In executing the functions of the Environmental Protection Agency, there are several powers and protections conferred on authorised officers of the Agency while conducting investigations under the Act. Officers of the EPA are empowered to enter premises at any reasonable time to investigate any potential adverse effects on the environment and human health. Examinations and investigations by officers may be accompanied by the use of equipment or materials required to conduct assessments, measurements, testing, monitoring or to otherwise collect evidence such as photographs and environmental samples. The Act also empowers officers to dismantle and/or detain any article which may have caused or is likely to cause pollution of the environment.
Officers also have the right to require the production of statements, declaration of truths, and any records or documentation relevant to the investigation, including electronic data. Persons may also be required to afford such facilities and assistance to officers of the EPA necessary to facilitate the conduct of the investigation or examination. Moreover, officers are protected from civil or criminal liability for executing any of these functions in good faith under reasonable grounds. However, any interference, hindrance, assault or obstruction of an officer during the execution of his duty is an offence punishable by a fine of as much as three hundred thousand dollars ($300,000). Members of the public are therefore encouraged to ensure the authority of officers of the EPA are respected and maintained at all times; failing which, there may be legal consequences.
