Contaminated Land Assessment Specialist Strategy Paper Establishment of Specialist Certification Category

Certified Environmental Practitioner (CENVP)
Establishment of Specialist Certification Category
Contaminated Land Assessment Specialist Strategy Paper
Prepared by:
The NES Working Group (a technical working group for the
Contaminated Land Management Sector Group)
Waste Management Institute New Zealand
Establishment of Contaminated Land Assessment Specialist Certification
February 2014
Contents
1.
Specialist Certification .................................................................................................................... 1
1.1.
2.
3.
Background and Motivation ........................................................................................................... 1
2.1.
The CLA Practitioner ........................................................................................................... 1
2.2.
Development of Contaminated Land Assessment Specialist Certification ........................ 4
Criteria ............................................................................................................................................ 5
3.1.
Contaminated Land Assessment Requirements ................................................................ 5
3.2.
CEnvP Contaminated Land Assessment Specialist Requirements ..................................... 6
3.3.
4.
5.
3.2.1.
Professional Experience ...................................................................................... 6
3.2.2.
Professional Competency ................................................................................... 7
3.2.3.
Interpersonal skills .............................................................................................. 8
Continued Professional Development................................................................................ 8
Assessment Process ...................................................................................................................... 98
4.1.
CLA Procedure .................................................................................................................... 9
4.2.
Applications ........................................................................................................................ 9
4.3.
CLA Specialist Certification Assessment Panels ............................................................... 10
4.4.
Post-Nominal CEnvP Designation ..................................................................................... 11
Fee Structure ................................................................................................................................. 11
5.1.
5.2.
6.
Introduction ........................................................................................................................ 1
Applications ...................................................................................................................... 11
5.1.1.
Existing CEnvP Applying for CLA Specialist Certification ................................... 11
5.1.2.
New CEnvP CLA Specialist Applicants ............................................................... 11
Renewal Fee ..................................................................................................................... 11
Continued Professional Development .......................................................................................... 11
Appendix A: New Zealand Working Group .......................................................................................... 13
Appendix B: Organisational Structure.................................................................................................. 16
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Establishment of Contaminated Land Assessment Specialist Certification
1.
February 2014
Specialist Certification
1.1.
Introduction
The Certified Environmental Practitioner (CEnvP) Scheme has established two
specialist certification categories to recognise specialist areas of practice in the
environmental sector requiring unique expertise and competency requirements;
Ecology and Impact Assessment.
The purpose of this Strategy Paper is to propose and outline the motivating factors,
criteria and pathway for a third specialist certification under the CEnvP Scheme;
Contaminated Land Assessment (CLA) Specialist Certification. This paper is written
around a desire for specialist certification in New Zealand, but apart from a
particular regulatory motivation in New Zealand for which the proposed CEnvP CLA
Specialist would provide a means (but not exclusive means) of demonstrating
competence, the general reasons for CLA Specialist Certification are common to both
Australia and New Zealand.
Stripped down to its essentials, contaminated land assessment and subsequent
contaminated land management is the process of:
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Estimating the degree of contamination of a site, typically through sampling
and laboratory analysis, but at the simpler end of the spectrum, through
desktop studies and expert judgement;
Determining what human or environmental receptors could be exposed to the
contaminants (establishing the conceptual site model);
Determining to what degree such receptors are exposed and therefore what
risk might be posed to the wellbeing of the receptors;
Establishing what remedial or management actions, if any, are necessary;
Implementing the necessary actions, including obtaining the necessary
approvals; and
Documenting the various stages.
Each of these stages may have multiple steps and be more or less complex
depending on the investigation objectives, the site circumstances, the type of
contamination, who or what might be exposed and the complexity and requirements
of the regulatory regime. The complexities, and the required level of skill, have
tended to get greater with time, as the community has demanded greater
transparency and higher standards.
2.
Background and Motivation
2.1.
The CLA Practitioner
It is helpful to consider the general competencies required of a CLA practitioner.
The following is taken from the introduction of Schedule B9 of the 2013 amendment
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to the National Environment Protection (Assessment of Site Contamination)
Measure 19991 (ASC NEPM), an Australian legislative instrument, the ideas in which
are equally applicable to New Zealand.
The assessment of contaminated sites is a specialised
professional area involving a number of disciplines. Practitioners
must have a range of competencies and be able to recognise the
need for supporting professional advice beyond their own
expertise when assessing contamination and its effects on land
use and the environment.
The extent to which these competencies are required varies with
the level and nature of work being carried out by the
professional. For example, the professional may be operating as
an accredited auditor2, a third-party reviewer, a specialist
professional certifying work under statute or an environmental
consultant involved in carrying out contaminated site
assessments. The complexity of contamination issues will vary
on individual sites from a single known contaminant with limited
site distribution to sites with multiple contaminants of unknown
vertical and lateral spread, off-site impacts and obvious human
health and environmental risks.
Professional assessments of site contamination deal with health
and environmental issues of concern to landowners, occupiers,
regulators, local government, planning authorities and the
public. These assessments are required by regulatory and
planning authorities for the management of contaminated land
and in development approval processes.
This description makes it clear that a CLA practitioner must have the ability to draw
together knowledge from a variety of sources and disciplines.
We are not aware of any specialist CLA tertiary qualifications in New Zealand or
Australia – at best there are individual papers as part of other degrees. A
practitioner therefore typically starts with one of the tertiary qualifications common
in the industry such as civil, environmental or chemical engineering, chemistry, earth
sciences (including geology, physical geography or soil science), hydrogeology,
environmental science and toxicology. The new graduate then learns on the job and
through short courses the additional cross-disciplinary skills necessary to be a
competent practitioner, able to carry out and project manage “typical” projects. We
National Environment Protection (Assessment of Site Contamination) Measure 1999 (April 2013), NEPC
2013, Canberra.
1
2
There is no accredited auditor system in New Zealand and no government intention of developing one. In
Australia, CLA Specialist Certification may assist in gaining accredited auditor status within particular state
jurisdictions, depending on the requirements of the legislation under which the auditor schemes operate.
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believe it takes five to eight years of continuous CLA experience, including field, data
interpretation, reporting and project management experience, to become
reasonably competent to manage commonly encountered projects.
At a higher level, the CLA “expert” practitioner is capable of such things as
coordinating and interpreting inputs from individual specialisations, such as
numerical modellers, hydrogeologists, environmental chemists and toxicologist;
acting as an independent expert in court; acting as an independent reviewer; and
acting in a regulatory certification or auditing role. This requires a specialist level of
knowledge that we believe would be acquired only after at least ten years of CLA
experience (post-graduation). It is this sort of person that CLA Specialist
Certification would be aimed at.
The desire for establishing a CLA Specialist Certification is particularly motivated in
New Zealand by the requirements of the National Environmental Standard for
Assessing and Managing Contaminants in Soil for the Protection of Human Health3
(hereafter referred to as the NES) that came into force in January 2012. One of the
requirements of the NES is for site contamination reports to be certified (signed off)
by a “suitably qualified and experienced practitioner” (SQEP). The regulation does
not articulate what level of competency a SQEP should have, although non-statutory
guidance is provided in the NES Users' Guide4. That Guide suggests a relevant
degree and a minimum of 10 years CLA experience.
Ultimately, it is at the complete discretion of the particular regulatory authority
administering the NES (the relevant district or city council) on whether it accepts a
report and therefore accepts the competence of the person who has certified the
report. The lack of a good definition has caused disquiet within the regulatory
community and also within the CLA industry, because selection and approval of
SQEPs can be subjective, which may not serve the industry or the wider public well.
Local Government New Zealand (representing the interests of local government
agencies in New Zealand) sought legal opinion from Simpson Grierson5 regarding
liabilities of councils with respect to the NES. In this legal opinion Simpson Grierson
offer the opinion that the identification of “suitably qualified and experienced
practitioners” is an area of risk for councils, and that “ideally, New Zealand would
have an accreditation or auditing scheme for contaminated sites within New
Zealand” to enable councils to exercise their discretion in an informed manner.
Therefore, a certification scheme is likely to be recognised and supported by local
government in New Zealand.
3
Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil
for the Protection of Human Health) Regulations 2011, New Zealand Government,
http://www.legislation.govt.nz/regulation/public/2011/0361/latest/DLM4052228.html
4
Users' Guide: National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect
Human Health, Ministry for the Environment, Wellington, April 2012.
https://www.mfe.govt.nz/publications/rma/users-guide-nes-for-assessing-managing-contaminants-in-soil/
5
Council liability under the National Environmental Standards for assessing and managing contaminants in soil
to protect human health. Letter to Local Government New Zealand, Simpson Grierson, Wellington,
20 February 2013.
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The introduction of CLA Specialist Certification will serve as one means of defining
the competency requirements of a SQEP and allows professionals operating in this
area of work to have their competency independently verified. It will also provide
assurance to regulators that a CEnvP CLA Specialist has the competency required by
the regulations. However, there is no intention to equate CEnvP CLA Specialist
certification with the regulatory SQEP; a council will still be free to choose to accept
as competent some other practitioner using whatever process it chooses to follow.
We are not aware of regulatory drivers currently existing in Australia for routine
certification of CLA professionals. However, CEnvP CLA Specialist certification may
assist a practitioner to gain accredited auditor status under one of the state
contaminated land auditor schemes, although this will depend on the detail of the
specific scheme. As a means of demonstrating competence, however, CLA Specialist
certification is consistent with the concepts set out in Schedule B9 of the ASC NEPM.
In particular, with respect to the higher skills required of auditors and third party
reviewers, the Schedule states (Section 4):
Auditors and third-party reviewers must be able to demonstrate that:
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they have exercised their own professional judgment
they have taken appropriate specialised advice when the
contamination issue is outside their expertise
their opinions have been reached independently
in forming those opinions, they have not been unduly influenced
by the views or actions of others who may have an interest in the
outcome of the review.
These requirements not only fit well with the ethical duties required of an ordinary
CEnvP, but also require the greater competence expected of a certified specialist.
2.2.
Development of Contaminated Land Assessment Specialist Certification
The Waste Management Institute New Zealand (WasteMINZ), through the
Contaminated Land Management Sector Group, formed an NES Working Group to
clarify what a SQEP should be. The NES Working Group has undertaken a significant
amount of due diligence and stakeholder engagement in New Zealand on the SQEP
requirements. This is described in Appendix A but, in summary, the Working Group
obtained a consensus that a SQEP should have:
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A relevant tertiary degree (or experience equivalent to a degree).
A minimum of 10 years professional CLA experience.
A commitment to undertake at least 40 hours per year continuing professional
development (CPD) (as a weighted sum of different types of activities, the
weighting based on the relative complexity and benefit gained).
Peer acceptance of competence by senior CLA practitioners (acting as referees
and/or certification assessors).
A commitment to ethical practice.
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It was through this process that the NES Working Group commenced discussion with
EIANZ in 2012 and identified the possibility of developing a CEnvP specialist
certification. The requirements for the CLA Specialist Certification mirror, and are
similar to, the recently established CEnvP Impact Assessment (IA) Specialist
certification procedure and requirements. In addition, the proposed requirements
are similar to those governing certification of other professionals in New Zealand
and Australia, without making the certification too onerous or cumbersome given
the range of professional disciplines and varied nature of CLA work.
The Working Group arrived at the conclusion that the CEnvP Specialist Certification
fulfils all the requirements that the Working group has identified as being necessary.
3.
Criteria
3.1.
Contaminated Land Assessment Requirements
CLA addresses all aspects of contaminated land investigation, assessment,
remediation and long-term management. CLA work takes many forms - ranging
from simple monitoring events (measuring surface and ground water and in-ground
gas contamination levels), Phase 1 assessments (often referred to as Preliminary Site
Assessments) establishing site history and likelihood of contamination being present
on a property, intrusive Phase 2 assessments (where boreholes are drilled and
groundwater monitoring wells are installed) to develop Conceptual Geohydrogeological Models of a site and establish contamination levels through the
collection of samples etc., quantitative health and environmental risk assessment,
through to remedial design, planning and implementation.
Much of the basic work is undertaken at a technician or recent graduate level, with
the work planned and supervised by a more experienced practitioner, the equivalent
of a normal CEnvP. Such supervising practitioners will have knowledge of standard
approaches, but will not have the breadth and depth of knowledge to work at the
highest levels. Such skills are only gained through long experience and being
exposed to complex projects requiring multidisciplinary approaches.
A CEnvP CLA Specialist applicant must first meet the fundamental requirements for
CEnvP certification. The standard CEnvP requirements are:
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An environmental-related degree and evidence thereof.6
Five years of full-time experience in the functional areas of environmental
practice during the last 10 years.
Nomination by three respected environmental professionals who are willing to
act as referees for the candidate.
6
However, a grandparent clause exists where ten years of experience can supplement an environmental
qualification. Some environmental qualifications may not meet the fundamental CEnvP environmental
qualification requirements depending on the nature of the program and therefore greater experience may be
required to demonstrate the necessary competence.
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February 2014
Evidence that the candidate is a respected, competent, ethical and active
member of the profession in the form of at least two referee statements (with
at least one external report), a detailed curriculum vitae, reports, publications,
citations, conference/seminar presentations, etc.
Evidence of an ongoing commitment to training and professional
improvement, in the order of 50 hours minimum and/or 100 points of training,
professional improvement, service to professional practice over a two year
period.
A signed and witnessed statement of claim covering qualifications, experience,
ethics, commitment and the accuracy of the materials provided to the
Certification Board.
A CEnvP candidate claiming expertise in CLA would be expected to be able to
demonstrate knowledge and understanding of:
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3.2.
The basic framework for contaminated land assessment, including
understanding the objectives of different types of investigations.
The pathways between contaminated environmental media and receptors at
risk, and development of conceptual site models.
The nature of contamination typically found on different types of
contaminated sites, physical and chemical interactions, impacts posed by
contamination with respect to human health, the environment and the built
environment..
Design of sampling programmes, application and limitations of investigation
techniques for soils, groundwater, surface water, soil gas and building
materials.
Quality control/quality assurance procedures
Evaluation and interpretation of chemical and analytical data, including use of
published guidelines.
Risk assessment and management; risk communication.
A working knowledge of environmental and resource management law within
the relevant jurisdiction(s).
Knowledge of workplace health and safety and means of ensuring safe work
practices.
CEnvP Contaminated Land Assessment Specialist Requirements
3.2.1.
Professional Experience
In order to be eligible for CEnvP CLA Specialist status, an applicant must have 10
years of full-time relevant/related experience in the functional areas of CLA during
the last 15 years. At least five of those years must have been in two or more of the
following areas:
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Scoping, design and project management of complex CLA investigations;
Site-specific risk assessment; development of risk management or remedial
strategies, including preparation of monitoring plans, site management plans
and remedial action plans;
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Establishment of Contaminated Land Assessment Specialist Certification
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February 2014
Participation in stakeholder engagement and risk communication, including
public meetings;
Preparation and presenting independent expert evidence in environmental
planning or court hearings;
Acting as an independent reviewer or auditor (or similar), preferably as part of
a statutory process;
Contributing to CLA policy development; or
Teaching and research in CLA.
Notes:
A shorter period may be allowed on an exceptional basis where an applicant:
Has a higher degree which has a large component of advanced CLA;
Can demonstrate that their previous work history has enabled them to develop
competencies adaptable to CLA, and that they have acquired a level of
proficiency in CLA at least equivalent to that normally obtained by a person
with the required work experience; and
Meets all other CLA certification criteria.
The CLA practitioner will need to be mindful of the Code of Ethics that underpins the
CEnvP CLA Specialist accreditation which will assist in ensuring that practitioners stay
within their areas of expertise and seek assistance when working outside of their
areas of expertise.
3.2.2.
Professional Competency
Due to the cross-disciplinary nature of CLA work, a CEnvP CLA Specialist employs the
ability to apply knowledge and experience in numerous factors when assessing a
CLA. The following abilities must be demonstrated by a CLA Specialist in their
written application and interview.
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Competency to lead and integrate multidisciplinary CLA studies at all scales
and to look beyond mere regulatory compliance to promote best practice.
Methods for scoping and prioritising relevant environmental and health
issues, relative importance and investigations required to address them.
Thorough knowledge and application of the CLA-related law and other
regulatory instruments in the jurisdiction(s) in which the Specialist operates.
Thorough knowledge of best practice CLA guidance, including guidance from
other jurisdictions.
A detailed knowledge of many of the following contaminated land
investigation and assessment fundamentals, with an ability to understand
when a gap in knowledge exists and knowledge must be sought from
elsewhere:
o
air quality (volatile emissions and dust) assessment relating to
contamination;
o
assessment of impacts on groundwater from contaminated sites;
o
contaminant fate and transport;
o
environmental chemistry;
o
environmental sampling;
o
environmental and human toxicology;
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3.2.3.
February 2014
o
geology and hydrogeology;
o
human health and ecological risk assessment relating to contamination;
o
identification of contaminants of concern from past industrial land uses;
o
remediation technologies and geo-technology; and
o
soil science.
A detailed understanding of the derivation of published guideline values and
their limitations, particularly the jurisdiction-specific policy embedded within
the values.
Site-specific assessment where using published guidelines is not appropriate
or does not give the best solutions.
Thorough knowledge of contaminated land management techniques available,
including institutional management tools, remedial options for soil,
groundwater and soil gas, and the environmental impacts of these options.
An appreciation of the emerging issues, trends and techniques in CLA
nationally and internationally.
Knowledge of commercial and contractual issues associated with land
redevelopment and land/property transfer as affected by land contamination.
Thorough knowledge of health and safety issues, including workplace safety
law, associated with conducting CLA related work.
Interpersonal Skills
Effective and efficient CLA requires robust interpersonal skills across a range of
stakeholders, and entails the ability to:
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3.3.
Demonstrate communication skills required for effective stake holder
engagement, collaboration and consultation, including communication of
risks, or lack of risks, presented by land contamination.
Clearly express complex concepts and ideas, orally and in writing.
Develop effective working relationships with stakeholders, including property
owners/developers, contractors, consultants, general public, community
groups and local and central government regulators.
Address conflicting viewpoints of different stakeholders from their own
perspectives.
Exercise perception and judgment in dealing with complex and sensitive
issues.
Act ethically.
Continued Professional Development
A CEnvP CLA Specialist applicant must be currently practising in CLA and have
demonstrated active commitment to best practice and continuing professional
development (CPD) relating to CLA through readings, publications/presentations,
training, mentoring and participation in professional and industry bodies. As noted
in Section 6, standard CPD requirements are deemed to be sufficient, in common
with the other CEnvP specialisations.
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4.
February 2014
Assessment Process
CLA Specialist Certification under CEnvP requires a level of experience and expertise beyond
standard CEnvP certification, including a minimum of 10 years professional work over a 15
year period. The criteria are addressed primarily by written eligibility. For those who appear
eligible to apply, an interview process takes place to confirm eligibility. The candidate is then
expected to maintain their skills through CPD. The application process and requirements
assess whether a contaminated land assessment practitioner holds the required valued traits,
competencies and knowledge.
4.1.
CLA Procedure
4.1.1.
4.1.2.
4.1.3.
4.1.4.
4.1.5.
4.1.6.
4.2.
All applications are received by the Program Manager during twice yearly
intakes, who processes payments, digitises records and information into
the system, and forwards applications to the Registrar and CLA Specialist
Certification Committee for screening. If an application is incomplete, the
Registrar coordinates with the applicant that all requirements are fulfilled.
Once an application is complete, the CLA Specialist Certification
Committee’s Panel Convener convenes a CLA Specialist Assessment Panel
to interview the applicant.
The interview should be conducted face-to-face, however it may be carried
out by Skype or phone conference if an in-person meeting is not feasible.
Upon completion of the interview, the CLA Specialist Assessment Panel
then summaries the interview, makes a recommendation and sends the
report to the Program Manager for digitisation.
The Program Manager then forwards the Assessment Panel Report to two
Board Application Ratification Committee (BARC) members (who cannot sit
on applicant panels nor act as a referee for the applicant in consideration),
who then review the report and make a recommendation based on the
results of the interview and the applicant’s demonstrated professional and
ethical competency.
The Board is then sent assessment results for support of BARC
recommendations. Applications with uncertain BARC or Panel
recommendations should be addressed by the CEnvP Board. The Program
Manager then notifies the applicant of the result of his or her application
and updates the system with the applicant’s status.
Applications
4.2.1.
Both existing and new CEnvP CLA Specialist applicants must submit the
following documentation:
1.
2.
3.
Application page: name, contact information, company, CLA areas of
expertise, payment details.
Education details and certified copies of qualifications: degrees and
IA specific continued education/qualifications.
Ethical Conduct form: standard CEnvP form.
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4.
5.
6.
7.
4.2.2.
4.2.3.
4.2.4.
4.3.
Code of Ethics form: standard CEnvP form.
Commitment to CPD form: standard CEnvP form.
Detailed Curriculum Vitae.
Work verification statement from present and past employers
verifying at minimum the past 10 years of CLA professional level
experience: standard CEnvP form with CLA work verification
statement added.
8.
A minimum of five documents required to demonstrate the required
professional capability listed in Section 3 above to be produced at
interview (or in electronic form prior to a video conference
interview). The documents should cover at least the three most
recent years of the 10 years of CLA professional practice.
9.
Two referee testimonies specific to CLA work from a client, peer or
employer (with no more than one from an employer or colleague in
the same organisation).
10. Statutory declaration.
Applicants must meet and display the professional and ethical proficiencies
outlined in Section 2 above through a series of CLA specific ethical scenario
questions and discussion of CLA relevant professional experience.
Existing CEnvPs applying for Impact Assessment Specialist certification
must display professional competency meeting the criteria for CLA
Specialists. New CEnvP applicants simultaneously applying for CLA
Specialist certification must also address the ethical scenario questions and
discussion points covered in standard CEnvP assessment interviews.
A practitioner applying for both standard CEnvP and CLA Specialist
Certification must be deemed eligible by the Panel for standard CEnvP
certification before being assessed for CLA Specialist certification eligibility.
Should a Panel recommend standard CEnvP certification but deferral of CLA
Specialist certification, its findings must be detailed in the Panel Report for
further consideration. A new CEnvP applicant cannot be recommended for
Specialist certification but deferred Standard CEnvP certification.
CLA Specialist Certification Assessment Panels
4.3.1.
4.3.2.
4.3.3.
CLA Specialist Certification Assessment Panels are made of at least two
CEnvP CLA Specialists appointed by the Divisional Convener each intake. If
two CEnvP CLA Specialists are not available, non-CEnvP practitioners with
equivalent CLA related professional experience may be appointed by the
CLA Specialist Certification Committee to assist at least two CEnvPs in the
assessment of applicants.
A CLA Specialist Assessment Panel may have as many as four panelists in a
situation where only standard CEnvPs are available and two outside
specialist CLA practitioners must be recruited.
CLA Specialist Certification Committee members can partake in a CLA
Specialist applicant’s assessment panel, so long as they are not a referee
for the candidate or acting as a BARC Member for the applications’
ratification.
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4.3.4.
4.4.
February 2014
As a transitional arrangement, non-CEnvP CLA specialists will need to be
appointed to panels. In New Zealand, at least two CEnvPs exist with
experience equivalent to a CEnvP CLA Specialist. Other practitioners with
sufficient experience to be CEnvP CLA Specialists are expected to apply for
CEnvP and CLA Specialist certification at the earliest opportunity with the
expectation that these people would be available as panel members.
Similarly experienced practitioners, both CEnvP and non-CEnvP exist in
Australia.
Post-Nominal CEnvP Designation
Upon initial certification as a CEnvP, the additional qualification of Certified
Environmental Practitioner Contaminated Land Assessment Specialist, or “CEnvP
(CLA Specialist)”, will follow a professional’s name, denoting a peer recognised level
of ethical and professional competency in CLA.
5. Fee Structure
5.1.
5.2.
Applications
5.1.1.
Existing CEnvP Applying for CLA Specialist Certification
For an existing CEnvP, a one-time non-refundable CEnvP CLA Specialist
certification application fee of AUD $130 applies, regardless of EIANZ
membership, and is due upon application submission in order for a
candidate’s application to be considered.
5.1.2.
New CEnvP CLA Specialist Applicants
Applicants applying for both standard CEnvP and IA Specialist certification
are required to pay the one-time, non-refundable CEnvP application fee as
is currently set for other specialist certification, i.e.:
Standard Applicant
A$390 + A$130 = A$520
EIANZ Member Applicant
A$260 + A$130 = A$390
EIANZ Fellow Applicant
A$125 + A$130 = A$255
Renewal Fee
An annual IA Specialist certification renewal fee of AUD $95 applies, in addition to
the standard CEnvP renewal fee7, and is due at the start of each year.
6.
Continued Professional Development
Standard CEnvP Continued Professional Development requirements apply (see CPD log –
http://www.cenvp.org/downloads/CPDLog2011.xls), which require that a CEnvP completes no
7
Current CEnvP Annual fees: Standard AUD $300; EIANZ Member AUD $205; EIANZ Fellow AUD $125
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fewer than 100 points of CPD over two years, as set out in the CEnvP CPD log form. For
activities that equate to one point per hour this is the equivalent of an average 50 hours CPD
per year.
In addition, in common with other CEnvP specialist certification, at least 50 percent of CPD
must consist of activities that directly contribute to the CLA field’s higher level processes,
policy and strategy.
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Appendix A: New Zealand Working Group
WasteMINZ8 is the largest representative body of the waste and resource recovery sector in New
Zealand. Formed in 1989, it is a membership-based organisation with over 1,000 members – from
small operators through to councils and large companies. As the authoritative voice on waste and
resource recovery in New Zealand, WasteMINZ seeks to achieve ongoing and positive development
of the industry through strengthening relationships, facilitating collaboration, knowledge sharing
and championing the implementation of best practice standards.
WasteMINZ has supported the contaminated land assessment industry for at least 15 years to the
extent that it has become the “home” of the industry, providing one of the main forums for debate
of contaminated land matters in New Zealand.
WasteMINZ’ annual conference and dedicated workshops have provided opportunities for
continuing education, a forum for government and local authority regulators to provide policy,
guideline and regulatory updates, and for practitioners, regulators and clients to network, exchange
technical information and learn from each other. More recently, the Australasian Land and
Groundwater Association (ALGA) has become active in New Zealand.
WasteMINZ has a number of special interest “sector groups”, one of which is the Contaminated Land
Management Sector Group. This group has a steering committee consisting of senior practitioners,
regulators and owner representatives. From time-to-time working groups are formed by the Sector
Group to examine particular issues of relevance to the CLA industry.
In the absence of a statutory definition of “a suitably qualified and experienced practitioner” (SQEP)
in the Contaminated Land National Environmental Standard (the NES), a working group consisting of
senior practitioners and regulators was formed to develop an industry consensus. One of the
working group members is also active in ALGA.
The motivation for the working group is that the NES requires certain reports to be certified by a
SQEP. Regulators responsible for the NES (district and city councils) have adopted a variety of
approaches.
It was recognised early in the group’s deliberations that a certification scheme would provide a
means of demonstrating competence at the level required of a SQEP. Such certification would
require:




A minimum level of qualification and experience.
A commitment to continuing education.
A commitment to ethical behaviour via a Code of Ethics.
Provide a means of having complaints heard and applicants would be certified through being
assessed by senior peers, who are best placed to set the standards for the industry.
Councils could then utilise such certification to decide whether the certifier of a report had the
desired competence.
8
See http://www.wasteminz.org.nz/
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Establishment of Contaminated Land Assessment Specialist Certification
February 2014
It was also recognised early that, for a variety of reasons, developing a new certification scheme
would be too difficult. A major difficulty was the lack of time and resources needed to develop a
certification framework and set up an independent body (not an industry body) to implement such a
scheme within what is a relatively small industry, with practitioners coming from diverse technical
and professional backgrounds.
The non-statutory Users' Guide to the NES published by the New Zealand Ministry for the
Environment acknowledged that existing certification schemes, including CEnvP, could be suitable.
The Users' Guide further suggested that:
The practitioner is essentially an expert in some specific and relevant fields and an
expert in drawing together multidisciplinary inputs and drawing conclusions. The
person is independent, applies good professional practice, and reports against
contaminated land and industry guidelines. ... For example, it would be someone
who could ultimately stand in the Environment Court and provide expert
testimony, and whose experience and qualifications stand up to court scrutiny.
The person certifying the report on behalf of their company would be expected to
be a principal scientist/engineer with a relevant tertiary education and with at
least 10 years of related experience.
Ideally the certifier would belong to a recognised professional body that assesses
and certifies environmental professionals in competency criteria of training,
experience, professional conduct and ethical behaviour ...
Given CEnvP has already been acknowledged as a scheme that considers these attributes, but noting
the greater desired length of professional practice suggested in the NES Users' Guide, the group
determined that the CEnvP Specialist Certification would provide the necessary level of rigour.
Ultimately, the particular regulatory jurisdictions which administer the NES regulations have
absolute discretion on who they accept reports from, but the WasteMINZ Contaminated Land
Management Sector Group intends to work with the regulators to publicise and gain acceptance of
the CEnvP Specialist Certification.
The Specialist Certification also fits nicely with the recommendations of Schedule B9 of the 2013
Amendment of the Assessment of Site Contamination NEPM 1999 within Australia. Again, it will be
up to each regulatory jurisdiction in Australia whether to accept a CEnvP CLA Specialist as meeting
its particular regulatory requirements.
The Working Group developed the hierarchy set out in the following table for contaminated land
personnel operating at various levels. A CEnvP CLA Specialist is aimed at only the highest level of
practice (the certifying SQEP).
This proposed hierarchy has been developed and consulted on through WasteMINZ’ NES workshops
associated with the 2012 and 2013 annual conferences, articles in WasteMINZ’ publications and
consultation with Local Government New Zealand, which represents the interests of local
government in New Zealand, and the New Zealand Ministry for the Environment.
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Establishment of Contaminated Land Assessment Specialist Certification
February 2014
Figure 1: Contaminated Land Personnel Hierarchy
Practitioner Level
Contaminated Land Technician
(Fieldwork)
(Note this category is a recommendation under the NES
Users' Guide - but it is not necessary to have certification)
Required Qualification/Experience
(1) Five years relevant experience working
under guidance of a Contaminated Land
Specialist (grandparenting clause for existing
field technicians)
OR
(2) Tertiary science or engineering qualification
relevant to environmental assessment that
required the equivalent of at least three years
full time study
Contaminated Land Practitioner
(Project Management Desk-Top Assessment)
(Note this category is a recommendation under the NES
Users Guide, and could be demonstrated by the ordinary
CEnvP certification but is not a proposed category under the
CEnvP CLA Specialist certification scheme)
Contaminated Land Specialist
(the “suitably qualified and experienced
practitioner” required to sign off reports under
the NES)
(This is a proposed category under the certification scheme)
(2) above AND
(3) Three years contaminated land assessment
experience in last five years; AND
(4) Continuing professional development 20
hours per year contaminated site related
(2) and (3) above; AND
(5) 10 years relevant post graduate
environmental experience; AND
(6) Continuing professional development at
least 40 hours per year contaminated site
related; AND
(7) Peer recognition: 3 Contaminated Land
Specialist references as to suitability and
relevance of qualification and experience; AND
(8) Committed to operate in accordance with a
code of ethics for environmental practitioners
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Establishment of Contaminated Land Assessment Specialist Certification
February 2014
Appendix B: Organisational Structure
Contaminated Land Assessment Specialist Certification will be undertaken using the existing CEnvP
organisational structure:
•
The CEnvP Board is the Scheme’s highest body, which directs and supervises Program
initiatives, establishes policies and objectives and approves budget and yearly plans, giving
direction to the Program’s high level processes and initiatives.
•
The Board Application Ratification Committee, or BARC, is appointed by the CEnvP Board. It
reviews the Assessment Panel Report results and makes a recommendation to the Board. The
BARC helps to establish consistency across the CEnvP Assessment Panels.
•
The Program Manager/Administrator carries out all the daily administrative tasks, acts as the
primary contact of the Program and assists in the maintenance of stakeholder relationships.
This includes, amongst other tasks, bookkeeping, membership maintenance, website
management, marketing initiatives, general administrative tasks, Board assistance, and
cooperation with the Registrar.
•
The Registrar assures quality of applicant document submissions and supervises the fulfilment
of application requirements before an applicant can be interviewed. The Registrar liaises with
the Board, Program Manager/Administrator and divisional and specialist committees on
applicant requirements and assessments, as well as coordinates applicant progress. All
correspondence should include the Program Manager.
The following additional structures will be adapted to facilitate Contaminated Land Assessment
Specialist Certification as follows:
•
The CLA Specialist Certification Committee assists in assembling CLA Specialist Assessment
Panels by way of the IA Specialist Assessment Panel Convener and the Board as a Certification
Board sub-committee in the IA Specialist certification process.
•
CEnvP CLA Specialist Assessment Panels are committees appointed by the Divisional Convener
of each intake, and are made up of three CEnvP CLA Specialists for candidates applying for
both Standard CEnvP and Specialist CLA certification, and one CEnvP and two CEnvP CLA
Specialists, or equivalent in professional experience, for current CEnvPs applying for Specialist
CLA certification.

In the event that three CEnvP CLA Specialists are not available for candidates applying for both
Standard CEnvP and Specialist CLA certification, one or more may be replaced by practitioners
of equivalent professional experience as decided by the CLA Specialist Certification
Committee, but for each non-CEnvP Specialist, an additional CEnvP panel member is to be
appointed, to a maximum of two CEnvP supernumeraries to ensure sufficient knowledge of
the CEnvP certification scheme on the panel.
Assessment Panels review a candidate’s application and carry out a face-to-face interview where
possible, but otherwise by Skype or phone conferencing, assessing the applicant’s professional
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Establishment of Contaminated Land Assessment Specialist Certification
February 2014
and ethical competency, reporting its results and certification recommendation to the Registrar
and ultimately the CEnvP Board.
17