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Ord. No. 58/87
Powers of authorized officers to enter premises etc.
Other powers of authorized officers.
WASTE DISPOSAL (AMENDMENT)
23C. (1) Subject to subsection (2), an authorized offi may, for the purposes of this Ordinance, without a warra enter any place or premises, stop any vehicle, or stop and board any vessel if he has reason to suspect that—
(a) the place, premises, vehicle or vessel is being used for, or in connexion with, the production, collec- tion, storage, treatment, transportation or disposal of any waste; or
(b) there is in the place, premises, vehicle or vessel any thing likely to be, or to contain, evidence of an offence against this Ordinance.
(2) An authorized officer shall not under subsection (1) enter any domestic premises (other than that part of such premises in or on which there is a waste treatment plant or facilities for the storage of any waste) or board any vessel used wholly or principally for dwelling purposes unless he has first obtained a warrant issued by a magistrate under subsec- tion (3) for that purpose.
(3) A magistrate may issue a warrant to any authorized officer to enter domestic premises or to board any vessel used wholly or principally for dwelling purposes if the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that
(a) an offence against this Ordinance is being or has been committed in or on those premises or on that vessel; and
(b) there is in or on those premises or on that vessel any thing likely to be, or to contain, evidence of an offence against this Ordinance.
(4) An authorized officer who enters any place or premises, stops any vehicle or boards any vessel shall, if required--
(a) produce evidence of his identity and of his authoriza-
tion under section 23A; and
(b) if a warrant is under this section required for entry,
produce that warrant.
23D. An authorized officer who has, pursuant to section 23C or any warrant issued thereunder, entered any place or premises, stopped any vehicle or boarded any vessel, or who has been allowed access to any place, premises, vehicle or vessel in the course of his duties, may—
(a) inspect therein any waste treatment plant or other plant or equipment or observe any process or proce- dure which he has reason to suspect is being, has been, or is intended to be, used in connexion with the collection, storage, treatment, transportation or disposal of any waste;
(b) require the person in charge of the place, premises, vehicle or vessel to do anything which the author-
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Analysis of samples.
WASTE DISPOSAL (AMENDMENT)
Ord. No. 58/87
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ized officer reasonably considers to be necessary for facilitating an inspection or observation under para- graph (a);
(c) require the person in charge of the place, premises, vehicle or vessel to produce for examination any drawing, record or document which is in the posses- sion of such person, or which such person can reasonably obtain, relating to any waste treatment plant or other plant or equipment inspected under paragraph (a);
(d) seize, remove and detain any such drawing pro- duced under paragraph (c) or any other article or thing found therein if he has reason to suspect that it is, or contains, evidence of an offence against this Ordinance;
(e) examine and make copies of any records kept pursu- ant to any requirement under this Ordinance or of any licence issued thereunder;
(ƒ) obtain samples of
(i) any waste or any constituent of waste or of any matter contaminated thereby; or
(ii) any waste which he has reason to believe may be subject to disposal under section 17.
23E. (1) A certificate of analysis of a sample of any waste or other matter obtained from any place, premises, vehicle or vessel under section 23D(ƒ) may be tendered in evidence in any proceedings under this Ordinance and shall, until the contrary is proved, be 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, pre- mises, 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.
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