Planning and Development Act, 2000
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Power of authorised person to enter on land. |
252.—(1) An authorised person may, subject to the other provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m., or during business hours in respect of a premises which is normally open outside those hours, for any purpose connected with this Act. | |
(2) An authorised person entering on land under this section may do all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, carry out inspections, make plans, take photographs, take levels, make excavations, and examine the depth and nature of the subsoil. | ||
(3) Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier, as the case may be, not less than 14 days' notice in writing of the intention to make the entry. | ||
(4) A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than 14 days after the giving of the notice, apply, on notice to the authority, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated for an order prohibiting the entry, and, upon the hearing of the application, the judge may either wholly prohibit the entry or specify conditions to be observed by the person making the entry. | ||
(5) Where a judge of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a judge of the District Court specifies conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified. | ||
(6) (a) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power conferred by this section on an authorised person, the appropriate authority may apply to the District Court to approve of the entry. | ||
(b) An application under this subsection shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated. | ||
(7) Subsections (3), (4) and (5) shall not apply to entry for the purposes of Part III and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry— | ||
(a) the entry shall not be effected unless it has been authorised by an order of the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, until after at least 24 hours' notice of the intended entry, and of the object thereof, has been given to the occupier, | ||
(b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner. | ||
(8) An authorised person may, in the exercise of any power conferred on him or her by this Act, where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith. | ||
(9) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence. | ||
(10) Every authorised person shall be furnished with a certificate of his or her appointment and when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person. | ||
(11) In this section and section 253 — | ||
“appropriate authority” means— | ||
(a) in a case in which the authorised person was appointed by a local authority — that authority, | ||
(b) in a case in which the authorised person was appointed by the Minister — the Minister, and | ||
(c) in a case in which the authorised person was appointed by the Board — the Board; | ||
“authorised person” means a member of the Board or a person who is appointed by a local authority, the Minister or the Board to be an authorised person for the purposes of this section and section 253 . |