New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 40

40 Exercise of powers of entry

(1) Before a person enters any land or building under a power conferred by this Division, the Corporation or a 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 or days specified in the notice unless:

(a) entry to the 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 material 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 under section 39, 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 unless 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.