Site inspections

We appoint authorised officers to investigate, monitor and support compliance with environmental laws. This includes:

• Environment Protection Act 2017(opens in a new window)
• Pollution of Waters by Oil and Noxious Substances Act 1986
• Environment Protection Regulations 2021(opens in a new window).

Authorised officers perform their role by using the powers and functions granted and delegated to them under this legislation.

You must assist an authorised officer or allow others – such as your employees – to assist them.

Below is a summary of the powers that authorised officers have to enter, inspect and make inquiries. These powers are set out in Part 9.3 of the Environment Protection Act.

Power to enter and inspect

Under sections 246, 247 and 248 of the Environment Protection Act, our authorised officers can enter and inspect:

• any place or premises
• anywhere open to the public
• residential premises, under certain conditions.
  

They can enter and inspect these places or premises to:

• see if someone has broken environment protection laws
• see if you're complying with environment protection laws
• see if there's a risk of harm to human health or the environment from pollution, waste or contaminated land
• inspect or test equipment or a vehicle.
  

Times they can enter and inspect

Authorised officers can enter and inspect without a search warrant:

• at any reasonable time
• during hours when your premises is open to the public
• at any time, if they believe there's an immediate risk of pollution or waste damaging the environment or human health.
  

Residential premises

Authorised officers can enter and inspect a residential premises (where you live):

• if you agree (give consent)
• with a search warrant, or
• where they have a reasonable belief that an offence has occurred or there's an immediate risk to human health or the environment (in this case, they can only enter the necessary part of the residence).

They must take all reasonable steps to:

• let you know that they have arrived
• show you their identity card
• minimise disruption
• stay no longer than necessary.

Persons assisting authorised officers

Authorised officers can bring any person or persons to help them – for example, another EPA employee, a local council officer, a police officer or an interpreter.

They can ask any person to assist them, and you must allow this to happen.

Powers on entry

Authorised officers can do anything necessary to do their job. For example, they can:

• inspect anything
• test or sample substances
• take photographs
• record video or audio
• photocopy
• take (seize) items from your premises that are connected to suspected non-compliance with the Act
• ask for answers
• request information.

They can also ask you to produce documents. They can examine and/or keep these documents for as long as reasonably necessary.

The authorised officer must give you a written report about entering and inspecting your premises as soon as they can after the inspection.

Search warrants

If an authorised officer has a search warrant issued by the Magistrates Court, they can enter the place or premises listed in the warrant on one occasion to search for the thing named or listed in the warrant. Another person or persons can enter with them to assist.

Non-disturbance notices

An authorised officer can issue a non-disturbance notice if they reasonably believe it is necessary to do their job – for example, to stop the use or movement of plant, equipment or a substance.

The notice tells you how long it applies for (up to 7 days) and how to apply for a review of the notice.

Seized items

Items that are taken (seized) from you must be returned as soon as possible, unless there's a legal reason not to – for example, if we cannot find the owner.

We can return items with terms and conditions to minimise the risk of harm to human health and the environment.

If we believe it's necessary to keep your item to prevent a crime from happening, we must let you know in writing. You can apply to appeal this decision at VCAT.

Your obligations

You must not:

• hinder, delay or obstruct an authorised officer or any person helping them
• conceal locations, persons or items
• use abusive, threatening or insulting language to an authorised officer or a person helping them
• assault, directly or indirectly intimidate or threaten (or attempt to) an authorised officer or any person helping them.

Doing any of these things is breaking the law. There are significant penalties if you break the law.

Provide documents and answer questions

You must give an authorised officer any documents they ask for. They can examine, keep or make copies of a document.

You must answer any questions and must tell them about another person’s compliance with the environment laws when they ask you.

Give your name and address

You must give your name and address to an authorised officer who believes:

• you have information about a crime that has been committed (or that is suspected)
• you've broken the law or are about to break the law.

Follow directions

When an authorised officer believes there's an immediate risk to human health or the environment, they can give you written or verbal directions.

In this situation, you must follow any direction given by an authorised officer, even if you did not cause the risk.

Your protection against self-incrimination

You do not have to give information to an authorised officer if it will incriminate you. This does not apply to producing documents, and only applies to individuals, not companies.