S.L. 549.4 Art. 3Powers of Director.

(1) The Director shall have the power, personally or through his officers, carrying identification attestations signed by the Minister, to inspect any place in Malta, or any vehicle, ship, platform, airplane or other craft existing therein, or any such vehicle, vessel or aircraft belonging to Malta outside the territorial waters of Malta, in order to ascertain the levels of protection of the environment as well as to investigate suspected violations of the provisions of the Act or of regulations made thereunder, or codes of practice issued under the Act, and to secure proof of any such violation: Provided that the Director personally or any of his officers may not accede into a private dwelling unless accompanied by a police officer not below the rank of Inspector:

Provided further that the Director and his officers may not divulge any information or evidence so ascertained in pursuance of this regulation except to the Minister, the Director or the Commissioner of Police in case of an intended prosecution or further investigation, or to any court of justice.

(2) Without prejudice to the generality of subregulation (1), the power to inspect can also be limited to any separate object found in the places therein mentioned, and in ascertaining the levels of protection and investigating violations, the Director or his officials shall have the power to measure, take samples and copy records or electronic data, as well as conduct tests, on any object of any nature:

Provided that care is to be taken during these inspections, measurements, taking of copies or tests to minimise any damage that might be so caused: Provided further that the person suffering unnecessary damage caused through the gross negligence or wilful non-observance of this regulation shall have the right to be reimbursed for such damage by the Director or his official.

(3) (a) The Director, personally, may issue under his hand, execution orders to prevent or to minimise threatened damage to the environment, to prevent treatened violations to laws or regulations concerning the protection of the environment, or to secure evidence of such violations.

(b) Departmental officers duly attested may issue such orders. Such orders shall be issued in writing, however they may be verbal when the threatened damage is imminent or when the damage is actually happening, or the violation is actually being committed or has just been committed (in flagrante): Provided that when such officers issue such verbal orders, there shall be a confirmation in writing by the Director personally, as soon as practicable:

Provided further that if no confirmation of a verbal order is given in writing by the Director when called upon to do so either by the issuing officer or by any interested person within twenty-four hours from the issuing of such order, such order shall be deemed to have lapsed.

(4) The Director may in writing request any information concerning any matter which might affect the level of environmental protection.