Power to enter land
133 Power to enter land
S. 133(1) amended by No. 17/2012 s. 20(1).
An officer of an Authority or an authorised person may, subject to subsections (1A), (1B) and (4), enter any land for the purpose of—
reading a meter installed under section 142 or any corresponding previous enactment; or
inspecting and measuring any septic tank system; or
inspecting any works, or making any test, to find out whether this Act, the regulations and the by-laws of the Authority are being complied with; or
carrying out any other function under this Act.
S. 133(1A) inserted by No. 17/2012 s. 20(2).
An officer of an Authority or an authorised person must not enter any land under subsection (1)(c), if the land is used primarily for residential purposes, unless—
the officer or person gives 7 days' notice in writing of the entry to the occupier of the land; or
the entry is by an officer of the Authority, who is an authorised water officer, who is entering under a warrant issued under section 291E; or
the occupier consents to the entry.
S. 133(1B) inserted by No. 17/2012 s. 20(2).
An officer of an Authority or an authorised person must not enter land under subsection (1)(d), if the land is used primarily for residential purposes, unless—
the officer or person gives 7 days' notice in writing of the entry to the occupier of the land; or
the occupier consents to the entry; or
the entry is in an emergency; or
the officer or person is performing a function under section 221(a).
An officer of an Authority or an authorised person may, subject to subsection (4) and after the Authority has given 7 days' notice in writing to the occupier, enter any land and carry out on that land any works that the Authority is empowered to carry out.
An Authority need not give the notice required by subsection (2)—
if the occupier consents to the entry and the carrying out of the works; or
in an emergency.
S. 133(4) substituted by No. 17/2012 s. 20(3).
Land that is used primarily for residential purposes must not be entered under subsection (1)(a), (b) or (d) or (2) between the hours of 6.00 p.m. and 7.30 a.m. unless—
the occupier consents to the entry between those hours; or
the entry is in an emergency.
S. 133(5) inserted by No. 17/2012 s. 20(3).
Land that is primarily used for residential purposes must not be entered under subsection (1)(c) between the hours of 6.00 p.m. and 7.30 a.m. unless—
the occupier of the land consents to the entry between those hours; or
the entry is authorised under a warrant issued under section 291E.
This provision refers to the regulations (the regulations
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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