Key Benefits:
39. Power to obtain information
(1) The Director shall have power to obtain, from any person, such information including books, records, returns, reports and any other document, as the Director deems necessary to enable him to carry out his functions under this Act.
(2) If so requested by the Director, a person shall provide such information as the Director may require and the Director may make copies of such information or take extracts therefrom.
(3) A person who gives information under this section, shall not give information which is false or misleading.
(4) Any information furnished, document or data produced under this section shall not be admissible in evidence against the person who provided it in any proceedings, other than for proceedings under section 42 which may be instituted against him.
(5) Any person who contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable to a fine not exceeding P500 or to imprisonment for a term not exceeding four months.
40. Power of search and seizure
(1) Subject to subsection (2) an authorised officer may enter any premises for the purpose of conducting a search and may seize any item during the course of an investigation in connection with the keeping, treating and disposal of waste.
(2) No authorised officer shall enter, conduct a search or seize any item in terms of subsection (1) unless such authorised officer has obtained-
(a) the consent in writing of the owner or of the person in charge of the premises; or
(b) a search warrant.
(3) An authorised officer shall carry at all times and, upon demand, present an identity card issued under section five.
(4) Any person who obstructs or interferes with any person in the performance of his functions under this section shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding four months or both.
(1) An authorised officer or any authorised officer of a local authority may enter upon any land, if it is considered that there is an immediate risk of serious pollution of the environment or harm to human, animal or plant life, and take with him such assistance and equipment as may be considered necessary for the purpose of carrying out any powers, duties or functions under this Act.
(2) Any person authorised under subsection (1) shall, on demand by the occupier of the land, produce an identity card.
42. Civil liability
Where any damage is caused by poisonous, noxious or polluting waste which has been deposited on any land, any person who deposited it, or caused or permitted it to be deposited is liable for the damage to the land except where the damage-
(a) was due wholly to the fault of the person who suffered it; or
(b) was suffered by a person who voluntarily accepted the risk thereof.
(1) Where a court is satisfied from information placed before it that circumstances relating to a particular matter, which matter is a subject of an investigation under this Act, render that matter urgent in that irreparable damage would be caused to animal, plant or human life by poisonous, noxious or polluting waste deposited on any land, if the matter were to be dealt with by the court at the proceedings in due course, the court may issue a provisional order-
(a) prohibiting any person from depositing controlled waste on any land;
(b) prohibiting any person from keeping, treating and disposing of hazardous waste without separating it from other types of waste;
(c) ordering a person to remove any type of waste from any land;
(d) preventing any potential environmental hazard; or
(e) authorising the Department to take any action specified in the order.
(2) A provisional order issued under subsection (1)-
(a) may be amended or withdrawn by the court on application by the Director or by a person affected by such order;
(b) shall remain in force for such period or extended period as the court may from time to time determine;
(c) shall, unless withdrawn or lapsed, remain in force until the proceedings are finalised.
(3) A provisional order issued under subsection (1) and any amendment, withdrawal or extension thereof shall, where the court so directs, be published in the Gazette and in such other media as the court may deem appropriate.
44. General penalty
