Environmental Protection and Management Act · 2022 Revised Edition · Part · Powers
13. Power to take samples
Official textFrom Attorney General's Chambers, unchanged
The Authority may, at any time, after informing the owner or occupier of a premises or any person apparently in charge of the premises or a person having control over the activities, take for analysis samples as required.
No person shall interfere with any equipment, instrument or device used for monitoring the premises or activities or for taking samples for analysis.
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);
Any person who —
contravenes subsection (2); or
without the written permission of the Authority, publishes or discloses to any person the results of any analysis made under this section, is guilty of an offence and liable on conviction to a fine not
Environmental Protection and Management 16
exceeding $5,000, imprisonment for a term not exceeding 6 months or both.
Terms defined in s 3
analysis
Defined · s 3“analysis” includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining the characteristics of any matter or substance or the effects of any discharge, emission or deposit of trade effluent, air impurity, hazardous substance or other pollutants;
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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