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 462]

        (2)   An authorised person who enters a place under this chapter
              with the occupier’s consent may seize the particular thing for
              which the entry was made if the authorised person believes on
              reasonable grounds that the thing is evidence of an offence
              against this Act.
        (3)   An authorised person who enters a place under this chapter
              with a warrant or with the occupier’s consent may also seize
              another thing if the authorised person believes on reasonable
              grounds—
              (a)    the thing is evidence of an offence against this Act; and
              (b)    the seizure is necessary to prevent the thing being—
                     (i)   concealed, lost or destroyed; or
                     (ii) used to commit, continue or repeat the offence.
        (4)   An authorised person who enters a place under this chapter
              other than with a warrant or with the occupier’s consent, or
              who enters or boards a vehicle, may seize a thing if the
              authorised person believes on reasonable grounds—
              (a)    the thing is evidence of an offence against this Act; and
              (b)    the seizure is necessary to prevent the thing being—
                     (i)   concealed, lost or destroyed; or
                     (ii) used to commit, continue or repeat the offence.

462      Procedure after seizure of evidence
        (1)   As soon as practicable after a thing is seized by an authorised
              person under this chapter, the authorised person must give a
              receipt for it to the person from whom it was seized.
        (2)   The receipt must describe generally each thing seized and its
              condition.
        (3)   If, for any reason, it is not practicable to comply with
              subsection (1), the authorised person must—
              (a)    leave the receipt at the place of seizure; and

Current as at 20 February 2014                                               Page 399