61Regulatory Authority

61 Regulatory Authority

61 Regulatory Authority

(1) Meaning of “Regulatory Authority” For the purposes of this Act, the Regulatory Authority, in relation to a function conferred or imposed on the Regulatory Authority by or under this or any other Act (a regulatory function), is—

(a) the Minister, or

(b) if the Minister appoints a person under this section to exercise that function—that person.

(2) Appointment of qualified persons to exercise regulatory functions The Minister may, by order published in the Gazette, appoint a qualified person to exercise all or specified regulatory functions.

Note.

Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.

(3) Subject to the regulations, each of the following is a qualified person—

(a) a public authority,

(b) the head of a Public Service agency.

(4) However, Water NSW cannot be appointed to exercise a regulatory function that would authorise or permit Water NSW—

(a) to have a concurrence role (as referred to in section 62) with respect to the granting of development consent under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development by it, or

(b) to grant development consent under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development by it.

(5) Different qualified persons may be appointed to exercise different regulatory functions, whether by the same order or different orders.

(6) The Regulatory Authority in relation to a regulatory function may delegate the function to—

(a) if the Regulatory Authority is the Minister—a member of staff of the Department, or

(b) if the Regulatory Authority is a public authority—a member of staff of the authority, or