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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · Enforcement

31. General powers of Director on entering or boarding searchable places

(1)

The Director or an authorised officer may, on entering or boarding a searchable place, exercise the following powers under section 30(1)(b) —

(a)

to search any part of the place;

(b)

to inspect, examine, take measurements of, or conduct tests

(including by the taking of samples) concerning, any structure, plant, substance or other thing in or on the place;

(c)

to seal the samples and require the owner of the materials to send the samples to an analyst and to bear any cost and expenses arising from the analysis;

(d)

to require the owner or analyst to submit the results of the analysis to the Director or the authorised officer;

(e)

to take extracts from, and make copies of, any document relating to any hazardous or other waste in or on the place;

Hazardous Waste (Control of Export,

Import and Transit)

(f)

to take such photographs as he thinks necessary for the purposes of this Act;

(g)

to require any person in or on the place or the relevant person to —

(i)

answer any question put by the Director or the authorised officer; and

(ii)

produce any books, records or documents requested by the Director or the authorised officer;

(h)

to take into or onto the place such equipment and materials as the Director or the authorised officer requires for the purpose of exercising any power in relation to the place.

(2)

If the Director or an authorised officer enters or boards the searchable place and finds anything (referred to in this section as the evidence) that may afford evidence of the commission of an offence under this Act, the following shall have effect —

(a)

the Director or the authorised officer may seize the evidence;

(b)

the Director or the authorised officer may keep the evidence pending an order of court in regard to the disposal thereof made under this Act, or, if a prosecution for an offence under this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings;

(c)

if the evidence is a book, record or document, while the

Director or the authorised officer has possession of the book, record or document, the Director or the authorised officer shall allow the book, record or document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the possession of the Director or the authorised officer.

(3)

A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1)(d) or (g) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.

Hazardous Waste (Control of Export,

Import and Transit)

(4)

It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person.

Report

Read on from s 32

Part

General

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