Power to enter land for water resources monitoring and assessment
68A Power to enter land for water resources monitoring and assessment
For section 68 (2), the director-general may, at any reasonable time, enter land—
to take measurements and carry out work that is reasonably required; and
with any people and equipment that is reasonably required.
The Criminal Code, s 361 and s 363 contain offences for obstructing Territory public officials.
However, the director-general must not enter land to do work mentioned in section 68 (2) (a) unless, at least 14 days before the entry day, the director-general gave the owner or occupier of the land written notice (a works notice) of—
the land proposed to be entered; and
the work proposed to be done; and
any vehicle, plant or machinery proposed to be used to carry out the work.
The director-general may, at any reasonable time, enter land on which work mentioned in a works notice is being, or has been, done—
for the purpose of doing something mentioned in section 68 (2) (b), (c), (d), (e) or (f); and
with any people and equipment that is reasonably required.
This section does not authorise entry into a part of premises that is being used for residential purposes other than with the occupier’s consent.
A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce a certificate signed by the director-general for this section that the person is authorised to carry out an activity mentioned in the certificate.
This Act’s bill:Explanatory statementSecond reading speech
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