89BGeneral powers of inspectors

89B General powers of inspectors (1) An inspector may enter the following land and premises: (a) any land comprised in, proposed to be comprised in, or previously comprised in, a petroleum interest; (b) any land affected, or apparently or potentially affected, by operations or activities for which a permit or licence is, or was, required under this Act; (c) any premises used for or in connection with any operations or activities for which a permit or licence is, or was, required under this Act; (d) any land or premises if the entry is authorised by a search warrant. (2) On entering land or premises under this Act an inspector may do any of the following: (a) inspect or examine the land or premises and anything on the land or premises; (b) make inquiries of a person present on the land or premises; (c) search the land or premises and anything found there; (d) inspect any operations or activities conducted on the land or premises; (e) take photographs and make sketches or other records; Petroleum Act 1984 94 (f) make recordings in any medium, including audio, visual and audio-visual recordings; (g) dig up land; (h) operate or test any equipment; (i) examine or test any infrastructure or other thing; (j) measure anything, or take and remove for analysis a sample of any substance or thing; (k) bring equipment or materials on to the land or premises and use, install and maintain equipment or materials. (3) An inspector may do any of the following: (a) require a person on land or premises entered under subsection (1) to give the inspector reasonable assistance to perform or exercise the inspector's functions or powers including: (i) to operate any computer or other equipment; and (ii) to provide any access or assistance to access any computer or other equipment or any service; (b) require a person to produce any document that may be relevant to operations or activities for which a permit or licence is required under this Act, or a copy of such a document, for inspection; (c) inspect and take copies of a document; (d) seize any documents and any equipment required to access any documents; (e) require a person to provide the person's name, address and date of birth and evidence of these if: (i) the person is on, or in the vicinity of, land or premises that may be inspected under this section; or (ii) the inspector reasonably suspects the person is travelling to or from land or premises that may be inspected under this section; or (iii) the inspector reasonably suspects the person is the owner or occupier of any land or premises; or Petroleum Act 1984 95 (iv) the inspector reasonably suspects the person is under investigation for a suspected contravention of this Act; (f) require a person at the land or premises to answer reasonable questions related to an inspection of the land or premises; (g) authorise a person to provide assistance to an inspector in the performance or exercise of the inspector's functions or powers; (h) operate a drone or other device over any land comprised in, proposed to be comprised in, or previously comprised in, a petroleum interest; (i) do any other act or thing necessary for, or incidental to, the exercise of a power mentioned in this section. (4) An inspector may, with the approval of the CEO: (a) by notice signed by the inspector, require the attendance of a person at a time and place specified in the notice; and (b) require a person who appears as the result of the notice to produce any document and to answer any questions that may be relevant to the administration, operation or enforcement of (5) Without limiting any other power, if an inspector is satisfied that there are reasonable grounds for suspecting that an offence against this Act was, is being or is about to be committed, the inspector may (without warrant), and with such assistance as the inspector thinks necessary: (a) seize or secure any thing that the inspector believes, on reasonable grounds, was, is being or is about to be used in connection with the commission of that offence or proposed offence; and (b) take such other action as is reasonably necessary to prevent the commission of an offence against this Act. (6) An entry may be made under subsection (1) with, or without, the consent of the owner or occupier of the land or premises. (7) An inspector may use reasonable force in exercising a power under subsection (1) or (2). Petroleum Act 1984 96 (8) Despite anything to the contrary in this Division, an inspector must not enter or exercise inspection or search powers in relation to any part of premises that are used for residential purposes except in the following circumstances: (a) the owner or occupier consents to the entry, inspection or search; (b) the entry is authorised by a search warrant under Subdivision 3.