PART IV

Administration

General powers of inspectors.

42. —(1) An inspector shall have, for the purposes of this Act, all the powers which a member of the Garda Síochána has under this Act in the place where the inspector is acting.

(2) The inspector may at any time enter any land, building, shed, pen or place wherein he has reasonable grounds for supposing—

(a) that disease exists or has within fifty-six days existed, or

(b) that the carcase of a diseased or suspected animal or bird is or has been kept, or has been buried, destroyed, or otherwise disposed of, or

(c) that there is to be found any animal, bird, pen, place, vehicle, or thing in respect whereof any person has on any occasion failed to comply with the provisions of this Act or of an order of the Minister or of a regulation of a local authority, or

(d) that this Act or an order of the Minister or a regulation of a local authority has not been or is not being complied with.

(3) An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or in respect whereof he has reasonable grounds for supposing that this Act or an order of the Minister or a regulation of a local authority has not been or is not being complied with.

(4) An inspector may examine any animals or poultry on or in any land, building, place, pen, vehicle, vessel, boat or aircraft entered by him under this section; and the owners of any such animals or poultry shall comply with all reasonable requirements of the inspector and afford all other reasonable facilities for the purpose of such examination.

(5) An inspector, entering as authorised by this section, shall, if required by the owner or occupier or person in charge of the land, building, place, pen, vehicle, vessel, boat, or aircraft state in writing his reasons for entering and produce his appointment.

(6) A certificate of an inspector or other authorised person to the effect that an animal or bird is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence of the matter certified.

(7) An inspector of the Minister shall have all the powers of an inspector throughout the State or that part thereof for which he may have been specially appointed.

(8) Notwithstanding the foregoing provisions of this section the Minister may by order, either generally or in relation to particular animals and poultry or particular diseases, restrict the powers of inspectors of a local authority under this Act.

Powers to detain vessels and aircraft.

43. —(1) Where an inspector of the Minister is satisfied that this Act or an order of the Minister or regulation of a local authority has not been or is not being complied with on board a vessel in a port or an aircraft in an aerodrome then, on the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel or aircraft may be detained until the Minister otherwise directs.

(2) The officer detaining the vessel or aircraft shall forthwith deliver to the master of the vessel, the pilot in command of the aircraft or other person in charge of the vessel or aircraft and the proper officer of Customs and Excise a copy of the representation.

(3) Section 692 of the Merchant Shipping Act, 1894, and sections 64 and 65 of the Air Navigation and Transport Act, 1936 , shall, as appropriate, apply in the case of such detention as if it were authorised or ordered under those Acts.

Expenses of burial of carcases washed ashore.

44. —(1) Where a carcase washed ashore is buried or destroyed under the direction of a receiver of wreck with authority from the Minister for Transport and Power, the expenses thereof shall be expenses of the local authority and shall be paid by the local authority to the receiver on demand, and in default of payment shall be recoverable with costs by the receiver from the local authority.

(2) Where a local authority has incurred any expenses under this section on account of the burial or destruction of the carcase of any animal which, or the carcase of which, was thrown or washed from any vessel, the owner of the vessel shall be liable to repay such expenses to the local authority; and the local authority may recover such expenses with costs in the same manner as salvage is recoverable.

Powers to appoint additional inspectors, etc.

45. —The Minister may, for the purpose of the execution of this Act, employ such additional inspectors, valuers and other persons and at such remuneration, and may incur such expenses as, subject to the approval of the Minister for Finance, the Minister thinks necessary.

Powers and duties of the Garda Síochána.

46. —(1) The Garda Síochána shall execute and enforce this Act, every order of the Minister and every regulation of a local authority.

(2) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing, an offence under this Act, a member of the Garda Síochána may without warrant stop and detain him; and, if his name and address are not known to that member, and that person fails to give them to the satisfaction of the member, the member may without warrant arrest him; and the member may, whether so stopping or detaining or apprehending the person or not, stop, detain, and examine any animal, vehicle, boat, or thing to which the offence or suspected offence relates, and require it to be forthwith taken back to or into any place or district from which it was unlawfully removed, and execute and enforce that requisition.

(3) If any person obstructs or impedes or assists to obstruct or impede a member of the Garda Síochána in the execution of this Act or an order of the Minister or a regulation of a local authority, the member may without warrant arrest the offender.