Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/30

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30
NO. 13 OF 1997


General powers of Director on entering or boarding searchable places

32.—(1) The Director or an authorised officer may, on entering or boarding a searchable place, exercise the following powers under section 31(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;
(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 provisions shall have effect:

(a) the Director or the authorised officer may seize the evidence;