South Australian Consolidated Acts

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1984 - SECT 22

22—Boarding of vessels etc by inspector

        (1)         This section applies to—

            (a)         any vessel or any aircraft that is in the State;

            (b)         any vessel, or any aircraft capable of landing on water, that is in coastal waters, or any platform.

        (2)         An inspector may, with such assistance as he thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 24 if he believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform

            (a)         any matter or thing that is to be dumped into the sea or incinerated at sea; or

            (b)         any matter or thing that may afford evidence as to the commission of an offence against this Act,

and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft.

        (3)         An inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence.

        (4)         Where an inspector believes on reasonable grounds that a vessel to which this section applies and that is in coastal waters has been used or otherwise involved in the commission of an offence against this Act, he may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in South Australia to which it is safe and practicable to bring the vessel.

        (5)         An inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform.

        (6)         A person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section shall be guilty of an offence.

Penalty: Two thousand dollars.



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