PUBLIC HEALTH ACT 2005 - SECT 388
Power to enter place to take steps if public health order not complied with
PUBLIC HEALTH ACT 2005 - SECT 388
Power to enter place to take steps if public health order not complied with
388 Power to enter place to take steps if public health order not complied
with
(1) This section applies if—
(a) a person has been given a public health
order for a public health risk at a place; and
(b) the public health order
requires the person to take steps at the place to remove or reduce the risk to
public health from the public health risk, or prevent the risk to public
health from recurring; and
(c) the person has failed to take the steps as
required by the order.
(2) The issuing authority by its employees or agents
may, at reasonable times, enter the place to take the steps stated in the
order.
(3) Subsection (2) does not allow entry to a building or other
structure without the occupier’s consent, an enforcement order or a warrant.
(4) The procedure for entry under this section is set out under section 393.