Power to enter premises

(1) Subject to the provisions of this Act, it shall be lawful for duly designated officers of the Department, in carrying out their duties, to have the right to enter at all reasonable times any kind of installation, factory, plant or premises and to require the person in charge to provide them with all relevant information and to assist them in their duties under this Act. (2) A designated officer may, in exercise of powers conferred by sub-section (1)– (a) take and remove samples or make copies which in the opinion of the designated officer are necessary for the purposes specified in sub-section (3); 17 (b) seize any item necessary as evidence of the commission of an offence under this Act or regulations made thereunder; (c) take photographs of and on any land or premises as he considers necessary; (d) enter upon any land and drill boreholes for the purpose of taking and removing samples of groundwater and making studies to assess the discharges of wastes and monitor the effect of such discharges; (e) inspect and take copies of computer records, relating to the provisions of this Act, or regulations made thereunder; (f) require any person in any place entered, to produce for inspection or for the purpose of taking copies any books, documents or papers relevant to the administration of this Act or regulations made thereunder. (3) The purposes referred to in sub-section (2) are as follows– (a) to determine whether there has been compliance with, or any contravention of, this Act or any regulations made thereunder, or any licence, environmental compliance plans, notice or thing required under this Act or regulations made thereunder; (b) for the good administration of this Act or regulations made thereunder. 18 (4) A designated officer may detain any vehicle or person, where there is reasonable suspicion that an offence has been or is likely to be committed under this Act or any regulations made thereunder, and in the exercise of this power, may request a person to produce his identification. (5) Where any items or goods are found in any vehicle or on any person which, in the opinion of the designated officer, may constitute evidence of an offence under this Act or regulations made thereunder, the designated officer may seize any such items or goods. (6) A designated officer shall not enter a dwelling house except– (a) with the consent of the occupant of the house; or (b) under the authority of a warrant issued by a magistrate or justice of the peace. (7) A designated officer may carry out periodic inspections of all establishments which manufacture, produce as by- products, import, export, store, sell, distribute or use any substances that are likely to have a significant impact on the environment, to ensure that the provisions of this Act or any regulations made thereunder are complied with. (8) A designated officer shall carry out such other Inspections or investigations as may be necessary to ensure that the provisions of this Act, or any regulation made thereunder, are complied with. (9) A designated officer may temporarily seize any plant, equipment, substances, boat, vehicle, or any other thing or item which he believes has been used in the commission of an offence against this Act or any regulations made thereunder. 19 (10) Neither the Chief Environmental Officer, designated officer, nor any person acting under a direction given by the Chief or assisting the Chief Environmental Officer, shall be personally liable for any loss or damage suffered by any person, directly or indirectly, in consequence of anything done in good faith under this Act. pollutions, etc.