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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 92 Powers of authorized officers and council officers

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 92

PART 7 - Miscellaneous and Supplemental Division 1 - Powers of authorized officers and council officers Powers of authorized officers and council officers

(1)  Subject to this Division, an authorized officer or a council officer may –
(a) enter and inspect any place or vehicle for any reasonable purpose connected with the administration or enforcement of this Act; and
(b) with the authority of a warrant issued under this Division or in circumstances in which the officer reasonably believes that serious or material environmental harm has been, or is likely to be, caused, use reasonable force to break into or open any part of, or anything in or on, any place or vehicle; and
(c) give directions for the stopping or movement of a vehicle as reasonably required in connection with the administration or enforcement of this Act; and
(d) take samples as reasonably required of any air, soil, sand, rock, water, other solid or liquid substance or any other thing from any place or vehicle for analysis in connection with the administration or enforcement of this Act; and
(e) 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; and
(f) 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; and
(g) take photographs, films or audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; and
(h) examine or test any plant, equipment, vehicle or other thing for the purpose of determining whether a provision of this Act is being, or has been, complied with, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; and
(i) seize and retain, or issue a seizure order in respect of, anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and
(j) require a person whom the officer reasonably suspects has committed, is committing or is about to commit a contravention of this Act or a permit or major project permit under the Land Use Planning and Approvals Act 1993 to state the person's full name and usual place of residence and to produce evidence of the person's identity; and
(k) require a person whom the 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; and
(ka) direct, orally or in writing –
(i) a person whom the officer reasonably believes has committed, is committing or is likely to commit an offence under section 53 ; or
(ii) where the identity of that person cannot be readily ascertained or confirmed, the occupier or person apparently in charge of a place or vehicle at, in or in relation to which the officer reasonably believes such an offence has been committed, is being committed or is likely to be committed –
to cease committing, or to not commit, that offence; and
(l) give any directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration or enforcement of this Act.
(1A)  Without limiting the powers set out in subsection (1) , an authorized officer or council officer may exercise any of those powers for the prevention or investigation of offences under this Act or the regulations.
(2)  An authorized officer or a council officer may not exercise the power of entry under this section except where –
(a) the occupier of the place consents to the entry; or
(b) the entry is authorized by a warrant; or
(c) in the case of a public place, the entry is made when the place is open to the public; or
(d) the entry is made when the officer believes on reasonable grounds that an environmentally relevant activity has been or is being carried out, or that the place is or may be a contaminated site, and–
(i) the officer has reasonable grounds for believing that an offence against this Act has been, is being or is about to be committed; or
(ii) the place is open for conduct of business; or
(iii) the place is otherwise open for entry.
(3)  If the entry is made to residential premises in the circumstances referred to in subsection (2)(d)(i) , and none of the exceptions referred to in paragraph (a) , (b) and (c) of subsection (2) and paragraph (d)(ii) or (iii) of that subsection apply, the entry must be made at a time that is reasonable.
(4)  An authorized officer or a council officer who is seeking to exercise powers under this Act must, when reasonably required by any person, produce evidence of identification and authorization.
(5)  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 –
(a) the person is entitled to be assisted by an interpreter during any questioning conducted by an authorized officer or a council officer in the course of an investigation of the suspected offence; and
(b) where it appears that the person may be entitled to be assisted by an interpreter, the officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter; and
(c) if the person requests the assistance of an interpreter, the officer must not proceed with any questioning, or further questioning, until an interpreter is present.
(6)  In the exercise of powers under this Act an authorized officer or a council officer may be assisted by such persons as he or she considers necessary in the circumstances.
(7)  An authorized officer or a council 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 officer or a person assisting the officer such assistance as is reasonably required by the officer for the effective exercise of powers conferred by this Act.
(8)  In this section, residential premises has the same meaning as in section 53 .