PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 6
Appropriate regulatory authority
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 6
Appropriate regulatory authority
6 Appropriate regulatory authority
(1) EPA The EPA is the appropriate regulatory authority for the purposes of
this Act, except as provided by this section.
(2) Local councils and other
local authorities A local authority is the appropriate regulatory authority
for non-scheduled activities in its area, except in relation to--
(a) the
exercise of functions under Chapter 3 (Environment protection licences), or
(b) premises defined in an environment protection licence as the premises to
which the licence applies, and all activities carried on at those premises, or
(c) activities carried on by the State or a public authority, whether at
premises occupied by the State or a public authority or otherwise, or
(d)
a matter for which a public authority (other than the local authority) is
declared under subsection (3) to be the appropriate regulatory authority.
(3)
Public authorities declared by regulation A public authority is the
appropriate regulatory authority for a matter for which it is declared to be
the appropriate regulatory authority by the regulations (subject to such
conditions or limitations as are specified in the regulations). The
regulations under this subsection--
(a) may declare a local authority to be
the appropriate regulatory authority in respect of non-scheduled activities
excluded under subsection (2), but
(b) may not declare any public authority
to be the appropriate regulatory authority for activities carried on by that
public authority.
(4) Limitation to local area A function conferred or
imposed by or under this Act on a local authority, in its capacity as the
appropriate regulatory authority or otherwise, may be exercised only in or in
relation to the local authority's area.
Note : The regulations have
prescribed certain authorities as the appropriate regulatory authorities for
certain non-scheduled activities in certain areas. By virtue of this Act, the
marine authority is given jurisdiction in connection with noise control
notices and noise abatement directions relating to vessels (see sections 263
and 275).
