s 117Q

Parallel powers and functions

In force

(1) The Environment Minister may exercise the powers and perform the functions conferred under the following provisions if the Environment Minister considers that to do so is appropriate for promoting one or more of the objects and outcomes set out in section 3(1)(b) and (c) and (2)(f):

(a)

section 71;

(b)

section 77

(c)

section 117AA;

(d)

section 117ABE;

(e)

section 117ABG;

(f)

section 117AP;

(g)

section 117AZV;

(h)

section 117C;

(i)

section 117G;

(j)

section 117J;

(k)

section 117L;

(l)

section 117R;

(m) any other provision or regulation specified in an Administrative Arrangements Order.

(2) The Environment CEO may exercise the powers and perform the functions conferred under the following provisions if the Environment CEO considers that to do so is appropriate for promoting one or more of the objects and outcomes set out in section 3(1)(b) and (c) and (2)(f):

(a)

section 72;

(b)

section 87;

(c)

section 88;

(d)

section 89B(4);

(e)

section 89D;

(f)

section 89L(4);

(g)

section 89N;

(h)

section 89R;

(i)

section 89W;

(j)

section 89ZA;

(k)

section 116(2);

(l)

section 117AAE;

(m)

section 117AA;

(n)

section 117ABE;

(o)

section 117ABG;

(p)

section 117ABM;

(q)

section 117ABN;

(r)

section 117ABP;

(s)

section 117ABQ;

(t)

section 117ABR;

(u)

section 117ABS

(v)

section 117ABT;

(w)

section 117ABV;

(x)

section 117ABW;

(y)

section 117ABX;

(z)

section 117ABZA;

(za)

section 117AZC;

(zb)

section 117G;

(zc)

section 117L;

(zd)

section 117M;

(ze)

section 117P;

(zf)

section 117S;

(zg)

any other provision or regulation specified by regulation.

(3) Nothing in subsection (1) or (2) limits the power or functions of the Minister responsible for the administration of this Act or the CEO from acting under a provision referred to in either of those subsections and the fact that the Minister or the CEO has acted does not prevent the Environment Minister or the Environment CEO from also acting.

(4) A person with powers or functions under provisions specified in subsection (1) or (2) must take reasonable steps to consult with the other person with the same powers or functions before exercising the power or performing the function if it appears that:

(a) both persons intend to exercise a power or perform a function under the same provision in relation to the same matter; or

(b) one person intends to exercise a power or perform a function under the same provision in relation to the same matter for which the other person has already exercised the power or performed the function.

(5) In the event of a conflict between an exercise of power by the Minister and the Environment Minister, the CEO and the Environment CEO, or an inspector and an environment inspector, the exercise of the power by the Environment Minister, the Environment CEO or an environment inspector prevails to the extent of the conflict.

(6) For the purposes of subsection (5), a conflict only exists if a person cannot comply with the power exercised or the function performed by both persons.

(7)

In this section:

environment inspector means an inspector appointed by the Environment CEO under section 87.

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