New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 206A

206A Powers relating to vehicles suspected of transporting industrial chemicals or environmentally hazardous chemicals

(1) An authorised officer who suspects on reasonable grounds that an industrial chemical or an environmentally hazardous chemical is being transported by, or is situated in a container being transported by, a vehicle or vessel may--

(a) if the vehicle or vessel is moving--direct that the vehicle or vessel be stopped, and

(b) take, for the purpose of examination or testing, samples of a substance being transported, and

(c) detain the vehicle or vessel for the time necessary to take the samples.

(2) If the authorised officer suspects on reasonable grounds that the substance and a vehicle, vessel or container being used to transport the substance has been or is being used in connection with an offence against this Act or the regulations, the authorised officer may do one or more of the following--

(a) seize and remove the substance and the vehicle, vessel or container,

(b) direct the occupier of the place where the substance is seized to keep the substance in that place,

(c) direct the owner of the substance to keep the substance in a place under the control of the occupier or owner that will, in the officer's opinion, least endanger the environment,

(d) give directions for, or in relation to, the detention of the substance, vehicle, vessel or container.

(3) Sections 199A- 202 extend to the exercise of functions under this section.