Part 10ASpecial provisions and enforcement powers for site contamination

Part 10A—Special provisions and enforcement powers for site contamination Division 1—Interpretation and application 103A—Interpretation In this Part— occupier, in relation to land— (a) has the meaning assigned to the term by section 3; and (b) if, in accordance with the regulations, a person of a particular kind is to be taken to be an occupier of the land in the circumstances of the case—includes a person of that kind, and occupy land has a corresponding meaning. 103B—Application of Part to site contamination This Part applies to site contamination at a site whether the chemical substances were first present there, or the environmental harm resulted, before or after the commencement of this Part or this Act. Division 2—Appropriate persons to be issued with orders and liability for site contamination 103C—General provisions as to appropriate persons (1) Subject to this Part, the appropriate person to be issued with a site contamination assessment order or a site remediation order in respect of a site under Division 3 is— (a) the person who caused the site contamination at the site; or (b) if it is not practicable to issue the order to that person, the owner of the site provided that— (i) before the person acquired the site, the person knew, or ought reasonably to have been aware, that chemical substances were present, or likely to be present, on or below the surface of the site such as to require, or be likely to require, remediation; or (ii) — (A) before the person acquired the site, the person knew, or ought reasonably to have been aware, that the activity that caused the site contamination at the site had been carried on at the site, or while the person was the owner, the person knew, or ought reasonably to have been aware, that the activity that caused the site contamination at the site was being carried on at the site; and (B) the activity is an activity of a kind prescribed by the regulations as a potentially contaminating activity. (2) However, if the basis for issuing a site contamination assessment order is only the Authority's suspicion under section 103H(1)(b) as to the existence of site contamination at the site, subsection (1) of this section does not apply and the appropriate person to be issued with the order is the owner of the site. (3) For the purposes of subsection (1), it is not practicable to issue a site contamination assessment order or a site remediation order to a person if the person— (a) has died or, in the case of a body corporate, ceased to exist; or (b) cannot, after reasonable inquiry, be identified or located; or (c) would, in the opinion of the Authority, for any reason, be unable to carry out, or meet the costs and expenses of, the action required or authorised under the order. 103D—Causing site contamination (1) For the purposes of this Act, a person is to be taken to have caused site contamination if the person was the occupier of land when there was an activity at the land that caused or contributed to the site contamination. (2) If site contamination would not have resulted at a site but for a change of use of a kind prescribed by regulation (whether the change occurred before or after the commencement of this Part or this Act), the person who brought about the change of use of the site is to be taken to have caused the site contamination for the purposes of this Act. (3) The operation of subsection (2) in a particular case is not to be taken to exclude the possibility of another person or persons also having caused the site contamination under subsection (1). (4) For the purposes of subsection (2), a person does not bring about a change of use of a site because the person was a relevant authority that granted a consent or approval in respect of the site under the Planning, Development and Infrastructure Act 2016. 103E—Liability for site contamination subject to certain agreements (a) site contamination exists at a site; and (b) land that is all or portion of the site has been sold or transferred (whether before or after the commencement of this Part or this Act) subject to an agreement in writing under which the purchaser or transferee will assume liability for all or a specified part of the site contamination at the site, the purchaser or transferee is to be taken to have assumed the vendor's or transferor's liability for the site contamination in accordance with the agreement and this Act applies as if the purchaser or transferee (and not the vendor or transferor) had caused the site contamination or, as the case may be, the specified part of the site contamination. (2) Subsection (1) does not apply to an agreement— (a) unless, in the case of an agreement entered into after the commencement of this Part— (i) the person has first given the purchaser or transferee a notice in a form approved by the Authority for the purposes of this section setting out the legal effect of the agreement under this section; and (ii) a copy of the agreement is lodged with the Authority; or (b) if the Environment, Resources and Development Court determines, on application by the Authority, that the purchaser or transferee did not acquire the land in a genuine arms length transaction. 103F—Order may be issued to one or more appropriate persons If, in the application of this Division, there are 2 or more persons to whom it is practicable to issue an order under Division 3 as appropriate persons, the Authority may determine that— (a) any 1 of the persons is the appropriate person to be issued with the order; or (b) 2 or more of the persons are the appropriate persons to be issued with the order (with the effect that the persons are jointly and severally liable to comply with the requirements of the order). 103G—Court may order that director of body is appropriate person in certain circumstances (a) a body corporate has been issued with a site contamination assessment order or a site remediation order in respect of a site, or grounds exist for the issuing of any such order to a body corporate; and (b) there is reason to believe that the body corporate is being or has been wound up, stripped of assets or subjected to other action as part of a scheme— (i) to avoid meeting its obligations under or in connection with a site contamination assessment order or a site remediation order in respect of the site; or (ii) to avoid its being issued with such an order, the Environment, Resources and Development Court may, on application by the Authority, make an order that a person who was, during the period in which it appears to the Court that the scheme was principally devised, a director or otherwise concerned in the management of the body corporate, or of a holding company of the body corporate, is an appropriate person to be issued with a site contamination assessment order or a site remediation order, or both, in respect of the site. (2) Without limiting the effect of subsection (1), there will be reason for such a belief— (i) the body corporate is being or has been wound up; and (ii) the body corporate has carried out 1 or more transactions— (A) such as to give the liquidator of the body corporate a right to recover cash under section 567 of the Corporations Act 2001 of the Commonwealth; or (B) rendered voidable by section 588FE of the Corporations Act 2001 of the Commonwealth; or (C) by which the body corporate incurred a debt in relation to which a person contravened section 588G of the Corporations Act 2001 of the Commonwealth; and (iii) there was, at the time or times when the body corporate entered those transactions or a substantial portion of them, reason to believe that site contamination may exist at the site; or (i) a holding company of the body corporate has contravened section 588V of the Corporations Act 2001 of the Commonwealth in relation to the body corporate; and (ii) there was, at the time of the contravention, reason to believe that site contamination may exist at the site; or (c) if— (i) the site has been transferred to a related body corporate (the transferee); and (ii) a reasonable person could have anticipated that the transferee would be unable to pay its debts if it took steps to remediate the site (to the extent that a reasonable person would have expected would be necessary); and (iii) there was, at the time of the transfer or when the body corporate entered the transactions for the transfer, or a substantial portion of them, reason to believe that site contamination may exist at the site. (3) The Court must not make an order under this section if the person against whom the order would be made satisfies the Court that— (a) the person had no knowledge, actual, imputed or constructive, of the scheme or any element of the scheme; or (b) the person was not in a position to influence the conduct of the body corporate in relation to that scheme; or (c) the person, if in such a position, used all due diligence to prevent the pursuit of the scheme by the body corporate. (4) The Court may make an order under this section despite the fact that the body corporate took steps to remediate the site. Division 3—Orders and other action to deal with site contamination 103H—Site contamination assessment orders (a) the Authority is satisfied that site contamination exists at a site; or (b) the Authority suspects that site contamination exists at a site because a potentially contaminating activity of a kind prescribed by regulation has taken place there, the Authority may issue a site contamination assessment order in respect of the site to an appropriate person. (2) A site contamination assessment order— (a) must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must specify the site; and (d) must include requirements for assessments to be carried out of the nature and extent of any site contamination on or below the surface of the site and, subject to subsection (3), if the Authority so determines, on or below the surface of land in the vicinity of the site; and (e) must include a requirement for a written report of the assessments to be submitted to the Authority in a specified form within a specified period; and (f) may include a requirement that a person with specified qualifications be appointed or engaged to carry out the assessments required by the order or to prepare the written report or the assessments; and (g) may include a requirement for a site contamination audit to be carried out, in accordance with the guidelines issued from time to time by the Authority, and a site contamination audit report to be submitted to the Authority within a specified period; and (h) may include a requirement for specified consultations to be carried out with owners or occupiers of land in the vicinity of the site; and (i) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (3) If the order is issued to an appropriate person as an owner of the site as distinct from a person who caused the site contamination, the order must be limited in its application to site contamination on or below the surface of the site. (4) Where a proposed site contamination assessment order or a proposed variation of such an order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice. (5) The Authority may, by written notice served on a person to whom a site contamination assessment order has been issued, vary or revoke the order. (6) A person to whom a site contamination assessment order is issued must comply with the order. (7) It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a site contamination assessment order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (8) If compliance by a prescribed person with a requirement to provide information imposed by a site contamination assessment order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 103I—Voluntary site contamination assessment proposals (1) The Authority may agree not to issue a site contamination assessment order to a person in relation to known or suspected site contamination if the person undertakes to carry out an assessment in accordance with an approved voluntary site contamination assessment proposal. (2) An agreement under subsection (1) must be in writing and copies of the agreement must be served on the parties to the agreement. (3) The Authority may, on application by a person, approve a voluntary site contamination assessment proposal if satisfied that the terms of the proposal are appropriate. (4) The Authority must, if satisfied that the assessment has been carried out and completed in accordance with the approved proposal, notify the holder of the approval in writing that it is so satisfied. (5) If a notification is given to a person under subsection (4), the person may apply to the Court under Part 11 for an order for payment of the whole or a portion of the costs and expenses of the assessment against others as if the person had carried out the assessment in compliance with the requirements of a site contamination assessment order. 103J—Site remediation orders (a) the Authority is satisfied that site contamination exists at a site; and (b) the Authority considers that remediation of the site is required, taking into account current or proposed land uses, the Authority may issue a site remediation order in respect of the site to an appropriate person. (2) A site remediation order— (a) must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must specify the site; and (d) must give particulars of the site contamination; and (e) may include requirements for the person to whom it is issued to remediate the site within a specified period; and (f) may include requirements for— (i) preparing, in accordance with specified requirements and to the satisfaction of the Authority, a plan of remediation; and (ii) complying with such a proposal to the satisfaction of the Authority; and (g) may include authorisation for the site to be remediated, or any other action to be taken in respect of its remediation, on the Authority's behalf by authorised officers or other persons authorised by the Authority; and (h) may include a requirement for a written report of the remediation to be submitted to the Authority in a specified form within a specified period; and (i) may include a requirement that a person with specified qualifications be appointed or engaged to— (i) prepare a plan of remediation under paragraph (f); or (ii) prepare a written report of the remediation under paragraph (h); or (iii) carry out the remediation or other activities associated with the remediation; and (j) may include requirements for a site contamination audit to be carried out, in accordance with the guidelines issued from time to time by the Authority, and a site contamination audit report to be submitted to the Authority within a specified period; and (k) may include a requirement for specified consultations to be carried out with owners or occupiers of land in the vicinity of the site; and (l) must state that the person may, within 14 days, appeal to the Environment, Resources and Development Court against the order. (3) If the order is issued to an appropriate person as an owner of the site as distinct from a person who caused the site contamination, the order must be limited in its application to site contamination on or below the surface of the site. (4) Where a proposed site remediation order (except an emergency site remediation order) or a proposed variation of a site remediation order would require the undertaking of an activity for which a permit would, but for section 106 of the Landscape South Australia Act 2019, be required under that Act, the Authority must, before issuing or varying the order, give notice of the proposal to the authority under the Landscape South Australia Act 2019 to whom an application for a permit for the activity would otherwise have to be made inviting the authority to make written submission in relation to the proposal within a period specified in the notice. (5) An authorised officer may, if of the opinion that urgent action is required for the remediation of a site, issue a site remediation order imposing requirements of a kind referred to in subsection (2)(e) as reasonably required for the remediation of the site (an emergency site remediation order). (6) An emergency site remediation order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the Environment, Resources and Development Court against the order. (7) Where an emergency site remediation order is issued to a person, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written site remediation order issued by the Authority and served on the person. (8) The Authority or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other site remediation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement. (9) The Authority may, by written notice served on a person to whom a site remediation order has been issued, vary or revoke the order. (10) Where, in accordance with subsection (2)(g), a site remediation order is issued authorising a person other than an authorised officer to take action, the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. (11) A person to whom a site remediation order is issued must comply with the order. (12) It is not an excuse for a person to refuse or fail to provide information in response to a requirement imposed by a site remediation order on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (13) If compliance by a prescribed person with a requirement to provide information imposed by a site remediation order might tend to incriminate the person or make the person liable to a penalty, then the information given in compliance with the requirement is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 103K—Voluntary site remediation proposals (1) The Authority may agree not to issue a site remediation order to a person in relation to site contamination if the person undertakes to carry out remediation in accordance with an approved voluntary site remediation proposal. (2) An agreement under subsection (1) must be in writing and copies of the agreement must be served on the parties to the agreement. (3) The Authority may, on application by a person, approve a voluntary site remediation proposal if satisfied that the terms of the proposal are appropriate. (4) The Authority must, if satisfied that the remediation has been carried out and completed in accordance with the approved proposal, notify the holder of the approval in writing that it is so satisfied. (5) If a notification is given to a person under subsection (4), the person may apply to the Court under Part 11 for an order for payment of the whole or a portion of the costs and expenses of the remediation against others as if the person had carried out the remediation in compliance with the requirements of a site remediation order. 103L—Entry onto land by person to whom order is issued (1) A site contamination assessment order or a site remediation order does not confer on the person to whom it is issued a power to enter land of which that person is not an occupier, to remain on such land or to do anything on such land, without the permission of— (a) the occupier of the land; and (b) the owner of the land (unless the order has been issued to the owner or the occupier is the owner). (2) However— (a) if permission is withheld or withdrawn by the owner, the Authority may— (i) revoke, suspend or vary the order; and (ii) if the owner has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the owner as if the owner were the appropriate person; (b) if permission is withheld or withdrawn by the occupier, the Authority may— (i) revoke, suspend or vary the order; and (ii) if the occupier has been warned of the possible consequences of withholding or withdrawing permission, issue a site contamination assessment order or a site remediation order in respect of the land to the occupier as if the occupier were the appropriate person. (3) If a site remediation order is issued under subsection (2), this Act applies as if no person other than the person issued with the order has liability for site contamination described in the order in respect of the land. 103M—Liability for property damage etc caused by person entering land (1) This section applies to a person who enters or does anything on land in order to carry out— (a) the requirements of a site contamination assessment order or site remediation order; or (b) an approved voluntary site contamination assessment proposal or approved voluntary site remediation proposal. (2) A person to whom this section applies is liable, except as prescribed by the regulations, to the occupier of the land for damage to property of the occupier, or other loss suffered by the occupier, as a result of the entry or other actions (including loss suffered by the occupier because of the interruption of the occupier's business on the land by such entry or actions). (3) A person to whom this section applies is liable, except as prescribed by the regulations, to the owner of the land for damage to land or other property of the owner, or other loss suffered by the owner, as a result of the entry or other actions. (4) A person who incurs a liability under this section must— (a) take all reasonable steps to minimise and make good the damage or loss; and (b) to the extent that it is not practicable for the person to make good the damage or loss—compensate the person suffering the damage or loss. (5) Proceedings for the recovery of compensation under this section must be brought by application to the Environment, Resources and Development Court. 103N—Special management areas (1) If the Authority has reason to believe that site contamination of a particular kind exists in a wide area, or in numerous areas, as a result of the same activity or proximate or related activities, the Authority may, by notice in the Gazette— (a) declare that the area or areas described in the notice may be affected by site contamination described in the notice; and (b) declare the area or areas to be a special management area or special management areas for the purposes of this section. (2) On the making of a declaration under this section, the Authority is to conduct a program in which it— (a) publicises the matters to which the declaration relates; and (b) establishes consultative processes involving itself and other relevant public authorities, industries, businesses, residents and others involved, or with a relevant interest, in the matter; and (c) endeavours to bring about the making of 1 or more environment performance agreements or other voluntary arrangements under which the parties to the agreements or arrangements are to carry out, or contribute to or assist in the carrying out of— (i) assessments of— (A) the nature and extent of site contamination within the special management area or areas; and (B) the remediation that is necessary; and (ii) the preparation of plans of remediation; and (iii) the remediation of the sites that are affected by the relevant site contamination. (3) The Authority may, by notice in the Gazette, vary or revoke a notice under this section. 103O—Registration of site contamination assessment orders or site remediation orders in relation to land (1) Where a site contamination assessment order or site remediation order has been issued under this Division, the Authority may do either or both of the following: (a) if the order was issued to an owner or occupier of the site—apply to the Registrar‑General for registration of the order in relation to the site; (b) apply to the Registrar‑General for registration of the order in relation to land owned by a person to whom the order was issued. (2) An application under this section must— (a) describe the land to which it relates; and (b) do either or both of the following as the case may require: (i) state that the registration of the order in relation to the land will, by virtue of subsection (4), result in the order becoming binding on each owner from time to time of the land; (ii) state that the registration of the order in relation to the land is to operate as the basis for a charge on land owned by the person to whom the order was issued, as provided by this Division, securing payment to the Authority of costs and expenses incurred in taking action in the event of non‑compliance with requirements of the order or in taking action in pursuance of the order. (3) The Registrar-General must, on application by the Authority under subsection (1) and lodgement of a copy of the site contamination assessment order or site remediation order, register the order by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as he or she thinks fit. (4) Where a site contamination assessment order or a site remediation order (other than an order authorising remediation of a site by authorised officers or other persons authorised by the Authority) was issued to an owner or occupier of the site and is registered under this section in relation to the site— (a) the order is binding on each owner from time to time of the site, and this Division applies as if the order had been issued to each owner; and (b) a person who ceases to be an owner of the site must, as soon as reasonably practicable, notify the Authority in writing of the name and address of the new owner. (5) Where a site contamination assessment order or site remediation order is registered under this section in relation to a site, the Authority must, as soon as reasonably practicable, notify, in writing, each owner of the site of the registration and of the obligations of owners under subsection (4). (6) A person who fails to comply with subsection (4)(b) is guilty of an offence. (7) The Registrar-General must, on application by the Authority, cancel the registration of a site contamination assessment order or site remediation order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit. (8) The Authority may, if it thinks fit, apply to the Registrar‑General for cancellation of the registration of a site contamination assessment order or site remediation order in relation to land, and must do so— (a) on revocation of the order; or (b) on full compliance with the requirements of the order; or (c) if the Authority takes action under this Division to carry out the requirements of the order—on payment to the Authority of the amount recoverable by the Authority under this Division in relation to the action so taken. 103P—Notation of site contamination audit report in relation to land (1) This section applies to a site contamination audit report relating to land whether or not required under this or any other Act. (2) The Registrar-General must, on application by the Authority, include in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office a notation that a site contamination audit report has been prepared in respect of the land and is to be found in the register kept by the Authority under section 109 of this Act. (3) The Registrar-General must, on application by the Authority, remove a notation made in relation to land under this section. 103Q—Action on non-compliance with site contamination assessment order or site remediation order (a) the requirements of a site contamination assessment order are not complied with; or (b) a site remediation order requires remediation of the site by the person to whom it is issued and the requirements of the order are not complied with, the Authority may take any action required by the order. (2) Any action to be taken by the Authority under subsection (1) may be taken on the Authority's behalf by authorised officers or by other persons authorised by the Authority for the purpose. (3) Where a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply: (b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection; (c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer; (d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer. 103R—Recovery of costs and expenses incurred by Authority (1) Where action has been taken by the Authority either on non‑compliance with the requirements of a site contamination assessment order or a site remediation order, or in pursuance of a site remediation order, the Authority may recover the reasonable costs and expenses incurred by the Authority in taking that action as a debt from the person to whom the order was issued. (2) Subject to subsection (3), where— (a) a site contamination assessment order or site remediation order has been registered in relation to a site under section 103O; or (b) the registration of a site contamination assessment order or site remediation order in relation to land has been cancelled under that section, the Authority may recover, as a debt from the person to whom the order was issued, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be). (3) No amount is recoverable by the Authority under subsection (2) in relation to a site contamination assessment order or site remediation order that has been revoked. (4) Where an amount is recoverable from a person by the Authority under this section— (a) the Authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and (b) the amount together with any interest charge so payable is until paid a charge in favour of the Authority on any land owned by the person in relation to which the site contamination assessment order or site remediation order is registered under this Division. (5) A charge imposed on land by this section has priority over— (a) any prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and (b) any other charge on the land other than a charge registered prior to registration of the site contamination assessment order or site remediation order in relation to the land. 103S—Prohibition or restriction on taking water affected by site contamination (1) If the Authority is satisfied that— (a) there is site contamination that affects or threatens water; and (b) action is necessary under this section to prevent actual or potential harm to human health or safety, the Authority may, by notice in the Gazette, prohibit or restrict the taking of the water. (2) A notice under this section must— (a) specify the water to which it relates; and (b) give particulars of the site contamination affecting the water. (3) A person must not contravene a notice under this section. (4) The Authority may, by notice in the Gazette, vary or revoke a notice under this section. Division 4—Site contamination auditors and audits 103T—Application of Division This Division applies to— (a) a site contamination audit; or (b) a site contamination audit report; or (c) a site contamination audit statement, whether or not required under this or any other Act. 103U—Requirement for auditors to be accredited A person must not carry out a site contamination audit unless— (a) the person is a site contamination auditor and personally carries out or directly supervises the work involved in the audit; or (b) the person carries out the audit through the instrumentality of a site contamination auditor who personally carries out or directly supervises the work involved in the audit. 103V—Accreditation of site contamination auditors (1) Only a natural person may be granted accreditation as a site contamination auditor. (2) The regulations may provide for matters relating to the accreditation of site contamination auditors, including (without limitation)— (a) the grant or renewal of accreditation by the Authority; and (b) referral of applications to an accreditation committee established by the Authority; and (c) powers of the Authority or accreditation committee to examine applicants or require the provision of information by applicants; and (d) application fees and accreditation fees; and (e) the imposition or variation of conditions of accreditation; and (f) the term for which accreditation may be granted or renewed; and (g) powers of the Authority to suspend or cancel accreditation and disqualify persons from obtaining accreditation; and (h) the grounds for refusing the grant or renewal of accreditation or for suspending or cancelling accreditation or disqualifying persons from obtaining accreditation; and (i) reviews by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of decisions of the Authority relating to accreditation. (3) The regulations may provide that persons of a specified class are to be taken to be accredited under this Division subject to compliance with requirements specified in the regulations. (4) In this section— Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 103W—Illegal holding out as site contamination auditor (1) A person must not hold himself or herself out as a site contamination auditor unless the person is accredited under this Division as a site contamination auditor. (2) A person must not hold out another as a site contamination auditor unless the other person is accredited under this Division as a site contamination auditor. 103X—Conflict of interest and honesty (1) This section applies to— (a) a site contamination auditor; or (b) a person who carries out a site contamination audit on behalf of another through the instrumentality of a site contamination auditor. (2) A person to whom this section applies must not, unless authorised by the Authority in writing, carry out a site contamination audit of a site— (a) if the person is an associate of another person by whom any part of the site is owned or occupied; or (b) if the person has a direct or indirect pecuniary or personal interest in any part of the site or any activity that has taken place or is to take place at the site or part of the site; or (c) if the person has been involved in, or is an associate of another person who has been involved in, assessment or remediation of site contamination at the site; or (d) on the instructions of, or under a contract with, a site contamination consultant who has been involved in the assessment of site contamination at the site. Maximum penalty: $4 000 or imprisonment for 1 year. (3) A person to whom this section applies must not, in or in relation to a site contamination audit, site contamination audit report or site contamination audit statement, make a statement that the person knows to be false or misleading in a material particular (whether by reason of the inclusion or omission of any particular). (b) in the case of a natural person—$30 000 or imprisonment for 1 year. 103Y—Annual returns and notification of change of address etc (1) A site contamination auditor must, during the prescribed period each year, furnish the Authority with a return relating to site contamination audits for which the auditor is or was the responsible auditor, listing each such audit commenced, in progress, completed or terminated before completion during the period commencing— (a) in the case of an auditor in his or her first year of accreditation—on the day on which accreditation was granted; or (b) in any other case—on the first day of the prescribed period in the preceding year. (2) A return under this section must be in the form prescribed by regulation. (3) A site contamination auditor must, within 14 days after any change of address or any other change relating to his or her activities as a site contamination auditor that affects the accuracy of particulars last furnished to the Authority, notify the Authority of the change. (4) In this section— prescribed period means the period commencing 8 weeks before, and ending 4 weeks before, the anniversary of the day on which the auditor's accreditation was granted or last renewed; responsible auditor—a site contamination auditor is the responsible auditor for a site contamination audit if the work involved in the audit is carried out personally by, or under the direct supervision of, the auditor. 103Z—Requirements relating to site contamination audits (1) A site contamination auditor must, within 14 days after the commencement of a site contamination audit for which the auditor is the responsible auditor, notify the Authority in writing of the person who commissioned the audit and the location of the land to which the audit is to relate. (2) A site contamination auditor must, within 14 days after the termination before completion of a site contamination audit for which the auditor was the responsible auditor, notify the Authority in writing of the termination and the reasons for the termination. (3) A notification under subsection (1) or (2) must be in the form prescribed by regulation. (4) A site contamination auditor must, on the completion of each site contamination audit for which the auditor is the responsible auditor— (a) provide a site contamination audit report to the person who commissioned the audit; and (b) at the same time, provide— (i) a site contamination audit report to the Authority; and (ii) a site contamination audit statement to the council for the area in which the land to which the audit relates is situated and any prescribed body. (5) In this section— responsible auditor—a site contamination auditor is the responsible auditor for a site contamination audit if the work involved in the audit is carried out personally by, or under the direct supervision of, the auditor. Division 5—Reports by site contamination auditors and consultants 103ZA—Reports by site contamination auditors and consultants A site contamination auditor or site contamination consultant must, in any written report that the auditor or consultant prepares in relation to a site, clearly qualify any statement of the auditor's or consultant's opinion as to the existence of site contamination at the site by specifying the land uses that were taken into account in forming that opinion. 103ZB—Provision of false or misleading information A person must not make a statement that the person knows to be false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished to a site contamination auditor or site contamination consultant that might be relied on by the auditor or consultant in preparing a report relating to site contamination (whether or not required under this or any other Act). (b) in the case of a natural person—$30 000.