28
CAP. 358]
Water Pollution Control
[1980 Ed.
Offences in relation to sections 37 and 38.
(2) An authorized officer who takes a sample of any matter for the purposes of 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 appearing to be in occupation of the premises on which the sample was taken or his servant or agent---
(i) is handed such one of the parts as that person or his servant or agent may select or, if that is not reasonably practicable, is handed or sent by registered post such one of the parts as the officer shall select; and
(ii) is informed that one of the other 2 parts is intended to be submitted to the analyst for analysis;
(d) except where an analysis proves to be unnecessary, personally submit one of the remaining 2 parts to the analyst for analysis and retain the other for the purposes of comparison.
(3) As soon as the analyst has completed the analysis he shall furnish to the relevant Authority and to the person referred to in subsection (2)(c), or his servant 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 his directions; and any certificate purporting to have been signed by the analyst shall be presumed, until the contrary is proved, to have been signed by him.
(5) In this section "analyst" means the Government Chemist or any person appointed by the Governor as an analyst for the purposes of this section.
(6) An appointment by the Governor under subsection (5) shall be notified in the Gazette.
40. A person who-
(a) wilfully obstructs an authorized officer in the exercise of any power conferred on such officer by or under section 37 or 38; or
(b) fails without reasonable excuse to comply with any requirement duly made by an officer under those sections;
(c) in compliance or purported compliance with any such requirement produces any drawing, document or record which he knows to be incorrect or inaccurate in a material particular or does not believe to be correct and accurate,
671905.18
commits an offence and is liable to a fine of $5,000.
$10,000 40A