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Power of authorised person to enter land, maritime site or structure
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394. (1) An authorised person may, in accordance with this section, enter any land, maritime site or structure at all reasonable times, for the purpose of the performance by the authorised person of a function under this Act of the planning authority, the Commission or the Maritime Area Regulatory Authority that appointed the authorised person.
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(2) An authorised person entering land, a maritime site or a structure under this section may do all things reasonably necessary for the purpose for which the entry is made and, in particular, may do all or any of the following:
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(a) survey;
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(b) carry out inspections;
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(c) make plans;
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(d) take photographs, videos or other recordings;
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(e) record information on any recording or measuring device or logger;
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(f) carry out tests;
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(g) take samples;
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(h) take levels;
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(i) make excavations;
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(j) examine the depth and nature of water or the subsoil;
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(k) require the production by a person on the land or maritime site or in or on the structure of, or inspect, records (including records held in electronic form) or documents, or take copies of or extracts from any records or documents;
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(l) remove and retain documents and records, including documents held in electronic form, for such period as may be reasonable for further examination.
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(3) Before an authorised person enters any land, maritime site or structure (other than a dwelling) the planning authority, the Commission or the Maritime Area Regulatory Authority shall—
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(a) obtain consent to make the entry from—
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(i) in the case of occupied land, an occupied maritime site or an occupied structure, the occupier, or
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(ii) in the case of unoccupied land, an unoccupied maritime site or an unoccupied structure, the owner,
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or
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(b) give to the owner or occupier, as the case may be, not less than 14 days’ notice in writing (or 2 working days’ notice in writing in the case of the performance of a function under Part 4) of the intention to make the entry.
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(4) A person to whom a notice of intention to enter land, a maritime site or a structure has been given under paragraph (b) of subsection (3) may, not later than 14 days (or 2 working days in the case of the performance of a function under Part 4) after the giving of the notice, apply, on notice to the planning authority, the Commission, or the Maritime Area Regulatory Authority that gave the notice, to—
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(a) where the notice is in respect of land or a structure on land, the judge of the District Court having jurisdiction in the district in which the land or part of the land or structure or part of the structure is situated,
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(b) where the notice is in respect of a maritime site or structure in a maritime site, a judge of the District Court assigned to the Dublin Metropolitan District, or
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(c) in the case of an area containing both land and a maritime site, a judge referred to in paragraph (a) or (b),
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for an order prohibiting the entry and, upon the hearing of the application, the judge may prohibit the entry or specify conditions to be observed by the person making the entry.
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(5) An authorised person shall not enter a dwelling under this section other than—
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(a) with the consent of the occupier of the dwelling, or
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(b) in accordance with a warrant issued under subsection (6).
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(6) Where an authorised person is prevented from entering any land, maritime site or structure, the authorised person or the person by whom the authorised person was appointed may apply—
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(a) in the case of land or a structure on land, to a judge of the District Court having jurisdiction in the district court district in which the land or part of the land or structure or part of the structure is situated,
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(b) in the case of a maritime site or structure in a maritime site, to a judge of the District Court assigned to the Dublin Metropolitan District, or
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(c) in the case of an area containing both land and a maritime site, to a judge referred to in paragraph (a) or (b),
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for a warrant authorising the entry.
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(7) If on application being made to him or her under subsection (6), a judge of the District Court is satisfied, on the sworn information of an authorised person, that the authorised person has been prevented from entering land, a maritime site or a structure, the judge may issue a warrant authorising an authorised person, accompanied, if the judge considers it appropriate so to provide, by such number of other authorised persons or members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production of the warrant if so requested, to enter the land, maritime site or structure concerned, if need be by reasonable force, and exercise all or any of the powers referred to in subsection (2).
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(8) When performing a function under this Act, an authorised person may, subject to the terms of a warrant under subsection (7) (if any), be accompanied by such number of other authorised persons or members of the Garda Síochána as he or she considers appropriate.
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(9) A person who, by act or omission, obstructs or interferes with an authorised person, or member of the Garda Síochána accompanying such a person, in the lawful exercise of the powers conferred by this section shall be guilty of an offence.
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