Environmental Protection Act 1994

This section applies if the person (the recipient) to whom an investigation notice is given is not the land’s owner.

The recipient, or a person conducting the environmental investigation for the recipient (the investigator), may enter the land to conduct the investigation only—

with the consent of the owner and occupier of the land; or

if the recipient or investigator has given at least 5business days written notice to the owner and occupier.

The notice must inform the owner and occupier of—

the intention to enter the land; and

the purpose of the entry; and

the days and times when the land is to be entered.

Nothing in this section authorises the recipient or investigator to enter a building used for residential purposes.

When conducting the environmental investigation, the recipient or investigator must take all reasonable steps to ensure the recipient or investigator causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

If a person incurs loss or damage because of the environmental investigation, the person is entitled to be paid by the recipient or investigator reasonable compensation because of the loss or damage—

as agreed between the recipient or investigator and the person; or

if an agreement can not be reached—as decided by a court of competent jurisdiction.

The court may make the order about costs that the court considers just.