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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Waste and Contaminated Land (Northern Ireland) Order 1997 (N.I. 19) URL: http://www.bailii.org/nie/legis/num_orders/1997/19972778(r).html |
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1. In this Schedule "relevant power" means a power conferred by Article 72, including a power exercisable by virtue of a warrant under this Schedule. 2. - (1) If it is shown to the satisfaction of a justice of the peace on complaint on oath -
(b) that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,
the justice may by warrant authorise an authorised person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.
(b) that such a refusal is reasonably apprehended; (c) that the premises are unoccupied; (d) that the occupier is temporarily absent from the premises and the case is one of urgency; or (e) that an application for admission to the premises would defeat the object of the proposed entry.
(3) In a case where paragraph (4) of Article 72 applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired. 3. - (1) Subject to Article 72(9), information obtained in consequence of the exercise of a relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person. (2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person. 4. An authorised person who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them. 5. - (1) Where an authorised person exercises any power conferred by Article 72(2)(a) or (b) or (3), the enforcing authority under whose authorisation he acts shall make full compensation to any person who has sustained loss or damage by reason of -
(b) the performance of, or the failure of the authorised person to perform, the duty imposed by paragraph 4.
(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage -
(b) is loss or damage in respect of which compensation is payable under any other provision of the pollution control statutory provisions.
(3) Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982 shall apply to any such determination. |
| © Crown copyright 1997 | Prepared
20 January 1998
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