Environmental Protection Authority Act 2011 (No. 14 of 2011)

Environmental Protection Authority Act 2011 Public Act 2011 No 14 Date of assent 17 May 2011 Commencement see section 2 Contents Page 1 Title 4 2 Commencement 4 Part 1 Preliminary provisions 3 Purpose 5 4 Treaty of Waitangi (Te Tiriti o Waitangi) 5 5 Interpretation 5 6 Act binds the Crown 6 Part 2 Environmental Protection Authority Establishment of Environmental Protection Authority 7 Environmental Protection Authority established 6 8 EPA is Crown entity 6 9 Board of EPA 6 10 Qualifications for appointment to board 7 11 Restriction on membership 7 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019. Note 4 at the end of this version provides a list of the amendments included in it. This Act is administered by the Ministry for the Environment. Version as at 28 October 2021 1 http://legislation.govt.nz/pdflink.aspx?id=DLM7298371 Functions of EPA 12 Objective of EPA 7 13 Functions of EPA 7 14 Limitation on power to contract 8 15 Appointment of chief executive 8 Delegation by Minister 16 Delegation of functions or powers of Minister under environmental Acts 9 Delegation by EPA 17 EPA’s power of delegation 9 Māori Advisory Committee 18 Māori Advisory Committee established 10 19 Functions of Māori Advisory Committee 10 20 Terms of reference of Māori Advisory Committee 10 21 Remuneration of Māori Advisory Committee 10 Part 3 Disestablishment of entities, transfer of functions, and other matters 22 Interpretation 11 Subpart 1—Disestablishment of Environmental Protection Authority established by Resource Management Act 1991 23 Environmental Protection Authority established by Resource Management Act 1991 disestablished 11 24 Consequences of disestablishment of former Environmental Protection Authority 11 25 References to EPA established by Resource Management Act 1991 12 Subpart 2—Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao 26 Environmental Risk Management Authority disestablished 12 27 ERMA committees disestablished 12 28 Nga Kaihautu Tikanga Taiao disestablished 13 29 No compensation for loss of office 13 Transfer of functions, etc, of ERMA to EPA 30 Transfer of functions, etc, of ERMA to EPA 13 31 Certain delegations continue 14 32 Applications to be completed 14 33 Matters relating to continued committee 15 34 Final report and accounts of ERMA 15 Environmental Protection Authority Act 2011 Version as at 28 October 2021 2 35 References to ERMA 15 Subpart 3—Transfer of employees 36 Transfer of certain State services employees to EPA 15 37 Terms and conditions of employment of transferred employees 17 38 Transfer of ERMA employees to EPA 17 39 Continuity of employment 17 40 Employees covered by collective agreement 17 41 Restriction on compensation for technical redundancy 18 Superannuation 42 Superannuation or retiring allowance 18 43 KiwiSaver Act 2006 not to apply to transferred employee 19 Subpart 4—Matters related to transfer of functions under Climate Change Response Act 2002 Cancellation of Registrar’s appointment 44 Cancellation of appointment of Registrar 19 Consequences of transfer of climate change functions 45 Consequences of transfer of functions under Climate Change Response Act 2002 to EPA 19 46 Delegations continued 20 Transfer of contracts 47 Transfer of contracts to EPA 20 48 Consequences of transfer of contracts to EPA 21 Continuation of enforcement officers 49 Continuation of enforcement officers 21 Subpart 5—Matters related to transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 50 Consequences of transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 to EPA 22 Transfer of contracts 51 Transfer of contracts to EPA 23 52 Consequences of transfer of contracts to EPA 23 Part 4 Minor and consequential amendments 53 Consequential amendments 24 54 Minor amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 24 55 Minor amendments to Ozone Layer Protection Regulations 1996 24 Version as at 28 October 2021 Environmental Protection Authority Act 2011 3 Schedule 1 Amendments to other Acts consequential on disestablishment of ERMA 25 Schedule 2 Consequential amendments to regulations under Climate Change Response Act 2002 28 Schedule 3 Consequential amendments to regulations under Hazardous Substances and New Organisms Act 1996 31 Schedule 4 Amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 32 Schedule 5 Amendments to Ozone Layer Protection Regulations 1996 34 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Environmental Protection Authority Act 2011. 2 Commencement (1) Parts 1 and 2 of this Act come into force on the day after the date on which it receives the Royal assent. (2) The rest of this Act comes into force on a date appointed by the Governor General by Order in Council; and 1 or more orders may be made bringing dif‐ ferent provisions into force on different dates. (3) Any provision that has not earlier been brought into force comes into force on 1 December 2012. (4) An order under this section is secondary legislation (see Part 3 of the Legis‐ lation Act 2019 for publication requirements). Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act. Section 2(2): Part 3 (except sections 44–49) brought into force, on 1 July 2011, by clause 2(1) of the Environmental Protection Authority Act Commencement Order 2011 (SR 2011/193). Section 2(2): Part 4 (except section 53(2)) brought into force, on 1 July 2011, by clause 2(2) of the Environmental Protection Authority Act Commencement Order 2011 (SR 2011/193). s 1 Environmental Protection Authority Act 2011 Version as at 28 October 2021 4 http://legislation.govt.nz/pdflink.aspx?id=DLM7298343 http://legislation.govt.nz/pdflink.aspx?id=DLM7298353 http://legislation.govt.nz/pdflink.aspx?id=DLM7298429 http://legislation.govt.nz/pdflink.aspx?id=LMS7911 http://legislation.govt.nz/pdflink.aspx?id=DLM7298431 http://legislation.govt.nz/pdflink.aspx?id=DLM7298432 http://legislation.govt.nz/pdflink.aspx?id=DLM3755005 http://legislation.govt.nz/pdflink.aspx?id=DLM3755005 Section 2(2): sections 44 to 49 and 53(2) brought into force, on 5 December 2011, by clause 2 of the Environmental Protection Authority Act Commencement Order (No 2) 2011 (SR 2011/321). Section 2(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7). Part 1 Preliminary provisions 3 Purpose The purpose of this Act is to establish an Environmental Protection Authority and to provide for its functions and operation. 4 Treaty of Waitangi (Te Tiriti o Waitangi) In order to recognise and respect the Crown’s responsibility to take appropriate account of the Treaty of Waitangi,— (a) section 18 establishes the Māori Advisory Committee to advise the Environmental Protection Authority on policy, process, and decisions of the EPA under an environmental Act; and (b) the EPA and any person acting on behalf of the EPA must comply with the requirements of an environmental Act in relation to the Treaty, when exercising powers or functions under that Act. 5 Interpretation In this Act, unless the context otherwise requires,— chief executive means the chief executive of the Environmental Protection Authority appointed under section 15 collective agreement has the meaning given to it by section 22 employee has the meaning given to it by section 22 employment agreement has the meaning given to it by section 22 environment has the same meaning as in section 2(1) of the Resource Man‐ agement Act 1991 environmental Act means— (a) the Climate Change Response Act 2002: (ab) the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: (b) the Hazardous Substances and New Organisms Act 1996: (c) the Imports and Exports (Restrictions) Act 1988: (d) the Ozone Layer Protection Act 1996: (e) the Resource Management Act 1991 Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 1 s 5 5 http://legislation.govt.nz/pdflink.aspx?id=DLM3995005 http://legislation.govt.nz/pdflink.aspx?id=LMS268932 http://legislation.govt.nz/pdflink.aspx?id=DLM230272 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3955410 http://legislation.govt.nz/pdflink.aspx?id=DLM3955410 http://legislation.govt.nz/pdflink.aspx?id=DLM381221 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM230264 Environmental Protection Authority, Authority, or EPA means the Environ‐ mental Protection Authority established by section 7 Environmental Risk Management Authority or ERMA means the Environ‐ mental Risk Management Authority established by section 14 of the Hazardous Substances and New Organisms Act 1996 fees framework means the framework determined by the Government for the classification and remuneration of members of statutory and other bodies in which the Crown has an interest former EPA has the meaning given to it by section 22 Māori Advisory Committee means the committee established by section 18 Minister means the Minister of the Crown who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act natural and physical resources has the same meaning as in section 2(1) of the Resource Management Act 1991 Nga Kaihautu Tikanga Taiao means the committee established by section 24A of the Hazardous Substances and New Organisms Act 1996 previous employer has the meaning given to it by section 39(4). Section 5 environmental Act paragraph (ab): inserted, on 28 June 2013, by section 174 of the Exclu‐ sive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72). 6 Act binds the Crown This Act binds the Crown. Part 2 Environmental Protection Authority Establishment of Environmental Protection Authority 7 Environmental Protection Authority established This section establishes the Environmental Protection Authority. 8 EPA is Crown entity (1) The Environmental Protection Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004. (2) The Crown Entities Act 2004 applies to the EPA except to the extent that this Act or any other enactment expressly provides otherwise. 9 Board of EPA (1) The Minister must appoint no fewer than 6, and no more than 8, persons as members of the EPA. Part 1 s 6 Environmental Protection Authority Act 2011 Version as at 28 October 2021 6 http://legislation.govt.nz/pdflink.aspx?id=DLM383113 http://legislation.govt.nz/pdflink.aspx?id=DLM230272 http://legislation.govt.nz/pdflink.aspx?id=DLM383149 http://legislation.govt.nz/pdflink.aspx?id=DLM383149 http://legislation.govt.nz/pdflink.aspx?id=DLM3956365 http://legislation.govt.nz/pdflink.aspx?id=DLM329641 http://legislation.govt.nz/pdflink.aspx?id=DLM329630 (2) The members are the EPA’s board for the purposes of the Crown Entities Act 2004. (3) The Minister must appoint at least 1 member who has knowledge and experi‐ ence relating to the Treaty of Waitangi and tikanga Māori (Māori customary values and practices). 10 Qualifications for appointment to board (1) The Minister must appoint members to the EPA board who collectively have knowledge of, and experience in relation to, matters relevant to the functions of the EPA. (2) Knowledge and experience that are relevant include knowledge of, and experi‐ ence relating to,— (a) governance procedures and organisational change; and (b) New Zealand’s environmental management system; and (c) the links between the economy and environmental management; and (d) the Treaty of Waitangi and tikanga Māori; and (e) administration of environmental and risk management frameworks; and (f) central government processes. (3) This section does not limit section 29 of the Crown Entities Act 2004. 11 Restriction on membership (1) The following persons may not be appointed to the EPA board: (a) the chief executive: (b) an employee of the EPA. (2) This section does not limit section 30(2) of the Crown Entities Act 2004. Functions of EPA 12 Objective of EPA (1) The objective of the EPA is to undertake its functions in a way that— (a) contributes to the efficient, effective, and transparent management of New Zealand’s environment and natural and physical resources; and (b) enables New Zealand to meet its international obligations. (2) When undertaking its particular functions under an environmental Act, the EPA must also act in a way that furthers any objectives (or purposes) stated in respect of that Act. 13 Functions of EPA The functions of the EPA are— Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 2 s 13 7 http://legislation.govt.nz/pdflink.aspx?id=DLM329630 http://legislation.govt.nz/pdflink.aspx?id=DLM329630 http://legislation.govt.nz/pdflink.aspx?id=DLM329955 http://legislation.govt.nz/pdflink.aspx?id=DLM329956 (a) to advise the Minister on any matter relating to its functions under this Act or an environmental Act: (b) to exercise the powers, and carry out the functions and duties, conferred on it by or under this Act or an environmental Act: (c) if requested by the Minister,— (i) to provide technical advice to the Government and Crown entities on any matter related to its functions under an environmental Act: (ii) to provide administrative assistance (including secretarial ser‐ vices) to a person or group of people appointed by the Minister to provide advice or report on any matter related to its functions under an environmental Act: (iia) to provide secretarial and support services to a person appointed under an Act to make a decision requiring the application of pro‐ visions of the Resource Management Act 1991 as applied or modified by the Act under which the person is appointed: (iib) to provide support services to an IHP established under Schedule 3 of the Urban Development Act 2020: (iii) to contribute to and co-operate with international forums and carry out international obligations related to its functions under an environmental Act. Section 13(c)(iia): inserted, on 19 April 2017, by section 123 of the Resource Legislation Amend‐ ment Act 2017 (2017 No 15). Section 13(c)(iib): inserted, on 7 August 2020, by section 300 of the Urban Development Act 2020 (2020 No 42). 14 Limitation on power to contract (1) Before the EPA enters into a contract authorising a person to carry out a func‐ tion of the EPA under this Act or an environmental Act, the EPA must have regard to the matters set out in subsection (2). (2) The matters are— (a) whether the function might be more efficiently carried out by the EPA: (b) the desirability of keeping institutional knowledge within the EPA: (c) whether entering into the contract would limit the EPA’s ability to meet its obligations. (3) This section does not limit sections 16 and 17 of the Crown Entities Act 2004. 15 Appointment of chief executive (1) The EPA must appoint a chief executive to be responsible for the efficient and effective administration of the affairs of the EPA. (2) Members of the EPA are not eligible for appointment as the chief executive. Part 2 s 14 Environmental Protection Authority Act 2011 Version as at 28 October 2021 8 http://legislation.govt.nz/pdflink.aspx?id=DLM230264 http://legislation.govt.nz/pdflink.aspx?id=LMS291541 http://legislation.govt.nz/pdflink.aspx?id=LMS291541 http://legislation.govt.nz/pdflink.aspx?id=DLM6669356 http://legislation.govt.nz/pdflink.aspx?id=LMS291480 http://legislation.govt.nz/pdflink.aspx?id=DLM329930 http://legislation.govt.nz/pdflink.aspx?id=DLM329931 (3) Section 117 of the Crown Entities Act 2004 applies to the appointment of a chief executive. Delegation by Minister 16 Delegation of functions or powers of Minister under environmental Acts (1) In this section, Minister, in relation to an environmental Act, means a Minister of the Crown who, under authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of the environmental Act. (2) This section applies if a Minister delegates to the EPA a function or power under an environmental Act. (3) The delegation must be in writing. (4) The EPA— (a) may perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on the EPA directly by an enactment and not by delegation, unless the delegation limits the performance or exercise of the power; and (b) may delegate the function or power only— (i) with the prior written consent of the Minister; and (ii) subject to the same restrictions, and with the same effect, as if the subdelegate were the EPA. (5) If the EPA purports to perform a function or exercise a power under a delega‐ tion, the EPA— (a) is, in the absence of proof to the contrary, presumed to do so in accord‐ ance with the terms of the delegation; and (b) must produce evidence of its authority to do so, if reasonably requested to do so. (6) No delegation in accordance with an environmental Act— (a) affects or prevents the performance of any function or the exercise of any power by the Minister; or (b) affects the Minister’s responsibility for the actions of the EPA acting under the delegation. Delegation by EPA 17 EPA’s power of delegation (1) The EPA must not delegate its power to— (a) appoint a chief executive under section 15: Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 2 s 17 9 http://legislation.govt.nz/pdflink.aspx?id=DLM330367 (b) appoint the members of the Māori Advisory Committee under section 18: (c) appoint a committee under clause 14 of Schedule 5 of the Crown Entities Act 2004. (2) In other respects, section 73 of the Crown Entities Act 2004 applies. Māori Advisory Committee 18 Māori Advisory Committee established (1) This section establishes the Māori Advisory Committee. (2) The EPA must appoint no fewer than 4, and no more than 8, persons to be members of the committee. (3) The EPA must not appoint one of its own members to be a member of the com‐ mittee. (4) The EPA must appoint 1 member of the committee to be the chairperson of the committee. 19 Functions of Māori Advisory Committee (1) The functions of the Māori Advisory Committee are— (a) to provide advice and assistance to the EPA on matters relating to policy, process, and decisions of the EPA under an environmental Act or this Act; and (b) to provide advice to a marine consent authority when the committee’s advice is sought under section 56(1)(b) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. (2) The advice and assistance must be given from the Māori perspective and come within the terms of reference of the committee as set by the EPA under section 20. Section 19 heading: amended, on 1 June 2017, by section 285(2) of the Resource Legislation Amend‐ ment Act 2017 (2017 No 15). Section 19(1): replaced, on 1 June 2017, by section 285(3) of the Resource Legislation Amendment Act 2017 (2017 No 15). 20 Terms of reference of Māori Advisory Committee (1) The EPA must set terms of reference for the Māori Advisory Committee. (2) The EPA must review the terms of reference at intervals of no more than 3 years. 21 Remuneration of Māori Advisory Committee A member of the Māori Advisory Committee is entitled, in accordance with the fees framework,— Part 2 s 18 Environmental Protection Authority Act 2011 Version as at 28 October 2021 10 http://legislation.govt.nz/pdflink.aspx?id=DLM331147 http://legislation.govt.nz/pdflink.aspx?id=DLM330308 http://legislation.govt.nz/pdflink.aspx?id=DLM3956208 http://legislation.govt.nz/pdflink.aspx?id=DLM7132790 http://legislation.govt.nz/pdflink.aspx?id=DLM7132790 (a) to receive remuneration for services as a member at a rate and of a kind determined by the EPA; and (b) to be reimbursed for actual and reasonable travelling expenses incurred in carrying out his or her functions as a member. Part 3 Disestablishment of entities, transfer of functions, and other matters 22 Interpretation In this Part,— collective agreement has the same meaning as in section 5 of the Public Ser‐ vice Act 2020 employee does not include a chief executive employment agreement has the same meaning as in section 5 of the Public Service Act 2020 former EPA means the Environmental Protection Authority established by section 42B of the Resource Management Act 1991. Section 22 collective agreement: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40). Section 22 employment agreement: amended, on 7 August 2020, by section 135 of the Public Ser‐ vice Act 2020 (2020 No 40). Subpart 1—Disestablishment of Environmental Protection Authority established by Resource Management Act 1991 23 Environmental Protection Authority established by Resource Management Act 1991 disestablished The Environmental Protection Authority established by section 42B of the Resource Management Act 1991 is disestablished. 24 Consequences of disestablishment of former Environmental Protection Authority (1) On and from the commencement of section 23,— (a) all information held by the former EPA is held by the EPA; and (b) all money payable to or by the former EPA becomes payable to or by the EPA; and (c) all rights, liabilities, contracts, entitlements, and engagements of the for‐ mer EPA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and (d) all directions to the former EPA in effect immediately before the com‐ mencement of this section become directions to the EPA; and Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 24 11 http://legislation.govt.nz/pdflink.aspx?id=LMS356868 http://legislation.govt.nz/pdflink.aspx?id=LMS356868 http://legislation.govt.nz/pdflink.aspx?id=DLM2412724 http://legislation.govt.nz/pdflink.aspx?id=LMS176959 http://legislation.govt.nz/pdflink.aspx?id=LMS176959 http://legislation.govt.nz/pdflink.aspx?id=DLM2412724 (e) any delegation to the former EPA by the Minister under section 29(4) of the Resource Management Act 1991 that is in effect immediately before the commencement of this section has effect as if it were a delegation to the EPA; and (f) anything done, or omitted to be done, or that is to be done, by, or in rela‐ tion to, the former EPA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (g) the commencement, continuation, or enforcement of proceedings by or against the former EPA may instead be carried out by or against the EPA without amendment to the proceedings; and (h) a matter or thing that would, but for this section, have been completed by the former EPA may be completed by the EPA. (2) The transfer of information from the former EPA to the EPA under subsection (1)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020. (3) On and from the commencement of section 23, property owned by the Ministry for the Environment solely or principally for the purposes of the former EPA and identified as such by the chief executive of the Ministry is vested in the EPA. Section 24(2): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31). 25 References to EPA established by Resource Management Act 1991 Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 23, every reference to the Environmental Protec‐ tion Authority or EPA established by the Resource Management Act 1991 is, on and from that commencement, to be read as a reference to the Environmen‐ tal Protection Authority established by section 7. Subpart 2—Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao 26 Environmental Risk Management Authority disestablished The Environmental Risk Management Authority is disestablished. 27 ERMA committees disestablished Every committee appointed by ERMA under clause 43 of Schedule 1 of the Hazardous Substances and New Organisms Act 1996 is disestablished. Part 3 s 25 Environmental Protection Authority Act 2011 Version as at 28 October 2021 12 http://legislation.govt.nz/pdflink.aspx?id=DLM232556 http://legislation.govt.nz/pdflink.aspx?id=LMS23442 http://legislation.govt.nz/pdflink.aspx?id=LMS23706 http://legislation.govt.nz/pdflink.aspx?id=DLM230264 http://legislation.govt.nz/pdflink.aspx?id=DLM386047 28 Nga Kaihautu Tikanga Taiao disestablished Nga Kaihautu Tikanga Taiao is disestablished. 29 No compensation for loss of office The Crown is not liable to make a payment to, or otherwise compensate, any person in relation to the person’s ceasing to be a member of ERMA or Nga Kaihautu Tikanga Taiao because of the disestablishment of ERMA or Nga Kai‐ hautu Tikanga Taiao. Transfer of functions, etc, of ERMA to EPA 30 Transfer of functions, etc, of ERMA to EPA (1) On and from the commencement of section 26,— (a) the functions, duties, and powers of ERMA under any enactment become the functions, duties, and powers of the EPA; and (b) the property belonging to ERMA vests in the EPA; and (c) all information held by ERMA is held by the EPA; and (d) all money payable to or by ERMA becomes payable to or by the EPA; and (e) all rights, liabilities, contracts, entitlements, and engagements of ERMA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and (f) all directions to ERMA in effect immediately before the commencement of this section become directions to the EPA; and (g) any delegation by ERMA to the chief executive of ERMA that is in effect immediately before the commencement of this section has effect as if it were a delegation by the EPA to the EPA’s chief executive; and (h) anything done, or omitted to be done, or that is to be done, by, or in rela‐ tion to, ERMA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (i) the commencement, continuation, or enforcement of proceedings by or against ERMA may instead be carried out by or against to EPA without amendment to the proceedings; and (j) a matter or thing that would, but for this section, have been completed by ERMA may be completed by the EPA. (2) The transfer of information from ERMA to the EPA under subsection (1)(c) does not constitute an action that is an interference with the privacy of an indi‐ vidual under section 69 of the Privacy Act 2020. (3) This section applies subject to section 32. Section 30(2): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31). Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 30 13 http://legislation.govt.nz/pdflink.aspx?id=LMS23442 http://legislation.govt.nz/pdflink.aspx?id=LMS23706 31 Certain delegations continue (1) The following delegations continue in effect as if they were made by the EPA: (a) any delegation by ERMA under section 19(2)(b) of the Hazardous Sub‐ stances and New Organisms Act 1996 to a committee continued under section 32(2) of this Act for the purposes of an application to which sec‐ tion 32(1) of this Act applies; and (b) any other delegation by ERMA under section 19(2) of the Hazardous Substances and New Organisms Act 1996 that is in effect immediately before the commencement of section 26 of this Act. (2) However, a delegation to a member of ERMA or a number of people including a member of ERMA, other than a delegation to which subsection (1)(a) applies, is revoked on the commencement of section 26 of this Act. (3) To avoid doubt, the EPA may revoke a delegation continued under subsection (1). 32 Applications to be completed (1) This section applies to— (a) an application made under Part 5 or 6A of the Hazardous Substances and New Organisms Act 1996 that has not been determined before the com‐ mencement of section 26 of this Act but for which— (i) a hearing date has been fixed under section 59(1)(d) of the Haz‐ ardous Substances and New Organisms Act 1996 or a hearing has been commenced or held; or (ii) a date for consideration of the application has been fixed under section 59(1)(d) of that Act, or consideration has commenced; and (b) the committee appointed by ERMA under clause 43 of Schedule 1 of that Act to hear and decide the application. (2) Despite sections 26, 27, and 30 of this Act, the application must be decided by the committee, and for that purpose only the committee— (a) continues in existence as if it were a committee appointed by the EPA; and (b) continues to have all the necessary powers and functions delegated to it under section 19(2)(b) of the Hazardous Substances and New Organisms Act 1996. (3) However, if the EPA revokes the delegation referred to in subsection (2)(b), the committee ceases to exist. (4) The decision of the committee is to be treated as a decision of the EPA. Part 3 s 31 Environmental Protection Authority Act 2011 Version as at 28 October 2021 14 http://legislation.govt.nz/pdflink.aspx?id=DLM383125 http://legislation.govt.nz/pdflink.aspx?id=DLM383125 http://legislation.govt.nz/pdflink.aspx?id=DLM383157 http://legislation.govt.nz/pdflink.aspx?id=DLM384633 http://legislation.govt.nz/pdflink.aspx?id=DLM384091 http://legislation.govt.nz/pdflink.aspx?id=DLM384091 http://legislation.govt.nz/pdflink.aspx?id=DLM386047 http://legislation.govt.nz/pdflink.aspx?id=DLM383125 33 Matters relating to continued committee (1) The EPA may appoint additional members to a committee continued under sec‐ tion 32. (2) A committee continued under section 32(2)(a) ceases to exist on the earlier of— (a) the day after the date on which the last application to be decided by the committee is decided; or (b) the date on which the committee receives written notice of the EPA’s revocation of the delegation in accordance with section 76 of the Crown Entities Act 2004. (3) To avoid doubt, a continued committee need not include a member of the EPA. 34 Final report and accounts of ERMA (1) As soon as is reasonably practicable after the commencement of section 26, the EPA must arrange for the final report of ERMA to be delivered to the Minister. (2) The final report must— (a) describe ERMA’s operations for the period beginning on 1 July 2010 and ending immediately before the date on which section 26 commences; and (b) include financial statements for ERMA, prepared in accordance with section 154 of the Crown Entities Act 2004, for that period. (3) Sections 155 and 156 of the Crown Entities Act 2004 apply to the financial statements. (4) The Minister must present a copy of the report to the House of Representatives under section 150(3) of the Crown Entities Act 2004. 35 References to ERMA Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 26, every reference to the Environmental Risk Management Authority or ERMA is, on and from that commencement, to be read as a reference to the EPA. Subpart 3—Transfer of employees 36 Transfer of certain State services employees to EPA (1) The EPA and the chief executive of the Ministry for the Environment may agree to transfer the following employees of the Ministry to the EPA: (a) an employee whose employment at the Ministry relates to the functions of the former EPA; and Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 36 15 http://legislation.govt.nz/pdflink.aspx?id=DLM330311 http://legislation.govt.nz/pdflink.aspx?id=DLM330556 http://legislation.govt.nz/pdflink.aspx?id=DLM330557 http://legislation.govt.nz/pdflink.aspx?id=DLM330558 http://legislation.govt.nz/pdflink.aspx?id=DLM330552 (b) an employee whose employment at the Ministry relates to the chief executive’s functions under the Climate Change Response Act 2002 that become functions of the EPA on the commencement of the Climate Change Response Amendment Act 2011; and (c) an employee whose employment at the Ministry relates to the Minister for the Environment’s functions under the Imports and Exports (Restric‐ tions) Act 1988 that become functions of the EPA on the commencement of the Imports and Exports (Restrictions) Amendment Act 2011; and (d) an employee whose employment at the Ministry relates to the Minister for the Environment’s functions under the Ozone Layer Protection Act 1996 that become functions of the EPA on the commencement of the Ozone Layer Protection Amendment Act 2011. (2) The EPA and the chief executive of the Ministry of Economic Development may agree to transfer the following employees of the Ministry to the EPA: (a) an employee whose employment at the Ministry relates to the chief executive’s functions under the Climate Change Response Act 2002 that become functions of the EPA on the commencement of the Climate Change Response Amendment Act 2011; and (b) an employee whose employment at the Ministry relates to the Minister of Commerce’s functions under the Imports and Exports (Restrictions) Act 1988 that become functions of the EPA on the commencement of the Imports and Exports (Restrictions) Amendment Act 2011; and (c) an employee whose employment at the Ministry relates to the Minister of Commerce’s functions under the Ozone Layer Protection Act 1996 that become functions of the EPA on the commencement of the Ozone Layer Protection Amendment Act 2011. (3) The EPA and the chief executive of the Ministry that employs the employee must consult the employee concerned before deciding whether to transfer an employee from the Ministry to the EPA. (4) An employee transferred under subsection (1)(a) becomes an employee of the EPA on the commencement of section 23 of this Act. (5) An employee transferred under subsection (1)(b) or (2)(a) becomes an employee of the EPA on the commencement of the Climate Change Response Amendment Act 2011. (6) An employee transferred under subsection (1)(c) or (2)(b) becomes an employee of the EPA on the commencement of the Imports and Exports (Restrictions) Amendment Act 2011. (7) An employee transferred under subsection (1)(d) or (2)(c) becomes an employee of the EPA on the commencement of the Ozone Layer Protection Amendment Act 2011. Part 3 s 36 Environmental Protection Authority Act 2011 Version as at 28 October 2021 16 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 37 Terms and conditions of employment of transferred employees (1) This section applies to an employee transferred to the EPA under section 36. (2) The employee must be employed on terms and conditions no less favourable to the employee than those applying to the employee immediately before the date of the employee’s transfer to the EPA. (3) Subsection (2) continues to apply to an employee’s terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA. 38 Transfer of ERMA employees to EPA (1) Every person employed by ERMA immediately before the commencement of section 26 becomes an employee of the EPA on and from that date. (2) The terms and conditions of employment of each employee remain the same as the terms and conditions of his or her employment with ERMA immediately before the commencement of section 26. (3) Subsection (2) continues to apply to an employee’s terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA. 39 Continuity of employment (1) This section applies for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of an employee transferred to the EPA under section 36 or 38. (2) The employee’s employment is to be treated as unbroken and the employee’s period of service with the previous employer ending on the close of the day before the employee is transferred under section 36 or 38 is to be treated as a period of service with the EPA. (3) Every other period of service of the employee that is recognised by the previ‐ ous employer as continuous service is to be treated as a period of service with the EPA. (4) In this section and sections 40 and 41, previous employer means ERMA or the Ministry for the Environment or the Ministry of Economic Development (as the case may be). 40 Employees covered by collective agreement (1) This section applies to an employee of the Ministry for the Environment or the Ministry of Economic Development or ERMA who was covered by a collect‐ ive agreement with the employee’s previous employer immediately before the employee was transferred to the EPA under section 36 or 38. (2) The employee continues to be bound by the collective agreement and may enforce the collective agreement against the EPA. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 40 17 (3) The EPA is bound by the collective agreement only to the extent that it relates to the employee. (4) This section does not apply to a collective agreement to the extent that the EPA and the employee agree otherwise. 41 Restriction on compensation for technical redundancy (1) An employee is not entitled to receive any payment or other benefit on the ground that the employee’s position with his or her previous employer has ceased to exist, if— (a) the employee’s position ceases to exist as a result of the transfer of func‐ tions from his or her previous employer to the EPA; and (b) in connection with the transfer of functions,— (i) the employee is offered equivalent employment with the EPA (whether or not the employee accepts the offer); or (ii) the employee is offered and accepts other employment with the EPA. (2) In subsection (1), employment with the EPA is equivalent to the employee’s employment with his or her previous employer if the employment with the EPA is— (a) in substantially the same position; and (b) in the same general locality; and (c) on terms and conditions of employment no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannu‐ ation conditions). Superannuation 42 Superannuation or retiring allowance (1) This section applies to a person who is an employee transferred to the EPA under section 36 or 38 of this Act and who, immediately before becoming an employee of the EPA, was a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956. (2) The person is, for the purpose of the Government Superannuation Fund Act 1956, to be treated as if he or she continues to be employed in the Government service while the person is an employee of the EPA for the purposes of that Act, and that Act applies to the person as if the person’s service as an employee of the EPA is Government service. (3) However, if the person ceases to be a contributor to the Government Super‐ annuation Fund after becoming an employee of the EPA, the person may not resume making contributions to the Fund. Part 3 s 41 Environmental Protection Authority Act 2011 Version as at 28 October 2021 18 http://legislation.govt.nz/pdflink.aspx?id=DLM446395 http://legislation.govt.nz/pdflink.aspx?id=DLM446842 (4) For the purpose of applying the Government Superannuation Fund Act 1956 under this section, controlling authority, in relation to the person, means the EPA. 43 KiwiSaver Act 2006 not to apply to transferred employee The employment of an employee who becomes an employee of the EPA under this Act does not constitute new employment for the purposes of the KiwiSaver Act 2006. Subpart 4—Matters related to transfer of functions under Climate Change Response Act 2002 Cancellation of Registrar’s appointment 44 Cancellation of appointment of Registrar The appointment of a person holding the office of Registrar under section 11 of the Climate Change Response Act 2002 on the day immediately before the commencement of section 7 of the Climate Change Response Amendment Act 2011 is cancelled. Consequences of transfer of climate change functions 45 Consequences of transfer of functions under Climate Change Response Act 2002 to EPA (1) This section applies to a function of a former agency under the Climate Change Response Act 2002 that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 by the Climate Change Response Amendment Act 2011. (2) On and from the commencement of the Climate Change Response Amendment Act 2011,— (a) all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and (b) all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and (c) all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and (d) all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and (e) anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as hav‐ Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 45 19 http://legislation.govt.nz/pdflink.aspx?id=DLM446000 http://legislation.govt.nz/pdflink.aspx?id=DLM378371 http://legislation.govt.nz/pdflink.aspx?id=DLM378371 http://legislation.govt.nz/pdflink.aspx?id=DLM159532 http://legislation.govt.nz/pdflink.aspx?id=DLM3718930 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 ing been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (f) the commencement, continuation, or enforcement of proceedings relat‐ ing to the function by or against a former agency may instead be carried out by or against the EPA without amendment to the proceedings; and (g) a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA. (3) In this section, former agency means the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Develop‐ ment, but does not include the Registrar whose appointment is cancelled under section 44. (4) On and from the commencement of the Climate Change Response Amendment Act 2011, property owned by a former agency solely or principally for the pur‐ poses of the function and identified as such by the former agency is vested in the EPA. (5) The transfer of information from a former agency to the EPA under subsection (2)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020. Section 45(5): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31). 46 Delegations continued (1) This section applies to a delegation— (a) by the chief executive of a department with responsibility for the admin‐ istration of a Part or subpart of the Climate Change Response Act 2002 to the chief executive of another department in force on the day before the date on which the Climate Change Response Amendment Act 2011 commences; and (b) that relates to a function of the department that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 by the Climate Change Response Amendment Act 2011. (2) Despite the amendment of the Climate Change Response Act 2002 by the Cli‐ mate Change Response Amendment Act 2011, the delegation continues in effect as if it were a delegation by the EPA to the chief executive of that other department. (3) To avoid doubt, the EPA may revoke a delegation continued under subsection (2). Transfer of contracts 47 Transfer of contracts to EPA (1) This section applies to a contract (other than an employment agreement) that— Part 3 s 46 Environmental Protection Authority Act 2011 Version as at 28 October 2021 20 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=LMS23442 http://legislation.govt.nz/pdflink.aspx?id=LMS23706 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 (a) was made between the chief executive of the Ministry for the Environ‐ ment or chief executive of the Ministry of Economic Development and another person; and (b) relates solely to a function or power of the chief executive under the Cli‐ mate Change Response Act 2002 before the Climate Change Response Amendment Act 2011 commences that becomes a function or power of the EPA on the commencement of the Climate Change Response Amendment Act 2011. (2) On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Eco‐ nomic Development, as appropriate. (3) Unless the context otherwise requires, every reference in a contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA. 48 Consequences of transfer of contracts to EPA (1) This section applies only in relation to a contract transferred to the EPA under section 47. (2) On and from the commencement of section 47,— (a) all rights, liabilities, and entitlements of the chief executive of the Minis‐ try for the Environment or the chief executive of the Ministry of Eco‐ nomic Development under the contract become the rights, liabilities, and entitlements of the EPA; and (b) anything done, or omitted to be done, or that is to be done, by, or in rela‐ tion to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (c) the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceed‐ ings. Continuation of enforcement officers 49 Continuation of enforcement officers Despite the amendments made to section 93 of the Climate Change Response Act 2002 by section 15 of the Climate Change Response Amendment Act 2011, a person’s appointment as an enforcement officer continues,— Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 49 21 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM3718904 http://legislation.govt.nz/pdflink.aspx?id=DLM1662659 http://legislation.govt.nz/pdflink.aspx?id=DLM3718941 (a) if the person is also an employee of the Ministry for the Environment, the Ministry of Economic Development, or ERMA who is transferred to the EPA under section 36 or 38 of this Act, as if the EPA had appointed the person; or (b) if paragraph (a) does not apply, as if the EPA had delegated the power to appoint the person as an enforcement officer to the person who made the appointment. Subpart 5—Matters related to transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 50 Consequences of transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 to EPA (1) This section applies to a function of a Minister under the Imports and Exports (Restrictions) Act 1988 or the Ozone Layer Protection Act 1996 that is trans‐ ferred to the EPA as a consequence of the amendment of either Act by the Imports and Exports (Restrictions) Amendment Act 2011 or the Ozone Layer Protection Amendment Act 2011 respectively. (2) On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 or the Ozone Layer Protection Amendment Act 2011 (as applicable),— (a) all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and (b) all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and (c) all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and (d) all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and (e) anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as hav‐ ing been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (f) the commencement, continuation, or enforcement of proceedings relat‐ ing to the function by or against a Minister may instead be carried out by or against the EPA without amendment to the proceedings; and (g) a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA. Part 3 s 50 Environmental Protection Authority Act 2011 Version as at 28 October 2021 22 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 (3) In this section, former agency means the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Develop‐ ment. (4) On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 or the Ozone Layer Protection Amendment Act 2011 (as applicable), property owned by a former agency solely or principally for the purposes of the function and identified as such by the former agency is vested in the EPA. (5) The transfer of information from a former agency to the EPA under subsection (2)(a) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020. Section 50(5): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31). Transfer of contracts 51 Transfer of contracts to EPA (1) This section applies to a contract (other than an employment agreement) that— (a) was made between the chief executive of the Ministry for the Environ‐ ment or the chief executive of the Ministry of Economic Development and another person; and (b) relates solely or principally to a function or power of a Minister under the Imports and Exports (Restrictions) Act 1988 or the Ozone Layer Pro‐ tection Act 1996 before the Imports and Exports (Restrictions) Amend‐ ment Act 2011 or the Ozone Layer Protection Amendment Act 2011 (as applicable) commences that becomes a function or power of the EPA on the commencement of the Imports and Exports (Restrictions) Amend‐ ment Act 2011 or the Ozone Layer Protection Amendment Act 2011. (2) On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Eco‐ nomic Development, as appropriate. (3) Unless the context otherwise requires, every reference in the contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA. 52 Consequences of transfer of contracts to EPA (1) This section applies only in relation to a contract transferred to the EPA under section 51. (2) On and from the commencement of section 51,— (a) all rights, liabilities, and entitlements of the chief executive of the Minis‐ try for the Environment or the chief executive of the Ministry of Eco‐ Version as at 28 October 2021 Environmental Protection Authority Act 2011 Part 3 s 52 23 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 http://legislation.govt.nz/pdflink.aspx?id=LMS23442 http://legislation.govt.nz/pdflink.aspx?id=LMS23706 http://legislation.govt.nz/pdflink.aspx?id=DLM137587 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM391468 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719062 http://legislation.govt.nz/pdflink.aspx?id=DLM3719302 nomic Development under the contract become the rights, liabilities, and entitlements of the EPA; and (b) anything done, or omitted to be done, or that is to be done, by, or in rela‐ tion to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and (c) the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceed‐ ings. Part 4 Minor and consequential amendments 53 Consequential amendments (1) The Acts listed in Schedule 1 are amended in the manner set out in that sched‐ ule. (2) The regulations made under the Climate Change Response Act 2002 listed in Schedule 2 are amended in the manner set out in that schedule. (3) The regulations made under the Hazardous Substances and New Organisms Act 1996 listed in Schedule 3 are amended in the manner set out in that sched‐ ule. 54 Minor amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 is amended in the manner set out in Schedule 4. 55 Minor amendments to Ozone Layer Protection Regulations 1996 The Ozone Layer Protection Regulations 1996 are amended in the manner set out in Schedule 5. Part 4 s 53 Environmental Protection Authority Act 2011 Version as at 28 October 2021 24 http://legislation.govt.nz/pdflink.aspx?id=DLM158583 http://legislation.govt.nz/pdflink.aspx?id=DLM381221 http://legislation.govt.nz/pdflink.aspx?id=DLM381221 http://legislation.govt.nz/pdflink.aspx?id=DLM271700 http://legislation.govt.nz/pdflink.aspx?id=DLM217750 Schedule 1 Amendments to other Acts consequential on disestablishment of ERMA s 53(1) Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87) Section 13(1)(b): omit “Environmental Risk Management Authority” and substitute “Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Biosecurity Act 1993 (1993 No 95) Definition of Authority in section 2: repeal and substitute: Authority means the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011 Civil Aviation Act 1990 (1990 No 98) Section 34(1)(b)(ii): repeal and substitute: (ii) the Environmental Protection Authority, established by section 7 of the Environmental Protection Authority Act 2011, about the contents of any rules that relate to the transportation of hazardous substances as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996. Crown Entities Act 2004 (2004 No 115) Part 1 of Schedule 1: insert in its appropriate alphabetical order: Name Exemption from acquisition of securities, borrowing, guarantee, and derivative rules Exemption from section 165 (net surplus payable to Crown) S 161 S 162 S 163 S 164 Environmental Protection Authority Part 2 of Schedule 1: omit the item relating to the Environmental Risk Management Authority. Fire Service Act 1975 (1975 No 42) Section 21(1): omit “Environmental Risk Management Authority” and substitute “Environmental Protection Authority”. Section 21(4A): omit and substitute: (4A) Before making any recommendation under subsection (4) that relates to haz‐ ardous substances, the Commission must consult the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 1 25 http://legislation.govt.nz/pdflink.aspx?id=DLM415077 http://legislation.govt.nz/pdflink.aspx?id=DLM314629 http://legislation.govt.nz/pdflink.aspx?id=DLM216362 http://legislation.govt.nz/pdflink.aspx?id=DLM331114 http://legislation.govt.nz/pdflink.aspx?id=DLM331118 http://legislation.govt.nz/pdflink.aspx?id=DLM433205 http://legislation.govt.nz/pdflink.aspx?id=DLM433205 Food Act 1981 (1981 No 45) Section 42(2A): omit “shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996” and substitute “must consult the Environmental Protection Authority estab‐ lished by section 7 of the Environmental Protection Authority Act 2011”. Gas Act 1992 (1992 No 124) Section 54(6): omit “shall consult with the Environmental Risk Management Author‐ ity established under the Hazardous Substances and New Organisms Act 1996” and substitute “must consult the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011”. Health Act 1956 (1956 No 65) Section 122(6): omit “shall consult with the Environmental Risk Management Authority established under that Act” and substitute “must consult the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Health and Safety in Employment Act 1992 (1992 No 96) Section 20(12): omit “Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996” and substitute “Environ‐ mental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Section 21(3): omit “shall consult with the Environmental Risk Management Author‐ ity established under the Hazardous Substances and New Organisms Act 1996” and substitute “must consult the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011”. Medicines Act 1981 (1981 No 118) Definition of ERMA in section 2: repeal and substitute: EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011 Section 20(6A): omit “Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996” and substitute “EPA”. Section 24A(b): omit “ERMA” and substitute “the EPA”. Section 24B: omit “ERMA” in each place where it appears and substitute in each case “the EPA”. Ombudsmen Act 1975 (1975 No 9) Schedule 1, Part 2: omit “The Environmental Risk Management Authority” and sub‐ stitute “The Environmental Protection Authority”. Schedule 1 Environmental Protection Authority Act 2011 Version as at 28 October 2021 26 http://legislation.govt.nz/pdflink.aspx?id=DLM51340 http://legislation.govt.nz/pdflink.aspx?id=DLM286529 http://legislation.govt.nz/pdflink.aspx?id=DLM308445 http://legislation.govt.nz/pdflink.aspx?id=DLM279270 http://legislation.govt.nz/pdflink.aspx?id=DLM279280 http://legislation.govt.nz/pdflink.aspx?id=DLM53795 http://legislation.govt.nz/pdflink.aspx?id=DLM55054 http://legislation.govt.nz/pdflink.aspx?id=DLM55094 http://legislation.govt.nz/pdflink.aspx?id=DLM55096 http://legislation.govt.nz/pdflink.aspx?id=DLM431204 Radiation Protection Act 1965 (1965 No 23) Section 12(2A): omit “shall be given to the Environmental Risk Management Author‐ ity established under that Act” and substitute “must be given to the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Terrorism Suppression Act 2002 (2002 No 34) Definition of duly authorised military device in section 4: omit “Environmental Risk Management Authority” and substitute “Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Section 13B(3)(a): omit “Environmental Risk Management Authority” and substitute “Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011”. Transport Act 1962 (1962 No 135) Section 199(8): omit “shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996” and substitute “must consult the Environmental Protection Authority estab‐ lished by section 7 of the Environmental Protection Authority Act 2011”. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 1 27 http://legislation.govt.nz/pdflink.aspx?id=DLM373115 http://legislation.govt.nz/pdflink.aspx?id=DLM152400 http://legislation.govt.nz/pdflink.aspx?id=DLM152730 http://legislation.govt.nz/pdflink.aspx?id=DLM344887 Schedule 2 Consequential amendments to regulations under Climate Change Response Act 2002 s 53(2) Climate Change (Agriculture Sector) Regulations 2010 (SR 2010/335) Regulation 4 and the heading to regulation 4: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010 (SR 2010/213) Regulation 6: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 7: omit “chief executive” and substitute “EPA”. Regulation 8: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 9: omit “chief executive” and substitute “EPA”. Regulation 10: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Climate Change (Forestry Sector) Regulations 2008 (SR 2008/355) Regulation 6: omit “chief executive” and substitute “EPA”. Regulation 7 and the heading to regulation 7: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 8: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 10: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 12: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 18: omit “chief executive” and substitute “EPA”. Forms 1 and 2 of Schedule 3: omit “(chief executive)” and substitute in each case “(authorised signatory)”. Heading to Schedule 5: omit “chief executive” and substitute “EPA”. Climate Change (Liquid Fossil Fuels) Regulations 2008 (SR 2008/356) Definition of unique emissions factor in regulation 3(1): omit “chief executive” and substitute “EPA”. Regulation 3(2): omit “chief executive” and substitute “EPA”. Schedule 2 Environmental Protection Authority Act 2011 Version as at 28 October 2021 28 http://legislation.govt.nz/pdflink.aspx?id=DLM3253055 http://legislation.govt.nz/pdflink.aspx?id=DLM3087520 http://legislation.govt.nz/pdflink.aspx?id=DLM3087521 http://legislation.govt.nz/pdflink.aspx?id=DLM3087522 http://legislation.govt.nz/pdflink.aspx?id=DLM3087523 http://legislation.govt.nz/pdflink.aspx?id=DLM3087524 http://legislation.govt.nz/pdflink.aspx?id=DLM1633793 http://legislation.govt.nz/pdflink.aspx?id=DLM1633794 http://legislation.govt.nz/pdflink.aspx?id=DLM1633746 http://legislation.govt.nz/pdflink.aspx?id=DLM1633713 http://legislation.govt.nz/pdflink.aspx?id=DLM1633749 http://legislation.govt.nz/pdflink.aspx?id=DLM1633754 http://legislation.govt.nz/pdflink.aspx?id=DLM1634015 http://legislation.govt.nz/pdflink.aspx?id=DLM1634016 http://legislation.govt.nz/pdflink.aspx?id=DLM1633728 http://legislation.govt.nz/pdflink.aspx?id=DLM1635606 http://legislation.govt.nz/pdflink.aspx?id=DLM1635606 Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 (SR 2009/285) Definition of chief executive in regulation 3(1): revoke. Definition of unique emissions factor in regulation 3(1): omit “chief executive” and substitute “EPA”. Regulation 3(5): omit “chief executive” and substitute “EPA”. Regulation 5 and heading to regulation 5: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Climate Change (Unique Emissions Factors) Regulations 2009 (SR 2009/286) Definition of chief executive in clause 3(1): revoke. Regulation 4: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 5 and heading to regulation 5: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 6: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 7(1): omit “chief executive” and substitute “EPA”. Regulation 9(1): omit “chief executive” and substitute “EPA”. Regulation 13(1): omit “chief executive” and substitute “EPA”. Regulation 14(1): omit “chief executive” and substitute “EPA”. Regulation 18(1): omit “chief executive” and substitute “EPA”. Regulation 25: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 26 and heading to regulation 26: omit “chief executive” and substitute in each case “EPA”. Regulation 27: omit “chief executive” and substitute “EPA”. Regulation 28: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 29: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 30: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 31: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 32: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 2 29 http://legislation.govt.nz/pdflink.aspx?id=DLM2393488 http://legislation.govt.nz/pdflink.aspx?id=DLM2393488 http://legislation.govt.nz/pdflink.aspx?id=DLM2393488 http://legislation.govt.nz/pdflink.aspx?id=DLM2394272 http://legislation.govt.nz/pdflink.aspx?id=DLM2378407 http://legislation.govt.nz/pdflink.aspx?id=DLM2378453 http://legislation.govt.nz/pdflink.aspx?id=DLM2378454 http://legislation.govt.nz/pdflink.aspx?id=DLM2378455 http://legislation.govt.nz/pdflink.aspx?id=DLM2378458 http://legislation.govt.nz/pdflink.aspx?id=DLM2378463 http://legislation.govt.nz/pdflink.aspx?id=DLM2378477 http://legislation.govt.nz/pdflink.aspx?id=DLM2378480 http://legislation.govt.nz/pdflink.aspx?id=DLM2378492 http://legislation.govt.nz/pdflink.aspx?id=DLM2378510 http://legislation.govt.nz/pdflink.aspx?id=DLM2378511 http://legislation.govt.nz/pdflink.aspx?id=DLM2378512 http://legislation.govt.nz/pdflink.aspx?id=DLM2378513 http://legislation.govt.nz/pdflink.aspx?id=DLM2378514 http://legislation.govt.nz/pdflink.aspx?id=DLM2378515 http://legislation.govt.nz/pdflink.aspx?id=DLM2378516 http://legislation.govt.nz/pdflink.aspx?id=DLM2378517 Climate Change (Unique Emissions Factors) Regulations 2009 (SR 2009/286)— continued Regulation 33: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Regulation 34: omit “chief executive” in each place where it appears and substitute in each case “EPA”. Climate Change (Unit Register) Regulations 2008 (SR 2008/357) Regulation 6A(1) and (3): omit “chief executive” and substitute in each case “EPA”. Heading to regulation 13: omit “chief executive” and substitute “EPA”. Regulation 13: omit “chief executive responsible for Part 2 of the Act” and substitute “EPA”. Climate Change (Waste) Regulations 2010 (SR 2010/338) Regulation 5(1): omit “chief executive” in each place where it appears and substitute in each case “EPA”. Schedule 2 Environmental Protection Authority Act 2011 Version as at 28 October 2021 30 http://legislation.govt.nz/pdflink.aspx?id=DLM2378518 http://legislation.govt.nz/pdflink.aspx?id=DLM2378519 http://legislation.govt.nz/pdflink.aspx?id=DLM2647513 http://legislation.govt.nz/pdflink.aspx?id=DLM1313036 http://legislation.govt.nz/pdflink.aspx?id=DLM1313036 http://legislation.govt.nz/pdflink.aspx?id=DLM3249525 Schedule 3 Consequential amendments to regulations under Hazardous Substances and New Organisms Act 1996 s 53(3) Hazardous Substances and New Organisms (Methodology) Order 1998 (SR 1998/217) Clause 1 of Schedule: omit “under clause 43 of Schedule 1 of the Act” and substitute “by the Authority”. Clause 6 of Schedule: revoke and substitute: 6(1) The Authority may appoint a committee under clause 14 of Schedule 5 of the Crown Entities Act 2004 to advise it on any matter relating to its responsibil‐ ities under Part 5 of the Act. (2) The Authority may seek the advice of the Māori Advisory Committee estab‐ lished by section 18 of the Environmental Protection Authority Act 2011 on issues that may arise in taking into account the matters referred to in sections 6(d) and 8 of the Act. Hazardous Substances (Compressed Gases) Regulations 2004 (SR 2004/43) Definition of Authority in regulation 3: omit and substitute: Authority means the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011 Hazardous Substances (Emergency Management) Regulations 2001 (SR 2001/123) Definition of Authority in regulation 3(1): omit and substitute: Authority means the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011 Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003 (SR 2003/176) Definition of Authority in regulation 3: omit and substitute: Authority means the Environmental Protection Authority established by sec‐ tion 7 of the Environmental Protection Authority Act 2011 Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 3 31 http://legislation.govt.nz/pdflink.aspx?id=DLM254576 http://legislation.govt.nz/pdflink.aspx?id=DLM254576 http://legislation.govt.nz/pdflink.aspx?id=DLM244068 http://legislation.govt.nz/pdflink.aspx?id=DLM43179 http://legislation.govt.nz/pdflink.aspx?id=DLM198687 Schedule 4 Amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 s 54 Regulation 4 Insert in its appropriate alphabetical order: Act means the Imports and Exports (Restrictions) Act 1988 Definition of Minister: revoke. Regulation 7 Revoke and substitute: 7 When Stockholm chemical other than waste may be exported (1) A person may export a Stockholm chemical (other than waste) from New Zea‐ land if the EPA grants the person a permit authorising the export of the chem‐ ical. (2) The EPA must grant a permit authorising the exportation of the Stockholm chemical if— (a) the chemical is exported to— (i) a State that is a Stockholm Party and that is permitted to use the chemical under Annex A or B of the Stockholm Convention; or (ii) a State that is not a Stockholm Party and that has provided an annual certification to New Zealand; and (b) the chemical is exported in accordance with New Zealand’s obligations under the Stockholm Convention. (3) Despite subclause (2), the EPA may refuse to grant a permit if section 3BC of the Act applies. Regulation 9 Subclauses (1) and (3): omit “Minister has consented to” and substitute “EPA grants a permit authorising”. Subclauses (2) and (4): omit “Minister may” and substitute “EPA must”. Add: (5) Despite subclauses (2) and (4), the EPA may refuse to grant a permit if section 3BC of the Act applies. Regulation 10 Subclause (1): omit “Minister has consented to” and substitute “EPA grants a permit authorising”. Schedule 4 Environmental Protection Authority Act 2011 Version as at 28 October 2021 32 Regulation 10—continued Subclause (2): omit “Minister may” and substitute “EPA must”. Add: (3) Despite subclause (2), the EPA may refuse to grant a permit if section 3BC of the Act applies. Regulation 11 Subclause (1): revoke and substitute: (1) A person may export hazardous waste or household waste (including waste that is, or contains, a Stockholm chemical) from New Zealand if the EPA grants the person a permit authorising the export of the waste. Subclause (2): omit “Minister may consent to the exportation of any hazardous waste or household waste if—” and substitute “EPA must grant the permit if—”. Subclause (3): omit “Minister may consent to” and substitute “EPA must grant a per‐ mit authorising”. Add: (5) Despite subclauses (2) and (3), the EPA may refuse to grant a permit if section 3BC of the Act applies. Regulation 13 Subclause (1): revoke and substitute: (1) A person may import hazardous waste or household waste if the EPA grants a permit authorising the importation. Subclause (2): omit “Minister may consent to” and substitute “EPA must grant a per‐ mit authorising”. Add: (3) Despite subclause (2), the EPA may refuse to grant a permit if section 3BC of the Act applies. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 4 33 Schedule 5 Amendments to Ozone Layer Protection Regulations 1996 s 55 Regulation 2 Insert in its appropriate alphabetical order: EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011 Definition of Minister: revoke. Regulation 5 Revoke and substitute: 5 Conditional prohibition on importation of methyl bromide (1) The importation into New Zealand of methyl bromide is prohibited. (2) Despite subclause (1), methyl bromide may be imported into New Zealand if it is imported— (a) from a party or a complying country; and (b) under the authority of a quarantine and pre-shipment permit granted under regulation 7. Regulation 6 Revoke. Regulation 7 Subclause (1): revoke and substitute: (1) A wholesaler may apply to the EPA in the approved form for a permit to import methyl bromide for quarantine or pre-shipment applications. Subclause (2)(b): omit “Minister” and substitute “EPA”. Subclause (4)(b): omit “Minister” and substitute “EPA”. Regulation 8 Revoke and substitute: 8 Conditional prohibition on importation of HCFCs (1) The importation into New Zealand of HCFCs is prohibited. (2) Despite subclause (1), an HCFC may be imported into New Zealand if it is imported— (a) from a party or a complying country; and (b) under the authority of— Schedule 5 Environmental Protection Authority Act 2011 Version as at 28 October 2021 34 Regulation 8—continued (i) a base year permit granted under regulation 9; or (ii) a special permit granted under regulation 9A; or (iii) a wholesaler permit granted under regulation 11. Regulation 9 Subclause (1): revoke and substitute: (1) A person may apply to the EPA on the approved form for a base year permit to import HCFCs. Subclause (3): omit “Minister” and substitute “EPA”. Regulation 9A Subclause (1): revoke and substitute: (1) A person may apply to the EPA in the approved form for a special permit to import HCFCs. Subclause (2)(e): revoke and substitute: (e) evidence of adverse economic or social impacts (if any) that may occur if the EPA does not grant a special permit for HCFCs to the applicant. Regulation 10 Revoke. Regulation 11 Subclauses (1) and (2): revoke and substitute: (1) This regulation applies to a wholesaler who distributes HCFCs throughout New Zealand. (1A) The wholesaler may apply to the EPA in the approved form for a wholesaler permit to import HCFCs. (1B) The application must be made no later than 1 December in any year for a per‐ mit for the following year. (2) The EPA may issue wholesaler permits not exceeding a total of 2.5 ODP tonnes of HCFCs in a year, divided as far as practicable as the EPA considers fair among the applicants for the permits. Regulation 12(2) Omit “Minister” and substitute “EPA”. Regulation 13 Subclause (1): revoke and substitute: (1) The EPA may grant a permit subject to terms and conditions. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 5 35 Regulation 13—continued Subclauses (2), (2A), (3), and (4): omit “Minister” and substitute in each case “EPA”. Regulation 14(2) and (3) Omit “Minister” and substitute in each case “EPA”. Regulation 17(1) and (2) Omit “The Minister may, in his or her discretion,” and substitute in each case “The EPA may”. Regulation 18 Revoke and substitute: 18 Re-allocation of entitlement (1) This regulation applies if a person’s entitlement to a permit is cancelled or reduced under regulation 17. (2) The EPA may reallocate the entitlement to another person subject to terms and conditions. (3) Any person may apply in the approved form for an allocation of the entitle‐ ment. Regulation 22 Omit “methyl bromide,” and substitute “methyl chloroform,”. Regulation 23 Subclause (3): revoke and substitute: (3) A person may apply to the EPA in the approved form for an export permit for a bulk controlled substance other than a substance specified in regulation 22. Subclauses (5) and (6): omit “Minister” and substitute in each case “EPA”. Regulation 28(1) Omit “Minister” and substitute “EPA”. Regulation 29 Omit “Minister” and substitute “EPA”. Regulation 30 Omit “Minister” and substitute “EPA”. Regulation 31 Omit “Minister” in each place where it appears and substitute in each case “EPA”. Schedule 5 Environmental Protection Authority Act 2011 Version as at 28 October 2021 36 Regulation 33 Subclause (1): omit “Every application for an exemption shall be made in writing to the Minister and shall—” and substitute “An application for an exemption must be made to the EPA in the approved form and must—”. Subclauses (1)(d) and (2): omit “Minister” and substitute in each case “EPA”. Regulation 34(2)(a) Omit “Minister’s” and substitute “EPA’s”. Regulation 35(2) Revoke and substitute: (2) The EPA may revoke an exemption if it is satisfied that— (a) the holder of the exemption has made a false declaration or statement, or provided false or incorrect information, to the EPA in relation to the holder’s application for an exemption; or (b) the holder of the exemption has not used the exempted substances or goods for the purpose for which the exemption was given; or (c) the reason for granting the exemption no longer applies. Regulation 37 Omit “Minister” and substitute “EPA”. Regulation 38(3)(b) Omit “Minister” and substitute “EPA”. Regulation 39 Omit “for the Environment”. Regulation 40 Omit “Minister” in each place where it appears and substitute in each case “EPA”. Subclause (4)(b)(i): omit “Minister’s” and substitute “EPA’s”. Regulation 41(1) Omit “Minister” and substitute “EPA”. Regulation 42 Subclause (2)(a) and (b): omit “Minister” and substitute “EPA”. Regulation 43 Heading: omit “Minister” and substitute “EPA”. Subclause (1): omit “Minister appealed against under regulation 41 shall continue” and substitute “EPA appealed against under regulation 41 continues”. Version as at 28 October 2021 Environmental Protection Authority Act 2011 Schedule 5 37 Notes 1 General This is a consolidation of the Environmental Protection Authority Act 2011 that incorporates the amendments made to the legislation so that it shows the law as at its stated date. 2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presump‐ tion applies unless the contrary is shown. Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version. A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version. 3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations. 4 Amendments incorporated in this consolidation Secondary Legislation Act 2021 (2021 No 7): section 3 Urban Development Act 2020 (2020 No 42): section 300 Public Service Act 2020 (2020 No 40): section 135 Privacy Act 2020 (2020 No 31): section 217 Resource Legislation Amendment Act 2017 (2017 No 15): sections 123, 285 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72): section 174 Environmental Protection Authority Act Commencement Order (No 2) 2011 (SR 2011/321) Environmental Protection Authority Act Commencement Order 2011 (SR 2011/193) Wellington, New Zealand: Published under the authority of the New Zealand Government—2021 Notes Environmental Protection Authority Act 2011 Version as at 28 October 2021 38 http://legislation.govt.nz/pdflink.aspx?id=DLM7298365 http://legislation.govt.nz/pdflink.aspx?id=DLM7298371 http://www.pco.govt.nz/editorial-conventions/ http://legislation.govt.nz/pdflink.aspx?id=LMS268932 http://legislation.govt.nz/pdflink.aspx?id=LMS291480 http://legislation.govt.nz/pdflink.aspx?id=LMS176959 http://legislation.govt.nz/pdflink.aspx?id=LMS23706 http://legislation.govt.nz/pdflink.aspx?id=DLM6669356 http://legislation.govt.nz/pdflink.aspx?id=DLM7132790 http://legislation.govt.nz/pdflink.aspx?id=DLM3956365 http://legislation.govt.nz/pdflink.aspx?id=DLM3995000 http://legislation.govt.nz/pdflink.aspx?id=DLM3755000