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Powers of inspectors.
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29.—(1) An inspector shall for the purposes of the execution of this Act and any order or regulations made thereunder have power—
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(a) to inspect and examine any radioactive substances, nuclear devices, irradiating apparatus or any substances, materials or objects containing or consisting of, or suspected of containing or consisting of, radioactive substances, nuclear devices or irradiating apparatus and carry out any other such examination as may be necessary to ascertain whether the provisions of this Act and orders or regulations made thereunder are complied with,
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(b) to require the person who carries on any activities relating to such substances, devices, apparatus, materials or objects and any person employed in connection therewith to produce to the inspector any books, documents or records relating to such activities which are in that person's power or control and to give to the inspector such information as he may reasonably require in regard to any entries in such books, documents and records,
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(c) to inspect and copy or take extracts from any such books, documents or records,
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(d) to require a person mentioned in paragraph (b) of this subsection to give to the inspector any information which he may reasonably require to ascertain whether the provisions of this Act or any orders or regulations thereunder have been complied with,
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(e) to take samples of or from any animals, poultry, eggs, crops, carcases, feeding stuffs, fish, seaweed, water or other food or any substance or material or object for the purposes of determining whether it contains or consists of a radioactive substance, nuclear device or irradiating apparatus,
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(f) to examine any animal, poultry, fish or seaweed and make such tests as he considers appropriate,
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(g) to capture any fauna or to take and kill any fauna for the purposes of determining whether it contains a radioactive substance or whether it is affected by levels of activity which exceed the specified levels, and
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(h) to examine such fauna or sample taken therefrom and make such tests as he considers appropriate.
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(2) Where an inspector is of the opinion that there is or there may be a danger to any individual, land, building or other property arising from any radioactive substance, nuclear device or irradiating apparatus or arising from levels of activity or ionising radiation in excess of specified levels, in addition to the powers set out in subsection (1) of this section, the inspector shall have power to—
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(a) take control of the custody and use of a radioactive substance, nuclear device or irradiating apparatus;
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(b) seize and detain any such substance, device or apparatus;
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(c) undertake or arrange the safe disposal of such substance, device or apparatus;
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(d) seize and detain any animals, fauna, poultry, eggs, crops,carcases, feeding stuffs, dung, litter, fish, seaweed, bottled water or any food; and
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(e) make any place, building, material or other object free from contamination by ionising radiation or radioactive substances.
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(3) In pursuance of the powers set out in subsection (1) or (2) of this section, an inspector shall have power—
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(a) to enter at all times, by day and by night, and bring with him such equipment and persons as may be appropriate in the circumstances, any building, land or other place, aircraft, marine vessel, lorry or other vehicle;
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(b) to take with him a member of the Garda Síochána if he has reasonable grounds to apprehend any obstruction in the execution of his duties;
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(c) by direction, to order persons to evacuate any land, building or other premises; and
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(d) by direction, to order persons to perform or refrain from performing any act if, in his opinion, the performance of such act (as the case may be) is necessary in order to prevent or alleviate the escalation of the danger.
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(4) No one shall be required by virtue of paragraph (d) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.
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(5) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the request of an inspector in pursuance of this section or to produce any books, documents or records which he is required by or in pursuance of this Act to produce, or wilfully withholds any information which the inspector may reasonably require to ascertain whether the provisions of this Act or orders or regulations made under this Act are complied with or prevents an inspector from exercising his powers under paragraph (e) of subsection (1) of this section or subsection (2) of this section that person shall be deemed to obstruct an inspector in the execution of his duties under this Act.
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(6) Where an inspector is obstructed in the execution of his powers or duties under this Act—
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(a) the person in charge of the activities being carried out at the building, land or other place, or in the aircraft, marine vessel, lorry or other vehicle, and, if the person obstructing the inspector is not the person in charge, the person obstructing the inspector shall be guilty also of an offence under this section, and
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(b) in any other case, a person obstructing the inspector shall be guilty of an offence under this section.
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(7) A person who does not comply with a requirement made or a direction given by an inspector under this section shall be guilty of an offence.
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(8) It shall be an offence for a person falsely to pretend to be an inspector.
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(9) Save in the case of a radiological emergency, an inspector shall consult with the Minister for Finance before exercising any powers conferred on him by paragraphs (g) and (h) of subsection (1) or paragraph (d) as it applies to fauna of subsection (2) of this section.
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