22.— (1) The Minister, F21[Irish Water,] or a water services authority, or such other person as may be prescribed, may appoint a person to be an authorised person for the purposes of this Act.

(2) An authorised person may, for any purpose connected with this Act—

(a) at all reasonable times, or at any time if he or she has reasonable grounds for believing that there is or may be a risk to human health or the environment arising from the carrying on of a water services activity at a premises, enter any premises and bring onto those premises such other persons (including a member of the Garda Síochána) or equipment as he or she may consider necessary, or

(b) at any time if he or she has reasonable grounds for suspecting there may be a risk to human health or the environment, or that an offence under this Act is being or is about to be committed, halt and board any vehicle and require the driver of the vehicle to take it to a place designated by the authorised person, and such a vehicle may be detained at that place by the authorised person for such period as he or she may consider necessary, or

(c) enter and inspect any premises for the purposes of obtaining any information which the Minister, F21[Irish Water,] the water services authority or other prescribed person, as the case may be, may require, or of performing a function under this Act.

(3) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling under this section unless he or she has obtained a warrant from the District Court under subsection (8) authorising such entry.

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

(5) Whenever an authorised person enters any premises or boards any vehicle, under this section, he or she may—

(a) take photographs and carry out inspections,

(b) carry out tests and take samples,

(c) monitor any effluent, including trade effluent or other matter which is contained in or discharged from a premises,

(d) carry out surveys, take levels, make excavations and carry out examinations of depth and nature of subsoil,

(e) require that the premises or vehicle or any part of the premises or anything in the premises or vehicle shall be left undisturbed for such period of time as may be specified by the authorised person, which period—

(i) shall be no greater than reasonably necessary, and

(ii) may be extended from time to time by an authorised person where necessary for the purposes of subparagraph (i),

(f) require information from an occupier of the premises or any occupant of the vehicle or any person employed on the premises or any other person on the premises,

(g) require the production of, or inspect, records or documents, or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any records or documents,

(h) examine works,

(i) carry out repairs or remedial works,

(j) replace or renew equipment,

(k) install or ascertain the course or condition of any sewer, drain, water main, distribution system, service connection or related accessories, or carry out maintenance, repairs or renewal on them, or

(l) carry out examinations to ascertain whether water supplied to the premises is being wasted, or consumed in excessive amounts relative to the purpose provided or used for purposes other than for which supplied,

which the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any function under this Act.

(6) (a) An authorised person who, having carried out enquiries in accordance with the powers provided under this section, considers that a water supply or waste water or any associated infrastructure at a premises constitutes a risk, or permits a risk to human health or the environment, may direct the owner or occupier of the premises to take such measures as are considered by that authorised person to be necessary to remove that risk.

(b) If the owner or occupier referred to in paragraph (a) fails to comply with a direction of an authorised person under this subsection, the authorised person may do all things as are necessary to ensure that the measures required under the direction are carried out and the costs incurred by him or her in doing any such thing shall be recoverable from the owner or occupier by him or her, or the person by whom he or she was appointed.

(7) Any person who—

(a) refuses to allow an authorised person to enter any premises or board any vehicle or to bring any person or equipment with him or her in the exercise of his or her powers,

(b) obstructs or impedes an authorised person in the exercise of any of his or her powers,

(c) gives either to an authorised person, F21[Irish Water,]a relevant water services authority or the Board, information which is to his or her knowledge false or misleading in a material respect, or

(d) fails or refuses to comply with any direction or requirement of an authorised person,

commits an offence.

(8) (a) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or if he or she has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed, or if the authorised person has reason to believe that there is a significant immediate risk to human health or the environment, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant under this subsection authorising the entry by the authorised person onto or into the premises.

(b) If, on application being made to the District Court under this subsection, the District Court is satisfied, on the sworn information of the authorised person that he or she has been prevented from entering a premises, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised person or a member of the Garda Síochána F22[or an inspector appointed by the Agency in accordance with section 70E], as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (5) or (6).

(9) An authorised person may, in the exercise of any power conferred on him or her by this Act involving the bringing of any vehicle to any place, or where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána to whom he or she makes such a request shall comply with that request.

(10) An authorised person may enter on land for the purpose of assessing the suitability of the land for any activity, or for use in connection with any activity, authorised under this Act and that entry shall be subject to the relevant provisions of section 252 of the Act of 2000 as if it were an entry made under that section.

(11) The Minister may make regulations for the purpose of this section to provide for all or any of the following matters:

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

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

(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; or

(d) any consequential or ancillary matters.

(12) 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 unless the contrary is shown.