46Power to enter land

46 Power to enter land

S. 46(1) amended by No. 10/2017 s. 23(1).

(1) Development Victoria may, by instrument, authorise a person to enter land in the project area for the purposes of this section.

S. 46(2) amended by No. 10/2017 s. 23(1).

(2) Development Victoria must issue an identity card to each person authorised under this section.

(3) An identity card must contain a photograph of the person to whom it is issued.

S. 46(4) amended by No. 10/2017 s. 24(4).

(4) A person authorised by Development Victoria under this section may enter land in the project area for the purpose of—

(a) carrying out surveys or investigations connected with the development of the project area; or

S. 46(4)(b) amended by No. 10/2017 ss 24(4), 27.

(b) doing on Development Victoria's behalf anything Development Victoria is authorised to do on that land in carrying out its functions or powers in relation to the project area.

S. 46(5) amended by No. 10/2017 s. 23(1).

(5) Development Victoria must give 7 days notice in writing to the occupier of the land to be entered before entry occurs.

(6) A notice under subsection (5) must—

(a) contain the reasons for entering the land; and

(b) reproduce this section.

(7) A person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.

S. 46(8) amended by No. 10/2017 s. 23(1).

(8) Development Victoria need not give notice in writing under this section in an emergency.

(9) A person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.

(10) In exercising a power under subsection (4), a person must—

(a) identify himself or herself by producing the identity card issued to that person under this section;

(b) cause as little harm and inconvenience as possible;

(c) not stay on the land for any longer than it is reasonably necessary;

(d) remove from the land anything brought on to the land by the person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;

(e) leave the land as nearly as possible in the condition in which he or she found it.