In force2020 Revised Edition

Contents

Environmental Protection and Management Act 1999 · 2020 Revised Edition · Part 11 · Enforcement

50. Powers of search and seizure

If the Director-General has reason to believe that any hazardous substance or toxic substance is being kept, stored, processed, treated, discharged or deposited, or air impurities are being emitted, or any hazardous substance or toxic substance or trade effluent is being discharged without his or her consent, the Director‑General or any authorised officer may —

(a)

search the premises and take possession of any substance found in the premises and reasonably believed to be or contain hazardous substances;

(b)

require the production of records, certificates, notices and documents relating or reasonably believed to relate to any dealing in or with hazardous substances or toxic substances, emission of air impurities or discharge of trade effluent or toxic substance wherever and by whomsoever kept and whether kept under the provisions of this Act or otherwise and take extracts therefrom;

(c)

take samples of any materials whether solid, liquid, gaseous or vapour found in the premises;

(d)

seal the samples and require the owner of the materials to send the samples to an analyst for analysis and bear any costs and expenses arising therefrom;

(e)

require the owner or analyst to submit the results of the analysis to the Director‑General;

(f)

take such photographs as he or she thinks necessary for the purposes of this Act; and

(g)

require any person whom he or she finds in the premises to produce his or her identity card or other identification papers for inspection for the purpose of an investigation or inquiry under this Act.

Terms defined in s 2

air impurities
Defined · s 2
“air impurities” includes smoke, cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances;
Open s 2
analysis
Defined · s 2
“analysis” includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining the characteristics of any matter or substance or the effects of any discharge, emission or deposit of trade effluent, air impurity or hazardous substance;
Open s 2
analyst
Defined · s 2
“analyst” means an analyst appointed or approved by the Director‑General;
Open s 2
authorised officer
Defined · s 2
“authorised officer” means any person appointed to be an authorised officer under section 3(2);
Open s 2
Director-General
Defined · s 2
“Director-General” means the Director‑General of Environmental Protection appointed under section 3(1);
Open s 2
hazardous substance
Defined · s 2
“hazardous substance” means any of the substances specified in the first column of Part I of the Second Schedule but does not include —(a)the substance when contained in any substance, preparation or product specified in the second column of that Part corresponding to that substance; or(b)the substance when contained in any substance, preparation or product specified in Part II of that Schedule;
Open s 2
premises
Defined · s 2
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;
Open s 2
toxic substance
Defined · s 2
“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting;
Open s 2
trade effluent
Defined · s 2
“trade effluent” means any liquid, either with or without particles of matter suspended in the liquid, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;
Open s 2

Report

Read on from s 50A

Part 12

Compensation, Damages, Fees, Costs and Expenses

Read on from Part 12

Part 13

Miscellaneous Provisions

Read on from Part 13

Schedules

Read on from Schedules