Protection of the Environment Operations Act 1997 No 156
Current version for 11 January 2013 to date (accessed 21 May 2013 at 02:41)

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.
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