ENVIRONMENTAL PROTECTION ACT 1986 - SECT 87
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 87
87 . Authorised persons, appointment of
(1) The CEO may
appoint persons or members of classes of persons to be authorised persons for
the purposes of this Act and may, when making such an appointment and without
limiting the generality of section 52 of the Interpretation Act 1984 , limit
the powers conferred on the persons or members so appointed by specifying in
the authorities issued to those persons or members under subsection (2)
—
(a)
which of those powers those persons or members are entitled to exercise; or
(b)
during which portions of each day of 24 hours those persons or members may
exercise those powers which they are entitled to exercise,
or both, and that
limitation shall have effect according to its tenor.
(2) The CEO shall
cause to be issued to each authorised person an authority in writing signed by
the CEO and bearing a photograph of that authorised officer.
(3) An authorised
person shall produce the authority issued to the authorised person under
subsection (2) whenever required to do so —
(a) by a
person in respect of whom the authorised person has exercised, is exercising,
or is about to exercise any of the powers —
(i)
conferred on the authorised person by or under this Act;
and
(ii)
which the authorised person is entitled to exercise;
or
(b) on
applying for admission to any premises or place which an authorised person is
empowered by this Act to enter.
(4) The appointment of
a person under subsection (1) does not —
(a)
render Part 3 of the Public Sector Management Act 1994 , or any other Act
applying to persons as officers of the Public Service of the State, applicable
to the person; or
(b)
affect or prejudice the application to the person of any Act referred to in
paragraph (a) if it applied to the person at the time of the appointment.
[Section 87 amended: No. 32 of 1994 s. 19; No. 54
of 2003 s. 140(2); No. 40 of 2020 s. 111(1).]