Q&As

Are the powers under section 108 of the Environment Act 1995 (EA 1995) independent of each other or can they only be exercised in conjunction with the power to enter premises? Can a request for information be made under EA 1995, s 108(4)(c) and (j) without having first exercised the power to enter premises?

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Published on LexisPSL on 07/06/2018

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • Are the powers under section 108 of the Environment Act 1995 (EA 1995) independent of each other or can they only be exercised in conjunction with the power to enter premises? Can a request for information be made under EA 1995, s 108(4)(c) and (j) without having first exercised the power to enter premises?

The powers conferred to an authorised officer under section 108 of the Environment Act 1995 (EA 1995) are conditional to the requirements under EA 1995, s 108(1), (2), namely:

‘A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose:

(a) of determining whether any provision of the pollution control enactment

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