Hazardous Substances and New Organisms Act 1996

103 Powers of entry for inspection relating to new organisms

(1)

Any enforcement officer may, at any reasonable time,—

(a)

go on, into, under, and over any premises (excluding dwellings); or

(b)

with the consent of the occupier, go on, into, under, and over a dwelling—

for the purpose of inspection to—

(c)

monitor compliance with the conditions or controls on any new organism in any premises where a new organism approved under this Act is located; or

(d)

determine the nature of any organism in the premises; or

(e)

determine whether or not any person is complying with a compliance order.

(2)

For the purposes of subsection (1), an enforcement officer may—

(a)

take samples of water, air, soil, any substance, or any organism; and

(b)

open containers or packages (including secured or sealed containers or packages) to inspect the contents; and

(c)

take photographs and measurements and make sketches and recordings; and

(d)

take or remove any thing for analysis or testing; and

(e)

conduct examinations, tests, inquiries, demonstrations, and inspections; and

(ea)

require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and

(eb)

require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; and

(f)

require the production of any documents relevant to the purpose of the inspection; and

(g)

take copies of the documents or information or extracts from those documents or information.

(3)

Where any enforcement officer has taken any thing in accordance with subsection (2)(d), the enforcement officer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept.

(4)

Within 5 working days of removing the thing the enforcement officer shall give the person in charge of the premises written notice stating—

(a)

whether or not the thing will be returned or destroyed; and

(b)

either—

(i)

the time and date of the return of the thing to the premises; or

(ii)

the results of the analysis of the thing and why it is being destroyed.

(5)

Every enforcement officer exercising any of the powers conferred under this section shall, at the time of exercising that power, and thereafter on request, produce—

(a)

evidence of that person’s appointment as an enforcement officer; and

(b)

evidence of that person’s identity.

(6)

An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.

(7)

Nothing in this section shall limit or affect the privilege against self-incrimination.

Section 103 heading: amended, on 1 December 2017, by section 41(1) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 103(1)(a): amended, on 31 December 2000, by section 33(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(1)(c): amended, on 1 December 2017, by section 41(2) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 103(1)(c): amended, on 30 October 2003, by section 49 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 103(1)(d): amended, on 1 December 2017, by section 41(3) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 103(2)(c): substituted, on 31 December 2000, by section 33(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(2)(ea): inserted, on 31 December 2000, by section 33(3) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(2)(eb): inserted, on 31 December 2000, by section 33(3) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(6): substituted, on 31 December 2000, by section 33(4) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).