MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 12 Miscellaneous
Part 3 Suitably qualified persons

[s 565]

                (c)   preparing a draft site management plan or draft
                      amendment of a site management plan under chapter 7,
                      part 8, division 5; or
                (d)   another function prescribed under a regulation.
                suitably qualified person, for performing a regulatory
                function, means a person who—
                (a)   has qualifications and experience relevant to performing
                      the function; and
                (b)   if a regulation prescribes an organisation for this
                      paragraph—is a member of the organisation.

565        Only suitably qualified person can perform regulatory
           functions
                A regulatory function may only be performed by a suitably
                qualified person.
                Note—
                  Under section 549(1)(c), the chief executive may make guidelines to
                  inform persons about the qualifications and experience that may be
                  relevant to suitably qualified person performing a regulatory function.


566        Declaration to accompany document
          (1)   This section applies if a document about a regulatory function
                is prepared by a suitably qualified person and submitted to the
                administering authority.
          (2)   The document must be accompanied by a declaration by the
                person stating all of the following—
                (a)   the person’s qualifications and experience relevant to the
                      function;
                (b)   that the person has not knowingly included false,
                      misleading or incomplete information in the document;
                (c)   that the person has not knowingly failed to reveal any
                      relevant information or document to the administering
                      authority;
Page 462                                                 Current as at 20 February 2014