Hazardous Substances and New Organisms Act 1996

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11 Powers, functions, and duties of Authority
  • (1) The Authority may—

    • (a) Advise the Minister on any matter relating to the purpose of this Act, including, but not limited to,—

      • (i) The extent to which persons are complying with the provisions of this Act:

      • (ii) Inconsistencies or conflicts between any controls placed on hazardous substances and new organisms under this Act and any controls placed on any hazardous substance and new organisms under any other Act:

      • (iii) The consideration and investigation of the use of environmental user charges in accordance with section 96 of this Act:

    • (b) Monitor and review—

      • (i) The extent to which the Act reduces adverse effects on the environment or people from hazardous substances or new organisms:

      • (ii) The enforcement of this Act including, but not limited to, the exercise of any power under section 103 of this Act by any enforcement officer:

    • (c) Promote awareness of the adverse effects of hazardous substances and new organisms on people or the environment and awareness of the prevention or safe management of those effects:

    • (d) Contribute to and cooperate with international forums and carry out international requirements as directed by the Minister:

    • (e) Enquire into any incident or emergency involving a hazardous substance or a new organism:

    • (f) Keep such registers relating to hazardous substances and new organisms as may be required by this Act or as may be necessary to administer this Act:

    • (fa) approve forms for applications under Part 5:

    • (fb) give directions as to the disposal of persistent organic pollutants:

    • (fc) approve standards for containment facilities:

    • (g) Carry out any powers, functions, and duties conferred on it by or under this Act or any other enactment.

    (2) The Authority must, before exercising the function specified in subsection (1)(fb), consult the persons whom the Authority considers are representative of the classes of person who are likely to have an interest in the standards.

    (3) This section does not limit section 17 of the Crown Entities Act 2004.

    Subsection (1)(fa) was inserted, as from 31 December 2000, by section 5 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

    A second paragraph (fb) was inserted, as from 23 December 2004, by section 5 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37). See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

    Section 11(1)(fc): inserted, as section 11(1)(fb), on 30 October 2003, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 11(1)(fc) paragraph number: substituted, on 20 September 2007, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

    Subsection (2) was inserted, as from 30 October 2003, by section 7(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Subsection 11(3): inserted, as section 11(2), on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

    Section 11(3) subsection number: substituted, on 20 September 2007, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).