What Contaminated Land Auditors Actually Do in Queensland
- Christian Atkinson
- Aug 14
- 3 min read
In Queensland, the role of a contaminated land auditor is often misunderstood. Contrary to popular belief, auditors do not regulate contaminated land—they audit it. This distinction is critical for consultants, regulators, and landowners navigating the Environmental Protection Act 1994 (EP Act).
🧭 The Audit Function: Section 568(b) of the EP Act
Under Section 568(b) of the EP Act, contaminated land auditors are appointed to evaluate and certify contaminated land investigation documents (CLIDs). These documents might include site investigation reports, validation reports, or draft site management plans. Auditors assess whether these documents meet the content requirements of Section 389 of the EP Act and the standards outlined in the Queensland Auditor Handbook for Contaminated Land – Modules 5 & 6.
Auditors operate independently, reviewing CLIDs against statutory requirements and technical guidelines. Their job is to ensure that the information provided is scientifically sound, complete, and compliant—not to enforce or impose regulatory decisions.
🛡️ DETSI: The Administering Authority
The Department of Environment, Tourism, Science and Innovation (DETSI) is the regulator. DETSI administers the EP Act, maintains the Environmental Management Register (EMR) and Contaminated Land Register (CLR), and issues statutory notices. They also oversee auditor approvals, annual returns, and professional development compliance.
While auditors may liaise with DETSI, their role remains evaluative. Under Section 381, it is DETSI, as the administering authority, that must act on the findings of a site investigation or validation report. The auditor’s certification supports this process, but the regulatory authority and decision-making power (and responsability) rest solely with DETSI.
👷 The Role of the Suitably Qualified Person (SQP)
The Suitably Qualified Person (SQP) plays a foundational role in the contaminated land assessment process. According to the Auditor’s Handbook and the EP Act, an SQP is responsible for preparing CLIDs in accordance with Chapter 7 of the EP Act. These documents are then certified by an auditor and submitted to the department by the SQP or landowner.
The SQP must demonstrate appropriate qualifications and experience for the scope of work and provide a Site Suitability Statement that outlines the land’s condition and its suitability for use. Auditors are required to verify the SQP’s credentials—via a draft SQP declaration—and ensure the investigation has been conducted in accordance with the ASC NEPM 2013 and other technical standards. The Auditor Handbook recommends that auditors be commissioned early in the process, ideally before or at the start of the SQP’s work program, to avoid delays or the need for re-validation.
📣 Notification Duties Under Section 320 of the EP Act
Auditors also have a statutory duty to notify DETSI under Section 320A(2)(a)(ii) of the EP Act if they become aware of:
The presence of a hazardous contaminant on land that is causing or likely to cause serious or material environmental harm.
A change in the condition of contaminated land that could trigger environmental harm.
A notifiable activity under Schedule 3 of the EP Act being carried out.
Importantly, while auditors must notify DETSI, they have no power or responsibility to initiate or enforce investigation, remediation, or regulatory action, nor are they required to notify any other parties. These responsibilities rest solely with DETSI as the administering authority.
🔍 Why the Distinction Matters
Understanding this separation of powers helps:
Consultants prepare CLIDs that meet audit standards without assuming regulatory approval.
Regulators maintain clarity on their enforcement responsibilities.
Landowners avoid confusion about who makes the final call on land status.
Auditors are not regulators, and regulators are not auditors. Each plays a vital but distinct role in Queensland’s contaminated land framework.
Christian Atkinson is a contaminated land auditor and a suitably qualified person for contaminated land assessment in Queensland with more than 30 years of experience. Any discussion is general 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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