MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
                                               Chapter 9 Investigation and enforcement
                            Part 2 Powers of authorised persons for places and vehicles

                                                                                [s 458]

        (4)   The magistrate may refuse to consider the application until the
              person gives the magistrate all information the magistrate
              requires about the application in the way the magistrate
              requires.
              Example—
                 The magistrate may require additional information supporting the
                 application to be given by statutory declaration.
        (5)   The magistrate may make an order under this section only if
              the magistrate is satisfied—
              (a)    for an order to carry out work mentioned in subsection
                     (1)(a), the entry sought is reasonable and necessary to
                     carry out the work; or
              (b)    for an order to take actions required under a clean-up
                     notice, the entry sought is reasonable and necessary to
                     take the actions; or
              (c)    for an order to enter the land and carry out a site
                     investigation—
                     (i)   the land is listed in the environmental management
                           register because it is contaminated land; and
                     (ii) the hazardous contaminant contaminating the land
                          is in a concentration that has the potential to cause
                          serious environmental harm; and
                     (iii) a person, animal or another part of the environment
                           may be exposed to the hazardous contaminant; and
                     (iv) the entry sought is reasonable and necessary to
                          conduct a site investigation of the land; or
              (d)    for an order to enter and conduct work to remediate the
                     land—the magistrate is satisfied the land is
                     contaminated and the entry sought is reasonable and
                     necessary to conduct work to remediate the land.
        (6)   The order must state—
              (a)    that an authorised person may, with necessary and
                     reasonable help and force, enter the land and conduct
Current as at 20 February 2014                                               Page 395