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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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