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Natural Environment Bill

Enforcement and other matters - Enforcement - Enforcement functions of EPA

247: Intervention by EPA

You could also call this:

"EPA takes over to help with environment issues"

Illustration for Natural Environment Bill

If the EPA steps in to help with an enforcement action, they must tell the local authority about it in writing. You will know the EPA is taking over when they send this notice. The local authority must then stop their enforcement action. When the EPA takes over, they are in charge of all enforcement actions. Only the EPA can take action unless they decide to stop intervening. If the EPA stops intervening, they must tell the local authority in writing and say when it will happen. The local authority can then take action again or start where they left off. The EPA can still take action if there is another incident with the same person. This means the EPA can help with one incident, but still take action on another incident with the same person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526809.

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246: Enforcement functions of EPA, or

"The EPA's job is to make sure people follow the rules and take action when needed."

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"The EPA can change how it handles environmental incidents to better protect the environment."

Part 6Enforcement and other matters
Enforcement: Enforcement functions of EPA

247Intervention by EPA

  1. If the EPA intervenes in an enforcement action of a local authority in relation to an incident,—

  2. the EPA must notify the chief executive of the local authority in writing of the incident to which the intervention relates and the date on which the intervention takes effect; and
    1. the local authority must,—
      1. on receipt of the notice, cease any enforcement action in relation to the incident, except for an enforcement action described in paragraph (a) or (g) of the definition of enforcement action in section 245; and
        1. from the date specified in the notice, cease all enforcement action in relation to the incident; and
        2. the EPA takes over all enforcement action in relation to the incident from the date specified in the notice; and
          1. only the EPA may take any enforcement action or subsequent action in relation to the incident unless subsection (3) applies.

            1. When intervening in an enforcement action of a local authority, the EPA must not intervene in relation to an enforcement action that the local authority has already executed in respect of a person.

            2. If the EPA decides to cease its intervention,—

            3. it must notify the chief executive of the local authority in writing of its decision and the date on which it takes effect; and
              1. it must specify in the notice the date on which the intervention will cease; and
                1. the local authority may, from the date referred to in paragraph (b),—
                  1. take an enforcement action or subsequent action in relation to the incident; or
                    1. resume any enforcement action that it had commenced before the intervention.

                    2. To avoid doubt, subsection (2) does not prevent the EPA from taking an enforcement action in relation to another incident in respect of the same person.