Section 48, The Environment Protection Agency Act, 2022

(1) An authorised officer shall, at all reasonable times,without warrant and in accordance with the terms of an authorisation issued by the Agency under this Act- (a) enter land, premise, vessel or vehicle to carryout examinations and enquiries to determine whether this Act is complied with; Importers and exporters to keep records of supplies. Storage of substances or controlled products. Powers of authorised officer. (b) entitled the holder to only import or export the controlled substance or controlled product specified in the permit only through authorized custom ports or entry and exit; and (c) expires on the 31st day of December of the year of issue and all imports relating to the permit shall arrive at the port of entry in Sierra Leone not later than 31st day of December of that year. (6) A person who imports or exports a controlled substance or controlled product shall provide a copy of the permit, bill of lading and invoice to the authorised officer of the Agency who shall certify the quantity of the controlled substances or controlled products imported or exported at the port of entry. (7) Aperson who imports or exports a controlled substance or controlled product without a valid permit issued by the Agency for that purpose, commit an offence and is liable on conviction, in the case of a- 50,000,000.00 Leones or to imprisonment for a term of not less than 3 years; and (b) body corporate, to a fine of not less than 44. A person who imports or exports goods shall, on request by a customs officer or an authorised officer, tender the goods for verification as to whether they contain or are made with controlled substances or controlled products. 45. The Agency shall maintain a register of importers and exporters of controlled substances and controlled products. Customs verification of goods. maintain register of im porters and ex-porters. No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022 (b) require the production of, inspect and examine and copy a licence, register, records and other documents required under this Act or any other law relating to the environment and the management of natural resources; (c) take samples of articles or substances and submit the samples for test or analysis; (d) carry out periodic inspections of establishments whose activities are likely to have significant impact on the environment; (e) in consultation with the Executive Chairman, order- (i) the seizure of a vessel, motor vehicle, manufacturing plant, equipment or any other thing which has been used in committing an offence under this Act; or (ii) the closure of a manufacturing plant or other facility which pollutes or is likely to pollute the environment for suchperiod as the Executive Chairman may determine; (f) on the instructions of the Executive Chairman, issue an improvement notice requiring an occupier of a manufacturing plant or other facility to- (i) cease an activity that is harmful to the environment; or (ii) install a new plant or safeguards, within such reasonable time as the Executive Chairman may determine; and (g) arrest and hand over a person whom he believes has committed an offence under this Act to the police. (2) An authorised officer may, at any time, install equipment on land, premises, manufacturing plant, motor vehicle or vessel for the purpose of monitoring compliance with this Act. (3) A person who- (a) hinders or obstructs an authorised officer in the execution of his duties under this Act; (b) fails to comply with a lawful order or request made by an authorised officer in accordance with this Act; (c) refuses an authorised officer entry on land or into premises which he is empowered by this Act to enter; (d) impersonates an authorised officer; (e) refuses an authorised officer access to records kept in accordance with this Act; (f) fails to state or wrongly states his name or address to an authorised officer in the course of his duties under this Act; (g) misleads or gives wrongful information to an authorised officer under this Act; (h) fails to carry out an improvement notice issued by an authorised officer under paragraph (f) of subsection (1), commits an offence and is liable on conviction in the case of- 34 35 No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022 (3) Where a substance is - (a) parked in small containers or packages; (b) likely to change, deteriorate or be damaged by exposure; or (c) dangerous or may have other significant impact on human health or the environment when opened, the authorised officer shall take 3 containers or packages as samples and mark, seal and deliver them as provided in subsection (2). (4) Where after analysis, the result of the analysis is disputed, the sample delivered to the Agency or its duly authorised agent may be sent to a reference laboratory designated by the Board under section 49 for further analysis.