sec.173Regulation-making power

### sec.173 Regulation-making power The Governor in Council may make regulations not inconsistent with this Act providing with respect to the following— the preparation of programs of works, development areas, development schemes, environmental coordination and procedures by or pursuant to which State development areas are to be declared or varied or terminated; the custody and affixing of the official seal of the Coordinator-General or any body corporate established under this Act; the procedure of meetings and the conduct of the business of any body, corporate or unincorporate, established under this Act preservation of the validity of the proceedings of any such body; the manner and detail in which the Coordinator-General, and any body, corporate or unincorporate, shall perform a function or exercise a power imposed or conferred upon the Coordinator-General or it by this Act; safeguarding and securing against trespass, injury, misuse, or use for or in connection with any purpose not authorised by or under this Act, authorised works or lands and property vested in or under the management or control of the Coordinator-General; the use by the public of authorised works or of lands or property vested in or under the management or control of the Coordinator-General for or in connection with any purpose; requirements for environmental impact statements, reports, protected matters reports, studies or the process under part 4 , division 3 , subdivision 1 or part 4A to allow— the process to be accredited under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ; or the making of a bilateral agreement under that Act to which the State is proposed as a party; or the State to meet its obligations under a bilateral agreement under that Act to which the State is a party; the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees and the refund of fees; penalties not exceeding 20 penalty units for any breach of the regulations; all matters required or permitted by this Act to be prescribed; all matters, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting subsection (1) (h) , a regulation may— prescribe a fee for monitoring compliance with an imposed condition; and prescribe a fee that is a stated amount, CPI indexed for the year the fee becomes payable. Provision made by the regulations may, if the Governor in Council thinks fit, be so made as to require an exercise of discretion or the formation of an opinion by the Minister or by any other person. s 173 amd 1973 No. 26 s 17 ; 1978 No. 62 s 27 ; 1979 No. 26 s 11 ; 2001 No. 46 ss 52 , 30 (2) sch 2 ; 2012 No. 43 s 316 ; 2014 No. 36 s 53 ; 2014 No. 40 s 154 sch 1 pt 1 (sec.173-ssec.1) The Governor in Council may make regulations not inconsistent with this Act providing with respect to the following— the preparation of programs of works, development areas, development schemes, environmental coordination and procedures by or pursuant to which State development areas are to be declared or varied or terminated; the custody and affixing of the official seal of the Coordinator-General or any body corporate established under this Act; the procedure of meetings and the conduct of the business of any body, corporate or unincorporate, established under this Act preservation of the validity of the proceedings of any such body; the manner and detail in which the Coordinator-General, and any body, corporate or unincorporate, shall perform a function or exercise a power imposed or conferred upon the Coordinator-General or it by this Act; safeguarding and securing against trespass, injury, misuse, or use for or in connection with any purpose not authorised by or under this Act, authorised works or lands and property vested in or under the management or control of the Coordinator-General; the use by the public of authorised works or of lands or property vested in or under the management or control of the Coordinator-General for or in connection with any purpose; requirements for environmental impact statements, reports, protected matters reports, studies or the process under part 4 , division 3 , subdivision 1 or part 4A to allow— the process to be accredited under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ; or the making of a bilateral agreement under that Act to which the State is proposed as a party; or the State to meet its obligations under a bilateral agreement under that Act to which the State is a party; the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees and the refund of fees; penalties not exceeding 20 penalty units for any breach of the regulations; all matters required or permitted by this Act to be prescribed; all matters, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. (sec.173-ssec.2) Without limiting subsection (1) (h) , a regulation may— prescribe a fee for monitoring compliance with an imposed condition; and prescribe a fee that is a stated amount, CPI indexed for the year the fee becomes payable. (sec.173-ssec.3) Provision made by the regulations may, if the Governor in Council thinks fit, be so made as to require an exercise of discretion or the formation of an opinion by the Minister or by any other person. - (a) the preparation of programs of works, development areas, development schemes, environmental coordination and procedures by or pursuant to which State development areas are to be declared or varied or terminated; - (b) the custody and affixing of the official seal of the Coordinator-General or any body corporate established under this Act; - (c) the procedure of meetings and the conduct of the business of any body, corporate or unincorporate, established under this Act preservation of the validity of the proceedings of any such body; - (d) the manner and detail in which the Coordinator-General, and any body, corporate or unincorporate, shall perform a function or exercise a power imposed or conferred upon the Coordinator-General or it by this Act; - (e) safeguarding and securing against trespass, injury, misuse, or use for or in connection with any purpose not authorised by or under this Act, authorised works or lands and property vested in or under the management or control of the Coordinator-General; - (f) the use by the public of authorised works or of lands or property vested in or under the management or control of the Coordinator-General for or in connection with any purpose; - (g) requirements for environmental impact statements, reports, protected matters reports, studies or the process under part 4 , division 3 , subdivision 1 or part 4A to allow— (i) the process to be accredited under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ; or (ii) the making of a bilateral agreement under that Act to which the State is proposed as a party; or (iii) the State to meet its obligations under a bilateral agreement under that Act to which the State is a party; - (i) the process to be accredited under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ; or - (ii) the making of a bilateral agreement under that Act to which the State is proposed as a party; or - (iii) the State to meet its obligations under a bilateral agreement under that Act to which the State is a party; - (h) the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees and the refund of fees; - (i) penalties not exceeding 20 penalty units for any breach of the regulations; - (j) all matters required or permitted by this Act to be prescribed; - (k) all matters, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. - (i) the process to be accredited under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) ; or - (ii) the making of a bilateral agreement under that Act to which the State is proposed as a party; or - (iii) the State to meet its obligations under a bilateral agreement under that Act to which the State is a party; - (a) prescribe a fee for monitoring compliance with an imposed condition; and - (b) prescribe a fee that is a stated amount, CPI indexed for the year the fee becomes payable.