Contents (1979 - 13)
Coastal Protection Act 1979 No 13
Division 2 Powers of authorised officers
10 General powers of authorised officers: application of Chapter 7 of Protection of the Environment Operations Act 1997
(1) An authorised officer has and may exercise the functions of an authorised officer under Chapter 7 and section 319A of the Protection of the Environment Operations Act 1997 (the POEO Act) for the following purposes:(a) for determining whether there has been compliance with or a contravention of this Act and the regulations,(b) for obtaining information or records for purposes connected with the administration of this Act and the regulations,(c) generally for administering this Act and the regulations.(2) The provisions of Chapter 7 (other than Part 7.2) and section 319A of the POEO Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications:(a) references in those provisions to an authorised officer are to be read as references to an authorised officer appointed by a Coastal Authority under this Act,(b) references in those provisions to “this Act” are to be read as references to this Act,(c) references in those provisions to “the EPA” are to be read as references to a Coastal Authority,(d) a Coastal Authority is taken to be the appropriate regulatory authority for matters concerning this Act,(e) land that is a beach is taken not to be part of premises that are used only for residential purposes.(3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 (other than Part 7.2) of the POEO Act (as applying under this section) is to be taken as if the offence were an offence against this Act.(4) The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of this Act, taken to be functions under this Act.(5) If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act.
11 Offence relating to authorised officers and exercise of functions under Act
(1) A person who, without lawful excuse, neglects or fails to comply with a requirement made of the person under this Act 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 Act, knowing that it is false or misleading in a material respect is guilty of an offence.(3) A person who wilfully delays, threatens, intimidates or obstructs an authorised officer in the exercise of the authorised officer’s powers under this Act is guilty of an offence.(4) A person who interferes with, damages or destroys or does any act which may tend to interfere with, damage or destroy any vehicle, vessel, asset or equipment which is used in relation to the exercise of a function by an authorised officer under this Act is guilty of an offence.(5) A person who impersonates an authorised officer is guilty of an offence.Maximum penalty:(a) in the case of a corporation—500 penalty units and, in the case of a continuing offence, a further penalty of 50 penalty units for each day the offence continues, or(b) in the case of an individual—100 penalty units and, in the case of a continuing offence, a further penalty of 10 penalty units for each day the offence continues.