Power of entry
70 Power of entry
Except where otherwise specifically provided by this Act or a relevant Act, entry by or on behalf of the Minister onto any land, premises or thing shall not be lawful unless —
the consent of the owner or occupier has been obtained; or
due notice under this Act, a relevant Act, or Part 9 of the Land Administration Act 1997 has been served.
Where due notice is served pursuant to subsection (1) the Minister may, unless the owner or occupier or a person authorised by the owner or occupier objects to the exercise of that power by the Minister, lawfully enter onto any land, premises or thing notwithstanding that the Minister has not obtained the consent of the owner or occupier.
The exercise of a power of entry conferred by this Part shall not be taken to require the Minister to acquire any interest in any land unless —
the Minister elects to acquire the interest by agreement; or
the Minister elects to take an interest under and in accordance with Part 9 of the Land Administration Act 1997, as read with this Act; or
the Minister is required to acquire an interest pursuant to section 81(4) of this Act or section 176 of the Land Administration Act 1997.
A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates.
[Section 70 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(3) and 142; No. 38 of 2007 s. 114 and 135; No. 25 of 2012 s. 87 and 109.]
71. Power of inspection etc.
For the purposes of this Act and any relevant Act, the Minister —
may, subject to section 72(1), enter and re‑enter at all reasonable times any land, premises or thing —
[(i) deleted]
in, on, over or under which any works of the Minister are lawfully situate,
for the purpose of routine inspection, or routine maintenance and no notice under this Act is required unless an agreement in writing entered into by the owner or occupier of the land, premises or thing with the Minister in relation thereto otherwise provides; and
may, without notice, enter at all reasonable times any land, premises or thing and take such measures as may be necessary to ascertain whether any offence against this Act or a relevant Act has been or is being committed.
Notwithstanding that the powers conferred by Subdivision 2 of Division 3, or Division 4, of Part 9 of the Land Administration Act 1997 or section 82 or 83A of the Public Works Act 1902 may in any particular case not be applicable, the Minister may enter upon any land if, in the opinion of the Minister, entry upon that land is necessary for the purposes of inspecting or examining the land to determine the feasibility of the use of that land for the purposes of this Act or a relevant Act, or as preliminary to any prospective or intended acquisition of the land or any estate or interest in that land.
Whenever the Minister enters or has entered on or into any land, premises or thing the person responsible for the conduct of the entry shall, on request, produce evidence of his designation or appointment and give particulars of the power conferred on the Minister by virtue of which the person claims a right of entry.
[Section 71 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 31, 41 and 42; No. 31 of 1997 s. 137(4); No. 38 of 2007 s. 115 and 135; No. 25 of 2012 s. 88 and 109.]
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