Environmental Protection Act 1994

This section applies if the prescribed responsible person who receives a notice under section 394 in relation to relevant land is not the land’s owner.

The prescribed responsible person, or a person (a consultant) preparing the draft site management plan for the prescribed responsible person, may enter the land to prepare the draft plan—

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

if the prescribed responsible person or consultant has given the owner and occupier at least 5 business days written notice of the person’s or consultant’s intention to enter the land.

The notice must state—

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 prescribed responsible person or consultant to enter a building used for residential purposes.

When preparing the draft site management plan, the prescribed responsible person or consultant must take all reasonable steps to ensure the person or consultant causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

If a person (the affected person) incurs loss or damage because of the entry of the land by the prescribed responsible person or consultant to prepare a draft site management plan, the affected person is entitled to be paid by the prescribed responsible person or consultant reasonable compensation because of the loss or damage—

that is agreed between the prescribed responsible person or consultant and the affected person; or

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

For subsection (6)(b), the court may make the order about costs that the court considers just.