Construction of this Act
5 Construction of this Act
In this section a reference to the provisions of an Act includes a reference to the provisions of any regulation, local law, by‑law, Order in Council, proclamation, declaration or notice, made, given or promulgated under the provisions of that Act, and in the case of the Environmental Protection Act 1986 includes a reference to the provisions of an environmental protection policy approved under section 31 of that Act.
Where the provisions of this Act are in conflict with the provisions of —
the Bush Fires Act 1954; or
the Health (Miscellaneous Provisions) Act 1911; or
the Public Health Act 2016; or
subject to section 6, the Land Administration Act 1997; or
any Act for the time being providing for the conservation of wildlife or indigenous flora; or
any Act relating to the powers of a Port Authority established under the provisions of an Act within the area of competence of that Port Authority, in so far as such powers relate to matters affecting navigation or the conduct and management of the port; or
the Environmental Protection Act 1986,
or where the exercise of a power conferred by or under this Act would be inconsistent with the exercise of a power conferred by any such provisions, the provision of this Act shall be deemed not to apply in so far as it so conflicts and any such inconsistent power conferred by or under this Act shall, to the extent of the inconsistency, not be exercised so as to limit or restrict the exercise of the power conferred by or under that other Act.
In so far as the provisions of this Act are in conflict with the powers conferred on a local government by the Local Government Act 1995, or any other Act —
where the matter in question is a matter which in the opinion of the Minister relates entirely to the waters comprised within a management area for the time being defined pursuant to section 10(1) or any waters to which section 31 or section 32 applies, the provisions of this Act shall prevail; and
where the matter in question relates to associated land or land to which section 31 or section 32 applies and the Minister agrees with the local government that it is not likely to affect such waters, the provisions of this Act shall be deemed not to apply; and
where the matter in question is a matter which in the opinion of the Minister may indirectly affect such waters, the local government shall consult with the Minister,
and regulations made under this Act may make provision as to the types of matter that are to be taken as falling within the categories referred to in this subsection and as to the manner in which and the circumstances where such matters shall be brought to the notice of the Minister.
Nothing in this Act shall be construed as operating to prevent the grant of any right, tenement, lease, licence, permit or other interest under or pursuant to —
the Mining Act 1904 2; or
the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967; or
the Petroleum (Submerged Lands) Act 1967 3 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982,
or any Act repealing or substituted for any such Act, but the provisions of this Act may have effect in relation to any works carried out in consequence of that grant.
Subject to the provisions of this section, this Act shall be construed so as to apply to any power and notwithstanding any right, however arising and whether conferred before or after the coming into operation of this Act, vested in any person, body or authority in relation to the waters and land to which this Act applies.
[Section 5 amended: No. 77 of 1986 s. 37; No. 14 of 1996 s. 4; No. 31 of 1997 s. 141; No. 35 of 2007 s. 108; No. 38 of 2007 s. 144 and 188; No. 19 of 2016 s. 101 and 343(1); No. 17 of 2024 s. 426 and 433.]
This provision refers to the regulations (any regulation
). Made under this Act:
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