Section 38 — Environment Protection Enactment 2002

(1)

Every environmental enforcement officer may at all reasonable times and with reasonable cause go on, into, under or over any place, premise or structure, except a dwelling house, for the purpose of inspection to determine whether or not –

(a)

any of the provisions under this Enactment is being complied with; or

(b)

an abatement notice is being complied with.

(2)

For the purpose of subsection (1), an environmental enforcement officer may

–

(a)

take samples of water, air, soil or any organic matter;

(b)

take samples of any pollutant which is emitted, discharged or deposited or is likely to be or is of a class or kind that is usually emitted, discharged or deposited from such place, premise or structure;

(c)

take samples of any fuel used, or is likely to be used or usually in any trade, industry or process carried out in or on such place, premise or structure;

(d)

examine and inspect any equipment, control equipment, monitoring equipment or industrial plant or any produce;

(e)

examine any book, record or document relating to the performance or use of such equipment, control equipment, monitoring equipment or industrial plant or any produce; or

(f)

examine any book, record or document relating to the emission, discharge or deposit from such place, premise or structure.

(3)

If the owner or occupier of a premise which is subject to inspection is not present at the time of the inspection, the environmental enforcement officer shall leave in a prominent and conspicuous position at the premise or attach to the structure, a written notice showing the date and time of the inspection and the name of the environmental enforcement officer carrying out the inspection.

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(4)

The Director or any environmental enforcement officer may obtain from any governmental authority or any police station such assistance necessary for exercising such power under this section.

Authority to carry out any survey, etc.