New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 45

45 Powers of authorised officers

(1) Subject to subsection (2), an authorised officer may enter:

(a) any premises used as a factory or any premises in or upon which an industry or trade is being carried on, at any time during which any manufacturing, industrial or trade process is being carried on in or upon the premises,

(b) any premises in or upon which the authorised officer reasonably suspects that an offence against this Act or the regulations is being or is likely to be committed, at any time, and

(c) any other premises, at any reasonable time,

with such assistants as the authorised officer considers necessary and if need be by the use of reasonable force, and may therein:

(d) examine any equipment or any plant or vehicles,

(e) make such examination and inquiry and such tests as the authorised officer considers necessary to ascertain whether the provisions of this Act or the regulations or of any requirement, direction, order or notice made or given under or pursuant to this Act or the conditions in force and attached to any licence or exemption under this Act are being or have been complied with,

(f) take such photographs as the authorised officer considers necessary in connection with the administration of this Act,

(g) subject to subsection (3), take without payment, for the purpose of examination or testing, samples of any substance that the authorised officer suspects on reasonable grounds to be an environmentally hazardous chemical or a declared chemical waste in respect of which an offence against this Act or the regulations has been or is being committed and, in exercising the power conferred by this paragraph, open any container or cause any container to be opened,

(h) subject to subsection (3), seize and remove any substance that the authorised officer suspects on reasonable grounds to be an environmentally hazardous chemical or a declared chemical waste in respect of which an offence against this Act or the regulations has been or is being committed and any container in which the substance is being kept or conveyed,

(i) take without payment, for the purpose of examination or testing, samples of any soil, water, vegetation or other thing from the premises, where the authorised officer suspects on reasonable grounds that the premises have become contaminated, within the meaning of Part 5, by being used for or in connection with the carrying on of any prescribed activity in relation to a chemical or a declared chemical waste,

(j) stop or detain a vehicle for such time as is reasonably necessary for the authorised officer to exercise any power conferred by this subsection,

(k) for the purposes of paragraph (h), direct the occupier of any place where the substance is seized, or the owner of the substance, to retain it in that place, or in a place under the control of the occupier or owner that will, in the opinion of the authorised officer, least endanger the environment, and

(l) give directions for or with respect to the detention of any substance or container that has been removed under paragraph (h).

(2) Subsection (1) does not empower an authorised officer to enter any dwelling or any land used in connection with any dwelling or to do anything within any dwelling or in or on any such land otherwise than under the authority of a search warrant issued under section 46.

(2A) An authorised officer who suspects on reasonable grounds that an environmentally hazardous chemical or a declared chemical waste is being conveyed by or is situated in a container being conveyed by a motor vehicle in a public place may:

(a) if the vehicle is moving, direct that it be stopped,

(b) take without payment, for the purpose of examination or testing, samples of any substance being so conveyed,

(c) detain the vehicle for such time as is necessary to take the samples,

(d) if the authorised officer suspects on reasonable grounds that the substance and any vehicle or container being used to convey it has been or is being used in connection with an offence against this Act or the regulations, seize and remove the substance and the vehicle or container,

(e) for the purposes of paragraph (d), direct the occupier of any place where the substance is seized, or the owner of the substance, to retain it in that place, or in a place under the control of the occupier or owner that will, in the opinion of the officer, least endanger the environment, and

(f) give directions for or with respect to the detention of any substance, vehicle or container that has been removed under paragraph (d).

(3) An authorised officer is not empowered:

(a) under subsection (1) (g) or (2A) (b)-to take a sample of any substance, or

(b) under subsection (1) (h) or (2A) (d)-to remove any substance or container,

that appears to the authorised officer to be in the custody of a person unless the authorised officer makes out and tenders to the person a receipt in or to the effect of the prescribed form.

(4) An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to be offending against this Act or the regulations to state the person’s full name and place of abode.

(5) Every authorised officer shall be provided with a certificate of appointment and, on applying for admission to any premises which the officer is empowered by this Act to enter, shall, if requested to do so, produce the certificate to the occupier of the premises.

(6) The Authority may, by notice in writing served on the occupier of any premises, require the occupier to provide such assistance and facilities as are specified in the notice within such time and in such manner as are specified in the notice, for the purpose of enabling an authorised officer to exercise the functions of an authorised officer under this Act.

(7) Any person:

(a) who wilfully delays or obstructs an authorised officer, or fails to comply with any requirement made under this section by an authorised officer, when exercising the powers of an authorised officer under this Act,

(b) who, in purported compliance with a requirement made under subsection (4), states a name that is not his or her name or a place of abode that is not his or her place of abode, or

(c) who, being the occupier of any premises:

(i) refuses to permit or to assist an authorised officer to perform or carry out the acts, matters or things, or any of the acts, matters or things, which an authorised officer is authorised to perform or carry out, or

(ii) refuses to comply with a requirement made under subsection (6),

is guilty of an offence against this Act and liable to a penalty not exceeding 50 penalty units.