Victorian Current Acts

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HERITAGE ACT 2017 - SECT 201

General powers of entry

    (1)     Subject to this section, an inspector may enter any building or land at any reasonable time for the purposes of—

        (a)     investigating the cultural heritage significance of the building or land, or an object located in, at or under the building or land; or

        (b)     in the case of a registered place, determining whether or not this Act has been complied with in relation to the registered place; or

        (c)     in the case of a registered object, determining whether or not this Act has been complied with in relation to the registered object.

    (2)     In addition to subsection (1), the Heritage Council may authorise a person in a particular case to enter any building or land at any reasonable time for the purposes of investigating the cultural heritage significance of the building or land, or an object located in, at or under the building or land.

    (3)     An authorisation under subsection (2) must—

        (a)     be in writing; and

        (b)     signed by the Heritage Council.

S. 201(4) substituted by No. 5/2023 s. 100.

    (4)     An inspector or authorised person must not enter a residence unless—

        (a)     in the case of a residence that is occupied—the occupier of the residence has given written consent to the entry; or

        (b)     in the case of a residence that is unoccupied—

              (i)     the owner of the residence has given written consent to the entry; or

              (ii)     in the absence of written consent, 2 days' clear notice is given to the owner of the residence.

    (5)     An inspector or authorised person must not enter any other building or land—

        (a)     unless the occupier of the building or land has given written consent to the entry; or

        (b)     in the absence of written consent, unless 2 days' clear notice is given to any occupier of the building or land.

    (6)     An inspector or authorised person acting in accordance with this section may—

        (a)     take photographs and make video recordings; and

        (b)     make measurements and sketches; and

        (c)     take samples of water, soil, vegetation or other similar substances for the purposes of analysis; and

        (d)     use any other means of recording information necessary for the purposes of this Act.



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