PART XI
INSPECTORATE

81.    The Council shall establish an Environmental Inspectorate with the necessary technical staff and facilities required to administer, monitor and enforce measures for the protection of the environment and the prevention of pollution in the environment.

Establishment of Inspectorate

82.    The Council may delegate all or any of the duties of the Inspectorate to a local authority in such area as it may designate.

Delegation of duties to Inspectorate

83.  (1)  In order to ensure compliance with the provisions of this Act the Council shall appoint such number of inspectors as it may consider necessary.

Appointment of inspectors

(2)  Every inspector shall be provided with a certificate of appointment which shall be prima-facie evidence of the inspector's appointment as such.

(3)  An inspector shall, on demand by a person affected by the exercise of the powers of the inspectors under this Act, produce for inspection the certificate referred to in subsection (2).

84.  (1)  An inspector, at any reasonable time may enter any area, place or premises that is or forms part of any industry, works, undertaking or business, in which he reasonably believes there is being, or has been carried on an activity that may contribute or has contributed to pollution, and examine and take samples or materials used in or resulting from the activity carried on there and inspect any vehicle or other conveyance but there shall be no entry into a private dwelling except with the consent of the occupant or under the authority of a court warrant.

Powers of inspectors

(2)  An inspector who enters an area, place or premises or inspects a vehicle under subsection (1) may order the person in charge to produce for inspection or for the purpose of obtaining copies or extracts, any books, documents or papers concerning any matter relevant to the administration of this Act or regulations made for the purposes of this Act.

(3)  The owner or person in charge of-

(a)        any area, place, premises or vehicle referred to in subsection (1);

(b)        any waste disposal site referred to in Part VI;

(c)        the manufacture, distribution or use of pesticides or toxic substances referred to in Part VII;

(d)        any radioactive material or any source of dangerous ionising radiation, or a radioactive ore mining or processing facility referred to in Part IX;

and any person found there shall give an inspector reasonable assistance, for the purpose of examination, enquiry collection of samples or otherwise.

(4)  An inspector may-

(a)        inspect and examine any vehicle, railway carriage or other conveyance in or upon which he had reasonable cause to believe that a pesticide, toxic substance, hazardous waste or radioactive material, or other pollutant is being or has been transported;

(b)        order the production of any documents pertaining to the transportation of any such substance;

(c)        obtain any samples he considers necessary of any substance so transported; or

(d)        request information from any person who appears to have custody or control of those substances so transported.

85.  (1)  A person shall be guilty of an offence if he-

Obstruction of Inspector

(a)        wilfully delays or obstructs an inspector in the carrying out of his duties; or

(b)        knowingly or negligently gives an inspector false or misleading information orally, in writing or otherwise.

(2)  Any person guilty of an offence under subsection (1) shall be liable upon conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding six months or to both.

(As amended by Act No. 13 of 1994)