New South Wales Consolidated Acts

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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 207

Power to require articles to be tested or inspected

207 Power to require articles to be tested or inspected

(1) An authorised officer may, by notice in writing, require the owner or person in possession of an article specified in the notice to have the article tested or inspected, within the time so specified, for the purpose of determining whether the article complies with the requirements of this Act or the regulations.
(2) Any such notice may require the article--
(a) to be tested or inspected at a specified place (being a place within 80 kilometres of the owner's or person's residence or place of business), or
(b) to be tested or inspected by or in the presence of an authorised officer, or
(c) to be tested or inspected at a place approved by the EPA by a person approved by the EPA.
(3) Any such notice may be revoked or varied by a further notice given by an authorised officer.
(4) The regulations may make provision for or with respect to the approval by the EPA of--
(a) the places at which articles are to be tested or inspected for the purposes of this section, and
(b) the persons who may carry out any such testing or inspection.
(5) Without limiting subsection (4), the regulations may make provision for or with respect to the following--
(a) the issue, transfer, conditions, variation, surrender, review, suspension or revocation of an approval (including applications for the issue, transfer, variation or surrender of approvals) for the purposes of this section,
(b) the maximum fee that may be charged with respect to the testing or inspection of an article under subsection (2) (c).



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