67Exercise of certain functions by Secretary of Department of Primary Industries and Regional Development

67 Exercise of certain functions by Secretary of Department of Primary Industries and Regional Development

67 Exercise of certain functions by Secretary of Department of Primary Industries and Regional Development

(1) For the Act, section 5A(2), the following functions of the Authority and of the CEO of the Authority in relation to radioactive ore are prescribed—

(a) the functions under the Protection of the Environment Operations Act 1997, sections 187(1), 189(1), 191(1), 210 and 212A,

Note—

The Act, section 15 provides that the Protection of the Environment Operations Act 1997, Chapter 7 extends to the exercise of powers in connection with the Act and this regulation.

(b) the functions under the Act, sections 18, 19, 21, 24A, 25(2) and (4), 25A(8), 26(2), (4) and (5), 27, 28, 36 and 38A,

(c) the functions under this regulation, sections 42, 47, 52, 57, 58(4), 63, 70 and 71.

(2) The Secretary may only exercise the prescribed functions in relation to radioactive ore located in—

(a) a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies, or

(b) a place where activities regulated under one or more of the following Acts are carried out—

(i) the Mining Act 1992,

(ii) the Offshore Minerals Act 1999,

(iii) the Petroleum (Offshore) Act 1982,

(iv) the Petroleum (Onshore) Act 1991.

(3) The Secretary’s power to exercise the functions under the Act, sections 24A and 25(2) and (4) is limited to the exercise of the functions in relation to an offence under—

(a) the Protection of the Environment Operations Act 1997, section 211, or

(b) the Act, section 18, 19, 33C or 36B, or

(c) this regulation, section 42, 45–47, 51–53, 55, 57, 58, 60, 63 or 70.

(4) An authorised officer appointed by the Secretary exercising the Authority’s function under the Protection of the Environment Operations Act 1997, section 187(1) may exercise any of the functions of an authorised officer under that Act, but only in relation to—

(a) radioactive ore located at a workplace or other place specified in subsection (2), and

(b) an offence under—

(i) the Act, section 19 or 36B, or

(ii) this regulation, section 42, 45–47, 51–53, 55, 57, 58, 60, 63 or 70.

(5) In this section—

Secretary means the Secretary of the Department of Primary Industries and Regional Development.