• Specific Year
    Any

LOCAL GOVERNMENT ACT 2008 (NO 12 OF 2008) - SECT 116 Power to enter land or premises

LOCAL GOVERNMENT ACT 2008 (NO 12 OF 2008) - SECT 116

Power to enter land or premises

    (1)     An authorised person may, with the necessary authority, enter land or premises for an authorised purpose and remain on the land or premises for as long as may be necessary for that purpose.

    (2)     The necessary authority is:

    (a)     the consent of the occupier; or

    (b)     a warrant issued by a Justice; or

    (c)     in an emergency – the CEO's authorisation.

    (3)     A Justice may, if satisfied by information verified by oath or affirmation, that there are reasonable grounds on which an authorised person should be authorised to enter land or premises to carry out an authorised purpose, issue a warrant accordingly.

    (4)     An authorised purpose is any one or more of the following:

    (a)     investigating a suspected offence against this Act or a by-law;

    (b)     taking necessary action in an emergency:

        (i)     to protect the health of, or prevent injury to, a person or animal; or

        (ii)     to relieve the suffering of an animal; or

        (iii)     to seize or destroy a savage, diseased or injured animal;

    (c)     destroying a dog that has, within the preceding 24 hours, attacked and injured a person in a public place;

    (d)     exercising any other power conferred on an authorised person by this Act or a by-law.