Rights as to entry etc. in emergency
73 Rights as to entry etc. in emergency
Where it appears to the Minister, an officer of the Department or any other person who pursuant to section 3(3) is deemed to be authorised to exercise a power of the Minister, that by reason of —
actual or apprehended danger or health risk to any person or in relation to any property; or
the occurrence of injury, disease or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, the works of the Minister; or
[(c), (d) deleted]
any other matter,
the circumstances are such that an emergency situation exists which makes compliance with the normal requirements of this Act or a relevant Act impractical or unreasonable, then, while those circumstances subsist and for so long thereafter as is reasonably required in relation thereto, the Minister or that person may lawfully effect immediate entry on or into any land, premises or thing necessary to deal with the emergency situation, and there exercise all such powers as are by this Act or a relevant Act conferred on the Minister or that person and are reasonably required to deal with that situation, and may in so far as is necessary use reasonable force to effect entry, without any requirement for notice or warrant and by force of this subsection.
Notwithstanding that no notice is required under subsection (1), where it is practicable so to do notice of an entry effected under subsection (1) shall be given to all persons who are, or are the owners or occupiers of land which is, likely to be affected.
Any question as to what is a necessary entry may be determined by the officer of the Department or other person authorised by this section to effect or direct the entry, and any question as to what powers are reasonably required to deal with a situation to which subsection (1) refers may be determined by the person responsible for the exercise of the power, and in any proceedings arising therefrom such a determination shall be presumed, in the absence of evidence to the contrary, to have been made in good faith.
The Minister or a person exercising powers pursuant to this section shall, as soon as may be, remove anything left on the land, premises or thing entered and shall make good any damage, or effect restoration, rehabilitation or restitution and section 62 has effect as though a reference in that section to the Minister included a reference to a person exercising powers pursuant to this section.
[Section 73 inserted: No. 25 of 1985 s. 17; amended: No. 73 of 1995 s. 32 and 42; No. 38 of 2007 s. 117 and 135; No. 25 of 2012 s. 90 and 109.]
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