WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 36
Power to enter places for restricted purposes
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 36
Power to enter places for restricted purposes
36 Power to enter places for restricted purposes
(1) An authorised person may enter a place to—
(a) inspect, operate, change,
maintain, remove, repair or replace a service provider’s infrastructure at
the place; or
(b) install, under section 169, a device to reduce the water
supply to premises at the place; or
(c) if the place is public land that
adjoins a watercourse or lake downstream of a dam or weir—erect a sign on
the land to warn individuals of the risks of entering an area downstream of
the dam or weir.
(2) However, the authorised person may enter the place at
any reasonable time only if—
(a) the occupier consents to the entry; or
(b)
the service provider has given the occupier at least 14 days notice of the
entry and the purpose of the entry; or
(c) for entry under subsection (1) (a)
or (b) —the service provider needs to take urgent action to protect its
infrastructure at the place.
(3) Subsection (2) does not apply to an
authorised person entering public land under subsection (1) (c) if there is no
person in actual occupation of the land.
(4) After entering the place, the
authorised person may carry out the activity that is the purpose of the entry.
(5) If an authorised person enters a place under subsection (2) (c) , the
authorised person must give the person who appears to the authorised person to
be the owner of, or in control of, the place, a notice advising the purpose of
the entry.
(6) If there is no person at the place at the time of the entry
under subsection (2) (b) , the authorised person must leave the notice at the
place in a conspicuous position and in a reasonably secure way.
