MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994
                                                         Chapter 11 Administration
                                                                Part 1 Devolutions

                                                                           [s 514]


Chapter 11                  Administration

Part 1                      Devolutions

514      Devolution of powers
        (1)   The Governor in Council may, by regulation, devolve to a
              local government the administration and enforcement of—
              (a)    the whole or part of an environmental protection policy;
                     or
              (b)    the issue of environmental authorities; or
              (c)    another matter under this Act (other than chapter 2 or
                     chapter 7, part 8).
        (2)   The administration and enforcement of this Act for a matter
              relating to an area below the high or low water mark forming
              the boundary of a local government’s area may be devolved to
              the local government.
        (3)   On the commencement of the regulation—
              (a)    the local government becomes the administering
                     authority for the devolved matter; and
              (b)    the local government’s chief executive officer becomes
                     the administering executive for the devolved matter; and
              (c)    the administration and enforcement of the devolved
                     matter is a function of local government to be performed
                     by the local government for its area.
        (4)   If the devolved matter relates to a matter mentioned in
              subsection (2), the local government’s area is, for subsection
              (3)(c), taken to include the area to which the matter relates.
        (5)   To remove any doubt, the local government may—
              (a)    make a resolution or local law (not inconsistent with this
                     Act) about the fees payable to it for the devolved matter;
                     and
Current as at 20 February 2014                                          Page 437