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 455]

              Example—
                 The administering authority may, as a result of investigations conducted
                 in an area, become aware contaminated fill has been used in the area. In
                 the circumstances, the administering authority may believe on
                 reasonable grounds individual lots of land in the area are contaminated
                 land.
        (2)   An authorised person may, under this section, enter the land to
              conduct a preliminary investigation.
        (3)   A power under subsection (2) may be exercised only—
              (a)    with the agreement of the owner and occupier of the
                     land; or
              (b)    if the administering authority has given at least 5
                     business days written notice to the owner and occupier.
        (4)   The notice must inform the owner and occupier—
              (a)    the administering authority reasonably believes the land
                     is contaminated land; and
              (b)    an authorised person intends to enter the land; and
              (c)    the purpose of the entry; and
              (d)    the days and times when the entry is to be made.
        (5)   In exercising a power under subsection (2), the authorised
              person must take all reasonable steps to ensure the person
              causes as little inconvenience, and does as little damage, as is
              practicable in the circumstances.
        (6)   Nothing in this section authorises the authorised person to
              enter a building used for residential purposes.

455      Entry of land for access
        (1)   This section applies if—
              (a)    an authorised person may enter land (the primary land)
                     under section 452, 453 or 454; and
              (b)    it is necessary or desirable to cross other land (the
                     access land) to enter the primary land.
Current as at 20 February 2014                                                 Page 389