S.L. 499.12 Art. 8Inspection and control.

(1) Any inspector appointed by the Authority can proceed freely at any time and without previous notice being given, on board any bunker barge or ship, or within any marine terminal facility, or to inspect the activities of any cargo interests within the port to which these regulations apply.

(2) During an inspection an inspector may take a sample or samples of the cargo or other substances and cause them to be taken for testing at such places and at such times as the Authority may appoint. The Master, owner or operator, cargo interests, or any other person appointed by them may be present at such testing.

(3) The persons specified under regulation 5 shall extend their full co-operation and assistance to any such inspector, including the presentation of any documents required by such inspector, or the keeping of which is prescribed by these regulations or the Relevant Instruments, and the questioning either alone or in the presence of witnesses, of any person deemed relevant by the inspector to any inspection or investigation being conducted.

(4) The Authority may cause to stop any operation on shore or on board any ship or barge.

(5) The Authority may appoint a person or persons at the risk and expense of the owner, operator or cargo interests to superintend the observance of these regulations. The presence of such a person or persons shall not constitute acknowledgement that these regulations are being observed, nor shall it relieve the owner, Master, operator or cargo interests from any responsibility for, or liability resulting from, any failure to observe these regulations.

(6) Any person who fails to comply with the provisions of subregulations (2) and (3) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) for each offence.