MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 4 Emergency powers of authorised persons

[s 467]

          (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
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