Northern Territory Consolidated Acts Northern Territory Consolidated Acts20. Power to enter land and take action
(1) In the exercise of the rights of the Territory under section 9(2) or the performance of a duty under section 34, the Controller or an authorised officer may enter and remain on any land but may not, without the permission of the owner or occupier, or the authority of a court, enter a dwelling house.
(2) The Controller or an authorised officer may, on land entered by him or her in pursuance of subsection (1), take such measures or construct, maintain, repair, alter or remove such works as he or she thinks fit for the investigation, use, control, protection or management of water or the performance of the Controller's duty under this Act or the administration of the rights of the Territory in respect of water.
(3) Where for a purpose referred to in subsection (1) or (2) the Controller or an authorised officer wishes to enter land, he or she shall, except in circumstances which he or she considers constitute an emergency, or where the purpose of the entry is to ascertain whether a breach of this Act (including the compliance with a term or condition of a licence, permit or consent granted under this Act) has occurred or for routine monitoring purposes, give notice in writing to the owner or occupier of the land of the intention to enter the land.
(4) A notice required by subsection (3) to be given shall be served not later than 14 days before the entry and shall specify the land on or into which entry is to be made, the work, if any, proposed to be carried out or measures proposed to be taken, and the name and address of all contractors, agents, tradesmen, assistants or other persons who will enter the land to carry out the work or take the measures.
(5) The Controller may, by notice in writing served on the owner or occupier of land, require the owner or occupier to do or not to do anything or to take such measures or construct or remove such works as, in the opinion of the Controller, are necessary or expedient for the investigation, use, control, protection or management of water or the administration of the rights of the Territory in respect of water specified in the notice, and by such time or within such period as is specified in the notice.
(6) Where an owner or occupier of land refuses or fails to comply with a notice under subsection (5) or section 15(4), the Controller or an authorised officer may enter the land to which the notice relates and take such measures, or construct, maintain, repair, alter or remove such works, as are necessary to ensure compliance with the notice and the cost of so doing reasonably incurred by the Controller or authorised officer is a debt due and payable by the owner or occupier, as the case may be, to the Territory.
(7) In the exercise of powers under this section or section 77, the Controller or an authorised officer may:
(a) be accompanied by such contractors, agents, tradesmen, assistants and other persons;
(b) take with him or her such plant, machinery, equipment and materials; and
(c) take such photographs,
as the Controller or authorised officer thinks necessary or expedient in the circumstances.
(8) In this section authorised officer means a person appointed under section 21 for the purposes of this section.