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The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2009

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This is the original version (as it was originally made).

Regulation 26

SCHEDULE 1Issue of Warrants

This schedule has no associated Explanatory Memorandum

1.  If it is shown to the satisfaction of a lay magistrate on sworn information in writing—

(a)that there are reasonable grounds for the exercise in relation to any land of a relevant power; and

(b)that one or more of the conditions specified in paragraph 2 is fulfilled in relation to that land,

the lay magistrate may, by warrant, authorise an authorised person to exercise the power in relation to that land, in accordance with the warrant and, if need be, by reasonable force.

2.  The conditions mentioned in paragraph 1 are—

(a)that the exercise of the power in relation to the land has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the land is unoccupied;

(d)that the occupier is temporarily absent from the land and the case is one of urgency; or

(e)that an application for admission to the land would defeat the object of the proposed entry.

Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

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