Protection of the Environment Operations Act 1997 No 156
Current version for 1 November 2014 to date (accessed 18 December 2014 at 16:40)
Chapter 7

Chapter 7 Investigation

Part 7.1 Preliminary

184   Purposes for which powers under Chapter may be exercised

Powers may be exercised under this Chapter for the following purposes:
(a)  for determining whether there has been compliance with or a contravention of this Act or the regulations or any environment protection licence, notice or requirement issued or made under this Act,
(b)  for obtaining information or records for purposes connected with the administration of this Act,
(c)  generally for administering this Act and protecting the environment.

185   Effect on other functions

(1)  Nothing in this Chapter affects any function under any other Chapter of this Act or under any other Act.
(2)  Nothing in this Chapter limits conditions that can be attached to an environment protection licence.

186   Extension of Chapter to other environment protection legislation

This Chapter extends to the exercise of powers in connection with the following legislation:
(a)  Waste Avoidance and Resource Recovery Act 2001 and the regulations under that Act,
(b)  Ozone Protection Act 1989 and the regulations under that Act,
(b1)  Pesticides Act 1999 and the regulations under that Act,
(b2)  Radiation Control Act 1990 and the regulations under that Act,
(b3)  Snowy Mountains Cloud Seeding Act 2004 and the regulations under that Act,
(c)  any repealed provision of any Act or regulation amended or repealed by this Act, in respect to offences committed against the Act or regulation before its repeal or in respect of any other matter that continues to have any force or effect (except as provided by or by regulations under Schedule 5),
(d)  any provision of the Pesticides Act 1978 in respect of offences committed under that Act (before its repeal by the Pesticides Act 1999) or in respect of any other matter that continues to have any force or effect (except as provided by regulations under Schedule 5 or under Schedule 2 to the Pesticides Act 1999).

Accordingly, a reference in this Chapter to this Act or the regulations includes a reference to each of those Acts or regulations.

Part 7.2 Authorised officers and enforcement officers

187   Appointment of authorised officers

(1)  The EPA may appoint any person (including a class of persons) as an authorised officer for the purposes of this Act.
(2)  Any other regulatory authority may appoint any officer or employee of the authority (including a class of such officers or employees) as an authorised officer for the purposes of this Act.
(2A)  In addition, a regulatory authority that is a local council may appoint any officer or employee of another local council (including a class of such officers or employees) as an authorised officer for the purposes of this Act in respect of the appointing local council’s area.
(3)  In this section:

employee of an authority includes a person whose services are used by the authority and who is, in respect of those services, subject to the direction and control of the authority.

188   Scope of authority

(1)  An authorisation of a person as an authorised officer can be given generally, or subject to conditions, limitations or restrictions or only for limited purposes.
(2)  If such authorisation is given subject to conditions, limitations or restrictions or only for limited purposes, nothing in this Act authorises or requires the authorised officer to act in contravention of the conditions, limitations or restrictions or for other purposes.
(3)  The authorisation of an authorised officer appointed by a regulatory authority other than the EPA is limited to matters concerning the functions of the regulatory authority under this Act.
(4)  Despite subsection (3) and any other provision of this Chapter, an authorised officer of a regulatory authority may exercise powers under this Chapter (other than under Part 7.6) for the purpose of determining whether a matter concerns the functions of the regulatory authority.

189   Identification

(1)  Every authorised officer or enforcement officer, who is not a police officer, is to be provided with an identification card as an authorised officer or enforcement officer by the regulatory or other authority that appointed the officer.
(2)  In the course of exercising the functions of an authorised officer or enforcement officer under this Act, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s identification card, issued in accordance with this section, or, in the case of a police officer, the officer’s police identification.
(3)  It is sufficient compliance with subsection (2) if an enforcement officer, acting in the capacity of an enforcement officer, who is also an authorised officer produces his or her identification card as an authorised officer.

189A   Powers of enforcement officers

An enforcement officer has, in respect of any of the officer’s responsibilities or functions as an enforcement officer under this Act or the regulations, the functions of an authorised officer under this Chapter (other than section 204 (2) and Part 7.6) and this Chapter applies accordingly.

Part 7.3 Powers to require information or records

190   Application of Part

This Part applies whether or not a power of entry under Part 7.4 is being or has been exercised.

191   Requirement to provide information and records (EPA)

(1)  The EPA may, by notice in writing given to a person, require the person to furnish to it such information or records (or both) as it requires by the notice in connection with any matter relating to its responsibilities or functions under this Act.
(2)  This section is not limited to matters in respect of which the EPA is the appropriate regulatory authority.

192   Requirement to provide information and records (other regulatory authorities)

(1)  A regulatory authority (other than the EPA) may, by notice in writing given to a person, require the person to furnish to it such information or records (or both) as it requires by the notice in connection with any matter relating to its responsibilities or functions under this Act.
(2)  This section is limited to matters in respect of which the authority is the appropriate regulatory authority.

193   Requirement to provide information and records (authorised officers)

(1)  An authorised officer may, by notice in writing given to a person, require the person to furnish to the officer such information or records (or both) as the officer requires by the notice in connection with any matter within the responsibilities and functions of the regulatory authority that appointed the officer.
(2)  In the case of authorised officers appointed by the EPA, this section is not limited to matters in respect of which the EPA is the appropriate regulatory authority.

194   Manner, time etc for compliance

A notice under this Part must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.

195   Provisions relating to records

(1)  A notice under this Part may only require a person to furnish existing records that are in the person’s possession or that are within the person’s power to obtain lawfully.
(2)  The body or person to whom any record is furnished under this Part may take copies of it.
(3)  If any record required to be furnished under this Part is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.

Part 7.4 Powers of entry and search of premises

196   Powers of authorised officers to enter premises

(1)  An authorised officer may enter:
(a)  any premises at which the authorised officer reasonably suspects that any industrial, agricultural or commercial activities are being carried out—at any time during which those activities are being carried out there, and
(b)  any premises at or from which the authorised officer reasonably suspects pollution has been, is being or is likely to be caused—at any time, and
(c)  any other premises—at any reasonable time.
(2)  A power to enter premises conferred by this Act authorises entry by foot or by means of a motor vehicle or other vehicle, or by an aircraft, or in any other manner.
(3)  Entry may be effected under this Act by an authorised officer with the aid of such authorised officers or police officers as the authorised officer considers necessary and with the use of reasonable force.
(4)  Entry may be effected to any premises with the authority of a search warrant under section 199.

197   Entry into residential premises only with permission or warrant

This Part does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 199.

198   Powers of authorised officers to do things at premises

(1)  An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Chapter, including (but not limited to) the things specified in subsection (2).
(2)  An authorised officer may do any or all of the following:
(a)  examine and inspect any works, plant, vehicle, aircraft or other article,
(b)  take and remove samples,
(c)  make such examinations, inquiries and tests as the authorised officer considers necessary,
(d)  take such photographs, films, audio, video and other recordings as the authorised officer considers necessary,
(e)  require records to be produced for inspection,
(f)  examine and inspect any records,
(g)  copy any records,
(h)  seize anything that the authorised officer has reasonable grounds for believing is connected with an offence against this Act or the regulations,
(h1)  for the purposes of paragraph (h), direct the occupier of the premises where the thing is seized to retain it at those premises or at another place under the control of the occupier,
(i)  do any other thing the authorised officer is empowered to do under this Chapter.
(3)  The power to seize anything connected with an offence includes a power to seize:
(a)  a thing with respect to which the offence has been committed, and
(b)  a thing that will afford evidence of the commission of the offence, and
(c)  a thing that was used for the purpose of committing the offence.

A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.

198A   Power to disable intruder alarms

(1)  An authorised officer may turn off or otherwise disable a building intruder alarm or a motor vehicle intruder alarm that is or has been sounding in breach of this Act or the regulations.
(2)  In this section:

motor vehicle intruder alarm means a device that:

(a)  incorporates or connects to a sounding device, and
(b)  on being triggered, causes the sounding device to emit sound,
being a device that is attached to or forms part of the motor vehicle for use as an intruder alarm, whether or not the device is also designed to be used for any other purpose.

199   Search warrants

(1) Application for search warrant
An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that:
(a)  a provision of this Act or the regulations is being or has been contravened at any premises, or
(b)  there is in or on any premises matter or a thing that is connected with an offence under this Act or the regulations.
(2) Issue of search warrant
An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Act named in the warrant:
(a)  to enter the premises, and
(b)  to exercise any function of an authorised officer under this Part.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4) Definition
In this section:

matter or a thing connected with an offence means:

(a)  matter or a thing with respect to which the offence has been committed, or
(b)  matter or a thing that will afford evidence of the commission of an offence, or
(c)  matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.

offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.

Note. premises is defined in the Dictionary.

199A   Authorised officers may request assistance

A person may accompany an authorised officer and take all reasonable steps to assist an authorised officer in the exercise of the authorised officer’s functions under this Part if the authorised officer is of the opinion that the person is capable of providing assistance to the authorised officer in the exercise of those functions.

200   Assistance to be given to authorised officers

(1)  This section applies for the purpose of enabling an authorised officer to exercise any of the powers of an authorised officer under this Part in connection with any premises.
(2)  The EPA or other regulatory authority that appointed the authorised officer may, by notice in writing given to the owner or occupier of the premises, require the owner or occupier to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner.
(3)  Assistance and facilities can be required under this section, whether they are of the same kind as, or a different kind from, any prescribed by the regulations.

201   Care to be taken

In the exercise of a power of entering or searching premises under this Part, the authorised officer must do as little damage as possible.

202   Compensation

The EPA or other regulatory authority that appoints an authorised officer must compensate all interested parties for any damage caused by the authorised officer in exercising a power of entering premises (but not any damage caused by the exercise of any other power), unless the occupier obstructed or hindered the authorised officer in the exercise of the power of entry.

Part 7.5 Powers to question and to identify persons

203   Power of authorised officers to require answers

(1)  An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of this Act to answer questions in relation to those matters.
(2)  The EPA or any other regulatory authority may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.
(3)  Answers given by a person nominated under subsection (2) bind the corporation.
(4)  In the case of authorised officers appointed by the EPA, subsection (1) is not limited to matters in respect of which the EPA is the appropriate regulatory authority.
(5)  An authorised officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.
(6)  The place and time at which a person may be required to attend under subsection (5) is to be:
(a)  a place or time nominated by the person, or
(b)  if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the authorised officer that is reasonable in the circumstances.

203A   Recording of evidence

(1)  An authorised officer may cause any questions and answers to questions given under this Part to be recorded if the officer has informed the person who is to be questioned that the record is to be made.
(2)  A record may be made using sound recording apparatus or audio visual apparatus, or any other method determined by the authorised officer.
(3)  A copy of any such record must be provided by the authorised officer to the person who is questioned as soon as practicable after it is made.
(4)  A record may be made under this section despite the provisions of any other law.

204   Power of authorised officers to demand name and address

(1) Name and address to be given if offence suspected
An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have offended or to be offending against this Act or the regulations to state his or her full name and residential address.
(2) Name and address to be given in connection with noise
If an authorised officer forms the opinion on reasonable grounds that a noise control notice or a noise abatement direction may be issued under Part 8.6 against a person, the authorised officer may require the person to state the person’s full name and residential address.
(2A) Proof of name and address
An authorised officer may request a person who is required under this section to state his or her full name and residential address to provide proof of the name and address. It is not an offence under section 211 to fail to comply with any such request.
(3) Power of arrest
A person who, being required to do so under this section:
(a)  refuses to state his or her name or residential address, or
(b)  states a name or residential address that in the opinion of the authorised officer is false,
may without any other warrant than this Act be apprehended by the authorised officer and taken before a Magistrate or court officer to be dealt with according to law.
(4) Bail
A Magistrate or court officer before whom a person is taken under subsection (3) may make a bail decision under the Bail Act 2013 in respect of the person.
(4A)  If the person has not been charged with an offence, the Bail Act 2013 applies as if the person were accused of an offence.
(4B)  For the purpose of applying the Bail Act 2013, a court officer has the same functions as an authorised justice under that Act.
(5) Maximum penalty
The maximum penalty for an offence under section 211 in connection with a requirement under this section is 100 penalty units despite anything to the contrary in that section.
(6)  In this section:

court officer means an authorised officer under the Criminal Procedure Act 1986.

Part 7.6 Powers with respect to vehicles, vessels and other articles

205   Definitions

In this Part:

article includes any plant, motor or other vehicle, aircraft, vessel or other thing of any description.

authorised officer:

(a)  means, except in sections 206 and 208, only an authorised officer appointed by the EPA, and
(b)  extends, in sections 206 and 208, to a police officer, and
(c)  extends, in sections 206 and 208, in relation to vessels only, to an officer or employee of the marine authority authorised by the authority for the purposes of those sections, and
(d)  extends, in sections 206 and 208, in relation to vessels situated within marine parks, to a marine park ranger appointed under section 35A of the Marine Parks Act 1997 authorised by the Marine Parks Authority for the purposes of those sections.

205A   Application of Part

Nothing in this Part limits the functions that may be exercised under any other Part of this Chapter.

206   Power to inspect and test

(1)  An authorised officer may, for the purposes of this Chapter, inspect and test any article.
(2)  The authorised officer may, for the purposes of any such inspection or testing:
(a)  enter the article, and
(b)  enter in accordance with this Act the premises where the article is located, and
(c)  operate the article, and
(d)  take photographs or video films of the article, and
(e)  inspect or test any substance being carried by the article or in any container on the article (including in a fuel tank), and
(f)  take a sample of any such substance for testing.

207   Power to require articles to be tested or inspected

(1)  An authorised officer may, by notice in writing, require the owner or person in possession of an article specified in the notice to have the article tested or inspected, within the time so specified, for the purpose of determining whether the article complies with the requirements of this Act or the regulations.
(2)  Any such notice may require the article:
(a)  to be tested or inspected at a specified place (being a place within 80 kilometres of the owner’s or person’s residence or place of business), or
(b)  to be tested or inspected by or in the presence of an authorised officer, or
(c)  to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
(3)  Any such notice may be revoked or varied by a further notice given by an authorised officer.
(4)  The regulations may make provision for or with respect to the approval by the EPA of:
(a)  the places at which articles are to be tested or inspected for the purposes of this section, and
(b)  the persons who may carry out any such testing or inspection.
(5)  Without limiting subsection (4), the regulations may make provision for or with respect to the following:
(a)  the issue, transfer, conditions, variation, surrender, review, suspension or revocation of an approval (including applications for the issue, transfer, variation or surrender of approvals) for the purposes of this section,
(b)  the maximum fee that may be charged with respect to the testing or inspection of an article under subsection (2) (c).

208   Stopping of vehicles and vessels for inspection or testing

(1)  The driver or person in charge of a vehicle or vessel that is being used in any place must, for the purpose of enabling an authorised officer to inspect or test it under this Part, comply with any reasonable direction by an authorised officer:
(a)  to stop the vehicle or vessel (being a direction given by displaying a sign or by any other reasonable method), or
(b)  relating to facilitating the inspection or testing of the vehicle or vessel by an authorised officer, or
(c)  to move the vehicle or vessel to a suitable place for inspection or testing.
(2)  If a vehicle or vessel has been stopped in compliance with such a direction (other than a direction to move the vehicle or vessel to a suitable place for inspection or testing at a later time), inspection and testing of it under this section must be carried out:
(a)  at or as near as practicable to the place where the direction to stop the vehicle or vessel is given, and
(b)  as soon as practicable, and in any case within one hour, after the vehicle or vessel is stopped in accordance with the direction.
(2A)  If a direction is given to move a vehicle or vessel to a suitable place for inspection or testing and the inspection or testing is not to take place at the time, the direction must be given by notice in writing specifying the time, date and place for the inspection or testing.
(3)  The maximum penalty for an offence under section 211 in connection with a requirement under this section is 30 penalty units despite anything to the contrary in that section.
(4)  In this section, vehicle includes aircraft.

209   Power to seize articles (other than vehicles or vessels) to test for noise

(1)  An authorised officer may take possession of an article (other than a vehicle or vessel) and take it to a place approved by the EPA for the purpose of measuring its noise level or its noise emission characteristics.
(2)  An authorised officer who takes possession of an article under this section must provide the person from whom it is taken with a receipt that:
(a)  specifies the make, model and serial number of the article, or any other information that will identify the article, and
(b)  specifies the time and date of issue of the receipt, and
(c)  specifies a date (being a date not more than 21 days after the date of issue) on or before which the article will be returned, and
(d)  is signed by the authorised officer issuing it.
(3)  The authorised officer must return the article to its owner, or to the person from whose possession it was taken, on or before the date specified in the receipt for its return.

210   Power to require information about articles

The EPA may, by notice under Part 7.3, require:
(a)  the owner of an article, or
(b)  the person by whom articles of a specified class or description were manufactured, assembled, imported, sold or supplied for sale,
to furnish it with information relating to any such article.

Part 7.6A Seizure of motor vehicles or vessels used to commit repeat waste offences

210A   Definitions

(1)  In this Part:

repeat waste offence means an offence against section 144AB, and includes any such offence that there are reasonable grounds for believing has been committed.

(2)  A power conferred by this Part to seize a motor vehicle or vessel includes a power to remove the motor vehicle or vessel from the place where it is found and to secure the motor vehicle or vessel from interference.

210B   Seizure of motor vehicles or vessels used to commit repeat waste offences

(1)  The EPA may seize a motor vehicle or vessel that the EPA has reason to believe has been used for the purpose of committing a repeat waste offence.
(2)  The State, the EPA or any other person is not liable for a seizure under this Part for which there was reasonable cause.

210C   Forfeiture of motor vehicles or vessels by order of court

(1)  The Land and Environment Court may order the forfeiture of a motor vehicle or vessel that has been seized under this Part in connection with a repeat waste offence if the Court convicts a person of the offence.
(2)  The Land and Environment Court is not to order the forfeiture of the motor vehicle or vessel if it is satisfied that the motor vehicle or vessel was used without the authority of its owner or that its owner did not have reasonable cause to suspect that the motor vehicle or vessel would be used to commit the offence.
(3)  To avoid doubt, a forfeiture order is not a monetary penalty for the purposes of the provision of this Act that provides for the maximum monetary penalty that may be imposed by a court in proceedings for a repeat waste offence.

210D   Return of seized motor vehicle or vessel

(1)  If any motor vehicle or vessel has been seized under this Part in connection with a repeat waste offence and:
(a)  proceedings for the offence are not commenced in the Land and Environment Court within 28 days after the seizure, or
(b)  any such proceedings are commenced but are dismissed without a conviction for the offence, or
(c)  the Land and Environment Court convicts a person of the offence but does not order the forfeiture of the motor vehicle or vessel,
the EPA must return the motor vehicle or vessel to its owner.
(2)  If a person disputes the seizure of a motor vehicle or vessel under this Part, the EPA may allow the motor vehicle or vessel to be delivered to the person disputing the seizure, subject to the person giving security to pay its value to the EPA should it be forfeited.
(3)  The EPA may, at any time, return a motor vehicle or vessel seized under this Part to its owner on such conditions (if any) as the EPA thinks fit. This subsection has effect whether forfeiture has taken place or not.
(4)  A motor vehicle or vessel that is seized is returned to its owner for the purposes of this Part if it is returned to the person who owns it or to a person from whose possession it was seized.
(5)  If the owner of the motor vehicle or vessel or any such person has died, the motor vehicle or vessel may be returned to the legal personal representative of the owner or person.

210E   Forfeited motor vehicles or vessels become the property of the State

(1)  A motor vehicle or vessel ordered by the Land and Environment Court to be forfeited under this Part (or the proceeds of sale of any such motor vehicle or vessel) becomes the property of the State.
(2)  Any such motor vehicle or vessel may (subject to the regulations) be sold or disposed of in such manner as the EPA thinks fit.

Part 7.7 General

211   Offences

(1)  A person who, without lawful excuse, neglects or fails to comply with a requirement made of the person under this Chapter is guilty of an offence.
(2)  A person who furnishes any information or does any other thing in purported compliance with a requirement made under this Chapter, knowing that it is false or misleading in a material respect is guilty of an offence.
(3)  A person who wilfully delays or obstructs an authorised officer in the exercise of the authorised officer’s powers under this Chapter is guilty of an offence.
(4)  A person who impersonates an authorised officer is guilty of an offence.

Maximum penalty (subject to sections 204 and 208):

(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

212   Provisions relating to requirements to furnish records, information or answer questions

(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with a requirement under this Chapter to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from a requirement under this Chapter to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural person in compliance with a requirement under this Chapter is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Chapter) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with a requirement under this Chapter is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
(5) Further information
Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Chapter is not inadmissible on the ground:
(a)  that the record or information had to be furnished or the answer had to be given, or
(b)  that the record or information furnished or answer given might incriminate the person.
(6) Requirement to state name and address
This section extends to a requirement under this Chapter to state a person’s name and address.

212A   Revocation or variation

(1)  A notice given under this Chapter may be revoked or varied by a subsequent notice or notices.
(2)  A notice may be varied by modification of, or addition to, its terms and specifications.
(3)  Without limiting the above, a notice may be varied by extending the time for complying with the notice.
(4)  A notice may only be revoked or varied by:
(a)  the authority that gave the notice, or
(b)  the authorised officer who gave the notice, or
(c)  another authorised officer who is a member of staff of the authority that appointed the officer who gave the notice.

212B   Extraterritorial application

A notice may be given under this Chapter to a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter affects the environment of this State.

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.

212D   Appropriate regulatory authority may continue to exercise functions

(1)  If a regulatory authority (including an authorised officer) is required to cease to exercise functions, or ceases to exercise functions, under section 212C (3) or (4), the appropriate regulatory authority or an authorised officer of that authority may continue to exercise any functions commenced by the other regulatory authority or an authorised officer, as if the functions had been exercised by the appropriate regulatory authority or an authorised officer of that authority.
(2)  For the purposes of this Act and the regulations and any proceedings, any function previously exercised by the other regulatory authority (including an authorised officer) relating to the activity or work concerned is taken to have been exercised by the appropriate regulatory authority (or an authorised officer of that authority) and this Act applies accordingly.
(3)  Without limiting subsection (2), any notice or direction given by the other authority or an authorised officer of the authority may be enforced, or varied or revoked, as if it had been given by the appropriate regulatory authority or an authorised officer of that authority.
(4)  A notice issued by the other authority or an authorised officer of the authority is taken to be varied, to the extent of any inconsistency, if a subsequent inconsistent notice is issued by or on behalf of the appropriate regulatory authority or an authorised officer of that authority.
(5)  Nothing in this section affects the right of the other regulatory authority to recover a fee, charge or cost under this Act in relation to a notice given while exercising functions as referred to in section 212C (1) or (3).

212E   Extraterritorial exercise of functions

(1)  The Minister may enter into an arrangement with a Minister of another State or Territory providing for the exercise, in another State or Territory, by authorised officers or by officers of that State or Territory of functions under this Act or the regulations.
(2)  An authorised officer or an officer of another State or Territory may, in accordance with any such arrangement, exercise functions under this Act, but only to the extent that the matters concerned relate to the environment of this State.
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