New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 281

281 Powers of police after entry by warrant

(1) Limited powers If a police officer enters any premises under a warrant granted under section 280 for the purpose of giving a noise abatement direction or investigating whether a noise abatement direction has been contravened, the police officer may--

(a) take only such action at the premises as is reasonably necessary--

(i) to give the noise abatement direction or investigate whether such an offence has been committed, and

(ii) to exercise any power under subsection (2) or any lawful power to arrest a person, and

(b) remain at the premises only as long as is reasonably necessary to take that action.

(2) Giving of names and addresses may be required If a police officer believes on reasonable grounds that offensive noise is being emitted from any premises or offensive noise has, within the past 7 days, been emitted from any premises, the police officer may require any person--

(a) whom the police officer believes on reasonable grounds to be the occupier of the premises or to be, or to have been, causing or contributing to the emission of the offensive noise, and

(b) to whom the police officer has given an oral or written warning of that person's obligation to furnish the information under this Act,

to furnish the police officer with that person's name and address and with the name and address of the occupier of the premises if that person is not the occupier.

(3) Offences A person--

(a) who refuses or fails to comply with a requirement under subsection (2), or

(b) who, in purported compliance with a requirement under subsection (2), furnishes information that the person knows is false or misleading in a material particular,

is guilty of an offence.

: Maximum penalty--

(a) for an offence against paragraph (a)--

(i) for a corporation--$20,000, or

(ii) for an individual--$10,000, and

(b) for an offence against paragraph (b)--

(i) for a corporation--$40,000, or

(ii) for an individual--$20,000 or imprisonment for 18 months, or both.

(4) Defence A person is not guilty of an offence arising under subsection (3) (a) if the person proves that, in so far as the requirement was not complied with, the person was not capable of complying with it.