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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 395
Procedure to be followed if recipient is not owner
395 Procedure to be followed if recipient is not owner
(1) This section applies if the prescribed responsible person who receives a
notice under section 394 in relation to relevant land is not the land’s
owner.
(2) The prescribed responsible person, or a person (a
"consultant" ) preparing the draft site management plan for the prescribed
responsible person, may enter the land to prepare the draft plan— (a) with
the consent of the owner and occupier of the land; or
(b) if the prescribed
responsible person or consultant has given the owner and occupier at least 5
business days written notice of the person’s or consultant’s intention to
enter the land.
(3) The notice must state— (a) the intention to enter the
land; and
(b) the purpose of the entry; and
(c) the days and times when the
land is to be entered.
(4) Nothing in this section authorises the prescribed
responsible person or consultant to enter a building used for residential
purposes.
(5) When preparing the draft site management plan, the prescribed
responsible person or consultant must take all reasonable steps to ensure the
person or consultant causes as little inconvenience, and does as little
damage, as is practicable in the circumstances.
(6) If a person (the
"affected person" ) incurs loss or damage because of the entry of the land by
the prescribed responsible person or consultant to prepare a draft site
management plan, the affected person is entitled to be paid by the prescribed
responsible person or consultant reasonable compensation because of the loss
or damage— (a) that is agreed between the prescribed responsible person or
consultant and the affected person; or
(b) if an agreement can not be
reached—as decided by a court of competent jurisdiction.
(7) For subsection
(6) (b) , the court may make the order about costs that the court considers
just.
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