New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (PENALTY NOTICES) REGULATION 1999 - REG 6

6 Enforcement officers: section 226

(1) The officers or employees of the class specified in Column 2 of Schedule 1 are, subject to this clause, prescribed as enforcement officers in relation to the penalty notice offences concerned.

(2) Any such officer or employee of an authority is an enforcement officer only if that authority has duly authorised that officer or employee to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.

(3) An officer or employee of an authority that is a local council is an enforcement officer in respect of another local council only if that other local council has also duly authorised that officer or employee to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.

(3A) An officer or employee is not an enforcement officer in relation to a penalty notice offence alleged to have been committed by the authority that has authorised the officer or employee as an enforcement officer.

(4) In Schedule 1, a number included in Column 2 of Schedule 1 is a reference to an officer or employee of a class identified by that number.

(5) The class of officers or employees in Schedule 1 are as follows:

(a) class 1--an officer or employee of:

(i) a local authority, or

(ii) the National Parks and Wildlife Service in relation to a penalty notice offence alleged to have been committed in Kosciuszko National Park,

(b) class 2--an officer or employee of the EPA,

(c) class 3--an officer or employee of the National Parks and Wildlife Service,

(d) class 4--an officer or employee of a Port Corporation within the meaning of the Ports Corporatisation and Waterways Management Act 1995 ,

(e) class 5--a police officer,

(f) class 6--an officer or employee of the Sydney Water Corporation, of the Hunter Water Corporation or of a Water Supply Authority within the meaning of the Water Management Act 2000 (other than a Water Supply Authority that is also the council of a local government area),

(g) class 7--an officer or employee of the Forestry Commission,

(h) class 8--an officer or employee of the Sydney Harbour Foreshore Authority,

(i) class 9--an officer or employee of the Centennial Park and Moore Park Trust, of the Parramatta Stadium Trust, of the Parramatta Park Trust or of the Royal Botanic Gardens and Domain Trust,

(j) class 10--an officer or employee of an Australian university within the meaning of the Higher Education Act 2001 ,

(k) class 11--an officer or employee of the Sydney Olympic Park Authority,

(l) class 12--an officer or employee who is a marine park ranger within the meaning of the Marine Parks Act 1997 ,

(m) class 13--an officer or employee of NSW Fisheries,

(n) class 14--an officer or employee of the Sydney Catchment Authority,

(o) class 15--an officer or employee of the Waterways Authority.

(6) A reference in subclause (5) to an officer or employee of the following authorities is taken to include a reference to an officer or employee of a body corporate providing services under an arrangement with that authority whereby the officer or employee is acting under the direction and control of the authority:

(a) Sydney Harbour Foreshore Authority,

(d) Sydney Olympic Park Authority.

(7) A person who, immediately before the amendment of this clause by the Environment Protection Legislation Amendment Act 2002 , was duly authorised by an authority as an authorised officer is taken to be so authorised as an enforcement officer.