WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 192 General power to enter places

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 192

192 General power to enter places

(1) An authorised person may enter a place—

(a) if—

(i) an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or

(ii) the entry is authorised under a warrant and, if there is an occupier of the place, division 3 , subdivision 2 has been complied with for the occupier; or

(iii) it is a public place and the entry is made when it is open to the public; or

(iv) it is a place of business that is open for carrying on the business; or

(v) it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103 (1) or 104 (1) has been or is being committed; or

(b) if it is a waste facility and entry is made during the daytime; or

(c) under section 204 .

(2) Subsection (1) (a) (iv) is not limited by subsection (1) (b) .

(3) Subsection (1) (a) (iv) or (b) does not authorise entry to any part of the place where a person resides.

(4) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(6) If the power to enter arose only because an occupier of the place consented to the entry, the consent may provide consent for re-entry and is subject to the conditions of consent.

(7) If the power to enter is under a warrant, the re-entry is subject to the terms of the warrant.

(8) In this section—


"vacant land" means land on which there are no structural improvements other than fencing.