Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 452

Entry of place—general

452 Entry of place—general

(1) An authorised person may enter a place if—
(a) its occupier consents to the entry and, if the entry is for exercising a power under chapter 7 , part 5B or 8 , its owner consents; or
(b) it is a public place and the entry is made when the place is open to the public; or
(c) it is a place to which an environmental authority relates and the entry is made when—
(i) the activity to which the authority relates is being carried out; or
(ii) the place is open for conduct of business; or
(iii) the place is otherwise open for entry; or
(d) it is a place to which an environmental authority or PRCP schedule relates and an authorised person has given at least 5 business days written notice to the owner and occupier of the place stating—
(i) an authorised person intends to enter the place; and
(ii) the purpose of the entry; and
(iii) the day and time when the entry is to be made; or
(e) it is a place to which an agricultural ERA relates and the entry is made when—
(i) the activity is being carried out; or
(ii) the place is open for conduct of business; or
(iii) the place is otherwise open for entry; or
(f) it is a place to which a recognised accreditation program for an agricultural ERA relates and entry is made when—
(i) the place is open for conduct of business; or
(ii) the place is otherwise open for entry; or
(g) it is a place to which a prescribed condition for a small scale mining activity relates and the entry is made when—
(i) the activity to which the condition relates is being carried out; or
(ii) the place is open for conduct of business; or
(iii) the place is otherwise open for entry; or
(h) it is a place to which an enforceable undertaking relates and the entry is made when—
(i) the activity to which the undertaking relates is being carried out; or
(ii) the place is open for conduct of business; or
(iii) the place is otherwise open for entry; or
(i) it is a place where an industry is conducted and the entry is made when—
(i) the place is open for conduct of business; or
(ii) is otherwise open for entry; or
(j) the entry is authorised by a warrant; or
(k) for land mentioned in chapter 7 , part 5B or 8 —the entry is authorised by an order under section 458 ; or
(l) the authorised person may enter the place under section 453 , 454 or 455 .
(2) An authorised person may enter a place if—
(a) it was a place to which an environmental authority or PRCP schedule related but the environmental authority or PRCP schedule no longer operates at the place by operation of a law other than this Act; and
(b) the place is not used for residential purposes; and
(c) an authorised person has given at least 2 business days written notice to the owner and occupier of the place stating—
(i) an authorised person intends to enter the place; and
(ii) the purpose of the entry; and
(iii) the day and time when the entry is to be made.
(3) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—
(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.
(4) Unless the entry is made under the authority of a warrant or order, the entry must be made at a reasonable time.



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