369E

Procedure if recipient is not the owner of land on which action is required

In force

(1)

This section applies if an environmental enforcement order requires the recipient to take action on land that the recipient does not own.

(2)

The recipient, or person taking the action for the recipient (the contractor), may enter the land to take the action only—

(a)

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

(b)

if the recipient or contractor has given at least 2 business days written notice to the owner and occupier.

Note—See also section 369G.

(3)

The notice under subsection (2)(b) must inform the owner and occupier of—

(a)

the intention to enter the land; and

(b)

the purpose of the entry; and

(c)

the days and times when the entry is to be made.

(4)

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

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