Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)8. Right of entry upon land |
| (1) | Any person or member referred to in section 7 and any other person authorized thereto by the Authority may enter upon any land with such workmen, machinery, vehicles, equipment, appliances, instruments and other articles, and may perform all such acts thereon, as may be necessary for the purpose of complying with any provision of this Act, or for the purpose of making any enquiries or undertaking any investigations with a view to determining whether any pollution of the sea by a harmful substance has occurred and whether the removal of such pollution is feasible, or for the purpose of erecting camps or other temporary works which may be considered necessary in connection with the removal of such pollution, or for the purpose of ascertaining whether or not any provision of the Marine Pollution Acts or condition imposed thereunder is being complied with, and may, for the purpose of gaining access to such land, enter upon and cross any other land with the said workmen, machinery, vehicles, equipment, appliances, instruments and other articles: Provided that— |
| (a) | no such entry shall be made into any building, or upon any enclosed space attached to a dwelling, except with the consent of the occupier thereof; |
| (b) | as little damage, loss or inconvenience as possible shall be caused in the exercise of the powers conferred by this subsection, and such compensation as may be agreed upon or, failing agreement, determined by a competent court, shall be paid from the National Revenue Fund for any damage, loss or inconvenience so caused. |
[Section 8(1)(b) substituted by section 2 of Act No. 9 of 1990]
[Section (1) amended by section 34 of Act No. 23 of 1997]
| (2) | Any person who prevents any entry authorized or the exercise of any powers conferred by subsection (1) or who wilfully obstructs or hinders any person so entering in the performance of his functions under this Act shall be guilty of an offence. |