7Inconsistency with directions given by other regulatory authorities

7 Inconsistency with directions given by other regulatory authorities

7 Inconsistency with directions given by other regulatory authorities

(1) If, when exercising the functions conferred on it by this Part, the Regulatory Authority and another regulatory authority both give an environment protection notice in respect of the same pollution incident, premises or activity and it is not possible to comply with the requirements of both notices—

(a) if the other regulatory authority is the EPA—the notice given by the EPA prevails and the notice given by the Regulatory Authority does not have to be complied with, to the extent that it is not possible to comply with that notice and the notice given by the EPA, and

(b) otherwise—the notice given by the Regulatory Authority prevails and the notice given by the other regulatory authority does not have to be complied with, to the extent that it is not possible to comply with that notice and the notice given by the Regulatory Authority.

Note.

The powers conferred on the Regulatory Authority by this Regulation overlap with the powers of local authorities (such as local councils) under section 6(3) of the Protection of the Environment Operations Act 1997.

(2) In this clause, activity, pollution incident and premises have the same meanings as in the Protection of the Environment Operations Act 1997.