Protection of the Environment Operations Act 1997 No 156
Historical version for 6 February 2012 to 28 February 2012 (accessed 19 May 2013 at 10:08)
Current version
262 Evidence of analysts
(1) The EPA may, by instrument in writing, appoint appropriately
qualified persons to be analysts for the purposes of this
Act.
(2) A certificate of such an analyst stating the result of an analysis
or examination is admissible in evidence in any proceedings under this Act as
evidence of the facts stated in the certificate and the correctness of the
result of the analysis or examination.
(3) A certificate of such an analyst that, on receipt of a container
containing a sample submitted to the analyst by an authorised officer or any
other person, the container was sealed and the seal securing the container was
unbroken is admissible in evidence in any proceedings under this Act or the
regulations as evidence:(a) of the facts stated in the certificate, and
(b) that the sample was the same sample as the one obtained by the
authorised officer or other person, and
(c) that the sample had not been tampered with before it was received
by the analyst.
(4) For the purposes of this section, a document purporting to be a
certificate under this section is, unless the contrary is proved, to be taken
to be such a certificate.