New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 6

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

(c1) activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015 ) whether at premises occupied by the authorised network operator 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).