4Regulatory Authority may exercise powers of EPA and other regulatory authorities

4 Regulatory Authority may exercise powers of EPA and other regulatory authorities

4 Regulatory Authority may exercise powers of EPA and other regulatory authorities

(1) The Regulatory Authority has the same functions as the EPA or any other regulatory authority (including the functions of the appropriate regulatory authority) under the following provisions of the Protection of the Environment Operations Act 1997 in relation to a relevant non-scheduled activity and in relation to an offence set out in Part 3 of this Regulation—

(a) Chapter 4,

(b) Chapter 7 other than section 186,

(c) Division 2 of Part 8.2.

(2) The Regulatory Authority has the same functions as the EPA under Part 8.2 of the Protection of the Environment Operations Act 1997 with respect to an offence against section 145, 145A, 146, 146A, 146B or 146C of that Act that is committed or alleged to have been committed in a declared catchment area.

(3) The Regulatory Authority has the same functions as the EPA under section 316 of the Protection of the Environment Operations Act 1997 with respect to a dispute between the Regulatory Authority and a public authority and that section applies to the Regulatory Authority in the same way as it applies to the EPA.

(4) The Regulatory Authority has the same functions as a regulatory authority under sections 319 and 320 of the Protection of the Environment Operations Act 1997 and those sections apply to the Regulatory Authority in the same way as they apply to a regulatory authority.

(5) If the Regulatory Authority exercises a function of the EPA or another regulatory authority (including the appropriate regulatory authority) under the Protection of the Environment Operations Act 1997—

(a) that Act applies in respect of the exercise of that function (including any provisions relating to the exercise of those functions, any offences under that Act, any provisions relating to proceedings for offences and any appeal provisions), and

(b) references in that Act to the EPA or another regulatory authority (including the appropriate regulatory authority) are taken to include the Regulatory Authority, and