New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9.18

9.18 Powers of investigation officers to do things at premises

(cf previous s 119F)

(1) An investigation officer who lawfully enters premises may do anything that the officer thinks is necessary to be done for an investigation purpose, including (but not limited to) the following things--

(a) examine and inspect any works, plant or other article,

(b) take and remove samples,

(c) make such examinations, inquiries and tests as the officer thinks necessary,

(d) take such photographs, films, audio, video and other recordings as the officer thinks necessary,

(e) for the purpose of an inspection--

(i) open any ground and remove any flooring and take any measures that may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain, wire or fitting, and

(ii) require the opening, cutting into or pulling down of any work if the officer has reason to believe or suspect that anything on the premises has been done in contravention of this Act,

(f) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or marks,

(g) require records to be produced for inspection,

(h) examine and inspect any records,

(i) copy any records,

(j) seize anything that the officer has reasonable grounds for believing is connected with an offence against this Act,

(k) do any other thing the officer is empowered to do under this Division.

(2) The power to seize anything connected with an offence includes a power to seize--

(a) a thing with respect to which the offence has been committed, and

(b) a thing that will afford evidence of the commission of the offence, and

(c) a thing that was used for the purpose of committing the offence.

A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.