Commonwealth Numbered Acts

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 No. 101 of 1981 - SECT 29

29. (1) This section applies to -

   (a)  any Australian vessel, Australian aircraft or Australian platform;

   (b)  any vessel or any aircraft that is in Australia or an external
        Territory; and

   (c)  any vessel, or any aircraft capable of landing on water, that is in
        Australian waters.

(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 31 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 Australian 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 Australia or an external Territory 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) Where an inspector (other than a member of a police force who is in
uniform) boards a vessel, aircraft or platform to which this section applies,
he shall -

   (a)  in the case of a member of a police force - produce, for inspection by
        the person in charge of that vessel, aircraft or platform, written
        evidence of the fact that he is a member of that police force; or

   (b)  in any other case - produce his identity card for inspection by that
        person, and, if he fails to do so, he is not authorized to remain, or
        to require any person assisting him to remain, on board that vessel,
        aircraft or platform or to detain that vessel or aircraft.

(7) Where an inspector (other than a member of a police force who is in
uniform) makes a requirement of a person under this section, the inspector
shall -

   (a)  in the case of a member of a police force - produce, for inspection by
        that person, written evidence of the fact that he is a member of that
        police force; or

   (b)  in any other case - produce his identity card for inspection by that
        person, and, if he fails to do so, that person is not obliged to
        comply with the requirement.

(8) A person who, without reasonable excuse, fails to comply with a
requirement made of him by an inspector under this section is guilty of an
offence punishable on conviction by a fine not exceeding $2,000.