Authorised officers
242 Authorised officers
S. 242 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
S. 242(1) substituted by No. 36/2022 s. 52(1).
The Authority may appoint as an authorised officer, for the purposes specified in the instrument of appointment—
a person who is an officer or employee, or each member of a class of officer or employee, of—
the Authority; or
a public sector body; or
a council; or
the Environment Protection Authority established under the Protection of the Environment Administration Act 1991 of New South Wales; or
the Environment Protection Authority established under the Environment Protection Act 1993 of South Australia; or
a specified person or each member of a specified class of persons.
A public sector body or council to which the Authority has delegated a power or function under section 437(1) may by instrument appoint an employee or class of employee as an authorised officer for the purposes of the power or function delegated to the body or council.
S. 242(2A) inserted by No. 36/2022 s. 52(2).
In addition to subsection (2), a council to which the Authority has delegated a power or function under section 437(1) may by instrument appoint a specified person or each member of a specified class of persons as an authorised officer for the purposes of the power or function delegated to the council.
S. 242(2B) inserted by No. 36/2022 s. 52(2).
If so requested by the Authority, a public sector body or council who has appointed an authorised officer under subsection (2) or (2A), must prepare and give to the Authority a written report that contains—
details of the exercise of the powers or functions by the authorised person; and
any other information or matter required by the Authority.
S. 242(3) amended by No. 36/2022 s. 52(3).
An appointment under subsection (1), (2) or (2A)—
is subject to any conditions or limitations specified in the appointment; and
is subject to any prescribed conditions or limitations; and
may at any time be varied, suspended or revoked by the person or body who made the appointment.
This provision refers to the regulations (prescribed conditions
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.