ENVIRONMENTAL PROTECTION ACT 1994 - SECT 467 Authorised person may take or direct someone to take stated action

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 467

467 Authorised person may take or direct someone to take stated action

(1) To deal with the emergency, the authorised person may—

(a) give a direction (an
"emergency direction" ) to a person to take stated reasonable action within a stated reasonable time, including to release a contaminant into the environment; or

(b) take the action, or authorise another person to take the action.

(2) The authorised person may impose reasonable conditions on the direction.

(3) The direction may be given orally or by written notice.

(4) However, if the direction is given orally, the authorised person must, as soon as practicable, confirm the direction by written notice given to the person.

(5) If the authorised person decides to take the action, the authorised person may—

(a) without a warrant, enter any place (other than premises, or the part of premises, used only for residential purposes) and take the action; and

(b) in taking the action, exercise any of the powers under this chapter; and

(c) if, in taking the action, the authorised person finds a thing that may provide evidence of the commission of an offence against this Act†” sections 461 (1) and 462 apply to the thing as if the thing were the evidence mentioned in the provisions and a warrant had been issued to the authorised person authorising the authorised person to seize it.

(6) The authorised person may exercise the powers mentioned in subsection (5) (
"emergency powers" ) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.

(7) If a person or thing is obstructing or preventing entry to, or action being taken at, any place by an authorised person while exercising or attempting to exercise emergency powers, a police officer may, if asked by the authorised person, using the force that is necessary and reasonable—

(a) remove the person or thing from the place; and

(b) take all reasonable measures to ensure the person or thing does not again obstruct or prevent the action being taken.

(8) In exercising or attempting to exercise emergency powers, an authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

(9) This section does not limit any power an authorised person has apart from this section.

(10) If an authorised person authorises a person to take action under subsection (1) (b) —

(a) the person may exercise the powers mentioned in subsection (5) (a) ; and

(b) the authorised person must inform the person—

(i) of the action the person is authorised to take; and

(ii) of the person’s powers under this section; and

(iii) in general terms, of the provisions of section 486 ; and

(c) subsections (6) , (7) and (8) (so far as they relate to the power mentioned in subsection (5) (a) ) apply to the person as if the person were the authorised person.

(11) A person who takes an action in compliance with an emergency direction does not commit an offence against this Act merely because the person takes the action.