369F

Taking action in place of recipient

In force

(1)

This section applies if—

(a)

the recipient of an environmental enforcement order fails to take an action stated in the order within the time stated in the order; or

(b)

the operation of the decision to issue an environmental enforcement order is stayed under section 539A or 539B.

(2)

An authorised person, or person acting under the direction of an authorised person (the contractor), may take the action stated in the order.

(3)

For subsection (2), the authorised person or contractor may enter land on which the action is required to be taken—

(a)

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

(b)

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

Note—See also section 369G.

(4)

The notice under subsection (3)(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.

(5)

Subsection (3) does not limit another provision of this Act under which an authorised person may enter land.

Note—See also sections 452 and 458 for other powers to enter a place to take the action.

(6)

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

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