South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 97

97—Obtaining of information on non-compliance with order or condition of environmental authorisation

        (1)         If a person—

            (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.



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