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The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

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Powers of entry and default powers

29.—(1) Any person authorised by the Department may, at any reasonable time, enter and inspect any land for the purpose of—

(a)ascertaining whether regulation 4 or 9 has been breached;

(b)ascertaining whether an offence under regulation 21 to 23, 25 or 27 has been committed on or in connection with that land;

(c)serving a screening notice, stop notice or reinstatement notice in respect of that land; or

(d)exercising any function under Schedule 4.

(2) Any person authorised by the Department who has reasonable grounds for suspecting that a person has committed an offence under regulation 23, may enter any premises (but not premises used only as a dwelling) which are, or which such person has cause to believe to be, occupied by, or in the possession of, the person believed to be responsible for committing the offence, and may inspect and take copies of any records he has reasonable cause to believe are relevant to the suspected offence.

(3) If any measures required by a reinstatement notice or by a notice served under paragraph 5 of Schedule 4 have not been taken within the period specified in the notice—

(a)any person authorised by the Department may, at a reasonable time, enter the land to which the notice relates and take those measures, and

(b)recover from the person in default the expenses reasonably incurred by him in doing so.

(4) A person authorised under paragraph (1) to enter any land may remove—

(a)samples of soil;

(b)plant specimens; or

(c)samples taken from plant specimens,

(d)rock samples

for the purpose of ascertaining whether an offence has been committed on or in connection with that land.

(5) A person authorised under paragraph (1), (2) or (3) to enter any land or premises must, if requested to do so, produce evidence of his authority to enter the land or premises.

(6) A person authorised under paragraph (1), (2) or (3) to enter any land or premises may take with him such other persons or such equipment as he considers necessary.

(7) Any person in occupation or possession of land or premises entered by a person authorised under paragraph (1), (2) or (3) must give to that person such assistance as the authorised person may reasonably request so as to enable him to exercise any power conferred on him by this regulation.

(8) A person who intentionally obstructs or impedes any person acting in the exercise of the powers conferred by this regulation or who fails without reasonable excuse to comply with a request made under paragraph (7) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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