7Relationship between directions of regulatory authorities—the Act, s 63(2)

7 Relationship between directions of regulatory authorities—the Act, s 63(2)

7 Relationship between directions of regulatory authorities—the Act, s 63(2)

(1) If, when the Regulatory Authority is exercising the functions conferred on it by this part, the Regulatory Authority and another regulatory authority both give an environment protection notice in relation to 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—

(i) the notice given by the EPA prevails, and

(ii) 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 the notice and the notice given by the EPA, and

(b) otherwise—

(i) the notice given by the Regulatory Authority prevails, and

(ii) 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 the 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 the Protection of the Environment Operations Act 1997, section 6(3).

(2) In this section—

activity has the same meaning as in the Protection of the Environment Operations Act 1997.

pollution incident has the same meaning as in the Protection of the Environment Operations Act 1997.

premises has the same meaning as in the Protection of the Environment Operations Act 1997.