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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

9. Powers of inspectors

 

1) An inspector may at all reasonable times enter any premises on or in which any substance suspected to be a grouped hazardous substance is or is suspected to be manufactured, packed, marked, labelled, kept, stored, conveyed, sold, used, operated. applied, administered or dumped or on or in which any other operation or activity with or in connection with any such substance is or is suspected to be carried out, and may, subject to the provisions of this Act—
a) inspect or search such premises, or examine, or extract, take and remove samples of, any substance (other than a Group III or a Group IV hazardous substance) found in or upon such premises, or any appliance or other object so found which is or is suspected to be used, or to be destined or intended for use, for, in or in connection with the manufacture, packing, marking, labelling, storage, conveyance, use, application or administration of a grouped hazardous substance, or for, in or in connection with any other operation or activity with or in connection with any grouped hazardous substance, or open any package suspected to contain a grouped hazardous substance;
b) inspect any Group III or Group IV hazardous substance;
c) demand any information regarding any such substance, appliance or object from any person in whose possession or charge it is or from the owner or person in charge of such premises;
d) weigh, count, measure, mark or seal any such substance, appliance or object or its package, or lock, secure, seal or close any door or opening giving access to it;
e) examine or make copies of. or take extracts from, any book, statement or other document found in or upon such premises and which refers or is suspected to refer to such substance, appliance or object;
f) demand from the owner or any person in charge of such premises or from any person in whose possession or charge such book, statement or other document is, an explanation of any entry therein;
g) inspect any operation or process carried out in or upon such premises in connection with any activity referred to in paragraph (a);
h) demand any information regarding such operation or process from the owner or person in charge of such premises or from any person carrying out or in charge of the carrying out of such operation or process;
i) seize any substance, appliance, book, statement or document or other object which appears to provide proof of a contravention of any provision of this Act.

 

2) If an inspector referred to in section 8(1) or (3)(a), (b) or (d) intends to exercise or perform any power, duty or function under this Act in the presence of any persons affected thereby. he shall first exhibit the written authority issued to him in terms of section 8(2) or (3) to any of those persons.

 

3) The procedure to be followed by an inspector in obtaining. transmitting for analysis or examination or otherwise dealing with any sample, shall be as prescribed.