Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 43

Powers of inspectors

43. Powers of inspectors



(1) An inspector may for the purpose of ascertaining whether or not the
provisions of this Act or the regulations have been or are being complied
with-

   (a)  enter, inspect and examine at all reasonable times by day or night any
        quarry or any place where the inspector reasonably believes an
        extractive industry is being carried out which the inspector considers
        it necessary to enter, inspect and examine for that purpose;

   (b)  enter any quarry at any time when the inspector is under this Act or
        the regulations requested or required to attend at the quarry;

   (c)  in accordance with this section, take such equipment or materials as
        may be required;

   (d)  make such examination and inquiry as may be necessary to ascertain
        whether or not this Act or the regulations have been complied with;

   (e)  examine any plant, substance or other thing whatsoever at the quarry;





   (f)  in accordance with this section, take or remove without payment any
        samples of any such substance or thing that may be required for
        analysis;

   (g)  in accordance with this section, take possession of any such plant or
        thing for further examination or testing or for use as evidence;

   (h)  take photographs or measurements or make sketches or recordings;

        (i)    require the production of, examine and take copies of any
               document or any part of any document;

   (j)  direct that the quarry or any part of the quarry be left undisturbed
        for any period not exceeding 48 hours that the inspector considers
        necessary;

   (k)  require a person to whom this paragraph applies to state his or her
        full name and address and to produce evidence of its correctness if
        the inspector suspects on reasonable grounds that a name or address so
        stated is false;

   (l)  exercise any other powers that may be necessary or that are conferred
        upon the inspector by this Act or the regulations.

(2) Subsection (1)(k) applies to-

   (a)  a person found committing an offence against this Act or the
        regulations; and

   (b)  a person whom the inspector believes on reasonable grounds has
        committed an offence against this Act or the regulations; and

   (c)  a person whose name and address are in the opinion of the inspector
        reasonably required.

(3) An inspector may not take samples of a substance or thing or seize any
equipment or materials or take possession of any plant or thing that appears
to the inspector to be in the possession or custody of a person unless the
inspector makes out and tenders to the person a receipt in the prescribed form
for the sample taken or plant, substance, materials or thing seized.

(4) An inspector must not exercise any powers under this section if the
inspector fails to produce, on request, his or her identity card for
inspection by the occupier of the quarry or place.

(5) If an inspector proposes to take a sample, the inspector must-

   (a)  advise the owner, if possible, prior to taking the sample that it is
        obtained for the purpose of analysis; and

   (b)  divide the sample into 3 parts and give 1 part to the owner, send 1
        part for analysis and retain 1 part untouched for future comparison.

(6) The holder of a work authority and the quarry manager must allow an
inspector access to the quarry and give the inspector any assistance that he
or she may require to enable him or her to carry out his or her duties.