Dangerous Substances Act 2004
148Power to take action to prevent etc imminent risk
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148 Power to take action to prevent etc imminent risk (1) This section applies if an inspector believes, on reasonable grounds that— (a) there is an imminent risk of serious harm to a person, or of substantial damage to property or the environment, in relation to a dangerous substance at premises or from plant or a system for handling a dangerous substance at the premises; and (b) it is necessary for the inspector to take action without delay to prevent or minimise the risk. Note 2 Premises includes any land, structure or vehicle and any part of an area (2) This section applies even if an inspector has given a responsible person for the premises an improvement or prohibition notice in relation to the premises and the time for complying with the notice has not ended. (3) The inspector may take the action the inspector believes, on reasonable grounds, is necessary to prevent or minimise the risk. (4) For subsection (3), the inspector may enter the premises with any
(5) In deciding the action to be taken, the inspector must, to the extent that is reasonably practicable, consult with a person in charge of the premises and the work health and safety commissioner. (6) The action an inspector may take includes asking someone the inspector believes, on reasonable grounds, has appropriate knowledge and experience to help the inspector prevent or minimise the risk. (7) If an inspector asks someone to help under subsection (6), the person is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent or minimise the risk. (8) The power to enter premises under this section is additional to the powers under section 142 (General power to enter premises).