Local Government Act 2009

This section applies if, in the circumstances, a local government has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.

Relevant land means land, other than protected land, that is—

within the local government area; or

if the local government has the written approval of the Minister, under section 9(4)(b)(i), to exercise its powers outside its local government area—outside its local government area; or

if the local government may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.

Protected land is land that is—

the site of, or curtilage around, a home or other structure; or

a court, lawn, park, planted walk or avenue or yard; or

under cultivation (including a garden, nursery or plantation, for example); or

a state forest or timber reserve under the Forestry Act; or

a protected area under the Nature Conservation Act 1992; or

the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993.

A local government worker may, after giving a reasonable entry notice to the owner and the occupier of the relevant land within a reasonable period before the land is to be entered—

enter the land without the permission of the occupier of the land on each day at the times stated in the reasonable entry notice; and

search for materials that the local government requires to perform its responsibilities; and

remove the materials from the land.

However, the local government worker must, as soon as the local government worker enters the property—

inform any occupier of the property—

of the reason for entering the property; and

that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and

produce his or her identity card for the occupier of the property to inspect.

The local government worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).