QLDIn ForceAct
Biosecurity Act 2014
sec.94Power to enter a place
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### sec.94 Power to enter a place
This section applies if the building authority for a barrier fence part needs to enter a place to—
inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or
clear the fence line.
The building authority must, before entering the place—
obtain the occupier’s consent to the entry; or
give the occupier notice of—
the intended entry; and
the purpose of the entry; and
the proposed dates and times of entry.
If the building authority is satisfied it is impracticable to give the notice under subsection (2) (b) , it is sufficient compliance with the subsection if the building authority—
publishes the notice in a newspaper circulating generally in the area in which the place is situated; or
places the notice conspicuously on the place.
Notice under this section must be given at least 7 days before the intended entry.
However, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.
(sec.94-ssec.1) This section applies if the building authority for a barrier fence part needs to enter a place to— inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or clear the fence line.
(sec.94-ssec.2) The building authority must, before entering the place— obtain the occupier’s consent to the entry; or give the occupier notice of— the intended entry; and the purpose of the entry; and the proposed dates and times of entry.
(sec.94-ssec.3) If the building authority is satisfied it is impracticable to give the notice under subsection (2) (b) , it is sufficient compliance with the subsection if the building authority— publishes the notice in a newspaper circulating generally in the area in which the place is situated; or places the notice conspicuously on the place.
(sec.94-ssec.4) Notice under this section must be given at least 7 days before the intended entry.
(sec.94-ssec.5) However, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.
- (a) inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or
- (b) clear the fence line.
- (a) obtain the occupier’s consent to the entry; or
- (b) give the occupier notice of— (i) the intended entry; and (ii) the purpose of the entry; and (iii) the proposed dates and times of entry.
- (i) the intended entry; and
- (ii) the purpose of the entry; and
- (iii) the proposed dates and times of entry.
- (i) the intended entry; and
- (ii) the purpose of the entry; and
- (iii) the proposed dates and times of entry.
- (a) publishes the notice in a newspaper circulating generally in the area in which the place is situated; or
- (b) places the notice conspicuously on the place.