3.3.1. During the on-site audit, the certification body shall verify that the organisation complies
with applicable legal requirements, by considering examples of significant environmental
aspects as well as regional, national and local legal requirements.
3.3.2. The certification body shall audit whether:
1) the organisation has determined how legal requirements apply to the environmental
aspects; and,
2) those legal requirements have been taken into account in the establishment,
implementation and maintenance of the EMS and subsequent control measures.
3.3.3. The audit should be undertaken by examining activities controlled by environmental permits
and other applicable legislation through a risk-based assessment using sampling to confirm
that environmental compliance is realized.
3.3.4. The certification body audit shall establish that the EMS is capable of achieving legal
compliance. This may be achieved by audit trails from a direct on-site assessment covering
the operational activities and surroundings using either an audit of examples of significant
environmental aspects and the audit trail through the EMS to the specific legal
requirements or, the reverse, the sampling of the legal requirements and the audit trail
through the EMS to the significant environmental aspects.