MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 11 Administration
Part 2 Delegations

[s 515]

                 (b)   make a local law (not inconsistent with this Act) about
                       any matter for which it is necessary or convenient to
                       make provision for carrying out or giving effect to the
                       devolved matter.
           (6)   Despite subsection (5)(a), a local government may make a
                 resolution or local law prescribing a different fee, whether
                 higher or lower, for something for which a fee is prescribed
                 under a regulation.
          (6A) Despite subsection (5)(b), a local government may make a
               local law, for carrying out or giving effect to the devolved
               matter, that is inconsistent with a regulation if the local law
               imposes requirements in relation to environmental nuisance.
           (7)   If the chief executive is satisfied the local government has
                 failed to do anything in the administration or enforcement of
                 the devolved matter—
                 (a)   the chief executive may do the thing; and
                 (b)   the reasonable costs and expenses incurred by the chief
                       executive are a debt payable by the local government to
                       the State.




Part 2                       Delegations

515         Delegation by Minister
                 The Minister may delegate the Minister’s powers under this
                 Act to an appropriately qualified public service officer.

516         Delegation by chief executive
           (1)   The chief executive may delegate the executive’s powers
                 under this Act as the chief executive to—
                 (a)   an appropriately qualified—


Page 438                                             Current as at 20 February 2014