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s 3

Powers of entry on land

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3 Powers of entry on land

(1)

Notwithstanding anything contained in any Act or law or process of law to the contrary, for the purposes of making and carrying out a soil survey, any authorised person shall, at all reasonable times and as often as may be deemed necessary, have the unrestricted right to—

(a)

enter and re-enter from time to time upon any land with such assistants and any plant and equipment as are required;

(b)

dig and bore into any land so as to ascertain the nature of the soil in respect of the land;

(c)

take samples of the soil, earth, gravel, stone, or other material, or water, or of any plant growing on the land, for any purposes, scientific or otherwise, as may be necessary in respect of such soil survey;

(d)

make any inspection, investigation, or examination, and do all things necessary for the purposes of or incidental to such soil survey.

(2)

Where practicable, reasonable notice shall be given to the owner or occupier of the land by the authorised person of the intention to enter thereon and to exercise the powers conferred under this Act; and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown.

(3)

If any such entry to any land is refused to any authorised person by any occupier or owner of the land concerned, or if upon entry by an authorised person such authorised person is prevented or obstructed from exercising the powers conferred under this Act, any justice, on complaint by such authorised person, may (after reasonable notice in writing of the intention to make it has been given to the occupier or owner), by signed order, require the occupier or owner to permit such authorised person to enter the land, or upon entry by such authorised person upon such land to allow such authorised person to exercise the powers conferred under this Act, as the case may be.

(3A)

Any such order made by a justice shall continue in force until the necessary purpose has been completed.

(3B)

Any person who refuses to obey any order of a justice made under subsection (3) shall be liable to a penalty of 1 penalty unit.

(4)

Any person who wilfully obstructs any person acting under the authority of subsection (1) shall be liable to a penalty of 1 penalty unit

(5)

All penalties incurred under this Act may be recovered in a summary way on complaint of an authorised person, or any other person named in any authority of the Minister, under the provisions of the Justices Act 1886.

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