Section 56 - Contaminated Land Management Act 1997 - Revocation, suspension or refusal to renew accreditation

56Revocation, suspension or refusal to renew accreditation

Start here

Get a plain-English read of 56

Turn the raw legal text into a practical explanation grounded in Contaminated Land Management Act 1997.

56 Revocation, suspension or refusal to renew accreditation

(1) The EPA may, by notice in writing given to a site auditor, suspend, revoke or refuse to renew the site auditor’s accreditation if it is of the opinion that one or more of the following grounds exist—

(a) the site auditor no longer satisfies the requirements of the guidelines in relation to eligibility for accreditation as a site auditor,

(b) the site auditor has contravened—

(i) any of the provisions of this Part, or

(ii) any of the provisions of the regulations, or

(iii) a condition to which the accreditation is subject, or

(iv) a direction given to the site auditor by the EPA under this Part,

(c) the site auditor is not carrying out sufficient bona fide site audits to justify continued accreditation,

(d) the site auditor’s accreditation in another jurisdiction has been changed because of conduct that would (if it occurred in New South Wales) authorise revocation or suspension of the person’s accreditation under this Act,

Note.

Section 33 of the Mutual Recognition Act 1992 of the Commonwealth states that if a person’s registration in an occupation in a State is cancelled, suspended or subject to a condition in relation to criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in another State is affected in the same way. See also section 32 of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth which has a similar provision in relation to disciplinary proceedings occurring in New Zealand.

(e) the site auditor provided false or misleading information in connection with an application for accreditation or renewal of accreditation,

(f) the site auditor fails to pay an accreditation fee within the time determined by the EPA, or such further time as the EPA may allow,

(g) any other ground prescribed by the regulations,

(h) the action is justified having regard to—