Environmental Protection Act 1994

The Governor in Council may, by regulation, devolve to a local government the administration and enforcement of—

the whole or part of an environmental protection policy; or

the issue of environmental authorities; or

another matter under this Act (other than chapter 2 or chapter 7, part 8).

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.

On the commencement of the regulation—

the local government becomes the administering authority for the devolved matter; and

the local government’s chief executive officer becomes the administering executive for the devolved matter; and

the administration and enforcement of the devolved matter is a function of local government to be performed by the local government for its area.

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.

To remove any doubt, the local government may—

make a resolution or local law (not inconsistent with this Act) about the fees payable to it for the devolved matter; and

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.

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.

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.

If the chief executive is satisfied the local government has failed to do anything in the administration or enforcement of the devolved matter—

the chief executive may do the thing; and

the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.