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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 82

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 82

82 .         Ancillary powers for s. 81 and 81A

        (1)         An authorised person or police officer may, for the purpose of enabling the authorised person or police officer to give a direction, or to take or cause to be taken any measures, under section 81(1) or 81A in respect of noise emitted from any premises or to ascertain whether or not an offence under section 81(2) has been committed on any premises —

            (a)         enter those premises, with the aid of such other authorised persons or police officers as the authorised person or police officer considers necessary and, subject to subsection (3), with the use of reasonable force, at any time when the authorised person or police officer considers on reasonable grounds that an unreasonable noise has been or is being emitted from those premises; and

            (b)         whether or not the authorised person or police officer enters those premises, require any person —

                  (i)         who the authorised person or police officer considers on reasonable grounds was or is present in or on those premises at any time during which noise was or is being emitted from those premises; and

                  (ii)         to whom the authorised person or police officer has given an oral or written warning of the obligation of that person to furnish the authorised person or police officer with the name and address of that person and with the name and address of the occupier of those premises,

                to furnish the authorised person or police officer with the names and addresses referred to in subparagraph (ii).

        (2)         A person who does not comply with a requirement made under subsection (1)(b) commits an offence.

        (3)         An authorised person shall not, if the authorised person exercises the power referred to in subsection (1)(a), use force in so doing unless the authorised person is, or is accompanied by, a police officer.

        [Section 82 amended: No. 50 of 1996 s. 10; No. 40 of 2020 s. 111(1).]