ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SECT 39
Power of entry
ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SECT 39
Power of entry
39 Power of entry
(1) In this section,
"place" includes building, structure and mine.
(2) For the purpose of
enabling the Corporation to exercise its functions under this or any other
Act, the Corporation may--
(a) by a person authorised in writing by the
Corporation for the purpose enter--
(i) any land or any place (not being a
dwelling-place) on any land used in connection with the locating or the
development, extraction, production, provision, supply, transportation,
distribution or utilisation of energy or energy resources, at any time when
that land or place is being used for any of those purposes, and
(ii) any
other land or any other place (not being a dwelling-place) on any land at any
reasonable time,
and may there carry out such inspections, tests,
investigations, surveys, experiments, boring, drilling and exploration, and
take such samples and such photographs, as the person considers necessary in
connection with the exercise, by the Corporation, of its functions, and
(b)
by its employees or agents or by officers or employees of the Department,
enter any land and do all such things as are required--
(i) for the purpose of
maintaining and operating any undertaking acquired by it under this or any
other Act,
(ii) for the purpose of investigating any matter in respect of
which it intends to make a proposal referred to in section 12, or
(iii) for
any other purpose connected with or related or incidental to the exercise of
its functions under this or any other Act,
even though an easement to enter
the land or a right to enter the place may not have been granted or acquired.
(3) The Corporation shall not exercise any of its powers under this section
unless it gives at least 7 days' notice to the owner or occupier of the land
or place concerned.
(4) In exercising a power under this section, the
Corporation shall ensure that no more damage than is necessary in the
circumstances is inflicted and shall fully compensate any person who sustains
damage in the course of the exercise of the power.
(5) A power under this
section is in addition to any other power of entry conferred by or under this
or any other Act.