Environment Protection Act 1993

Subject to this Division, an authorised officer may—

enter and inspect any place or vehicle for any reasonable purpose connected with the administration or enforcement of this Act;

with the authority of a warrant issued under this Division or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any

give directions with respect to the stopping or movement of a vehicle as reasonably required in connection with the administration or enforcement of this Act;

take and remove samples of any substance or thing from any place or vehicle for analysis as reasonably required in connection with the administration or enforcement of this Act;

require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act;

examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;

take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;

examine or test any plant, equipment, vehicle or other thing as reasonably required in connection with the administration or enforcement of this Act, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;

seize and retain, or issue a seizure order in respect of, anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;

take onto or into any place or vehicle, and use, any equipment or apparatus (such as drilling, boring, earth-moving, testing, measuring, photographic, film, audio, video or other recording equipment or apparatus) as reasonably required in connection with the administration or enforcement of this Act;

require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity;

require a person holding or required to hold an environmental authorisation to produce it for inspection;

give any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.

An authorised officer may not exercise the power of entry under this section in respect of premises except where—

the premises are business premises being used at the time in the course of business; or

the authorised officer reasonably suspects that—

a contravention of this Act has been, is being, or is about to be, committed in the premises; or

something may be found in the premises that has been used in, or constitutes evidence of, a contravention of this Act; or

the exercise of the power is reasonably required for the purposes of assessing the existence or causes of known or suspected site contamination;

construction, demolition, excavation or other earthworks, or any activity carried out in preparation for construction, demolition, excavation or other earthworks, is being or has been carried on at the premises and—

the works or activity has or may have disturbed, uncovered or produced waste or pollutants of a kind prescribed by regulation;

a potentially contaminating activity of a kind prescribed by regulation has previously taken place there.

An authorised officer may not exercise the power to enter or inspect, or to seize, a vehicle except—

in relation to a vehicle of a class prescribed by regulation;

where the authorised officer reasonably suspects that—

a contravention of this Act has been, is being, or is about to be, committed in relation to the vehicle; or

something may be found in or on the vehicle that has been used in, or constitutes evidence of, a contravention of this Act.

Where—

a person whose native language is not English is suspected of having committed an offence against this Act; and

the person is not reasonably fluent in English, the following provisions apply:

the person is entitled to be assisted by an interpreter during any questioning conducted by an authorised officer in the course of an investigation of the suspected offence;

where it appears that the person may be entitled to be assisted by an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter;

if the person requests the assistance of an interpreter, an authorised officer must not proceed with any questioning, or further questioning, until an interpreter is present.

In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.

An authorised officer may require an occupier of any place or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.

Where a person gives assistance to an authorised officer as required under subsection (6), the person must, if he or she so requires, be reimbursed by the authorised officer or the Authority for any reasonable costs and expenses incurred in giving the assistance.

An authorised officer appointed by a council may only exercise powers under this Act—

within the area of the council; and

within the area of any other council to the extent agreed to, in writing, by the other council.

Where the exercise of a power under this section (other than a power exercised with the authority of a warrant) results in any damage, the

In this section—