partix - INSPECTION, ANALYSIS AND RECORDS

INSPECTION, ANALYSIS AND RECORDS

Environmental
Inspectors

45.

For purposes of ensuring compliance with the provisions of this Act the Minister may, by notice published in the Gazette, designate such number of public officers as he may consider necessary to be environmental inspectors whose functions shall be to administer, monitor and enforce measures for the protection and management of, and for Me prevention and abatement of pollution to, the environment.

Every inspector shall be issued with an identity card, and the identity card shall constitute prima facie evidence that the holder thereof is an inspector duly designated by the Minister under subsection (1).

An inspector shall, on demand by any person affected by the exercise of the powers of the inspectors under this Act, produce for inspection, the identity card referred to in subsection (2).

Powers of
Inspectors

46.

An inspector may, for the purpose of performing the functions referred to in section 45 (1), enter, at any reasonable time, any premises to examine any activity which the inspector reasonably considers to be detrimental to the environment or natural resources and to collect therefrom samples of any pollutant or other substance for analysis at any laboratory designated by the Minister under section 48.

Upon entering the premises, the inspector may require the owner or occupant or the agent of the owner or occupant of the premises to produce for inspection any book, document or record or copies thereof for retention by the inspector concerning any matter relevant to the administration of this Act.

It shall be the duty of the owner or occupant or the agent of the owner or occupant of the premises to render an inspector reasonable assistance in the performance by the inspector of the functions referred to in section 45 (1).

An inspector may—

inspect and examine any vehicle, in or upon which he has reasonable cause to believe that a pollutant or other article or substance which he believes to be a pollutant is being or has been transported;

order the production of any document pertaining to the transportation of the pollutant or such other article or substance;

collect any sample of the pollutant of any such substance from the vehicle or place where it has been delivered for analysis at a laboratory designated by the Minister under section 48;

request information from any person who has or appears to have custody or control of the pollutant or such other article or substance or the vehicle in which it is or has been transported.

Procedure
for taking
samples

47.

An inspector shall before collecting from the premises or vehicle a sample of any pollutant or other article or substance which the inspector believes to be a pollutant, inform the owner or occupier of the premises or vehicle or other person in control of the vehicle from which the sample is to be taken of his intention to do so.

The inspector shall place the sample in three separately sealed packages and shall deliver one package each to the Director, to the laboratory at which the sample will be tested or analyzed and to the owner or occupier of the premises or vehicle or other person in control of the vehicle.

Any dispute arising from the manner in which a sample Is collected by an inspector or in connection with the results of any laboratory test or analysis of the sample shall be referred by the aggrieved person or the Director, as the case may be, to the Tribunal.

Establishment
or designation of
Laboratories

48.

The Minister may, by notice published in the Gazette, establish, or where he deems it necessary, designate such laboratories as he thinks fit to be analytical laboratories or reference laboratories at which samples taken under this Act may be tested or. analyzed.

Appointment
of analysis

49.

There shall be appointed in the public service such number of analysts as may be required to carry out such functions and exercise such powers as are necessary for achieving the purposes of this Act.

Certificate
of analysis, etc.

50.

There shall be issued by every analyst in respect of any test or analysis, a certificate showing the results of the test or analysis.

The certificate shall state the method or methods used in carrying out the test or analysis and shall be signed by the analyst who earned out the test or analysis.

A certificate issued under this section shall be prima facie evidence of the results of any test or analysis cawed out under this Act.

Keeping of
records

51.

The Director may, by notice published in the Gazette, prescribe the activities in respect of which records shall be kept for the purposes of this Act and may, require any person in possession or control of such records to transmit the records to the Director at such intervals as the Director may determine.

The records shall be used by the Director or an inspector for purposes of environmental auditing, monitoring, control and inspection and such other purposes related to the protection and management of the environment and the conservation and sustainable utilization of natural resources.

Certificate
of analysis, etc.

52.

Subject to subsection (3), even person shall have access to any information submitted to the Director or any lead agency relating to the implementation of the provisions of this Act or any other law relating to the protection and management of the environment and to the conservation and sustainable utilization of natural resources.

Notwithstanding subsection (1) no person shall be entitle to have access to proprietary information (to which the Marks Act or the Patents Act applies) submitted to or received by the Director under this Act unless with the prior written consent of the owner of the proprietary information.

No person shall, without the consent of the Director, publish or disclose to any person, otherwise than in accordance with the provisions of this Act, the contents of any document, communication or information which relates to and which has come to his knowledge in the course of his duties under this Act.

Any person who contravenes subsection (3) shall be guild of an offense and shall be liable, upon conviction, to a fine of not less than K2,000 and not more than K100,000, and to imprisonment for twelve months.