New South Wales Consolidated Regulations

PROTECTION FROM HARMFUL RADIATION REGULATION 2013 - REG 47

47 Exercise of certain functions by Secretary of Regional NSW

(1) For the purposes of section 5A (2) of the Act, the following functions of the Authority and of the CEO of the Authority are prescribed--

(a) the functions specified in sections 187 (1), 189 (1), 191 (1), 210 and 212A of the Protection of the Environment Operations Act 1997 (as extended to the exercise of powers in connection with the Radiation Control Act 1990 and this Regulation by section 15 of the Radiation Control Act 1990 ),

(b) the functions specified in sections 18, 19, 21, 24A, 25 (2) and (4), 26 (2), 27, 28, 36 and 38A of the Act,

(c) the functions specified in clauses 28, 31 (1), 38, 43, 44 and 50 of this Regulation.

(2) The power to exercise functions in accordance with this clause is limited to the exercise of such functions in respect of radioactive ore that is located--

(a) at any workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies, or

(c) at any place where activities that are regulated under the Petroleum (Offshore) Act 1982 are carried out, or

(d) at any place where activities that are regulated under the Petroleum (Onshore) Act 1991 are carried out.

(3) A person appointed as an authorised officer by the Secretary of Regional NSW (when exercising functions in accordance with this clause) may only exercise the functions of an authorised officer in respect of radioactive ore that is located--

(a) at any workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies, or

(c) at any place where activities that are regulated under the Petroleum (Offshore) Act 1982 are carried out, or

(d) at any place where activities that are regulated under the Petroleum (Onshore) Act 1991 are carried out.

(4) A person appointed as an authorised officer by the Secretary of Regional NSW (when exercising functions in accordance with this clause) may not exercise the functions of an authorised officer in respect of any offence except--

(a) an offence under section 18, 19 or 36B of the Act, or

(b) an offence under clause 26, 27, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44 or 50 of this Regulation.

(5) The power to exercise the functions specified in sections 24A and 25 of the Act is limited to the exercise of those functions in respect of--

(a) an offence under section 18, 19 or 36B of the Act, or

(b) an offence under clause 26, 27, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44 or 50 of this Regulation.