MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 12 Miscellaneous
Part 4 Entry to land to comply with environmental requirement

[s 575]

           (5)   The court may make an entry order only if it is satisfied it is
                 necessary and reasonable to comply with the environmental
                 requirement.
           (6)   However, the court must not make an entry order that
                 authorises entry to a building used for residential purposes.
           (7)   Unless the court otherwise orders, an entry order remains in
                 force until the environmental requirement is complied with.
           (8)   An entry order must state each of the following—
                 (a)   that the applicant may, with necessary and reasonable
                       help—
                       (i)   enter the primary land to conduct work to comply
                             with a stated environmental requirement; and
                       (ii) cross any access land to enter the primary land
                            under subparagraph (i);
                 (b)   the hours of the day when an entry under paragraph (a)
                       may be made;
                 (c)   the nature of the work that may be conducted on the
                       primary land;
                 (d)   if the court has made an order under subsection
                       (7)—when the entry order ends;
                 (e)   if the court has not made an order under subsection
                       (7)—that the entry order remains in force until the
                       environmental requirement has been complied with.
           (9)   An entry order may be made with other conditions.
          (10)   Without limiting subsection (9), a condition may—
                 (a)   require security to be given for the benefit of anyone
                       who might suffer a cost, damage or loss because of the
                       exercise or purported exercise of a power under an entry
                       order; and
                 (b)   provide for how and when the security may be released
                       or used.


Page 472                                                  Current as at 20 February 2014