Australian Capital Territory Repealed Acts

This legislation has been repealed.

ORDINANCE 1984 - SECT 32

32. (1) The Authority or an inspector may, at any reasonable hour of the day or night, with such assistance as he thinks necessary, enter upon or into any premises (other than residential premises) specified in a licence.

(2) Where there are reasonable grounds for believing—

        (a)     that waste is being discharged from premises (other than residential premises) into waters of the Territory; and

        (b)     that the discharge of the waste is not authorized by a licence,

the Authority or an inspector may, with such assistance as he thinks necessary, enter the premises.

(3) Where the Authority or an inspector enters upon or into any premises in pursuance of sub-section (1) or (2), he is not authorized to remain on the premises if, on request by, or on behalf of, the occupier, or the person apparently in charge, of the premises, he does not produce the certificate issued to him under sub-section 7 (4) of the Air Pollution Ordinance 1984 or a certificate issued to him for the purposes of sub-section 7 (3), as the case requires.

(4) Where the Authority or an inspector enters premises in accordance with sub-section (1) or (2), he may—

        (a)     inspect the premises and any apparatus, equipment or substance on the premises;

        (b)     take samples of any substance on the premises that appears to the Authority or the inspector to be waste;

        (c)     take samples of any substance that appears to the Authority or the inspector—

              (i)     to be in the course of discharge from the premises into waters;

              (ii)     to be likely to be discharged from the premises into waters; or

              (iii)     to have been discharged from the premises into waters;

        (d)     conduct such tests and take such measurements as are necessary for the purpose of ascertaining whether the provisions of this Ordinance and the regulations are being, or have been, complied with;

        (e)     take such photographs as he considers necessary for the purposes of this Ordinance or the regulations; and

        (f)     require a person apparently in charge of the premises to supply his name and address.

(5) Where the Authority or an inspector takes a sample of a substance in pursuance of sub-section (4), he shall—

        (a)     divide the sample into two parts;

        (b)     place each of those parts in a container and seal the container;

        (c)     attach to each such container a label bearing the signature of the Authority or the inspector and particulars of the date and time when, and the place at which, the sample was taken; and

        (d)     deliver one such container to the person who appears to the Authority or the inspector to be, for the time being, in charge of the premises and the other container to an analyst appointed by the Minister for the purposes of this Ordinance.