Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/29

This page has been proofread, but needs to be validated.
HAZARDOUS WASTE (CONTROL OF EXPORT, IMPORT AND TRANSIT)
29


(c) if the requirement relates to an aircraft, any other internationally recognised means of communication with an aircraft.

(5) Any person who refuses or fails, without reasonable excuse, to comply with a requirement made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6) It is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would have endangered the person or any other person.

Powers of entry and search

31.—(1) The Director or an authorised officer may, for the purposes of this Act—

(a) enter or board a searchable place; and
(b) exercise the powers set out in section 32(1) and (2), without being liable to any legal proceedings or molestation on account of such entry or of anything done in part of that searchable place in pursuance of this Act.

(2) The Director or an authorised officer shall not, pursuant to this section, enter into any dwelling-house in actual occupation, unless with the consent of the occupier thereof or with 6 hours’ previous notice to the occupier.

(3) If it is shown to the satisfaction of the court that admission to any searchable place has been refused or that the searchable place is unoccupied or the owner or occupier is absent (whether temporarily or permanent) and that the case is one of urgency, the court may by warrant authorise the Director or an authorised officer to enter the premises, if need be by force.

(4) The Director or an authorised officer who is permitted by this section to enter or board a vessel, an aircraft or a vehicle may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the Director or the authorised officer is permitted to exercise, stop and detain the vessel, aircraft or vehicle.