MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 9 Investigation and enforcement
Part 2 Powers of authorised persons for places and vehicles

[s 453]

                (i)   the authorised person may enter the place under section
                      453, 454 or 455.
          (2)   For the purpose of asking the occupier of a place for consent
                to enter, an authorised person may, without the occupier’s
                consent or a warrant—
                (a)   enter land around premises at the place to an extent that
                      is reasonable to contact the occupier; or
                (b)   enter part of the place the authorised person reasonably
                      considers members of the public ordinarily are allowed
                      to enter when they wish to contact the occupier.
          (3)   Unless the entry is made under the authority of a warrant or
                order, the entry must be made at a reasonable time.

453        Entry of land—search, test, sample etc. for release of
           contaminant
          (1)   This section applies if an authorised person believes on
                reasonable grounds that unlawful environmental harm has
                been caused by the release of a contaminant into the
                environment.
          (2)   The authorised person may enter land for the purpose of
                finding out or confirming the source of the release of the
                contaminant.
          (3)   The authorised person may exercise powers under subsection
                (2), at the time, with the help, and using the force, that is
                necessary and reasonable in the circumstances.
          (4)   In this section—
                land means a parcel of land other than any part on which a
                building is erected.

454        Entry of land—preliminary investigation
          (1)   This section applies if the administering authority believes on
                reasonable grounds land is contaminated land.


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