Commentary on Sections Part 4 – Environmental Control of Animal and Plant Species Part 4 – Powers of entry
119.Paragraph 21 provides for new powers of entry to support these proposals. Paragraph 22(1) sets out the circumstances in which powers of entry will require a warrant from a justice of the peace before they can be exercised. This includes, for example, where the premises are unoccupied or admission is refused by the owner. Paragraph 22(1)(e) says that a warrant is required where giving notice would defeat the purpose of the proposed entry. This is to deal with the situation where an environmental authority was concerned that giving notice to the owner may result in them inappropriately disposing of the species, perhaps by transporting the animals elsewhere. Where the Secretary of State or the Welsh Ministers have made an order that relates to premises consisting of a dwelling, paragraph 22(1)(a) ensures that a warrant must be obtained in order to exercise a power of entry in relation to those premises.
120.Paragraph 23 establishes that at least 48 hours’ notice should be given to an owner before exercising the powers of entry.
121.Paragraph 24 sets out how and when the powers of entry may be exercised. Paragraph 24(1) establishes that a right of entry is exercisable at any reasonable time. Whilst the environmental authorities would ordinarily seek to exercise rights of access during normal office hours, there may be other times when the operations may be best carried out. For example, the best time for shooting operations, including minimising disruption, may be at dawn or dusk. Surveillance operations for some species may be necessary in the evening.