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Section 80: Entry and arrest without warrant

Environment Protection Act · PART XI: ENFORCEMENT

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

80. Entry and arrest without warrant Where— (a) there is, or has been, a contravention of an environmental law; (b) there is reasonable suspicion that a contravention of an environmental law has been, or is likely to be, committed; (c) an environmental emergency is declared; (d) a spill occurs, or is reasonably suspected to have occurred, or is likely to occur; (e) in his opinion, there is a serious pollution, or an imminent risk of serious pollution, of the environment, [Issue 2] E12 – 48 Revised Laws of Mauritius an authorised officer may, at any time, without warrant— (i) enter and search premises, other than a dwelling house; (ii) secure any article, object, equipment, plant, machinery related to the contravention, or suspected to be a cause of spill or pollution to the environment; (iii) secure any document, file, or record reasonably required for the investigation or for the prevention of the contravention; (iiiA) require any person suspected of having committed an offence to produce satisfactory proof of his identity and address; (iv) arrest any person reasonably suspected of having committed or being likely to commit the contravention whose name and address cannot be immediately ascertained, and detain him until his identity and address are known; (v) exercise any of the powers conferred under section 79 (3). [S. 80 amended by s. 27 of Act 6 of 2008 w.e.f. 15 July 2008.]

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