New South Wales Consolidated Acts

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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 226

Enforcement officers

226 Enforcement officers

(1) In this Division, a reference to an
"enforcement officer" , in relation to an offence, is a reference to a person belonging to a class of officers or employees prescribed by the regulations in relation to the offence.
(2) A person who is an officer or employee of a public authority cannot be an enforcement officer in relation to an offence alleged to have been committed by the authority.
(3) Only an officer or employee of the EPA can be an enforcement officer in relation to--
(a) an offence (other than a littering offence) alleged to have been committed in relation to activities or work authorised or controlled by an environment protection licence, or
(b) an offence (other than a littering offence) alleged to have been committed in relation to activities carried on by the State or a public authority, or
(c) an offence (other than a littering offence) alleged to have been committed in relation to activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015 ).
(4) In this section,
"littering offence" means an offence arising under Part 5.6A.



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