Investigator’s authority
406 Investigator’s authority
The investigator’s authority must be in writing stating the following—
the land to which it applies;
the purpose for which it is given;
when it ends;
all conditions imposed on the authority.
The investigator’s authority authorises the investigator and associated persons of the investigator—
to enter and re-enter land the subject of the authority for investigating the land’s potential and suitability for the development; and
to the extent reasonably necessary or convenient for the purpose—
to do anything on the land; or
to bring anything onto the land; or
to temporarily leave machinery, equipment or other items on the land.
Examples of actions authorised by the investigator’s authority—
1 to conduct surveys, investigate and take samples
2 to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary
3 to construct temporary access tracks using the land or using materials brought onto the land
It is declared that—
the giving of the investigator’s authority is not an indication of a commitment or approval by the State, the chief executive or anyone else to any proposal, and in particular, does not commit the State to acquiring land for the development; and
a person is not an employee or agent of the State only because the person is an investigator.
The investigator’s authority does not authorise entering or doing anything to a structure on the land used solely for residential purposes without the permission of the occupier of the land.
The investigator and each associated person of the investigator, must comply with each condition of the authority, unless the investigator or associated person has a reasonable excuse.
Maximum penalty for subsection (5)—200 penalty units.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.