New South Wales Consolidated Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2001 - SECT 31

31 Monitoring and enforcement of compliance

(1) A Scheme administration agreement may--

(a) specify the monitoring, reporting and audit requirements to be included in a Scheme arrangement, and

(b) provide for the exercise of powers and other functions under Chapter 7 of the Protection of the Environment Operations Act 1997 by the EPA (and authorised officers appointed by the EPA) in connection with the agreement, and

(c) require a Scheme arrangement to provide for the exercise of powers and other functions under that Chapter by the EPA (and authorised officers appointed by the EPA) in connection with the arrangement, and

(d) specify any other measures to be taken by the Scheme Coordinator or network operator to whom the agreement applies to ensure that the parties comply with a Scheme arrangement.

(2) If a Scheme administration agreement provides, or a Scheme arrangement provides (or is required under a Scheme administration agreement to provide), for the exercise of powers and other functions under Chapter 7 of the Protection of the Environment Operations Act 1997 in connection with the agreement or arrangement, that Chapter extends to the exercise of powers and other functions by the EPA (and by authorised officers appointed by the EPA) for the following purposes--

(a) determining whether there has been compliance with or a contravention of the agreement or arrangement (or any condition of an approval granted by the EPA in relation to the arrangement),

(b) obtaining information or records for purposes connected with the monitoring or audit of the activities of parties to the agreement or arrangement in relation to the performance of their obligations under the agreement or arrangement.

(3) The provisions of Chapter 7 of the Protection of the Environment Operations Act 1997 apply for any such purpose as if the responsibilities and functions of the EPA under this Act included the matters referred to in subsection (2).

(4) This section does not affect the exercise of powers or other functions under Chapter 7 of the Protection of the Environment Operations Act 1997 in connection with this Act that are authorised to be exercised without reliance on this section.