LOCAL GOVERNMENT ACT 2009 - SECT 142 Entry by a local government worker, with reasonable entry notice, under a remedial notice

LOCAL GOVERNMENT ACT 2009 - SECT 142

142 Entry by a local government worker, with reasonable entry notice, under a remedial notice

(1) This section applies if—

(a) a local government gives a remedial notice to the owner or the occupier of a property (the
"responsible person" ); and

(b) the responsible person fails to take the action required under the remedial notice.

(2) After giving a reasonable entry notice to the occupier of the property, a local government worker may—

(a) enter the property (other than a home on the property) without the permission of the occupier; and

(b) take the action that is required under the remedial notice.

(3) However, the local government worker must, as soon as the local government worker enters the property—

(a) inform any occupier of the property—

(i) of the reason for entering the property; and

(ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and

(b) produce his or her identity card for the occupier of the property to inspect.

(4) The local government may recover the amount that the local government properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.

(5) Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the local government.

(6) The local government must give the person who failed to take the action notice of the amount of the debt.

(7) Subsection (8) applies if the person who failed to take the action is the owner of the property.

(8) If the debt is not paid within 30 days after the date of the notice, the local government may recover the debt as if the debt were overdue rates.