Functions of Regulator
11 Functions of Regulator
The Regulator has the following functions—
to prepare strategies, policies and procedures relating to enforcement powers under the natural resources management legislation,
to advise and report to the Minister or any relevant Minister on any matter relating to the administration of the natural resources management legislation,
to provide the Minister or any relevant Minister with such other advice or reports as the Minister or relevant Minister may, by instrument in writing, request,
to commence and conduct proceedings for offences under, and contraventions of, the natural resources management legislation,
to publish details of convictions in prosecutions for offences under the natural resources management legislation,
such functions under the natural resources management legislation as are specified in Schedule 2,
any other functions conferred or imposed on the Regulator (including by way of delegation) by or under the natural resources management legislation or any other Act.
A function specified in Schedule 2 (a specified function) that is conferred on the Regulator by subsection (1) (e) may, despite that conferral, also be exercised by the person (the relevant person) on whom the function is conferred under the natural resources management legislation referred to in that Schedule.
The regulations may amend Schedule 2 by—
adding a function under the natural resources management legislation, or
amending or removing a specified function,
but only with the concurrence of the relevant Minister administering the natural resources management legislation (other than this Act) under which the function is conferred.
The regulations may make provision for dealing with matters that are incidental to or consequential on the conferral of a specified function on the Regulator.
In particular, the regulations may—
require a reference in the natural resources management legislation to the relevant person or any other person to be construed as (or as including) a reference to the Regulator, and
deal with matters arising in connection with the exercise of a specified function by both the Regulator and the relevant person.
If a person has a right to appeal against, or to apply for a review of, a decision of the relevant person in exercising a specified function, the right extends to any decision of the Regulator in exercising that function.
This provision refers to the regulations (The regulations may make
, the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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