Authorised Officers: powers under the Environmental Protection Act 1986 and what to expect on site

The role, powers and expectations associated with Authorised Officers attending a site under the Environmental Protection Act 1986.
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Authorised Officers are appointed under s.87 and s.88 of the Environmental Protection Act 1986 (EP Act) to carry out compliance and enforcement activities on behalf of the Department of Water and Environmental Regulation (the Department).

Authorised Officers play an important role in protecting the environment by monitoring compliance, investigating incidents and taking enforcement action, where required.

When Authorised Officers attend a site

Authorised Officers will:

  • identify themselves when attending a site
  • produce their Authorised Officer identification card.

The Authorised Officer identification card includes the officer’s name, photograph and authority. Presentation of this card at the commencement of an inspection is sufficient to confirm the Authorised Officer’s identity and authority.

They may attend sites to inspect operations, investigate environmental incidents or assess compliance with environmental approvals and obligations.

What Authorised Officers do

Authorised Officers may:

  • monitor compliance with licences, works approvals, registrations, clearing permits and Ministerial Statements
  • investigate pollution, environmental harm and/or suspected non-compliance
  • inspect prescribed premises and assess environmental risks
  • take action to prevent, control or minimise environmental harm
  • conduct inspections, audits and enforcement activities
  • work with other departments of the Government of Western Australia, where required.

Powers of Authorised Officers

Under the EP Act, Authorised Officers have powers to:

  • enter premises, where authorised under the Act
  • inspect activities, plant, equipment and environmental conditions
  • take photographs, recordings and environmental samples (e.g. air, water, soil, waste)
  • conduct interviews and make inquiries
  • require the production of documents and records
  • seize items reasonably believed to be evidence.

Authorised Officers may also require reasonable assistance and be accompanied by technical specialists, where necessary.

Obstructing or impeding an Authorised Officer is an offence under s.93 of the EP Act.

 

What site personnel can expect

To support inspections and investigations, site personnel are expected to:

  • comply with lawful requirements made by Authorised Officers
  • provide access to relevant areas of the premises
  • provide reasonable assistance when requested
  • act honestly and courteously
  • ensure relevant information, materials and equipment are accessible.

A cooperative approach helps support safe, efficient and effective inspection outcomes.

Aggressive or threatening behaviour is not acceptable.

If a situation becomes unsafe, Authorised Officers may pause or stop an inspection and seek assistance from the Western Australian Police Force.

Site entry and safety

Authorised Officers exercise statutory powers under the EP Act and are not subject to the direction or control of the premises operator.

Site personnel must not impose conditions that delay, restrict or prevent the lawful exercise of these powers, as this may constitute an offence under s.93 of the EP Act.

Authorised Officers will generally:

  • follow reasonable site safety requirements
  • use sign-in systems where these do not limit their powers
  • comply with site procedures, where appropriate.

Authorised Officers are not obliged to:

  • agree to conditions that restrict their powers
  • sign documents placing them under site control
  • provide copies of personal identification (e.g. driver’s licence) or disclose personal information, such as residential address or date of birth
  • undertake drug or alcohol testing.

Personal information

Authorised Officers may require individuals to provide identifying details (such as name and address) where reasonably necessary to carry out their functions under the EP Act.

Personal information collected during inspections or investigations is handled in accordance with applicable privacy and information sharing requirements, including the Privacy and Responsible Information Sharing Act 2024 (PRIS Act), and will only be used for compliance and enforcement purposes or as otherwise authorised by law.

Standards of conduct

Authorised Officers are expected to:

  • act with integrity, accountability and professionalism
  • treat people fairly and with respect
  • communicate clearly
  • act consistently and without bias.

Fact sheet

The downloadable fact sheet provides a detailed overview of powers, responsibilities and relevant legislative provisions.

Concerns or complaints

If you have concerns about the conduct of an Authorised Officer, please visit the Department’s Feedback and complaints page.

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