Special powers of authorized officers where imminent danger to life or limb or to the environment

(1) Notwithstanding anything to the contrary in these Regulations– (a) if– (i) pollutants have been or are being discharged; (ii) a condition of pollution is likely to arise; (iii) any industrial waste or potentially hazardous substance appears to have been abandoned or dumped; or (iv) any industrial waste or potentially hazardous substance is being handled; and Environmental Protection 141 (b) an authorized officer is of the opinion that there is or is likely to be imminent danger to the authorized officer may give such directions either orally or in writing as the authorized officer considers appropriate to remove, disperse, destroy or, dispose of, abate, neutralize or treat any pollutant, waste substance, environmental hazard or (2) Any costs incurred in complying with subregulation (1) by any person who is not the person who caused or permitted the situation described in subregulation (l)(a) are to be reimbursed to that person by the Department. (3) Where the Department has reimbursed any costs under subregulation (2) the Department may recover the costs from any person proved to have been the person who caused or permitted the situation described in subregulation (l)(a) in any court of competent jurisdiction as a debt due to the Department and when recovered must be paid into the Consolidated Revenue Fund. (4) No matter or thing done by an authorized officer or by any person under a direction given by an authorized officer shall, if the matter or thing was done in good faith in the exercise of the power conferred by these Regulations on an authorized officer, subject the authorized officer or that person personally to any action, liability, claim or demand whatsoever. (5) Any person who contravenes without reasonable cause a direction given by an authorized officer under subregulation (1) shall be guilty of an offence.