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S.L. 545.8 · Sewage Discharge Control Regulations (S.L. 545.8)

S.L. 545.8 Art. 10Powers of Chief Executive.

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(1) Every person who discharges any effluent into the public sewerage system shall give to the Chief Executive all reasonable facilities and all such information as may be reasonably required by him for the purpose of ascertaining whether the provisions of these regulations are being complied with.

(2) For the purpose of carrying into effect any of these regulations the Chief Executive may exercise the powers set out below:

(a) enter at any reasonable time any premises which he has reason to believe it is necessary for him to enter or enter such premises at any time when in his opinion a situation so warrants;

(b) take with him a police officer if he has reasonable cause to anticipate any serious obstruction in the execution of his duty;

(c) take with him any equipment or materials required for any purpose for which the power of entry is being exercised;

(d) make such examination and investigation as may in any circumstances be necessary for that purpose;

(e) direct that any premises which he has power to enter or any part of them or anything therein, shall be left undisturbed for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d);

(f) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d);

(g) take samples of any article or substance found in any premises which he has power to enter, and in the atmosphere in or in the vicinity of any such premises, and take possession of any such article or substance for so long as is necessary for all or any of the following purposes:

(i) to examine them and do to them anything which he has power to do under paragraph (d);

(ii) to ensure that they are not tampered with before his examination thereof is completed;

(iii) to ensure that they are available for use as evidence in any proceedings for an offence under any of the relevant legislative provisions;

(h) require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d), to answer (in the absence of persons other than a person nominated by him and any persons whom the Chief Executive may allow to be present) such questions as the Chief Executive thinks fit to ask and to sign a declaration of the truth of his answers;

(i) require the production of, inspect and take copies of any entry in -

(i) any books or documents which by virtue of any provisions of these regulations are required to be kept; and

(ii) any other books or documents which may be necessary for him to see for the purpose of any examination or investigation under paragraph (d);

(j) exercise any other power which is necessary for that purpose.

(3) Any person who obstructs the Chief Executive or provides misleading information shall be guilty of an offence.