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 461]

                      (ii) if necessary, to remain in control of the vehicle at
                           the place for a reasonable time;
                      to enable the authorised person to exercise the powers
                      mentioned in paragraphs (a) to (g).
          (2)   However, subsection (1)(e) does not apply to an authorised
                person who enters land to conduct a preliminary investigation
                or site investigation.
          (3)   If, for any reason, it is not practicable to make a requirement
                under subsection (1)(i) by written notice, the requirement may
                be made orally and confirmed by written notice as soon as
                practicable.
          (4)   Nothing in this section prevents an authorised person making
                a further requirement under subsection (1)(i) of the same
                person or another person in relation to the same vehicle if it is
                necessary and reasonable to make the further requirement.
          (5)   An authorised person may not enter a part of a vehicle used
                only as a living area, or exercise a power under subsection
                (1)(a) to (g) in relation to that part, unless the authorised
                person is accompanied by the person in control of the vehicle.
          (6)   Subsection (5) does not apply if the person in control of the
                vehicle is unavailable or unwilling to accompany the
                authorised person or the authorised person is unable for
                another reason to comply with the subsection.
          (7)   This section does not apply to an authorised person who
                enters a place to get the occupier’s consent unless the consent
                is given or the entry is otherwise authorised.
          (8)   This section does not limit any power that an authorised
                person has apart from this section.

461        Power to seize evidence
          (1)   An authorised person who enters a place under this chapter
                with a warrant may seize the evidence for which the warrant
                was issued.
Page 398                                                 Current as at 20 February 2014