New South Wales Consolidated Acts

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ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9.17

Notice of entry of residential premises

9.17 Notice of entry of residential premises

(cf previous s 119E)

(1) This section applies to the entry into any part of premises used for residential purposes only for the purpose of inspecting work being carried out under a consent, approval or certificate under this Act or for the purpose of issuing a building certificate sought in respect of the premises.
(2) An investigation officer or the investigation authority must give the owner or occupier of the premises written notice of the intention to enter the premises before a person authorised to enter premises under this Division does so.
(3) The notice must specify the day on which the person intends to enter the premises and must be given before that day.
(4) Notice is not required to be given--
(a) if entry to the premises is made with the consent of the owner or occupier of the premises, or
(b) if entry to the premises is made under the authority of a search warrant issued under this Division, or
(c) if entry to the premises is required because of the existence or reasonable likelihood of a serious risk to health or safety, or
(d) if entry is required urgently and the case is one in which the investigation authority has authorised in writing (either generally or in the particular case) entry without notice.



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