AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 18A

Independence of Director

(1)  The Director is authorised and required to act independently in relation to the performance and exercise of the functions and powers of the Director and, subject to this Act and any other Act, has complete discretion in the performance and exercise of those functions and powers.
(2)  In particular, the Director is not subject to direction from anyone in relation to a decision of the Director –
(a) to grant, renew or vary, or not to grant, renew or vary, an environmental licence, or to transfer, or refuse to transfer, an environmental licence; or
(b) to suspend or cancel, or not to suspend or cancel, an environmental licence; or
(c) to impose, or not to impose, a condition or requirement on an environmental licence; or
(d) to issue, amend or revoke, or not to issue, amend or revoke, an environment protection notice, an investigation notice, a remediation notice, a site management notice or a technical standard; or
(e) to investigate or prosecute, or not to investigate or prosecute, a person; or
(f) to issue, or not to issue, a report or recommendation; or
(g) as to the contents of any report or recommendation issued by the Director; or
(h) to issue, or not to issue, a requirement, authorization or direction, or to enter into, or not to enter into, an agreement.



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