The Queensland Government has established a scheme for giving approval to contaminated land auditors to undertake certain functions on behalf of the government related to how contaminated land may be regulated. This is because the investigation and management of contaminated land is a complex and highly specialised field in which only a relatively small number of people have sufficient expertise*.
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Consequently, in Queensland, statutory decisions about contaminated land, such as changing the status of land on, or removing it from, the Environmental Management Register (EMR) or Contaminated Land Register (CLR), require certification from a contaminated land auditor.
A contaminated land audit in Queensland is an independent verification that evaluates whether a contaminated land investigation and the resulting contaminated land investigation document (CLID), conducted and prepared by a suitably qualified person (SPQ), comply with Section 389(1) and (2) of the EP Act, and that the land is suitable for the use specified in the site suitability statement included in the CLID.
Contaminated land auditors are highly experienced contaminated land professionals from private industry who act as independent certifiers. They are not government employees and they are not one of the specialists who investigate the land or prepare the CLID. Whilst they are generally engaged by the landowner or developer, they are required to act independently in a way that best achieves the objective of the EP Act., being ecologically sustainable development. They can offer comment on consultants work, however, they must not direct the contaminated land investigation, and they are not responsible for the outcomes of the investigation or any remedial work conducted.
At completion of the investigation, contaminated land auditors prepare an audit report and provide it with the certification to the landowner or developer. The audit report, explains and justifies how the auditor arrived at their decision to certify the CLID and the included site suitability statement. These documents are then packaged with the CLID and declarations by the landowner, SQP and auditor, and submitted by the SQP or owner to the regulating government authority. The government then relies on the auditor’s certification and the site suitability statement to determine what action must be taken regarding the land and its status on the EMR .
References:
*Queensland Auditor Handbook for Contaminated Land, Modules 1 to 6, DES. 2018. (https://www.qld.gov.au/environment/pollution/management/contaminated-land/auditors/auditor-handbook)
Australian Contaminated Land Consultants Association (QLD) Contaminated Land Certification Practice Guideline
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Christian Atkinson is a contaminated land auditor and a suitably qualified person for contaminated land assessment in Queensland with more than 25 years of experience. Any discussion is general in nature and does not consider your specific circumstances. If you are considering acting on any matters discussed, you should seek advice from qualified and experienced professionals.
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