Hazardous Substances and New Organisms Act 1996

103A Powers of entry for inspection relating to hazardous substances

(1)

Any enforcement officer may, at any reasonable time, for the purposes referred to in subsection (2),—

(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.

(2)

The purposes concerned are to—

(a)

monitor or enforce compliance with this Act and any conditions, controls, or requirements on any hazardous substance; or

(b)

determine the nature of any hazardous substance; or

(c)

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

(3)

For the purposes of this section, 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

(f)

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

(g)

require any person in charge of relevant premises to—

(i)

make statements, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; or

(ii)

produce information relevant to the purpose of the inspection, and take copies of the information or extracts from the information.

(4)

An enforcement officer may do any of the things referred to in subsection (3) whether or not—

(a)

the enforcement officer or the person whom the enforcement officer is dealing with has gone on, into, under, or over premises or a dwelling described in subsection (1)(a) or (b); or

(b)

in respect of any information, the information is—

(i)

on premises or in a dwelling that is described in subsection (1)(a) or (b); or

(ii)

in the place where the enforcement officer is; or

(iii)

in another place.

(5)

If any enforcement officer has taken any thing in accordance with subsection (3)(d), the enforcement officer must 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.

(6)

Within 5 working days of removing a thing, the enforcement officer must 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.

(7)

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

(a)

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

(b)

evidence of that person’s identity.

(8)

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

(9)

Nothing in this section limits or affects the privilege against self-incrimination.

(10)

In this section,—

information includes any document

relevant premises means premises where hazardous substances are located or that are used or are likely to be used for activities related to the manufacture, import, or supply of hazardous substances, including the keeping of documents related to those activities.

Section 103A: inserted, on 1 December 2017, by section 42 of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).