Environmental Protection and Management Act · 2022 Revised Edition · Part · Powers
12. Powers of entry, search and seizure
Official textFrom Attorney General's Chambers, unchanged
Except otherwise provided in this Act, the Authority shall not enter into any dwelling house in actual occupation unless with the consent of the owner or occupier thereof by giving at least 6 hours’ notice to the owner or occupier.
Where a notice under subsection (1) is issued in connection with investigations into a suspected offence against this Act, the Authority may, at any time after the expiry of the period specified therein, enter any such premises where the Authority has reason to believe that any document or information, in respect of which he has given the notice, may be found, and seize or take extracts or copies of any such document or information.
premises
“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes — (a) any building, vehicle, vessel or aircraft; (b) any structure, whether a fixed structure or a movable structure such as a tent; and (c) a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
The Authority may, subject to subsection (1) —
enter any premises and make such examination, inspection and inquiry as may be necessary to ascertain whether the provisions of this Act or any regulations made thereunder are complied with;
assess the levels of noise, illumination, heat or harmful or hazardous substances in any premises and the exposure levels of persons at work therein;
take such photographs or video-recordings, in a safe manner, as he thinks necessary to record the conditions in a premises and the activities carried on therein which may impact the environment;
Environmental Protection and Management
require any person to produce any article which is relevant under the provisions of this Act or any regulations made thereunder and, if necessary, to take into custody any such article;
require any person to produce evidence of his identity;
require any person to give such particulars which are within his knowledge;
require in specified circumstances persons to submit written particulars of measures proposed to be taken to achieve compliance with this Act or any regulations made thereunder;
require the production of any documents relating or reasonably believed to relate to any duty under the provisions of this
Act or any regulations made thereunder and take extracts therefrom.
If entry to a premises cannot be obtained, the Authority may —
break open any outer or inner door or window;
forcibly enter such premises and every part thereof; or
remove by force any obstruction to his entry, inspection, examination or inquiry.
Terms defined in s 3
environment
Defined · s 3“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sounds, odours, tastes, the biological factors of animals and the social factor of aesthetics;
occupier
Defined · s 3“occupier”, in relation to — (a) any premises, means the person in occupation of the premises or having the charge, management and control thereof; and (b) any part of the premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
owner
Defined · s 3“owner”, in relation to — (a) any premises, includes the person for the time being receiving the rent of the premises, whether on his account or as an agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant; (b) any premises where the building works are carried out, includes the developer and the building contractor; and (c) the common property of any subdivided building, includes the strata corporation established under the Land Code (Strata) Act having control of the building, or the person receiving any rent or charge for the maintenance of that common property;
premises
Defined · s 3“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes — (a) any building, vehicle, vessel or aircraft; (b) any structure, whether a fixed structure or a movable structure such as a tent; and (c) a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
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Investigation of Environmental Incidents
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Codes of Practice
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