Planning Act 2023

For this Act, an inspector may—

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment); or

if entering without an authorised person—at any time, enter premises with the occupier’s consent; or

if entering with an authorised person—during business hours, enter the premises with the occupier’s consent; or

Note An occupier may consent on being asked for consent by an inspector, or after being given an intention to enter notice under s 467.

enter premises with an authorised person in accordance with a rectification work order; or

enter premises in accordance with a search warrant or monitoring warrant.

However, subsection (1) (a) does not authorise entry into a part of the premises that is being used only for residential purposes.

If an inspector wants to ask for consent to enter a building or other structure on premises, the inspector may, without the occupier’s consent, enter any land that forms part of the premises to—

ask for the consent; or

give an intention to enter notice under section 467.

To remove any doubt—

an inspector may enter premises under subsection (1) without payment of an entry fee or other charge; and

for subsection (3), it does not matter whether someone is on the premises or not when the inspector enters.