Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 460

460 General powers for places and vehicles

(1) An authorised person who enters a place, or enters or boards a vehicle, under this chapter may—

(a) search any part of the place or vehicle; or

(b) inspect, examine, test, measure, photograph or film the place or vehicle or anything in or on the place or vehicle; or

(c) take samples of any contaminant, substance or thing in or on the place or vehicle; or

(d) record, measure, test or analyse the release of contaminants into the environment from the place or vehicle; or

(e) take extracts from, or make copies of, any documents in or on the place or vehicle; or

(f) take into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for the purpose of exercising any powers in relation to the place or vehicle; or

Example of equipment—

an unmanned aerial vehicle or other remotely controlled device capable of recording images, video, sounds or data

(g) install or maintain any equipment and materials in or on the place or vehicle the authorised person reasonably requires for the purpose of conducting a monitoring program for the release of contaminants into the environment from the place or vehicle; or

(h) require the occupier of the place, or any person in or on the place or vehicle, to give to the authorised person reasonable help for the exercise of the powers mentioned in paragraphs (a) to (g) ; or

(i) if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person—

(i) to take the vehicle to a stated reasonable place by a stated reasonable time; and

(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.