Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 92

92 .         Inspectors may require details of certain occupiers and others

        (1)         An inspector may by notice in writing require any person who appears to the inspector to be the occupier of any premises —

            (a)         on or from which there has been, is, or is likely to be, an emission; or

            (b)         on which any waste is being or is likely to be stored; or

            (c)         at or from which prescribed equipment or material is manufactured, sold or distributed for sale,

                to furnish to the inspector orally or, if so requested in that notice, in writing the name and address of any person who on a date specified in that notice was the occupier of those premises or any part thereof so specified or was in control of any equipment, trade, process, activity or material in those premises so specified.

        (2)         An inspector who finds a person committing an offence or who on reasonable grounds suspects that an offence has been committed or is about to be committed by a person may require the person —

            (a)         to give the name and address of the person to the inspector; and

            (b)         if the inspector suspects on reasonable grounds that a name or address so given is false, to produce evidence that the particulars are correct.

        (3)         If a person fails or refuses to comply with a requirement under subsection (2)(a), or gives a name or address that the inspector reasonably believes to be false, the inspector may require the person to stay with the inspector until the person can be delivered to a police officer to be dealt with according to law and, for that purpose, may detain the person.

        (4)         A person who —

            (a)         does not comply with a requirement made under subsection (1), (2) or (3); or

            (b)         gives a false name or address to an inspector,

                commits an offence.

        [Section 92 amended: No. 14 of 1998 s. 12 and 34; No. 54 of 2003 s. 59.]



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