105Guidelines

#### 105 Guidelines 105 Guidelines > > (1) For any purpose connected with the objects of this Act, the EPA may make guidelines (not inconsistent with this Act or the regulations) for its own use or for the use of landowners, developers, site auditors, any other section of the public or the general public. > > > (2) The EPA is under a duty to do the following in relation to such guidelines— > > > > > (a) to allow the public an opportunity to comment on the guidelines before they are made, > > > > > (b) to consider the comments of the public before making the guidelines, > > > > > (c) to publish the guidelines in the Gazette once they have been made, > > > > > (d) to make the guidelines available for inspection by the public free of charge, > > > > > (e) to enable the public to obtain copies of the guidelines at a reasonable cost, > > > > > (f) to take the guidelines into consideration whenever they are relevant, > > > > > (g) to depart from the guidelines in individual cases when any law requires that departure or the interests of the public, justice or the administration of this Act make it necessary to do so. > > > (3) The EPA is under a duty to comply with subsection (2) (d)–(g) in relation to any guidelines approved by the EPA for the purposes of this Act (but made by another person or body) as if they were guidelines made by the EPA. > > > > A guideline so approved by the EPA has effect for the purposes of this Act subject to the terms of that approval, and the approval is taken to be part of the guideline. > > > (4) The EPA may from time to time vary the terms of its approval of a guideline under this section, or revoke that approval. > > > (4A) A guideline may amend or revoke another guideline. If an amendment to a guideline is a minor amendment, the EPA is not required to comply with subsection (2) (a) or (b). > > > (5) The EPA is to give each site auditor accredited under Part 4 notice in writing of the following— > > > > > (a) the making or approval of a guideline under this section, > > > > > (b) the amendment or revocation of any such guideline or approval. > > > (6) Without limiting subsection (1), the guidelines may make provision for or with respect to eligibility for accreditation as a site auditor under Part 4, including in relation to the following matters— > > > > > (a) relevant experience and expertise in contaminated site work, > > > > > (b) proven high standards of integrity and objectivity, > > > > > (c) understanding of the impact of contaminated sites on the environment, public health and safety, > > > > > (d) understanding of relevant legislation and associated policies, > > > > > (e) understanding of the methods for assessing and managing contaminated sites, > > > > > (f) access to relevant areas of expertise and resources, > > > > > (g) knowledge of relevant scientific literature, > > > > > (h) insurance, > > > > > (i) any other matter prescribed by the regulations. > > > (7) In this section— > > > > minor amendment includes the following— > > > > > (a) the correction of a typographical or grammatical error, > > > > > (b) the updating of a cross-reference or contact or address details, > > > > > (c) any other amendment that is declared by the regulations to be a minor amendment. > > **s 105:** Am 2003 No 91, Sch 1 \[15\]; 2008 No 111, Sch 1 \[44\] \[45\].