Air Pollution Act, 1987

Powers of authorised person.

14.—(1) Subject to subsection (2), an authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter into any premises and to bring therein such other persons or equipment as he may consider necessary for the purpose.

(2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.

(3) Every authorised person shall be furnished with a certificate of his appointment and when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) Whenever an authorised person enters into any premises pursuant to this section, he may therein—

(a) make such plans and carry out such inspections,

(b) make such tests and take such samples,

(c) require from the owner or occupier of the premises or from any other person on the premises such information, or

(d) inspect such records or such documents,

as he, having regard to all the circumstances, considers necessary for the purposes of this Act.

(5) Any person who obstructs an authorised person in the exercise of his powers under this section or who fails to comply with a requisition of an authorised person or who wilfully withholds any information which the authorised person requires shall be guilty of an offence.

(6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry.

(7) The Minister may make regulations for the purposes of this section.

(8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters:

(a) the taking of samples and the carrying out of tests, examinations and analysis of samples;

(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analysis;

(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given;

(d) that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis until the contrary is shown.