New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 198

198 Powers of authorised officers to do things at premises

(1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Chapter, including (but not limited to) the things specified in subsection (2).

(2) An authorised officer may do any or all of the following--

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

(b) take and remove samples,

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

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

(e) require records to be produced for inspection,

(f) examine and inspect any records,

(g) copy any records,

(h) seize anything the authorised officer reasonably suspects--

(i) is connected with an offence against this Act or the regulations, or

(ii) may present a risk of harm to human health or the environment,

(h1) for the purposes of paragraph (h), direct the occupier of the premises where the thing is seized to retain it at those premises or at another place under the control of the occupier,

(i) do any other thing the authorised officer is empowered to do under this Chapter.

(3) 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.