PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 212C
Actions by incorrect regulatory authority
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 212C
Actions by incorrect regulatory authority
212C Actions by incorrect regulatory authority
(1) This section applies if a regulatory authority or an authorised officer of
the authority exercises functions under this Act or the regulations relating
to an activity or work that--
(a) is not authorised or controlled by an
environment protection licence, and
(b) in relation to which the authority is
not the appropriate regulatory authority.
(2) A regulatory authority must, as
soon as practicable after becoming aware of any such exercise of functions,
notify the appropriate regulatory authority in writing of the functions so
exercised and of any such functions that it proposes to continue to exercise
or to cease to exercise in relation to the matter.
(3) A regulatory authority
or an authorised officer of the authority may (but is not required to), if
notice is given in accordance with subsection (2), continue to exercise
functions under this Act or the regulations relating to the activity or work
until--
(a) directed to do otherwise by the appropriate regulatory authority,
or
(b) an environment protection licence is granted in respect of the
activity or work concerned.
(4) The appropriate regulatory authority may, by
notice in writing, direct a regulatory authority (including its
authorised officers) not to exercise functions under this Act or the
regulations in relation to an activity or work if it becomes aware that the
other authority or an authorised officer of that authority is exercising, or
has exercised, functions of the appropriate regulatory authority in relation
to that activity or work.
(5) A direction given by the appropriate regulatory
authority or the grant of a licence does not affect any proceedings already
commenced by the other regulatory authority or an officer of that authority in
respect of the activity or work and, for that purpose, this section and
section 212D apply as if the direction had not been given or the licence had
not been granted.
(6) For the purposes of this Act and the regulations and
any proceedings, a regulatory authority or an authorised officer of that
authority who exercises a function as referred to in subsection (1), or who
continues to exercise a function in accordance with subsection (3), is taken
to be the appropriate regulatory authority or an authorised officer of the
appropriate regulatory authority in relation to the activity or work concerned
and this Act applies accordingly.