Ordnance Survey Ireland Act, 2001

Powers of OSI to enter lands.

10.—(1) A member of the staff of OSI may, at all reasonable times, enter on any land or premises and there make such inquiries, investigations and examinations as he or she thinks proper for the purpose of the performance of any of the functions conferred on OSI by this Act.

(2) A member of the staff of OSI shall not, other than with the consent of the occupier, enter a private dwelling or its curtilage, unless he or she has obtained a warrant from the District Court under subsection (6) authorising such entry.

(3) Where a member of the staff of OSI in the exercise of his or her powers under this section is prevented from entering any land or premises an application may be made under subsection (6) authorising such entry.

(4) For the purpose of the exercise or performance of any of the functions conferred on it under this Act, OSI may place or cause to be placed on any land or premises survey marks for the purpose of supporting the national grid and geodetic and height frameworks.

(5) A member of the staff of OSI, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any functions conferred on him or her by this Act.

(6) If a judge of the District Court is satisfied on the sworn information of a member of the staff of OSI that OSI requires to make such inquiries, investigations and examinations, as it thinks proper, for the purpose of the performance of any of the functions conferred on OSI by this Act, on any land or premises (including the curtilage of any premises), the judge may issue a warrant authorising a member of the staff of OSI accompanied by other persons at any reasonable time or times, within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the land (if needs be through any premises) or premises and carry out such inquiries, investigations and examinations.

(7) An application under subsection (6) shall be made to a judge of the District Court for the district court area in which the land or premises is situated.

(8) A person who obstructs or impedes a member of the staff of OSI in the exercise of his or her powers under this section is guilty of an offence.

(9) A person who intentionally destroys or removes a survey mark of OSI is guilty of an offence.

(10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13).