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ENVIRONMENT PROTECTION ACT 1993 - SECT 11

ENVIRONMENT PROTECTION ACT 1993 - SECT 11

11—Establishment of Authority

        (1)         The Environment Protection Authority is established.

        (2)         The Authority

            (a)         is a body corporate with perpetual succession and a common seal; and

            (b)         is capable of suing and being sued in its corporate name; and

            (c)         is capable of acquiring, holding or dealing with real or personal property in its corporate name; and

            (d)         has the functions and powers assigned or conferred under this Act.

        (3)         The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown.

        (4)         In the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister except in relation to—

            (a)         the making of a recommendation or report to the Minister; or

            (b)         the performance of its functions under Part 6 or Part 6A; or

            (c)         the enforcement of this Act.

        (5)         Any direction given to the Authority by the Minister must be in writing.