New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 118BA

118BA Power of authorised persons to require answers and record evidence

(1) A person authorised to enter premises under this Division ( "an authorised person") may require an accredited certifier, a person carrying out building work or subdivision work or any other person whom the authorised person suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required to enable the council concerned to exercise its functions under this Act to answer questions in relation to those matters.

(2) An authorised person may require a corporation to nominate a director or officer of the corporation who is authorised to represent the corporation for the purposes of answering questions under this section.

(3) An authorised person may, by notice in writing, require a person referred to in subsection (1) to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.

(4) The place and time at which a person may be required to attend under subsection (3) is to be:

(a) a place and time nominated by the person, or

(b) if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the authorised person that is reasonable in the circumstances.

(5) An authorised person may cause any questions and answers to questions given under this section to be recorded if the authorised person has informed the person who is to be questioned that the record is to be made.

(6) A record may be made using sound recording apparatus or audio visual apparatus, or any other method determined by the authorised person.

(7) A copy of any such record must be provided by the authorised person to the person who is questioned as soon as practicable after it is made.

(8) A record may be made under this section despite the provisions of any other law.