97—Obtaining of information on non-compliance with order or condition of
environmental authorisation
(a)
fails to furnish information as required by—
(i)
an information discovery order; or
(ii)
a condition of an environmental authorisation; or
(b)
being required by such an order or condition to furnish information, furnishes
information that is inaccurate or incomplete,
the Authority or, in the case of an information discovery order issued by
another administering agency, that administering agency may take such action
as is reasonably required to obtain the information.
(2) Any action to be
taken by the Authority or another administering agency under
subsection (1) may be taken by an authorised officer acting on behalf of
the Authority or other administering agency or by other persons authorised by
the Authority or other administering agency for the purpose.
(3) Where a person
other than an authorised officer is authorised to take action under
subsection (1), the following provisions apply:
(a)
the Authority or other administering agency must issue the person with an
instrument of authority;
(b) the
person may exercise such powers of an authorised officer as are reasonably
required for the purpose of taking action under that subsection;
(c) the
provisions of this Act apply in relation to the exercise of such powers by the
person in the same way as in relation to an authorised officer;
(d) the
person must produce the instrument of authority for the inspection of any
person in relation to whom the person intends to exercise powers of an
authorised officer.
(4) The reasonable
costs and expenses incurred by the Authority or another administering agency
in taking action under this section may be recovered by the Authority or other
administering agency (as the case may be) as a debt from the person whose
failure gave rise to the action.