ENVIRONMENTAL PROTECTION ACT 1994 - SECT 455 Entry of land for access

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 455

455 Entry of land for access

(1) This section applies if—

(a) an authorised person may enter land (the
"primary land" ) under section 452 , 453 or 454 ; and

(b) it is necessary or desirable to cross other land (the
"access land" ) to enter the primary land.

(2) The authorised person may enter the access land and take into or over it anything the person reasonably requires for exercising a power under section 460 in relation to the primary land—

(a) if the person obtains the consent of the occupier of the access land; or

(b) if the person gives at least 5 business days written notice to the occupier before the entry; or

(c) without the consent of, or notice to, the occupier, if the person—

(i) believes on reasonable grounds there is an imminent risk of environmental harm being caused to or from the primary land; and

(ii) has told, or has made a reasonable attempt to tell, the occupier that the person is permitted to enter the access land under this paragraph.

(3) A notice under subsection (2) (b) must—

(a) describe the primary land and the access land; and

(b) state—

(i) that the authorised person intends to enter the access land for entry to the primary land; and

(ii) the day and time the access land will be entered; and

(iii) that an owner or occupier of the access land may claim compensation under section 487 for loss or damage caused by the entry to the access land.

(4) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.

(5) Nothing in this section authorises the authorised person to enter a building used for residential purposes.

(6) This section does not limit section 452 , 453 or 454 .