(d) seize any article, vessel, plant, equipment or other thing which is reasonably believed
to have been used in the commission of an offence under this Act;
(e) require the production of, inspect, examine or make copies of any permit, licence,
records or other documents issued or required to be kept or exhibited in terms of this
Act or any other enactment.
(2) The powers of an officer or 6inspector under paragraph (a) of subsection (1) shall not be
used in respect of any place that is a private dwelling or any part of a place that is designed to be
used and is being used as a dwelling place except⎯
(a) with the consent of the occupier of the dwelling place;
(b) in terms of a warrant issued by the Agency.
(3) An owner or occupier of any place intended to be entered by an inspector shall at all
reasonable times furnish such facilities as are required by the inspector for entering the premises
to exercise his powers under subsection (1).
(4) An officer or7 inspector may, if he or she considers that it is necessary to act
immediately for the protection of the environment, do either or both of the following⎯
(a) close any premises for a period not exceeding three weeks where an activity which
pollutes the environment contrary to the provisions of this Act or any standard issued
under it is carried out;
(b) serve an order in writing on the owner, user or occupier of any land or premises
requiring that owner, user or occupier to take such measures as may be specified in the
order for the prevention of harm to the environment and natural resources.
(5) Subject to this section, an order in terms of paragraph (b) of subsection (4) shall be of
full force and effect until it is withdrawn, set aside or superseded by an environmental
protection order.
(6) An officer or inspector shall, within fourteen days of serving an order, forward a copy
of the order together with details of the circumstances that gave rise to the need for the order to
the Director-General.
(7) The Director-General shall review within thirty days any order sent to him in terms of
subsection (6), whether or not the owner, occupier or user of any premises has appealed and he
may vary or set aside the order.
38 Execution of contracts and instruments by Agency
Any agreement, contract or instrument approved by the Board may be entered into or
executed on the Agency's behalf by any person generally or specially authorised by the Board
for that purpose.
39 Reports of Agency
(1) In addition to any annual report which the Agency may be required to submit to the
Minister in terms of the Audit and Exchequer Act [Chapter 22:03], the Board—
(a) shall submit to the Minister such other reports as the Minister may require; and
(b) may submit to the Minister such other reports as the Board considers desirable;
in regard to the operations, undertakings and activities of the Agency.
6
The words "officer or" inserted by s. 28 by Act 6./2005.
7 Ther words "officer or" inserted by s. 28 by Act 6./2005.
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