Sch 2Matters in respect of which regulations may be made

Schedule 2 — Matters in respect of which regulations may be made [s. 98(2)] 1. Disclosure statements under section 64, including— (a) the form of statements; (b) information to be included in the statements; and (c) reports to be annexed to the statements. 1A. Providing for notices, reports, approvals or other documents to be given, sent or served under this Act by electronic communication (as defined in the *Electronic Transactions Act 2011* section 5(1)) and providing for the proof of that giving, sending or service. 2. The fees to apply under this Act including, without limiting sections 43 and 45 of the *Interpretation Act 1984*, the following — (a) the time at which, or the periods for or during which, fees are to be paid; (b) the structure of fees; (c) the basis on which a fee is to be calculated; (d) interest on unpaid fees; (e) penalties for late payment or underpayment of fees; (f) recovery of fees; (g) refunding of fees. 3. The facts and circumstances to be taken into account by the committee in making a decision under Part 3 Division 3 as to responsibility for remediation. 4. The procedure for applying to the committee to make a decision as to responsibility for remediation, including the information that may be required by the committee, responsibility for the cost of supplying any information and the carrying out of any investigations to provide information. 5. Procedures regarding access to the database and records under sections 19 and 21. 6. Prescribing procedures in respect of appeals under Part 8 Division 2. [Division 1 amended: No. 34 of 2020 s. 63.] Division 2 — Auditors and audits 7. Conferring duties on auditors. 8. A scheme for the accreditation of auditors and, without limiting the generality of that scheme — (a) applications for accreditation and the assessment of applications; (b) renewal of accreditation; (c) the provision of advice to the CEO as to accreditation and the renewal of accreditation, including the establishment of a selection panel; (d) the qualifications, criteria and practical experience required for accreditation as an auditor; (e) monitoring the continuing competence of auditors; (f) the circumstances in which accreditation as an auditor is to be cancelled or suspended; (g) the imposition and variation of conditions to which an accreditation is subject; and (h) fees payable in relation to application and accreditation. 9. Additional circumstances where it is mandatory for an auditor to be engaged or for a mandatory auditor’s report to be provided, and the person to whom the report is to be provided. 10. The carrying out by an auditor of any duty conferred on an auditor under this Act or the EP Act. 11. The scope and content of mandatory auditor’s reports, including in respect of particular reports or reports made under particular provisions of this Act or the EP Act. 12. The powers and duties of auditors in prescribed circumstances. 13. A scale of maximum fees for services provided by auditors. [Schedule 3 omitted under the Reprints Act s. 7(4)(e).] ![]() Notes This is a compilation of the *Contaminated Sites Act 2003* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Contaminated Sites Act 2003* | 60 of 2003 | 7 Nov 2003 | 1 Dec 2006 (see s. 2 and *Gazette* 8 Aug 2006 p. 2899) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction: *Gazette* 7 Jan 2005 p. 53)) | | *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) | | *Contaminated Sites Amendment Act 2005* | 40 of 2005 | 12 Dec 2005 | 1 Dec 2006 (see s. 2 and *Gazette* 8 Aug 2006 p. 2899) | | *Financial Legislation Amendment and Repeal Act 2006* s. 17 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | **Reprint 1: The *Contaminated Sites Act 2003* as at 9 Feb 2007** (includes amendments listed above) | | | | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* Pt. 5 Div. 2 Subdiv. 1 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | | *Environmental Protection Amendment Act 2020* s. 115 | 40 of 2020 | 19 Nov 2020 | 3 Feb 2021 (see s. 2(1)(e) and SL 2021/12 cl. 2) | | *Directors’ Liability Reform Act 2023* Pt. 3 Div. 15 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) | | *Statutes (Repeals and Minor Amendments) Act 2025* s. 8 | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) | Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** a hazard 51(1) Account 60(1) act 3(1) affected site 3(1), 3(1) an act that was done without lawful authority 25(5) auditor 3(1) binding 3(1) CEO 3(1) CEO of the Health Department 3(1) certificate of contamination audit 3(1) classify 3(1) clean up notice 3(1) committee 3(1), 33(1) contaminated 3(1), 4(1) Crown land 5(2) database 3(1) decision as to responsibility for remediation 3(1), 35 detrimental action 95(3) director 28(7) engage in conduct 28(7) EP Act 3(1) exemption certificate 3(1) first person 54(1) guidelines 3(1) hazard abatement notice 3(1) insolvent 3(1) insolvent body corporate 28(7) interested person 36(3) investigation notice 3(1) land 61 management body 5(2) management plan 3(1) mandatory auditor’s report 3(1) notice 41 occupier 3(1) orphan site 3(1), 32(1) owner 3(1), 5(1) person responsible 3(1) principal offence 88(2) programme 12(7) records 3(1) register 58(9) Registrar 58(9) relevant time 28(7) remediation 3(1) site 3(1) source site 3(1), 3(1) specified 10(14), 86(2) state of mind 28(7) summary of records 21(2) well 93(2) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer