Western Australian Consolidated Acts

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POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 29

29 .         Powers of inspectors

        (1)         For the purposes of ascertaining — 

            (a)         whether a provision of this Act that is applicable in relation to a ship has been complied with in respect of the ship; or

            (b)         whether there has been a discharge into State waters in contravention of this Act,

                an inspector may — 

            (c)         go on board the ship with such assistants and equipment as he considers necessary;

            (d)         require the master of the ship to take such steps as the inspector directs to facilitate the boarding;

            (e)         inspect and test any machinery or equipment of the ship;

            (f)         require the master of the ship to take such steps as the inspector directs to facilitate the inspection or testing of any machinery or equipment of the ship;

            (g)         open, or require the master of the ship to cause to be opened, any hold, bunker, tank, compartment or receptacle in or on board the ship and inspect the contents of any hold, bunker, tank, compartment or receptacle in or on board the ship;

            (h)         require the master of the ship to produce a record book required by this Act to be carried in the ship or any other books, documents or records relating to the ship or its cargo that are carried in the ship;

                  (i)         make copies of, or take extracts from, any such books, documents or records;

            (j)         require the master of the ship to certify that a true copy of an entry in a record book required by this Act to be carried in the ship made by the inspector is a true copy of such an entry;

            (k)         examine, and take samples of, any substances being in, on, or in the vicinity of a ship or place on land in respect of which an investigation of a discharge or suspected discharge in breach of a provision of this Act is being made;

            (l)         require the master of the ship or the occupier of the place, or any person representing the master or occupier, to certify the taking of the samples;

            (m)         require the testing of any apparatus in the place, the condition or efficiency of which is, in the opinion of the inspector, relevant to a discharge or suspected discharge into State waters in breach of a provision of this Act; and

            (n)         require a person to answer questions.

        (2)         For the purposes of investigating a discharge or suspected discharge into State waters in contravention of a provision of this Act, an inspector may enter and inspect any place on land.

        (3)         A person shall not — 

            (a)         without reasonable excuse, hinder or obstruct or refuse or fail to comply with a requirement made of him by, an inspector in the exercise of his powers under subsection (1) or (2); or

            (b)         in answer to a question that he is required to answer under subsection (1), make a statement that is false or misleading in a material particular.

        Penalty: $2 000.

        (4)         An inspector shall not, in exercising his powers under subsection (1), unnecessarily delay a ship from beginning a voyage.



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