Contents (1999 - 80)
Pesticides Act 1999 No 80
Division 5 Miscellaneous
32 Multiple notices
More than one notice under a provision of this Part may be given to the same person.
33 Extraterritorial application
A notice may be given under this Part to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long as the matter or thing affects the environment of this State.
34 Revocation or variation
(1) A notice given under this Part may be revoked or varied by a subsequent notice or notices.(2) A notice may be varied by modification of, or addition to, its terms and specifications.(3) Without limiting the above, a notice may be varied by extending the time for complying with the notice.(4) A notice may only be revoked or varied by the Environment Protection Authority.
35 Power to enter land
(1) The Environment Protection Authority or a public authority may, by its employees, agents or contractors, enter any premises at any reasonable time for the purpose of exercising its functions under this Part.(2) For the purpose of entering or leaving any such premises, the power conferred by this section extends to entering other premises.(3) A power to enter premises conferred by this section authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.(4) Entry may be effected under this section by the Environment Protection Authority or a public authority with the aid of such authorised officers or police officers as the Environment Protection Authority or public authority considers necessary and with the use of reasonable force.(5) This section does not empower a person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under section 199 of the Protection of the Environment Operations Act 1997.Note.Chapter 7 of the Protection of the Environment Operations Act 1997, which contains a search warrant power, extends to the exercise of powers under this Act.
36 Obstruction of persons
A person who wilfully delays or obstructs:(a) a person who is carrying out any action in compliance with a notice under this Part, or another person authorised by the person to carry it out, oris guilty of an offence.(b) a public authority that is taking clean-up action under Division 2, or another person authorised by the authority to carry it out,Maximum penalty:(a) in the case of a corporation—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues, or(b) in the case of an individual—$60,000 and, in the case of a continuing offence, a further penalty of $30,000 for each day the offence continues.
37 False or misleading statements in reports
A person who in a report required under this Part and lodged with the Environment Protection Authority makes a statement that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty:(a) in the case of a corporation—$120,000, or(b) in the case of an individual—$60,000.