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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 18 October 2019 at 22:53)
Chapter 7 Part 2
Part 2 Other enforcement powers
Division 1 Preliminary
337   Purposes for which powers under Part may be exercised
(1)  Powers may be exercised under this Part for any of the following purposes:
(a)  for determining whether there has been compliance with or a contravention of this Act or the regulations or any access licence, approval, notice or requirement issued or made under this Act,
(b)  for obtaining information or records for purposes connected with the administration of this Act,
(c)  generally for administering this Act and protecting the environment.
(2)  In this Part, a reference to this Act or the regulations extends to the Water Act 1912 and the regulations under that Act.
(3)  For the purpose of applying this Part to the Water Act 1912 and the regulations under that Act, references to this Act in section 390 of this Act, and in the definition of authorised officer in the Dictionary to this Act, extend to the Water Act 1912 and the regulations under that Act.
337A   Effect on other functions
Nothing in this Part affects any function under any other provision of this Act or under any other Act.
337B   Extended meaning of “occupier”
In this Part, occupier, in relation to land, includes any person having the care, control or management of the land.
Division 2 Powers to require information or records
338   Application of Division
This Division applies whether or not a power of entry under Division 3 is being or has been exercised.
338A   Powers of authorised officers to require information and records
(1)  The Minister may, by notice in writing given to a person, require the person to furnish to the Minister such information or records (or both) as he or she may require for the purposes of this Act.
(2)  An authorised officer may, by notice in writing given to a person, require the person to furnish to the officer such information or records (or both) as he or she may require for the purposes of this Act.
(3)  A notice under this Division must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.
(4)  A notice under this Division may only require a person to furnish existing records that are in the person’s possession or that are within the person’s power to obtain lawfully.
(5)  The person to whom any record is furnished under this Division may take copies of it.
(6)  If any record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.
Note.
 See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.
338B   Power of authorised officers to require answers
(1)  An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of this Act to answer questions in relation to those matters.
(2)  The Minister may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.
(3)  Answers given by a person nominated under subsection (2) bind the corporation.
(4)  An authorised officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.
(5)  The place and time at which a person may be required to attend under subsection (4) is to be:
(a)  a place or time nominated by the person, or
(b)  if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the authorised officer that is reasonable in the circumstances.
Note.
 See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.
338C   Recording of evidence
(1)  An authorised officer may cause any questions and answers to questions given under this Division to be recorded if the officer has informed the person who is to be questioned that the record is to be made.
(2)  A record may be made using sound recording apparatus or audio visual apparatus, or any other method determined by the authorised officer.
(3)  A copy of any such record must be provided by the authorised officer to the person who is questioned as soon as practicable after it is made.
(4)  A record may be made under this section despite the provisions of any other law.
338D   Power of authorised officers to demand name and address
(1)  An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have committed, or to be committing, an offence against this Act or the regulations to state his or her full name and residential address.
(2)  An authorised officer may request a person who is required under this section to state his or her full name and residential address to provide proof of the name and address. It is not an offence to fail to comply with any such request.
(3)  A person who, being required to do so under this section:
(a)  refuses to state his or her name or residential address, or
(b)  states a name or residential address that in the opinion of the authorised officer is false,
may without any other warrant than this Act be apprehended by the authorised officer and taken before a Magistrate or court officer to be dealt with according to law.
(4)  A Magistrate or court officer before whom a person is taken under subsection (3) may make a bail decision under the Bail Act 2013 in respect of the person.
(5)  If the person has not been charged with an offence, the Bail Act 2013 applies as if the person were accused of an offence.
(6)  For the purpose of applying the Bail Act 2013, a court officer has the same functions as an authorised justice under that Act.
(7)  In this section:
court officer means an authorised officer under the Criminal Procedure Act 1986.
Division 3 Powers of entry and search of premises
339   Powers of authorised officers to enter premises
(1)  An authorised officer may enter any premises at any reasonable time.
(2)  A power to enter premises conferred by this Act authorises entry by foot, by vehicle, vessel or aircraft or by any other means.
(3)  Entry may be effected under this Act by an authorised officer with the aid of such police officers as the authorised officer considers necessary and with the use of reasonable force.
(4)  Entry may be effected to any premises with the authority of a search warrant under section 339C.
339A   Entry into residential premises only with permission or warrant
This Division does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant under section 339C.
339B   Powers of authorised officers to do things at premises
(1)  An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Part, including (but not limited to) the things specified in subsection (2).
(2)  An authorised officer may do any or all of the following:
(a)  examine and inspect any works,
(b)  take and remove samples,
(c)  make such examinations, inquiries and tests as the authorised officer considers necessary,
(d)  take such photographs, films, audio, video and other recordings as the authorised officer considers necessary,
(e)  require records to be produced for inspection,
(f)  examine and inspect any records,
(g)  copy any records,
(h)  seize anything that the authorised officer has reasonable grounds for believing is connected with an offence against this Act or the regulations,
(i)  for the purposes of paragraph (h), direct the occupier of the premises where the thing is seized to retain it at those premises or at another place under the control of the occupier,
(j)  do any other thing the authorised officer is empowered to do under this Part.
(3)  The power to seize anything connected with an offence includes a power to seize:
(a)  a thing with respect to which the offence has been committed, and
(b)  a thing that will afford evidence of the commission of the offence, and
(c)  a thing that was used for the purpose of committing the offence.
(4)  In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.
339C   Search warrants
(1)  An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for the issue of a search warrant if the authorised officer under this Act believes on reasonable grounds that:
(a)  a provision of this Act or the regulations is being or has been contravened at any premises, or
(b)  there is in or on any premises matter or a thing that is connected with an offence under this Act or the regulations.
(2)  An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer under this Act named in the warrant:
(a)  to enter the premises, and
(b)  to exercise any function of an authorised officer under this Division.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4)  In this section:
matter or a thing connected with an offence means:
(a)  a matter or a thing with respect to which the offence has been committed, or
(b)  a matter or a thing that will afford evidence of the commission of an offence, or
(c)  a matter or a thing that was used, or is intended to be used, for the purpose of committing the offence.
offence includes an offence that there are reasonable grounds for believing has been, or is to be, committed.
339D   Authorised officers may request assistance
A person may accompany an authorised officer and take all reasonable steps to assist an authorised officer in the exercise of the authorised officer’s functions under this Division if the authorised officer is of the opinion that the person is capable of providing assistance to the authorised officer in the exercise of those functions.
339E   Assistance to be given to authorised officers
(1)  This section applies for the purpose of enabling an authorised officer to exercise any of the powers of an authorised officer under this Division in connection with any premises.
(2)  The Minister may, by notice in writing given to the owner or occupier of the premises, require the owner or occupier to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner.
(3)  Assistance and facilities can be required under this section, whether they are of the same kind as, or a different kind from, any prescribed by the regulations.
Note.
 See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.
339F   Care to be taken
In the exercise of a power of entering or searching premises under this Division, the authorised officer must do as little damage as possible.
339G   Compensation
The Minister must compensate all interested parties for any damage caused by the authorised officer in exercising a power of entering premises (but not any damage caused by the exercise of any other power), unless the occupier obstructed or hindered the authorised officer in the exercise of the power of entry.
Division 4 General
340   Identification
(1)  Every authorised officer is to be provided with evidence of his or her authority as an authorised officer.
(2)  In the course of exercising the functions of an authorised officer, the officer must, if requested to do so by any person affected by the exercise of any such function, produce to the person the officer’s evidence of authority.
340A   Offences
(1)  A person must not, without lawful excuse, neglect or fail to comply with a requirement made of the person under this Part.
Tier 2 penalty.
(2)  A person must not furnish any information or do any other thing in purported compliance with a requirement made under this Part, knowing that it is false or misleading in a material respect.
Tier 2 penalty.
(3)  A person must not threaten, hinder, obstruct or delay an authorised officer in the exercise of the authorised officer’s powers under this Part.
Tier 2 penalty.
(4)  A person must not impersonate an authorised officer.
Tier 2 penalty.
340B   Provisions relating to requirements to furnish records, information or answer questions
(1)  A person is not guilty of an offence of failing to comply with a requirement under this Part to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
(2)  A person is not excused from a requirement under this Part to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
(3)  However, any information furnished or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.
(4)  Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
(5)  Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Part is not inadmissible on the ground:
(a)  that the record or information had to be furnished or the answer had to be given, or
(b)  that the record or information furnished or answer given might incriminate the person.
(6)  This section extends to a requirement under this Part to state a person’s name and address.
340C   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 Minister or by the person who gave it.
Note.
 See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.
340D   Extraterritorial application
An order, direction or notice may be given under this Chapter to a person in respect of a matter even though the person is outside the State or the matter occurs or is located outside the State, so long as the matter affects a matter to which this Act relates.