Environmental Protection Act 1994

This section applies if an environmental requirement requires a person to conduct work in relation to land to which the requirement relates (the primary land).

The person may apply to a Magistrates Court for an order (an entry order) to enter—

the primary land; or

other land (access land) that is necessary or desirable to cross to enter the primary land.

The application must state fully the grounds on which the entry order is sought.

The applicant must serve a copy of the application on—

the owner of the primary land and any access land; and

if the owner of the primary land or any access land is not the occupier of that land—the occupier.

The court may make an entry order only if it is satisfied it is necessary and reasonable to comply with the environmental requirement.

However, the court must not make an entry order that authorises entry to a building used for residential purposes.

Unless the court otherwise orders, an entry order remains in force until the environmental requirement is complied with.

An entry order must state each of the following—

that the applicant may, with necessary and reasonable help—

enter the primary land to conduct work to comply with a stated environmental requirement; and

cross any access land to enter the primary land under subparagraph (i);

the hours of the day when an entry under paragraph (a) may be made;

the nature of the work that may be conducted on the primary land;

if the court has made an order under subsection (7)—when the entry order ends;

if the court has not made an order under subsection (7)—that the entry order remains in force until the environmental requirement has been complied with.

An entry order may be made with other conditions.

Without limiting subsection (9), a condition may—

require security to be given for the benefit of anyone who might suffer a cost, damage or loss because of the exercise or purported exercise of a power under an entry order; and

provide for how and when the security may be released or used.