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](/view/html/inforce/current/act-1997-156), 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](/view/html/inforce/current/act-1997-156), 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](/view/html/inforce/current/act-2013-054) applies, or > > > > > (b) a place where activities regulated under one or more of the following Acts are carried out— > > > > > > > (i) the [Mining Act 1992](/view/html/inforce/current/act-1992-029), > > > > > > > (ii) the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), > > > > > > > (iii) the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023), > > > > > > > (iv) the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084). > > > (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](/view/html/inforce/current/act-1997-156), 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](/view/html/inforce/current/act-1997-156), 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.