Entry on land for inspections
297 Entry on land for inspections
A water supply authority may at any time, by its employees or agents, enter any land (except an enclosed part occupied as a separate dwelling) for the purpose of finding out—
the character and condition of the land or building, or
the condition or location of any water management work used in connection with the land or building, or
whether any use, consumption, waste, misuse or undue consumption of water supplied by a water supply authority is occurring, or
whether any offence against this Act has been, or is being, committed.
A water supply authority must not exercise the powers conferred by subsection (1) unless—
reasonable written notice of its intention to do so has first been given to the landholder of the land, building or dwelling house, or
it authorises the entry after forming the opinion that the giving of the notice would cause undue delay.
Reasonable force may be used to enter land, or a building other than a dwelling house, under this section.
If the powers of entry under this section are exercised—
without notice being given, or
by force,
the water supply authority must, without delay, notify such persons as it considers appropriate of the action taken.
The water supply authority may, by notice in writing given to the landholder of the land or building, require all defective or improper work discovered on an inspection to be repaired, altered or removed within 24 hours or such longer period as is stated in the notice.
If a notice under subsection (5) is not complied with, the water supply authority may, by its employees and agents, enter the land, building or dwelling house and repair, alter or remove the defective or improper work.
If a notice is given under subsection (5)—
the costs and expenses of the entry and inspection by the water supply authority, and
if the notice is not complied with, the costs and expenses of the water supply authority in acting under subsection (6),
are recoverable from the landholder as a service charge.
If, on an inspection under this section—
no defective or improper work is discovered, and
no waste, misuse or undue consumption of water supplied by the water supply authority is occurring, and
no offence against this Act is discovered,
the water supply authority must make good any damage or disturbance caused by it for the purposes of the inspection.
In exercising its powers under this section, a water supply authority must do as little damage as practicable.
This Act’s bill:Explanatory memorandumSecond reading speech
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