South Australia Audit System

The legislative framework for the statutory audit system is established in the Environment Protection Act 1993 and the Environment Protection Regulations 2009. The audit system became operational on 1 July 2009.

A site contamination audit (audit) is defined in section 3(1) of the Act as a review carried out by a person that: examines assessments or remediation carried out by another person of known or suspected site contamination on or below the surface of a site; and is for the purpose of determining any one or more of the following matters:

I. the nature and extent of any site contamination present or remaining on or below the surface of the site;

II. the suitability of the site for a sensitive use or another use or range of uses;

III. what remediation is or remains necessary for a specified use or range of uses.

The EPA has developed a risk-based framework for the assessment and remediation of groundwater contamination to ensure the protection of human health and the environment. The assessment component incorporates a two-stage risk assessment process, including the development of a conceptual site model and beneficial use assessment.

Where the risk assessment process identifies a risk to human health and/or the environment, remediation may need to be carried out.

The EPA framework for remediation of groundwater contamination involves the development of a remediation proposal (in the form of a remediation options assessment) or an RTEN (remediation to the extent necessary) opinion (see flow chart below), to be provided by a site contamination auditor. The approach selected will be determined by the level of risk identified.

There is a Duty to Report contamination in SA:

  • the duty applies to owner or occupier or auditor or consultant
  • the above persons have a duty to notify the EPA of becoming aware of site contamination that effects or threatens underground water
  • knowledge includes review of reports
  • a penalty applies $120k (corporation) or $60k (individual) where the report is not made in writing to the EPA as soon as reasonably practicable after becoming aware of its existence.

 

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