Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 December 2015 to 26 January 2016 (accessed 9 August 2020 at 02:15) Current version
Part 6 Division 1C Subdivision 1
Subdivision 1 Preliminary
119A   Definitions
In this Division:
authorised fire officer means an authorised fire officer within the meaning of section 121ZC.
investigation authority means:
(a)  a council, in relation to an investigation officer appointed by the council, or
(b)  the Secretary, in relation to any other investigation officer.
investigation officer means a person appointed as an investigation officer under this Division by the Secretary (a departmental investigation officer) or by a council (a council investigation officer).
investigation purpose means a purpose for which a power may be exercised under this Division.
occupier of premises means the person who has the management or control of the premises (including a tenant or other lawful occupant who is not the owner).
records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).
this Act includes the regulations.
119B   Appointment of investigation officers
(1)  The Secretary or a council may appoint persons (including any class of persons) as investigation officers for the purposes of this Division.
Note.
 Because of the definition of investigation officer, a person appointed by the Secretary becomes a departmental investigation officer and a person appointed by the council becomes a council investigation officer.
(2)  A person’s appointment as an investigation officer may be made generally, or made subject to conditions or restrictions or only for limited purposes.
(3)  A person’s appointment as an investigation officer is to be made by written instrument (in the case of an individual appointment) or by notice published on the NSW planning portal or in the Gazette (in the case of the appointment of a class of persons).
(4)  Every investigation officer is to be provided by the investigation authority with an identification card as an investigation officer.
(5)  If persons of a class are appointed as investigation officers, they need not be provided with an identification card if the investigation authority is satisfied that they possess adequate identification as persons of that class.
119C   Purposes for which powers under Division may be exercised
(1)  A departmental investigation officer may exercise powers under this Division for any of the following purposes:
(a)  enabling the Minister or the Secretary to exercise their functions under this Act,
(b)  determining whether there has been compliance with or a contravention of this Act, including any instrument, consent, approval or any other document or requirement issued or made under this Act,
(c)  obtaining information or records for purposes connected with the administration of this Act,
(d)  generally for administering this Act.
(2)  A council investigation officer may exercise powers under this Division for any of the following purposes:
(a)  enabling a council to exercise its functions under this Act,
(b)  at the request of the Commissioner of Fire and Rescue NSW, determining whether or not adequate provision for fire safety has been made in or in connection with a building.
(3)  Nothing in this Division affects any function under any other provision of this Act or under any other Act.