New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9.16

9.16 Powers of investigation officers to enter premises

(cf previous s 119D)

(1) An investigation officer may enter--

(a) any premises at which the officer reasonably suspects that any industrial, agricultural or commercial activities are being carried out--at any time during which those activities are being carried out there, and

(b) any other premises--at any reasonable time.

(2) An investigation officer may enter a part of premises used for residential purposes only--

(a) with the consent of the occupier, or

(b) under the authority of a search warrant issued under this Division, or

(c) if it is necessary to do so to inspect work being carried out under a consent, approval or certificate under this Act, or

(d) if a building certificate has been sought under this Act and it is necessary to do so to inspect the premises for the purpose of issuing the certificate.

(3) An investigation officer may enter any premises under the authority of a search warrant issued under this Division.

(4) The power to enter premises authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner.

(5) Reasonable force may be used to enter premises under this Division.

(6) An investigation officer may enter premises under this Division with the aid of such investigation officers, police officers or other persons as the investigation officer considers necessary.