Duchas officials, trespassing?

Turbury

Anybody know if Duchas officials can just walk on to your land without your permission. Neighbour was removing a ditch recently ( for safety reasons, I might add) with a digger when 2 Duchas officials walked up to him, and just stopped short of verbally abusing him with regard to what he was doing.

Can they do this and if so how much information (if any ) are you obliged to give them?
They also entered his construction area for a new slatted shed, without protective gear (there were signs up) and had a good snoop around.

Does the law allow this ?

Elstemed

Turbury wrote: »

They also entered his construction area for a new slatted shed, without protective gear (there were signs up) and had a good snoop around.

Does the law allow this ?

Definately not this part anyway. his notice boards should clearly state that a hard hat and a high vis vest must be worn at all times. Im sure the HSA would be interested in hearing about these two gob****es. Tell them to clear off they are breaking the law

sme

seems an odd coincidence: duchas officals happen to turn up the day he is removing the ditch. i'd recommend either contacting a solicitor or your local citizens information centre, they should be able to tell you what powers government bodies have.

europerson

When did this take place? Dúchas was disbanded a few years ago, and what's being discussed here wouldn't really have fallen under their remit. Were these people from the Office of Public Works? Employees of the Commissioners of Public Works are allowed to enter any land under Section 4 Subsection 3 of the Arterial Drainage Act, 1945.

Turbury

europerson wrote: »

When did this take place? Dúchas was disbanded a few years ago, quote]


Good point Europerson, I believe one of them identified himself as being from Duchas - must investigate this further.
This only happened last week by the way.

Turbury

europerson wrote: »

When did this take place? Dúchas was disbanded a few years ago, and what's being discussed here wouldn't really have fallen under their remit. Were these people from the Office of Public Works? Employees of the Commissioners of Public Works are allowed to enter any land under Section 4 Subsection 3 of the Arterial Drainage Act, 1945.

Even though they can enter your land - I presume you dont have to speak to them if they start asking questions?

Occidental

Turbury wrote: »

Anybody know if Duchas officials can just walk on to your land without your permission. Neighbour was removing a ditch recently ( for safety reasons, I might add) with a digger when 2 Duchas officials walked up to him, and just stopped short of verbally abusing him with regard to what he was doing.

Can they do this and if so how much information (if any ) are you obliged to give them?
They also entered his construction area for a new slatted shed, without protective gear (there were signs up) and had a good snoop around.

Does the law allow this ?

They sound like National Parks & Wildlife Service rangers. If they were, then I believe they have full access rights, though it doesn't sound the most tactful of encounters.

europerson

Again, under the Arterial Drainage Act, 1945, it's an offence to obstruct OPW officials to "wilfully obstruct the Commissioners or any of their officers, agents, or servants in the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners to any of their officers". I'm not quite sure what constitutes an obstruction. Of course, if these people were from the National Parks and Wildlife Service, then this is nothing.

Occidental

NPW and I think all of the old Duchas divisions would have originally been OPW. Presumably the powers transfer with the name changes.