Environment Protection (Sea Dumping) Act 1984 (SA)

South Australia Environment Protection (Sea Dumping) Act 1984 An Act to provide for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects; and for related purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Exemption 5 Act to bind the Crown Part 2—Regulation of dumping and incineration at sea Division 1—Dumping at sea 6 Dumping of wastes or other matter 7 Dumping of vessels etc 8 Loading of wastes or other matter for dumping 9 Defences to charge of an offence 10 Offences under this Division Division 2—Incineration at sea 11 Incineration at sea Division 3—Reparation on account of dumping 12 Restoration of environment 13 Liability for expenses incurred by the State resulting from dumping Part 3—Permits 14 Application for permit 15 Grant of permit 16 Suspension and revocation of permits 17 Conditions in respect of permits 18 Radioactive wastes or other matter 19 Applications to Minister to vary operation of permits 19A Matters to be published in Gazette Part 4—Inspectors 20 Appointment of inspectors 21 Identity cards and their production 22 Boarding of vessels etc by inspector 23 Access to premises 24 Functions of inspector 25 Powers of arrest of inspectors 26 Immunity from personal liability Part 5—Miscellaneous 27 Review of decision to refuse permit 28 Injunctions 29 Delegation 30 False statements 31 Compliance with conditions of permit 32 No time limit for prosecution 33 Evidence 34 Evidence of analyst 35 Fees 36 Operation of Prevention of Pollution of Waters by Oil Act 1961 not affected 37 Regulations Schedule 1—Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter Schedule 2—Resolution adopted on 12 October 1978 Schedule 3—Resolution adopted on 24 September 1980 Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Environment Protection (Sea Dumping) Act 1984. 2—Commencement (1) This Act shall come into operation on a day to be fixed by proclamation. (2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation. 3—Interpretation (1) In this Act, unless the contrary intention appears— coastal waters means, in relation to the State, that part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth; the Convention means the Convention entitled "Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter" being the Convention of a copy of which in the English language is set out in Schedule 1, as amended by— (a) the amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in Schedule 2; and (b) the amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in the Schedule 3; and (c) any other amendment to the Convention— (i) which is accepted by Australia; and (ii) which, as a copy of that amendment in the English language, is set out in the regulations; holder of a permit means the person to whom a permit has been granted under Part 3; inspector means— (a) a person appointed as an inspector under section 20; or (b) a member of a police force who is an inspector by virtue of section 20; owner, in relation to a vessel, aircraft or platform, includes— (a) every person who is a co-owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and (b) every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform; permit means a permit granted under Part 3; person in charge means— (a) in relation to a vessel—the master or other person in charge of the vessel; or (b) in relation to an aircraft—the person in charge of the aircraft; or (c) in relation to a platform—the person in charge of the operations conducted on or from the platform; platform means any manmade structure at sea, that is fixed to the seabed beneath coastal waters; premises means— (a) a building, structure or place (including a vehicle); or (b) a part of premises as defined above. (2) Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention. 4—Exemption This Act does not apply— (a) in relation to the disposal of wastes or other matter directly arising from, or related to, the exploration, exploitation and associated offshore processing, of seabed mineral resources; or (b) in relation to a vessel, aircraft or platform belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of a foreign country. 5—Act to bind the Crown (1) This Act binds the Crown but nothing in this Act renders the State liable to be prosecuted for an offence. (2) Subsection (1) does not affect any liability of a person in charge of a vessel, aircraft or platform of which the State is the owner to be prosecuted for an offence. Part 2—Regulation of dumping and incineration at sea Division 1—Dumping at sea 6—Dumping of wastes or other matter Where, otherwise than in accordance with a permit, any wastes or other matter are dumped into coastal waters from any vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform and the owner of the wastes or other matter are each guilty of an offence. 7—Dumping of vessels etc Where, otherwise than in accordance with a permit, a vessel, aircraft or platform is dumped into coastal waters, the owner of the vessel, aircraft or platform that is so dumped is guilty of an offence and, in addition, where the dumping takes place from a vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform are each guilty of an offence. 8—Loading of wastes or other matter for dumping (1) Where, otherwise than in accordance with a permit, any prescribed matter is loaded on any vessel or aircraft in the State or in coastal waters, or on any platform, for the purpose of being dumped into the sea or being incinerated at sea, the owner and the person in charge of the vessel, aircraft or platform and the owner of the prescribed matter are each guilty of an offence. (2) In subsection (1)— prescribed matter means— (a) any wastes or other matter; or (b) any vessel, aircraft or platform. 9—Defences to charge of an offence It is a defence to a charge of an offence under section 6 or 7 if the defendant proves that— (a) the dumping the subject of the charge was necessary to secure the safety of human life, or of a vessel, aircraft or platform, at sea in a case of force majeure caused by stress of weather; or (b) the dumping the subject of the charge was the only reasonable way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, at sea and there was every probability that the damage caused by such dumping would be less than would otherwise occur, and, in either case, that— (c) the dumping was so conducted as to minimise the likelihood of damage to human or marine life; and (d) a report of the dumping, setting out the prescribed information, was furnished to the Minister as soon as practicable after the occurrence of the dumping. 10—Offences under this Division The penalty upon conviction of an offence under this Division is a fine not exceeding— (a) where the offence relates to wastes or other matter to which Annex I to the Convention applies—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or (b) where the offence relates to wastes or other matter to which Annex II to the Convention applies—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or (c) in any other case—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate. Division 2—Incineration at sea 11—Incineration at sea (1) This section applies to incineration at sea carried out on, or carried out from— (a) a vessel in coastal waters; or (b) a platform. (2) The incineration at sea of wastes or other matter listed in paragraphs 2, 3, 4, 6 and 7 of Annex I to the Convention, being incineration to which this section applies, is prohibited. (3) The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention, being incineration to which this section applies, is prohibited. (4) The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in Annex II, being incineration to which this section applies, is prohibited. (5) The incineration at sea, otherwise than in accordance with a permit, of any wastes or other matter (other than wastes or other matter referred to in subsection (2), (3) or (4)), being incineration to which this section applies, is prohibited. (6) The owner and the person in charge of a vessel or platform on which incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so incinerated are each guilty of an offence against this section and liable, on conviction, to a fine not exceeding— (a) where the incineration was in contravention of subsection (2)—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or (b) where the incineration was in contravention of subsection (3)—the sum of forty thousand dollars if the offender is a natural person or the sum of eighty thousand dollars if the offender is a body corporate; or (c) where the incineration was in contravention of subsection (4)—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or (d) where the incineration was in contravention of subsection (5)—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate. Division 3—Reparation on account of dumping 12—Restoration of environment Where— (a) wastes or other matter are, or a vessel, aircraft or platform is, dumped into coastal waters; and (b) the Minister considers that that dumping is likely to— (i) cause an obstruction, or constitute a danger, to vessels; or (ii) result in harm to human or marine life; or (iii) result in interference with the exercise of the sovereign rights of Australia as a coastal State to explore and exploit the natural resources of the seabed and subsoil lying beneath Australian waters, the Minister may cause to be taken such steps as he thinks proper to repair or remedy any condition, or to mitigate any damage, arising from that dumping. 13—Liability for expenses incurred by the State resulting from dumping (1) Where— (a) a person has been convicted of an offence under section 6 or 7; and (b) by reason of the exercise by the Minister of his powers under section 12, the State has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from the dumping that constituted the offence, a person so convicted is liable to pay to the State an amount equal to the total amount of those expenses and liabilities of the State and that amount may be recovered, as a debt due to the State by the person, by action in a court of competent jurisdiction. (2) Where two or more persons have been convicted of offences referred to in subsection (1) in respect of the same act of dumping, the State is not, by virtue of that subsection, entitled to recover from those persons amounts that, in the aggregate, exceed the total amount of the expenses and liabilities incurred by the State, by reason of the exercise by the Minister of his powers under section 12, as a result of that dumping. (3) Subject to subsection (4), where the owner of a vessel, aircraft or platform— (a) has been convicted of an offence under section 6 or 7 with respect to dumping from the vessel, aircraft or platform; and (b) is liable by virtue of subsection (1) to pay an amount to the State in respect of that offence, that amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister. (4) Subsection (3) does not entitle a person to detain a vessel or aircraft unless the vessel or aircraft is in the State or in coastal waters. (5) Where— (a) a vessel that has been detained under subsection (3) goes to sea before it is released from detention; or (b) an aircraft that has been detained under subsection (3) leaves the State before it is released from detention, the master and owner of the vessel or aircraft, as the case may be, shall each be guilty of an offence and shall be liable— (c) in the case of the master—to a fine not exceeding the sum of five thousand dollars or imprisonment for a term not exceeding two years, or both; or (d) in the case of the owner, if the owner is not a body corporate—to a fine not exceeding the sum of five thousand dollars or imprisonment for a term not exceeding two years, or both; or (e) in the case of the owner, if the owner is a body corporate—to a fine not exceeding the sum of ten thousand dollars. Part 3—Permits 14—Application for permit (1) Subject to this Act, a person may make an application to the Minister for the grant of a permit under this Act. (2) Subject to section 15, a person may not make an application under subsection (1)— (a) in relation to the dumping or loading for dumping of any wastes or other matter to which Annex I to the Convention applies; or (b) in relation to the incineration at sea of wastes or other matter listed in paragraph 2, 3, 4, 6 and 7 of Annex I to the Convention. (3) An application for a permit must be made in accordance with the appropriate form approved by the Minister from time to time. (4) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him to deal with the application, he may, by notice in writing served on the applicant not later than sixty days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 15, not to have been duly made until the statement is furnished. (5) Where, in his preliminary consideration of an application for a permit for dumping, the Minister forms the view that, in order to enable him to decide whether a permit should be granted or not, or to formulate conditions that should be imposed in respect of a permit if a permit is granted, it will be necessary for research and analysis to be undertaken to determine the effect that the proposed dumping may have on the marine environment, the Minister, before giving further consideration to the application, may require the applicant to enter into an agreement with the State that includes one or more of the following provisions: (a) that the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and analysis as is specified in the agreement, being research and analysis relating to the effect that the proposed dumping might have on the marine environment; (b) that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research and analysis of a kind referred to in paragraph (a); (c) that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research and analysis undertaken by the applicant in accordance with the agreement; (d) that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement— (i) the State may undertake the necessary research and analysis; and (ii) in that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking; (e) that the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement; (f) that the applicant will report to the Minister the results of any research and analysis undertaken by him in accordance with the agreement. (6) Where an applicant is required under subsection (5) to enter into an agreement with the State providing for the undertaking of research and analysis as specified in the agreement, his application shall be deemed, for the purposes of section 15, not to have been duly made until the research and analysis has been completed to the satisfaction of the Minister. 15—Grant of permit (1) Subject to this section, the Minister may, in his discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 14. (2) The Minister shall give a decision under subsection (1) on an application for a permit within ninety days after the application is made. (3) Subject to subsection (4), a permit for dumping or loading for dumping shall not be granted in respect of any wastes or other matter to which Annex I to the Convention applies. (4) The Minister may grant a permit for dumping or loading for dumping wastes or other matter to which Annex I to the Convention applies if, in the opinion of the Minister, there is an emergency posing an unacceptable risk relating to human health and admitting no other feasible solution. (5) In considering the granting of a permit for dumping or loading, the Minister shall have regard to— (a) the factors set forth in Annex III to the Convention; and (b) in a case to which Section B of Annex II to the Convention applies—the matters set out in that Section; and (c) in a case to which Section D of Annex II to the Convention applies—any recommendations referred to in that Section. (6) A permit for incineration at sea of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to that Annex and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation. (7) A permit for incineration at sea of wastes or other matter listed in Annex II to the Convention shall not be granted except in accordance with the Regulations for the Control of Incineration of Wastes and Other Matter at Sea set forth in the Addendum to Annex I, to the extent that those regulations are applicable, and, in considering the granting of such a permit, the Minister shall take full account of the Technical Guidelines on the Control of Incineration of Wastes and Other Matter at Sea adopted by the Contracting Parties to the Convention in consultation, to the extent that those guidelines are applicable. (8) Before granting a permit for dumping, the Minister may require the applicant to enter into an agreement with the State that includes one or more of the following provisions: (a) that the applicant will, at his own expense but subject to the direction and supervision of the Minister, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation of any contaminants; (b) that the applicant will investigate, as specified in the agreement and subject to the direction and supervision of the Minister, the possibility of avoiding or reducing the need for further dumping by him; (c) that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph; (d) that the applicant will reimburse the State the amount, as ascertained by the Minister, of any expense incurred by the State in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement; (e) that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement— (i) the State may undertake the necessary research, monitoring or investigation, as the case may be; and (ii) in that event, the applicant will reimburse the State the amount, as ascertained by the Minister, of the expense incurred by the State in connection with such undertaking; (f) that the applicant is to give a security to the State for the payment of any amount that he may become liable to pay to the State under the agreement; (g) that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him in accordance with the agreement. (9) A permit granted under this section shall be expressed, in accordance with the Convention, to be either a general permit or a special permit. 16—Suspension and revocation of permits (1) The Minister may, at any time, by notice in writing served on the holder of a permit, vary, suspend or revoke the permit where he is satisfied that— (a) a provision of this Act relating to the permit or a condition imposed in respect of the permit has been contravened; or (b) it is necessary or expedient to do so in order properly to regulate the activities with which this Act is concerned. (2) A suspension of a permit may be of indefinite duration or for a period specified in the notice. (3) Where proceedings for an offence in relation to a permit are commenced during a period of suspension of the permit, the suspension may be continued until the proceedings (including any review) are completed. (4) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run. (5) The suspension of a permit does not prevent its revocation. (6) The revocation or suspension of a permit takes effect when notice of the revocation or suspension, as the case may be, is served on the holder of the permit or on such later date (if any) as is specified in the notice. 17—Conditions in respect of permits (1) The Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed. (2) A condition imposed in respect of a permit, or a revocation, suspension, variation or cancellation of suspension of such a condition, takes effect when notice of the condition or of the revocation, suspension, variation or cancellation is served on the holder of the permit or on such later date (if any) as is specified in the notice. 18—Radioactive wastes or other matter (1) Where the Minister proposes to grant a permit for the dumping or loading of wastes or other matter that are radioactive, the Minister shall— (a) state in the permit that the permit is a permit for dumping or loading, as the case may be, radioactive wastes or other matter; and (b) appoint such escorting officers (if any) as he thinks necessary to be present on board any vessel on which the wastes or other matter are to be carried for the purpose of— (i) observing the loading, and stowing, on board the vessel of the wastes or other matter; and (ii) monitoring the levels of radiation caused by the wastes or other matter; and (iii) observing the dumping into the sea of the wastes or other matter in accordance with the permit; and (iv) giving to the master of the vessel— (A) such directions as the escorting officer thinks necessary in relation to any matter arising out of the presence on board the vessel of the wastes or other matter; or (B) such directions as the escorting officer thinks necessary to ensure that the handling or stowing of the wastes or other matter on board the vessel, or the dumping into the sea of such wastes or other matter, is in accordance with the permit or with any condition imposed in respect of the permit (including a direction to cease loading, or to cease dumping into the sea, the wastes or other matter or any part of the wastes or other matter). (2) It shall be a condition of every permit for dumping or loading radioactive wastes or other matter that the holder of the permit will ensure that— (a) any escorting officers appointed by the Minister in relation to the permit— (i) are received on board any vessel used, or to be used, for the carriage of the wastes or other matter concerned during all times when their presence on board is necessary for the purpose of carrying out their functions; and (ii) are supplied with any necessary food and accommodation, being food and accommodation of an acceptable standard, when they are on board the vessel; and (b) in the case of a permit for dumping—any escorting officers on board when dumping has ceased are, in accordance with arrangements agreed between the holder of the permit and the Minister, returned to the port of embarkation or such other place as is agreed between the holder of the permit and the Minister. (3) When a vessel that has on board an escorting officer for the purpose of carrying out his functions in relation to radioactive wastes or other matter on board, or to be loaded on board, the vessel, the person in charge of the vessel— (a) shall permit the escorting officer to have access to every part of the vessel to which it is necessary that he have access for the purpose of carrying out his functions; and (b) when requested by the escorting officer so to do, shall give to the escorting officer any information in the possession of the person in charge concerning the radioactive wastes or other matter; and (c) shall not take any action, or cause or permit any action to be taken, in relation to the radioactive wastes or other matter that is in contravention of any direction given to him by the escorting officer in the carrying out of his functions. Penalty: Ten thousand dollars. (4) It is a defence to a charge of an offence under subsection (3)(c) if the person in charge of the vessel proves that the action the subject of the charge was necessary to ensure the safety of the vessel or of any person on board. (5) For the purposes of this section, wastes or other matter shall not be regarded as being radioactive if they are not, by virtue of regulations made under the Radiation Protection and Control Act 1982 subject to any control under Part 3 of that Act. 19—Applications to Minister to vary operation of permits (1) The holder of a permit may make application to the Minister for the revocation or variation of a condition imposed in respect of the permit. (2) The holder of a permit that is suspended may make application to the Minister for the cancellation of that suspension. (3) The Minister shall, within sixty days after the receipt of an application under subsection (1) or (2)— (a) if he is satisfied that the application should be granted— (i) revoke the condition; (ii) vary the condition in accordance with the application; (iii) cancel the suspension of the permit, as the case may be; (b) if he is not so satisfied—refuse to grant the application. 19A—Matters to be published in Gazette The Minister must cause to be published in the Gazette particulars of— (a) applications for permits; and (b) permits granted and any conditions imposed in respect of those permits; and (c) refusals to grant permits; and (d) any revocation, suspension or cancellation of suspension of a permit; and (e) any revocation, suspension, variation or cancellation of suspension of a condition imposed in respect of a permit. Part 4—Inspectors 20—Appointment of inspectors (1) The Minister may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act. (2) Every member of the police force of the State shall, by virtue of his office, be an inspector for the purposes of this Act. 21—Identity cards and their production (1) The Minister shall, subject to subsection (2), issue to every inspector an identity card stating the name of that person and the fact that he is an inspector under this Act. (2) The issue of an identity card is not required in the case of an inspector who is a member of the police force of the State. (3) An inspector shall, upon demand by any person in relation to whom he is exercising or proposing to exercise any of his powers under this Act, produce his identity card, or where the inspector is a member of the police force not in uniform, his warrant card, for the inspection of that person. (4) Where a person in possession of an identity card issued to him under subsection (1) ceases to be an inspector, he shall forthwith return the identity card to the Minister. Penalty: One thousand dollars. 22—Boarding of vessels etc by inspector (1) This section applies to— (a) any vessel or any aircraft that is in the State; (b) any vessel, or any aircraft capable of landing on water, that is in coastal waters, or any platform. (2) An inspector may, with such assistance as he thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 24 if he believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform— (a) any matter or thing that is to be dumped into the sea or incinerated at sea; or (b) any matter or thing that may afford evidence as to the commission of an offence against this Act, and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft. (3) An inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence. (4) Where an inspector believes on reasonable grounds that a vessel to which this section applies and that is in coastal waters has been used or otherwise involved in the commission of an offence against this Act, he may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in South Australia to which it is safe and practicable to bring the vessel. (5) An inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform. (6) A person who, without reasonable excuse, fails to comply with a requirement made of him by an inspector under this section shall be guilty of an offence. Penalty: Two thousand dollars. 23—Access to premises (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 24. (2) Where an inspector has reason to believe that there is on premises— (a) any matter or thing that is to be dumped into the sea or incinerated at sea; or (b) any matter or thing that may afford evidence as to the commission of an offence against this Act, the inspector may apply to a Justice of the Peace for a warrant authorising the inspector to enter the premises for the purpose of exercising the functions