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Environment Protection Act 2019
163General powers of environmental officers
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163 General powers of environmental officers
(1) Subject to section 164, an environmental officer may do any of the
(a) enter any land or premises;
(b) move any vehicle;
(c) inspect any land or premises and anything on the land or
(d) search any land or premises entered and anything found
there;
(e) take photographs and make sketches or other records of land
or premises or things found on land or premises;
(f) take photographs of any person on or in land or premises;
(g) make recordings in any medium, including audio, visual and
audio-visual recordings, of land or premises or things found on
(h) inspect and take copies of documents and records;
(i) seize any documents and any equipment required to access
any documents;
(j) dig up any land;
(k) operate any equipment;
(l) bring equipment or materials on to the land or premises and
install and maintain equipment or materials;
(m) measure anything, or take samples of anything on land or
(n) examine or test any equipment or machinery or other thing;
(o) require a person to produce for inspection an environmental
approval, environmental (mining) licence or environmental
audit report or a document of a class prescribed by regulation
or a copy of the document;
(p) require a relevant person to:
(i) provide the person's name, address and date of birth
and evidence of these; and
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(ii) if the relevant person is acting as a member of a
partnership – provide the name and address and
telephone number of any other partner in the
partnership; and
(iii) if the relevant person is acting as a member of the
committee of management of an unincorporated body –
provide the name and address and telephone number of
any other member of the committee of management;
(q) require a person on the land or premises to give the
environmental officer reasonable assistance to exercise or
perform the environmental officer's powers or functions
including:
(i) operate any computer or other equipment; and
(ii) provide any access or assistance to access any
computer or other equipment or any service;
(r) authorise a person to provide assistance to an environmental
officer in the exercise or performance of the environmental
officer's powers or functions;
(s) do any other act or thing necessary for, or incidental to, the
exercise of a power mentioned in this Division.
associated person, of a person, means:
(a) if the person is a member of a partnership – a partner of the
person; or
(b) if the person is a member of and acting on behalf of an
unincorporated body – a member of the committee of
management of the body; or
(c) an employee, agent, licensee, contractor or subcontractor of
the person or of a partnership or body mentioned in
(a) a person who is on, or in the vicinity of, the land or premises;
or
(b) a person who the environmental officer reasonably suspects is
travelling to or from the land or premises; or
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(c) a person who the environmental officer reasonably suspects is
the owner or occupier of the land or premises; or
(ca) a person who the environmental officer reasonably suspects is
the mining operator if the land or premises is part of a mining
site; or
(d) a person who the environmental officer reasonably suspects is
a person who is under investigation for a suspected
contravention of this Act; or
(e) a person who the environmental officer reasonably suspects is
a person who is an associated person of a person mentioned
in paragraph (c) or (d).