WATER ACT (NORTHERN IRELAND) 1972 - SECT 25 Right to take samples.

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WATER ACT (NORTHERN IRELAND) 1972 - SECT 25

Right to take samples.

25.(1) Any person duly authorised by the Ministry shall have the right to
obtain and take away

(a)samples of water from a waterway or underground strata;

(b)samples of water or of any effluent or matter which is passing, or is
likely to pass, from any land, vessel or vehicle into a waterway or
underground stratum.

(2) In any legal proceedings it shall be presumed, until the contrary is
shown, that any sample of effluent taken at an inspection chamber or manhole
or other place provided in compliance with a condition imposed under this Act
in relation to any waterway or underground stratum is a sample of what was
passing from the land or premises to that waterway or stratum.

(3) The Ministry may, after consulting the occupier of any land or premises
from which effluent is discharged, fix the points at which samples are to be
taken of effluent passing into a waterway or any underground strata, and in
any legal proceedings it shall be presumed, until the contrary is shown, that
any sample of effluent taken at a point fixed under this section is a sample
of what was passing from the land or premises to that waterway or those
strata.

(4) The Ministry shall maintain a register containing particulars of sampling
points fixed under this section, and the register shall be open to inspection
by any person at all reasonable hours.

(5) Subject to subsection (6), the result of any analysis of a sample taken
under this section shall not be admissible as evidence in any legal
proceedings in respect of any effluent passing from any land, vessel or
vehicle unless the person taking the sample

(a)takes all reasonable steps to notify to the occupier of the land or the
owner or master of the vessel or owner of the vehicle his intention to have it
analysed; and

(b)there and then divides the sample into three parts and causes each part to
be placed in a container which is sealed and marked; and

(c)takes all reasonable steps to deliver one part to the occupier of the land
or the owner or master of the vessel or owner of the vehicle, retains one part
for future comparison, and has one part analysed by a competent person.

(6) In relation to any legal proceedings in respect of any effluent passing
from a local authority sewer into any waterway, subsection (5) shall have
effect as if any reference to the occupier of the land were a reference to the
authority by whom the sewer is maintained.

(7) Any person who wilfully obstructs a person in the exercise of a right
conferred by this section shall be guilty of an offence and liable on summary
conviction to a fine not exceeding #100.

(8) In this section any reference to an analysis shall be construed as
including a reference to a test of whatever kind.

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Northern Irish Legislation

WATER ACT (NORTHERN IRELAND) 1972 - SECT 25