(1)If the Authority is of the opinion that a discharge of water from a coal mine into or on to any land or into any controlled waters has caused, is causing or is likely to cause—
(a)serious pollution of the environment; or
(b)danger to life or health,
the Authority may, for any purpose specified in subsection (2) below, in writing authorise a person to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (3) below.
(2)The purposes are—
(a)to determine the extent of the pollution or of the danger, or the likelihood of serious pollution or such danger;
(b)to determine whether, and, if so, how, the Authority should exercise its power under section 4A above;
(c)to take action under that section.
(3)The powers are—
(a)to enter at any reasonable time (or, in an emergency, at any time and, if need be, using reasonable force) any premises which the authorised person has reason to believe it is necessary for him to enter;
(b)to use a vehicle or a boat to do so;
(c)on entering any premises by virtue of paragraph (a) above, to take with him—
(i)any other person authorised by the Authority and, if the authorised person reasonably believes he is likely to be obstructed, a constable; and
(ii)any equipment or materials needed for any purpose for which the power of entry is being exercised;
(d)to make such examination and investigation as may in any circumstances be necessary;
(e)to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;
(f)to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air or water or land in, on, or in the vicinity of, the premises;
(g)to require any person to give him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this section.
(4)The powers which are conferred in relation to any land by this section include power, for the purposes mentioned in subsection (2) above—
(a)to carry out experimental borings or other works on those premises; and
(b)to install, keep or maintain monitoring and other apparatus there.
(5)Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—
(a)after the expiration of at least seven days' notice of the proposed entry given to a person who appears to the authorised person in question to be in occupation of the premises in question; and
(b)either—
(i)with the consent of a person who is in occupation of those premises; or
(ii)under the authority of a warrant by virtue of Schedule 1A to this Act.
(6)Except in an emergency, where an authorised person proposes to enter any premises and—
(a)entry has been refused and he reasonably believes that the use of force may be necessary to effect entry; or
(b)he reasonably believes that entry is likely to be refused and that the use of force may be necessary to effect entry,
any entry on to those premises by virtue of this section shall be effected only under the authority of a warrant by virtue of Schedule 1A to this Act.
(7)In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (3) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the purposes of the Official Secrets Act 1911).
(8)Schedule 1A to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.
(9)In this section, “premises” includes any land, vehicle or vessel, and any plant which is designed to move or be moved (whether or not on roads).]
Textual Amendments
F1Ss. 4A-4C inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 85(1), 105(3); S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)