AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 14

Authority may authorise entry of land, &c.

(1)  The Authority, in writing, may authorise persons to enter land for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
(2)  A person authorised by the Authority under subsection (1) may enter public land for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules.
(3)  A person authorised by the Authority under subsection (1) may, in accordance with this section, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules, enter land, in the flood-prone area, that is not public land.
(4)  A person may only enter land under subsection (3) if, at least 14 days before the entry, the occupier of the land, or, if there is no occupier, the owner of the land, is given notice in writing of the person's intention to enter the land.
(5)  Notice is not required to be given under subsection (4) in relation to land if entry to the land by a person under subsection (3) is required because –
(a) a flood is imminent, or occurring, in the flood-prone area; or
(b) the Authority is of the opinion, on reasonable grounds, that any levees constructed (whether before or after the commencement of this Act) for the purpose of preventing flooding in the flood-prone area require urgent maintenance or repair.
(6)  An authorised officer who enters land under subsection (3) must, at the request of an occupier of the land, show the identifying document issued to him or her under section 9(2) .
(7)  A person who enters land under subsection (3) is not authorised to enter a building on the land except with the permission of the occupier of the land, or, if there is no occupier, the owner of the land.
(8)  Permission is not required to be given under subsection (7) in relation to a building on land if –
(a) a flood is imminent, or occurring, in the flood-prone area; and
(b) entry to the building by a person under subsection (3) is required, for the purpose of performing a function, or exercising a power, of the Authority under this Act or the Authority Rules, because the flood is imminent, or occurring, in the flood-prone area.
(9)  A person authorised by the Authority under this section to enter land may enter and cross over that land, so as to gain access to other land for a purpose for which the person is authorised under this section to enter land.
(10)  The Authority, in writing, may revoke an authorisation of a person under subsection (1) .



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