Water Environment (Abstractions and Associated Impoundments) Act 2022

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Powers of authorised person

95. (1) An authorised person who has entered a premises under section 94 may—

(a) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts therefrom that he or she finds in the course of his or her inspection,

(b) remove any such books, records, documents, labels or packaging from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes referred to in section 90 or 92 , as appropriate,

(c) conduct, or cause to be conducted, such examinations and inspections of—

(i) any abstraction being carried out at the premises (including by monitoring and measuring the abstraction),

(ii) abstraction works, pipework, storage tanks or any other equipment that may be used in the abstraction of water on the premises, or

(iii) any equipment, machinery or plant found at the premises as he or she reasonably considers to be necessary for the purposes referred to in section 90 or 92 , as appropriate,

(d) require any person at the premises, the owner or person in charge of the premises or any person employed therein to—

(i) give to the authorised person such assistance and information, and

(ii) produce to the authorised person books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof), that are in that person’s possession or procurement,

as the authorised person may reasonably require for the purposes referred to in section 90 or 92 , as appropriate,

(e) require any person at the premises (including the owner, person in charge of the premises and any person employed therein) to answer such questions as the authorised person may ask relative to any matter in connection with compliance with this Act,

(f) for the purposes of analysis and examination, take samples of water, soil or any other substance found at the premises,

(g) direct that any water, soil, other substance or any matter or thing that is found at the premises not be moved from the premises without his or her consent,

(h) secure for later inspection the premises, or any part of the premises, in which an abstraction is being carried out or in which water, soil or any other matter, or anything referred to in paragraph (b) is found or ordinarily kept, for such period as may reasonably be necessary for the purposes referred to in section 90 or 92 , as appropriate,

(i) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) anything referred to in paragraph (b) found at the premises, or

(j) take any other actions necessary for the purposes of an environmental inspection.

(2) Where an authorised person—

(a) appointed under section 91 , upon reasonable grounds, believes that a person has committed an offence under a regulation under section 8 or 9 declared to be a penal provision, or

(b) appointed under section 93 , upon reasonable grounds, believes that a person has committed an offence under this Act, a regulation under section 57 or 73 declared to be a penal provision or an article of an order under section 80 declared to be a penal provision,

the authorised person may require the person to provide the authorised person with his or her name and the address at which he or she ordinarily resides and documentary confirmation thereof.

(3) A statement or admission made by a person pursuant to a requirement under paragraph (d) or (e) of subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under section 103 (b)).

(4) An authorised person may be accompanied by such and so many members of the Garda Síochána as he or she considers necessary when exercising a power under this Part.

(5) In this section “person in charge” means, in relation to a premises—

(a) the person under whose direction and control any activities at that premises are being conducted, or

(b) the person whom the authorised person reasonably believes to be directing and controlling any activities taking place at that premises.