(1) This section applies if the administering authority believes on reasonable
grounds land is contaminated land.
Example—
The administering authority
may, as a result of investigations conducted in an area, become aware
contaminated fill has been used in the area. In the circumstances, the
administering authority may believe on reasonable grounds individual lots of
land in the area are contaminated land.
(2) An authorised person may, under
this section, enter the land to conduct a preliminary investigation.
(3) A
power under subsection (2) may be exercised only—
(a) with the agreement of
the owner and occupier of the land; or
(b) if the administering authority has
given at least 5 business days written notice to the owner and occupier.
(4)
The notice must inform the owner and occupier—
(a) the administering
authority reasonably believes the land is contaminated land; and
(b) an
authorised person intends to enter the land; and
(c) the purpose of the
entry; and
(d) the days and times when the entry is to be made.
(5) In
exercising a power under subsection (2) , the authorised person must take all
reasonable steps to ensure the person causes as little inconvenience, and does
as little damage, as is practicable in the circumstances.
(6) Nothing in this
section authorises the authorised person to enter a building used for
residential purposes.
