Water and Sewerage Industry Act 2008

A water and sewerage officer of a regulated entity may – enter and remain on land to carry out preliminary investigations in connection with the installation of water infrastructure and sewerage infrastructure; or enter and remain on land where the water infrastructure or sewerage infrastructure of the regulated entity is situated to carry out operational work or protective work on the infrastructure; or enter and remain on any land for the purposes of carrying out operational or protective work on land on which water infrastructure or sewerage infrastructure is situated.

A water and sewerage officer of a regulated entity may only exercise a power of entry under this section between the hours of 7 a.m. and 7 p.m. on any day.

Subject to this section, if a water and sewerage officer seeks to enter on land under this section, the officer must give the occupier of the land not less than 7 days' written notice stating the reason and the date and time of the proposed entry.

If the proposed entry is refused or obstructed, a water and sewerage officer may obtain a warrant under section 56ZN to enter on the land.

In an emergency, a water and sewerage officer may exercise a power of entry under this section – at any time and without prior notice if it is not practicable to give such notice; and if necessary in the circumstances, by the use of reasonable force.

When a water and sewerage officer enters on land under this section, the officer – may be accompanied by such other persons as the officer considers necessary or appropriate; and may bring on to the land any vehicles and equipment that the officer considers necessary or appropriate for the work which the water and sewerage officer is to carry out on the land.

A water and sewerage officer must be accompanied by a police officer – when entering on land with the authority of a warrant under section 56ZN; and if it is practicable to do so, when entering on land by force in an emergency.

Subject to this section, a regulated entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.

If the owner of the land and the regulated entity do not agree as to the extent of compensation, or the regulated entity refuses to pay compensation, the claim for compensation is to be determined – if it is a minor civil claim within the meaning of the Magistrates Court (Civil Division) Act 1992, by the minor civil claims division of the Magistrates Court; or in any other case, as if it were a disputed claim for compensation under the Land Acquisition Act 1993.