Air Pollution Act 1987

F32[Authorised person for purpose of fuels register.

22F

22F. (1) An authorised person shall have and may exercise all the powers conferred on an authorised person under section 13 of the Environmental Protection Agency Act 1992 for any purpose connected with the functions conferred on the Agency under sections 22A to 22E.

(2) A person who—

(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,

(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him or her by this section,

(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or

(d) fails or refuses to comply with any requirement of this section,

shall be guilty of an offence.

(3) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or where he or she has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising such entry.

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

(5) Without prejudice to the generality of subsection (4), 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 analyses;

(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 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.

(6) Any certificate or other evidence given or to be given in respect of any prescribed 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.

(7) In this section "authorised person" means an authorised person within the meaning of the Environmental Protection Agency Act 1992 standing appointed under that Act for the time being.]

Annotations:

Amendments:

F32

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

E115

Power pursuant to subss. (4), (5) exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E116

Previous affecting provision: power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).

E117

Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).