Planning Act 2023

This section applies to an inspector proposing to enter premises—

under section 463 (1) (b) to check whether a controlled activity has happened, or is happening, in relation to the premises; or

under section 463 (1) (b) to check whether 1 or more of the following in relation to the premises is being complied with:

a controlled activity order;

a direction under section 437 to undertake rectification work;

a prohibition notice;

an injunction under section 456; or

with an authorised person under section 463 (1) (c).

The territory planning authority may give an occupier of the premises written notice of the inspector’s intention to enter the premises (an intention to enter notice).

An intention to enter notice—

must be given to the occupier at least 2 working days before the proposed entry; and

may be given to the occupier without first asking for the occupier’s consent to enter the premises.

For a proposed entry mentioned in subsection (1) (a) or (b), an intention to enter notice must state—

the reason for the proposed entry; and

when the inspector proposes to enter the premises; and

that the occupier may refuse consent for the inspector or authorised person to enter the premises; and

that the occupier may withdraw consent for the inspector or authorised person to remain at the premises.

For a proposed entry mentioned in subsection (1) (c), an intention to enter notice must state—

that—

the territory planning authority gave a direction for rectification work to be done at the premises; and

notice of the direction was given under section 437; and

the rectification work was not undertaken in accordance with the notice; and

a person has been authorised to undertake the rectification work; and

the inspector proposes to enter the premises with an authorised person to allow the authorised person to undertake the rectification work; and

the inspector may, but need not, remain at the premises to give directions to the authorised person; and

the occupier may refuse consent for the inspector or authorised person to enter the premises; and

the occupier may withdraw consent for the inspector or authorised person to remain at the premises; and

when, during business hours, the work is proposed to be undertaken.

Before an inspector enters the premises in accordance with the intention to enter notice, the inspector must—

tell the occupier that—

the inspector proposes to enter the premises with an authorised person to allow the authorised person to undertake the rectification work to which the notice relates; or

the inspector proposes to enter the premises to check whether a controlled activity has happened, or is happening; or

the inspector intends to enter the premises to check compliance in accordance with the notice; and

tell the occupier that, if the occupier does not consent to the inspector or authorised person entering, or remaining at, the premises, an application may be made to a court for a rectification work order or a monitoring warrant; and

give the occupier a copy of the notice.

If an inspector gives the occupier an intention to enter notice, the inspector must ask the occupier to sign a written acknowledgment that the occupier was told that—

the inspector—

proposes to enter the premises with an authorised person to allow the authorised person to undertake the rectification work to which the notice relates; or

proposes to enter the premises to check whether a controlled activity has happened, or is happening; or

intends to enter the premises to check compliance in accordance with the notice; and

if the occupier does not consent to the inspector or authorised person entering or remaining at the premises—an application may be made to a court for a rectification work order or a monitoring warrant.

If the occupier signs an acknowledgment under subsection (7), the inspector must immediately give a copy to the occupier.