Authorised Officers, Environmental Officers, and Inspectors

Role and Powers of Appointed Officers

Officers within the Northern Territory Government are appointed under various Acts to ensure compliance with environmental legislation. These officers play a critical role in regulating activities that impact the environment and ensuring businesses and individuals meet their legal obligations.

The Environmental Regulator and its officers operate under the principles of Proportionality, Accountability, Consistency, Targeting, and Transparency (PACTT). These principles, along with the Division’s legislation and Compliance and Enforcement Policy, guide regulatory actions and decision-making.

Officers are appointed based on specific qualifications, experience, or capabilities required for their role. Depending on the relevant legislation, they may be designated as authorised officers, inspectors, or environmental officers (collectively referred to as authorised officers).

Responsibilities and Powers of Authorised Officers

Authorised officers are trained to apply environmental laws and ensure that the regulated community complies with them. Their role includes to monitor compliance and investigate suspected contraventions of environmental laws.

Compliance and Investigation Activities

Authorised officers may investigate compliance matters relating to:

• The requirement for, and conditions of, licences and approvals
• Environmental incidents and reporting
• Environmental harm
• Environmental audit requirements
• Environment protection notices
• Directions to cease or undertake an activity

Powers of Authorised Officers

In exercising their powers, authorised officers are enabled under the relevant Acts to:

• Enter any site or premises (excluding residential premises) where environmental harm has occurred, is suspected of occurring, or has the potential to occur
• Make inquiries and assess compliance
• Collect evidence (e.g., samples, photographs, videos, audio recordings)
• Issue infringements or notices for offences against relevant legislation
• Direct or require action to reduce an environmental impact or potential impact

An authorised officer may ask a person to answer questions voluntarily about an incident.

Any action taken by an authorised officer must be within the scope of their powers under the relevant Act.

Authorised officers do not have powers of arrest under the Acts.

Conduct of Authorised Officers

Authorised officers are required to meet high standards of behaviour when exercising their regulatory functions. They must, at a minimum:

• Act impartially and ethically, in accordance with the Northern Territory Public Service (NTPS) Code of Conduct, as set by the Office of the Commissioner for Public Employment
• Handle personal information in accordance with the NT Information Act 2002 and the Department’s Privacy policy | Department of Lands, Planning and Environment
• Declare and manage conflicts of interest in accordance with the Department’s Conflict of Interest Policy
• Present their identification card as confirmation of their authorisation under the relevant legislation if requested or required to do so
  • For identification requirements, refer to:
    • s 71(3) of the Waste Management and Pollution Control Act 1998
    • s 24(4) of the Water Act 1992
    • s 56(1) of the Marine Pollution Act 1999
    • s 62(2) of the Environment Protection (Beverage Containers and Plastic Bags) Act 2011
    • s 88(4) of the Petroleum Act 1984
    • s 160(4) of the Environment Protection Act 2019
• Explain the powers they are exercising and their reasons for doing so when requested or required
• Comply with work health and safety (WHS) policies and procedures, ensuring they do not compromise their own health and safety or that of others
• Follow WHS requirements of the premises they are inspecting and never enter locations where there is a perceived risk to their safety

Legislation

The Environmental Regulator administers several environmental laws that provide officers with specific powers to enforce compliance. The table below outlines these laws and the relevant sections that define authorised officer powers.

Table 1: Authorised Officer Powers by Legislation

For more details on specific officer powers, refer to the relevant legislation listed above.