Dangerous Substances Act 2004

For this Act, an inspector may—

at any reasonable time, enter premises that the inspector believes, on reasonable grounds, are—

premises used in relation to the handling of dangerous substances; or

premises where there are documents relating to the handling of dangerous substances or plant or a system for handling dangerous substances; or

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

at any time, enter premises with the consent of a person in charge of the premises; or

enter premises in accordance with a search warrant; or

at any time, enter premises if the inspector believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a search warrant.

Premises includes any land, structure or vehicle and any part of an area of land, a structure or vehicle (see dict).

However, subsection (1) (a) does not authorise entry into a part of premises that is being used only for residential purposes unless that part of the premises is being used in relation to the handling of dangerous substances.

For subsection (1), an inspector may stop and detain a vehicle that the inspector believes, on reasonable grounds—

is carrying dangerous substances; or

contains documents relating to the handling of dangerous substances or plant or a system for handling dangerous substances.

For subsection (3), the inspector—

may direct the driver of the vehicle to move the vehicle to a place (or another place) to which the public has access; and

may exercise the inspector’s powers in relation to the vehicle at the place; and

must not detain the vehicle for longer than is reasonably necessary to exercise the inspector’s powers under this chapter.

An inspector may, without the consent of a person in charge of premises, enter the land around the premises to ask for consent to enter the premises.

To remove any doubt, an inspector may enter premises under subsection (1) without payment of any entry fee or other charge.

For subsection (1) (e), the inspector may enter the premises with any necessary assistance and force.

In this section:

for subsection (1) (a) (i)—during normal business hours or any other time when the premises are being used in relation to the handling of dangerous substances; or

for subsection (1) (a) (ii)—during normal business hours; or

for subsection (1) (b)—when the public is entitled to use the premises, or when the premises are open to or used by the public, whether or not on payment of money.