Water Environment (Abstractions and Associated Impoundments) Act 2022
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Warrant required to enter certain premises | ||
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96. (1) Upon the sworn information of an authorised person, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, records or other documents (including information, books, records or documents stored in non-legible form) relating to the carrying out of an abstraction, are kept at a dwelling, issue a warrant authorising a named authorised person, accompanied by such other authorised persons or members of the Garda Síochána as the judge considers necessary to— | ||
(a) enter the dwelling (if necessary by the use of reasonable force), | ||
(b) inspect the dwelling, and | ||
(c) exercise all or any of the powers of an authorised person under paragraphs (a) to (j) of section 95 (1). | ||
(2) Where an authorised person in the exercise of his or her powers under this Part — | ||
(a) is prevented, or otherwise refused permission, from entering any premises, | ||
(b) has reason to believe— | ||
(i) in the case of an authorised person appointed under section 91 that evidence related to a suspected offence under a regulation under section 8 or 9 declared to be a penal provision, or | ||
(ii) in the case of an authorised person appointed under section 93 that evidence related to a suspected 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, | ||
may be present in any premises and that evidence may be removed therefrom or destroyed, or | ||
(c) has reason to believe that there is a risk to the water environment, | ||
the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising the entry by the authorised person onto the premises. | ||
(3) If, on application to him or her under subsection (2), a judge of the District Court is satisfied on the sworn information of the authorised person that he or she— | ||
(a) has been prevented, or otherwise refused, from entering onto a premises, | ||
(b) has reason to believe that evidence related to a suspected offence under this Act, any regulations made under this Act or an order under section 80 may be present on the premises and that evidence may be removed therefrom or destroyed, or | ||
(c) has reason to believe that there is a risk to the water environment, | ||
the Court may issue a warrant authorising that person, accompanied by other authorised persons or by a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter, if need be by reasonable force, the premises concerned and exercise all or any of the powers conferred on an authorised person under this section or section 95 . |