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MCU14/0028 Appendix 2 EnvProtAct 1994

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Original PDF page 475, section 1. The text section number identifies this passage in the reader.

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

                                                                                 [s 576]

576      Procedure for entry under entry order
        (1)   This section applies if—
              (a)    a person (the entering person) is intending to enter land
                     under an entry order; and
              (b)    an occupier is present on the land.
        (2)   Before entering the land, the entering person must do or make
              a reasonable attempt to—
              (a)    identify himself or herself to the occupier; and
              (b)    give the occupier a copy of the entry order; and
              (c)    tell the occupier that the entering person is permitted by
                     the entry order to enter the land.

577      Duty to avoid damage
              In exercising a power under an entry order, a person must take
              all reasonable steps to ensure the person causes as little
              inconvenience, and does as little damage, as is practicable.

578      Notice of damage
        (1)   If a person who enters land under an entry order damages the
              land or something on the land, the person must, as soon as
              practicable, give written notice of the damage to—
              (a)    the owner of the land; and
              (b)    if the owner is not the occupier of the land—the
                     occupier; and
              (c)    the administering authority.
        (2)   However, if for any reason it is not practicable to comply with
              subsection (1), the person must—
              (a)    leave the notice at the place where the damage
                     happened; and
              (b)    ensure it is left in a conspicuous position and in a
                     reasonably secure way.
Current as at 20 February 2014                                                Page 473
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