New South Wales Consolidated Acts

HUNTER WATER ACT 1991 - SECT 21

21 Exercise of powers of entry

(1) Before an authorised person enters any land or building under a power conferred by this Division, the Corporation or an authorised person must serve on the owner or occupier of the land or building notice in writing of the intention to enter the land or building on a day specified in the notice unless:

(a) entry to any land or building is made with the consent of the owner or occupier of the land or building, or

(b) entry is required urgently and the case is one in which the board of the Corporation has authorised in writing (either generally or in the particular case) entry without notice, or

(c) entry is made solely for the purpose of reading a meter that measures water supplied by the Corporation or water discharged into the Corporation’s sewers if the meter is not in a dwelling-house or building, or

(d) the giving of notice would defeat the purpose for which the power is to be exercised.

(2) A power conferred by this Division to enter any land or building may not be exercised unless the person proposing to exercise the power:

(a) is in possession of a certificate of authority issued by an officer of the Corporation who has been authorised by the board of the Corporation to issue such certificates, and

(b) exercises the power at a reasonable time during daylight, unless this would defeat the purpose for which the power is to be exercised or the power is exercised in an emergency, and

(c) produces the certificate of authority if required to do so by the occupier of the land, and

(d) uses no more force than is reasonably necessary to effect the entry.

(3) Nothing in this section authorises the use of force to enter a dwelling-house or any enclosed part of a building occupied as a dwelling or authorises the entry of such premises at night without the consent of the owner or occupier of the premises.

(4) A certificate of authority must:

(a) state that it is issued under the Hunter Water Board (Corporatisation) Act 1991 , and

(b) give the name of the person to whom it is issued, and

(c) describe the nature of the powers conferred and the source of the powers, and

(d) state the date (if any) on which it expires, and

(e) if issued to an officer of the Corporation, describe the general area or the land to which the power extends or, if issued to an authorised person who is not an employee of the Corporation, describe the land to which the power extends, and

(f) bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.

(5) The Minister may, if the Minister thinks fit, by order published in the Gazette, attach conditions or restrictions to certificates of authority issued under this Act, either generally or in particular cases, including restrictions on the purposes for which and the circumstances in which a power of entry may be exercised.