20
CAP. 354]
Waste Disposal
[1987 Ed.
Offences in relation to enforcement powers.
evidence of the facts stated therein if the procedure in this section has been complied with, or substantially complied with so far as is reasonably practicable, in relation to that sample.
(2) An authorized officer who obtains a sample of any waste or other matter under subsection (1) shall-
(a) divide it into 3 approximately equal parts;
(b) place each part in a separate container and suitably mark or label each container;
(c) ensure that the person in charge of the place, premises, vehicle or vessel from which the sample is obtained or his employee or agent-
(i) is handed one of the parts as that person or his employee or agent may select or, if that is not reasonably practicable, is handed or sent by post one of the parts as the authorized officer may select; and
(ii) is informed that one of the other 2 parts is intended to be submitted to the analyst for analysis; and
(d) personally submit one of the remaining 2 parts to the analyst for analysis and retain the other.
(3) As soon as the analyst has completed an analysis under subsection (2)(d) he shall furnish to the collection authority or the waste disposal authority, as the case may be, and to the person in charge of the place, premises, vehicle or vessel from which the sample was obtained or his employee or agent, a certificate of the results of the analysis.
(4) A certificate under subsection (3) shall be signed by the analyst but the analysis may be made by a person acting under the directions of the analyst and any certificate purporting to be signed by the analyst shall be presumed, until the contrary is proved, to have been signed by him.
(5) The Governor may, by notice published in the Gazette, appoint any person to be an analyst for the purposes of this section.
23F. A person who—
(a) wilfully obstructs-
(i) a collection authority; or
(ii) a waste disposal authority; or
(iii) any authorized officer,
in the exercise of the authority's or the officer's powers or duties under this Part; or
(b) fails without reasonable excuse to comply with any requirement duly made under this Part by-
(i) a collection authority;
(ii) a waste disposal authority; or
(iii) any authorized officer; or