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MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 459]

                      the actions, investigation or work to remediate the land;
                      and
                (b)   the hours of the day when the entry may be made; and
                (c)   the day when the order ends.
          (7)   The magistrate must record the reasons for making the order.
          (8)   In this section—
                land includes a place to which a clean-up notice applies.

459        Entry or boarding of vehicles
          (1)   An authorised person may enter or board a vehicle if the
                authorised person has reasonable grounds for suspecting—
                (a)   the vehicle is being, or has been, used in the commission
                      of an offence against this Act; or
                (b)   the vehicle, or a thing in or on the vehicle, may provide
                      evidence of the commission of an offence against this
                      Act; or
                (c)   the vehicle is of a type prescribed by regulation and is
                      being used to transport waste of a type prescribed by
                      regulation; or
                (d)   if the vehicle is a train—the train is being used to
                      transport waste of a type prescribed by regulation.
          (2)   If the vehicle is moving or about to move, the authorised
                person may signal the person in control of the vehicle to stop
                the vehicle or not to move it.
          (3)   To enable the vehicle to be entered or boarded, the authorised
                person may—
                (a)   act with necessary and reasonable help and force; and
                (b)   require the person in control of the vehicle to give
                      reasonable help to the authorised person.




Page 396                                                 Current as at 20 February 2014
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