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]

          (2)   The authorised person may enter the access land and take into
                or over it anything the person reasonably requires for
                exercising a power under section 460 in relation to the
                primary land—
                (a)   if the person obtains the consent of the occupier of the
                      access land; or
                (b)   if the person gives at least 5 business days written notice
                      to the occupier before the entry; or
                (c)   without the consent of, or notice to, the occupier, if the
                      person—
                      (i)   believes on reasonable grounds there is an
                            imminent risk of environmental harm being caused
                            to or from the primary land; and
                      (ii) has told, or has made a reasonable attempt to tell,
                           the occupier that the person is permitted to enter
                           the access land under this paragraph.
          (3)   A notice under subsection (2)(b) must—
                (a)   describe the primary land and the access land; and
                (b)   state—
                      (i)   that the authorised person intends to enter the
                            access land for entry to the primary land; and
                      (ii) the day and time the access land will be entered;
                           and
                      (iii) that an owner or occupier of the access land may
                            claim compensation under section 487 for loss or
                            damage caused by the entry to the access land.
          (4)   In exercising a power under this section, the authorised person
                must take all reasonable steps to ensure the person causes as
                little inconvenience, and does as little damage, as is
                practicable.




Page 390                                                 Current as at 20 February 2014