21Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997

#### 21 Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997 21 Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) > > (1) An authorised officer who is a police officer or who is appointed by the EPA has and may exercise the functions of an authorised officer under Chapter 7 and section 319A of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) (the POEO Act) for the following purposes— > > > > > (a) for determining whether there has been compliance with or a contravention of this Act and the regulations, > > > > > (b) for obtaining information or records for purposes connected with the administration of this Act and the regulations, > > > > > (c) generally for administering this Act and the regulations. > > > (2) The provisions of Chapter 7 and section 319A of the POEO Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications— > > > > > (a) references in those provisions to an authorised officer were references to an authorised officer who is a police officer or who is appointed by the EPA as a Competent Authority under this Act, > > > > > (b) references in those provisions to “this Act” were references to this Act, > > > > > (c) references in those provisions to the EPA were references to the EPA as a Competent Authority, > > > > > (d) the EPA as a Competent Authority was the appropriate regulatory authority for matters concerning this Act. > > > (3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 of the POEO Act (as applying under this section) is to be taken as if the offence were an offence against this Act. > > > (4) The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of this Act, taken to be functions under this Act. > > > (5) If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act. > > **s 21:** Am 2009 No 106, Sch 1.5 \[4\].