Waste Avoidance and Resource Recovery Act 2007

An inspector appointed under the EP Act section 88 may also be appointed under that section for the purposes of this Act.

For the purposes of this Act, an inspector has all the functions that the inspector has under the EP Act, and for those purposes any relevant reference in the EP Act to “this Act” is to be read and construed as if it were a reference to this Act.

In addition to the functions of an inspector under the EP Act, an inspector may at any time, and with any assistance the inspector may require, enter any premises prescribed for the purposes of the EP Act Part V on which waste is deposited or stored and on those premises may do any act or thing, including the collection and removal of samples, records or other things, which in the opinion of the inspector is necessary to be done for a waste inspection.

In subsection (3) —

to ascertain whether there has been compliance with this Act;

to gather information as to the composition of the waste;

to gather information as to the processing of the waste;

to gather information as to the transport of the waste;

to gather information as to any environmental harm arising, or likely to arise, from the waste;

to ascertain whether a liability to pay a levy or fee under this Act has been met;

to gather information relevant to ascertaining the amount of a levy or fee under this Act;

to audit records required to be kept under this Act;

to gather any information relevant to making a decision under this Act;

any other purpose relevant to the administration of this Act.

When an inspector exercises a power of entry under subsection (3), the inspector may do any or all of the following —

search the premises and examine anything on the premises;

take possession of, and remove from the premises, samples, documents or anything else relevant to the inspection;

take extracts from or make copies of, or download or print out, any documents found in the course of carrying out his or her functions under this Act;

photograph or film anything on the premises;

require any person who is on the premises —

to state his or her full name and address; and

to answer (orally or in writing) questions put by the inspector that are relevant to the inspection; and

to give the inspector any information in the person’s possession or control that is relevant to the inspection; and

to operate or allow the inspector to operate equipment or facilities on the premises for waste inspection purposes; and

to give the inspector any translation, code, password or other information necessary to gain access to or to interpret and understand any document or information located or obtained by the inspector in the course of exercising his or her functions under this Act; and

to give other assistance that the inspector reasonably requires to carry out the inspection.

A person who does not comply with a requirement under subsection (5)(e) commits an offence.