Environment Protection Act 2019

(1) The following persons may enter land or premises specified in an environment protection notice to comply with the environment protection notice:

(a) the person to whom the environment protection notice is issued or an employee of that person;

(b) a person engaged by the person to whom the environment protection notice is issued to carry out works on the land or premises (a contractor) or an employee of the contractor.

(2) The following persons may enter land or premises specified in an environment protection notice to monitor the carrying out of the works on the land or premises to which the environment protection notice applies:

(a) a person engaged by the person to whom the environment protection notice is issued to monitor the carrying out of the works (a monitor) or an employee of the monitor;

(3) A person permitted to enter land or premises under this section may only enter:

(b) if the person gives at least 10 business days prior written notice to the owner or occupier of the land; or

(c) in an emergency, if there is a risk of environmental harm if works are not carried out immediately.

(4) A person entering land or premises under subsection (3)(c) must:

(a) if possible, give oral notice of the entry to the owner or occupier of the land as soon as possible before, on or after that entry; and

(b) give written notice of the entry to the owner or occupier within 10 business days after that entry or the giving of the oral notice, whichever occurs first.

(5) The notice under subsection (3)(b) or (4) must inform the owner or occupier of the land of the matters prescribed by regulation.

(6) Despite subsection (3), a person must not enter residential premises under this section without the consent of the owner or occupier of the land.

(7) The power of a person to enter land or premises under this section may be exercised, despite:

(a) the land being, or the premises being on, Aboriginal land; and

(b) the person not holding a permit under the Aboriginal Land Act 1978 to enter or remain on Aboriginal land.