Western Australian Current Acts Western Australian Current Acts (1) The CEO may
appoint a person to be an inspector for the purposes of this Act and, in
particular, for the purposes of —
(a)
taking measurements and collecting samples of any waste before, during or
after its discharge into the environment; and
(b)
inspecting, evaluating and analysing the records of monitoring and other
equipment and installations approved for detecting the presence, quantity and
nature of any waste and the effects of that waste on the portion of the
environment approved for receiving that waste; and
(c)
recording, measuring, testing or analysing noise, odour and electromagnetic
radiation emissions; and
(d)
inspecting, evaluating and analysing the records of monitoring and other
equipment and installations approved for detecting the presence, level and
other characteristics of noise, odour and electromagnetic radiation; and
(e)
ascertaining whether or not any circumstances, conditions, procedures or
requirements imposed by or under this Act are being complied with; and
(f)
performing such other functions as are conferred or imposed on the CEO by or
under this Act.
(2) Notwithstanding
anything in this Act but without limiting the generality of section 52 of the
Interpretation Act 1984 , the CEO may, when appointing an inspector under
subsection (1), limit the powers conferred on the inspector by or under this
Act by specifying in the authority issued to the inspector under subsection
(3) which of those powers the inspector is entitled to exercise, and that
limitation shall have effect according to its tenor.
(3) The CEO shall
cause to be issued to each inspector an authority in writing signed by the CEO
and bearing a photograph of that inspector.
(4) An inspector shall
produce the authority issued to the inspector under subsection (3) whenever
required to do so —
(a) by a
person in respect of whom the inspector has exercised, is exercising or is
about to exercise any of the powers —
(i)
which are conferred on the inspector by or under this
Act; and
(ii)
which the inspector is entitled to exercise;
or
(b) on
applying for admission to any premises or place which an inspector is
empowered by this Act to enter.
(5) The appointment of
a person under subsection (1) does not —
(a)
render Part 3 of the Public Sector Management Act 1994 , or any other Act
applying to persons as officers of the Public Service of the State, applicable
to the person; or
(b)
affect or prejudice the application to the person of any Act referred to in
paragraph (a) if it applied to the person at the time of the appointment.
(6) In subsection (1)
—
approved means approved by the CEO.
[Section 88 amended: No. 32 of 1994 s. 19; No. 54
of 2003 s. 140(2); No. 40 of 2020 s. 111(1).]