Powers of Inspector and authorised officers

(1) For the purposes of this Act, the Inspector or an authorised officer, at all reasonable times– (a) may enter any area, structure, vehicle, vessel, aircraft or building that, in his opinion, has been, is being or is to be used in connection with reconnaissance, prospecting or mining (b) may inspect and test any machinery or equipment that, in his opinion, has been, is being or is to be used in connection with any of the operations referred to in paragraph (a) of this sub-section; (c) may take or remove for the purpose of analysis or testing, or, for use in evidence in connection with an offence against this Act, samples of minerals or other substances from a mine or any area where any of the operations referred to in paragraph (a) of this sub-section are being carried on; (d) may inspect, take extracts from, and make copies of, any document relating to any of the operations referred to in paragraph (a) of this sub-section; (e) may, with respect to the health and safety of persons employed by a holder of a mineral right or a claim in or in connection with any of the operations referred to in paragraph (a) of this sub-section, issue directions to and impose restrictions on the holder or any persons so employed, by instrument in (f) may order, by instrument in writing– (i) the cessation of operations on or in, and the withdrawal of all persons from, any structure or building that is being used in connection with any of the operations referred to in paragraph (a) of this sub-section; or (ii) the discontinuance of the use of any machinery or equipment, which he considers unsafe, unless and until such action as is necessary for safety and specified in the instrument is taken and completed; or (g) may make such examination and inquiries as are necessary to ensure that the provisions of this Act and any directions issued, conditions imposed or orders made under this Act are being complied with. (2) Before exercising any of the powers under sub-section (1), if there is any person who is or appears to be in charge of the area, structure, vehicle, vessel, aircraft, building, machinery, equipment or matter or thing in respect of which the power is about to be exercised, the Inspector or an authorised officer shall identify himself to that person and to any person to whom he is about to give an order or a direction. (3) Any person who is aggrieved by a decision, direction or order may prefer an appeal98 (i) to the Inspector where such decision, direction or order is made by an officer authorised by the Inspector; and (ii) to the Minister where such decision, direction or order is made by the (4) On an appeal under sub-section (3), the Inspector or the Minister, as the case may be, may rescind or affirm the decision, direction or order appealed against or may make a new decision, direction or order in substitution therefor, and that decision, direction or order shall be final. (5) In exercising his powers under sub-section (1), the Inspector or an authorised officer may be accompanied by any person who the Inspector or the authorised officer, as the case may be, believes has special or expert knowledge of any matter being inspected, tested or examined. (6) A person who is an occupier or the person in charge of any building, structure or place, or the person in charge of any vehicle, vessel, aircraft, machinery or equipment referred to in sub-section (1), shall provide the Inspector or an authorised officer all reasonable facilities and assistance (including the provision of necessary means of transport) for the effective exercise of the powers under this section by the Inspector or an authorised person. (7) Any person who– (a) without reasonable excuse, obstructs, molests or hinders the Inspector or an authorised officer in the exercise of his powers under this section; or (b) knowingly or recklessly makes a statement or produces a document that is false or misleading in a material particular to the 99 Inspector or an authorised officer engaged in carrying out his duties and functions under this section, commits an offence and is liable on conviction to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding one year, or to both such fine and term of imprisonment.