Why Standard Purchase Order Terms Don’t Work for Contaminated Land Audits in Queensland
- Christian Atkinson
- 3 days ago
- 2 min read
When engaging a contaminated land auditor in Queensland, it’s important to understand that this is not a typical consulting arrangement. Unlike general services or procurement, contaminated land audits are statutory functions governed by the Environmental Protection Act 1994 (Qld) and the Queensland Auditor Handbook for Contaminated Land.
Who is the audit for?
Although the auditor is engaged by the client, the audit is conducted for the benefit of the Queensland Government. The scope, methodology, and reporting requirements are prescribed by law—not by client discretion. This ensures independence and integrity in environmental decision-making.
Why standard PO terms are unsuitable
Government or corporate purchase order terms often include:
Unilateral scope changes
Broad indemnities and warranties
Intellectual property ownership clauses
These provisions conflict with statutory obligations because:
Audit scope cannot be varied by the client.
Auditors cannot provide warranties beyond statutory certification.
Audit reports are legal instruments lodged with the Administering Authority and must remain unaltered.
Professional Conduct Requirements
Under Module 4: Code of Professional Conduct, auditors must:
Maintain independence and avoid conflicts of interest.
Act with integrity and objectivity.
Comply with all obligations under the EP Act and approved forms.
Reject any contractual term that compromises statutory duties.
Failure to comply can result in suspension or cancellation of approval under s.574D of the EP Act.
The takeaway
If you’re engaging a contaminated land auditor, ensure your contract reflects the legislative framework. Trying to apply standard procurement terms can lead to non-compliance and delays. The safest approach is to adopt auditor-specific terms or agree departures that preserve independence and statutory obligations.
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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