Developers often want, or need, certainty before they proceed with land development. This one's a bit dry, but explains why auditor's can't certify investigations of part lots or new land before it's created.
Auditors approved under Chapter 12, part 3A division 2 of the Queensland Environmental Protection Act 1994 (EP Act) for contaminated land matters can evaluate and certify contaminated land investigation documents (CLID's) which comprise Site Investigation Reports, Validation Reports and/or Draft Site Management Plans. Certification can only occur when the CLID complies with ss. 389(1) and 389(2) of the EP Act, which stipulate the required content of CLID's.
The following are content requirements of a CLID:
The particulars of the relevant land. In practice, this is evidenced by a current land title search showing the land particulars and the landowner at the time the CLID is certified. A Queensland Government SmartMap is also generally requested.
The reasons particulars of the land have been recorded in a relevant land register. A relevant land register is either the Environmental Management Register (EMR) or the contaminated land register (CLR). In practice, this is evidenced by a current search of the CLR and EMR.
It follows that, until the relevant land has been created and the particulars of the land have been recorded in a relevant land register, a CLID that fulfils the requirement of the EP Act cannot be prepared and hence cannot be certified. Equally, CLID's and certifications cannot concen only part of the relevant land.
Certified CLID's are submitted to the Queensland Government by the relevant person The relevant person is defined in the EP Act and, in summary, is the person who causes the CLID to be given to the administering authority and has responsibility for it, not the auditor. In practice, this is the landowner or developer.
Once a CLID is certified, the Queensland Government then relies on the auditor’s certification to determine whether the land should be listed on, or removed from, the EMR or CLR or its listing amended. In accordance with ss. 381 of the EP Act, if the administering authority receives an auditor certified CLID, the administering authority must remove the particulars of the land from the relevant land register if the site suitability statement accompanying the CLID states the land is not contaminated land. Otherwise, the administering authority must amend the particulars of the land in the relevant land register to record the uses for which the land is suitable in accordance with the site suitability statement contained in the certified CLID.
Reference: 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)
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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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