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Monitoring powers for purposes of this Part

Environmental Public Health Act 1987

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—(1) The Director-General or an authorised officer appointed under section 3(2) may, by written notice —(a)inspect any aquatic facility for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and(b)take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found in or on the aquatic facility for analysis.(2) The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the owner or occupier of any premises in or on which any aquatic facility is located to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —(a)relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and(b)are —(i)within the knowledge of the owner or occupier; or(ii)in the custody or under the control of the owner or occupier.(3) The power to require an owner or occupier to provide any document or information under subsection (2) includes the power —(a)to require the owner or occupier to provide an explanation of the document or information;(b)if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and(c)if the document or information is not provided, to require the owner or occupier to state, to the best of the knowledge and belief of the owner or occupier, where it is and how it may be obtained.(4) The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).(5) Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(6) For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person.

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