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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 575
Entry orders
(1) This section applies if an environmental requirement requires a person to
conduct work in relation to land to which the requirement relates (the
"primary land" ).
(2) The person may apply to a Magistrates Court for an
order (an
"entry order" ) to enter— (a) the primary land; or
(b) other land (
"access land" ) that is necessary or desirable to cross to enter the
primary land.
(3) The application must state fully the grounds on which the
entry order is sought.
(4) The applicant must serve a copy of the application
on— (a) the owner of the primary land and any access land; and
(b) if the
owner of the primary land or any access land is not the occupier of that
land—the occupier.
(5) The court may make an entry order only if it is
satisfied it is necessary and reasonable to comply with the environmental
requirement.
(6) However, the court must not make an entry order that
authorises entry to a building used for residential purposes.
(7) Unless the
court otherwise orders, an entry order remains in force until the
environmental requirement is complied with.
(8) An entry order must state
each of the following— (a) that the applicant may, with necessary and
reasonable help— (i) enter the primary land to conduct work to comply with a
stated environmental requirement; and
(ii) cross any access land to enter the
primary land under subparagraph (i) ;
(b) the hours of the day when an entry
under paragraph (a) may be made;
(c) the nature of the work that may be
conducted on the primary land;
(d) if the court has made an order under
subsection (7) —when the entry order ends;
(e) if the court has not made an
order under subsection (7) —that the entry order remains in force until the
environmental requirement has been complied with.
(9) An entry order may be
made with other conditions.
(10) Without limiting subsection (9) , a
condition may— (a) require security to be given for the benefit of anyone
who might suffer a cost, damage or loss because of the exercise or purported
exercise of a power under an entry order; and
(b) provide for how and when
the security may be released or used.
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