VICIn ForceAct
Environment Protection Act 2017
251Powers on entry
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251 Powers on entry
(1) An authorised officer who enters a place or premises under this Division may do or cause to be done any thing or action the authorised officer reasonably believes is necessary for the purpose of performing a function or duty or exercising a power under this Act.
(2) Without limiting subsection (1), an authorised officer who enters a place or premises under this Division may do all or any of the following that the authorised officer reasonably believes is necessary for the purpose of performing a function or duty or exercising a power under this Act—
(a) inspect, examine and make enquiries about a thing at the place or premises;
(b) take and remove samples of a substance or thing at the place or premises;
(c) carry out testing and examination;
(d) take photographic, audio, video or any other type of recording;
(e) examine, copy or take extracts from a document;
(f) inspect, examine or test any plant, equipment, vehicle, or other thing;
(g) bring equipment or materials to the place or premises;
(h) seize and remove a thing connected with a suspected contravention of this Act or the regulations;
(i) request the assistance of a person at the place or premises;
(j) take any other action.
(3) For the purposes of subsection (2)(c) and (f), an authorised officer may carry out or cause to be carried out any testing and examination of a thing, including testing of a thing that results in the destruction of that thing.
(4) An authorised officer must take reasonable steps to—
(a) minimise disruption caused by entry and inspection of a place or premises and of taking any action under this section; and
(b) ensure the authorised officer does not remain at a place or premises any longer than is reasonably necessary.
S. 252 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).