22Development Victoria's power to enter land

22 Development Victoria's power to enter land

S. 22(1) amended by No. 10/2017 s. 33(9)(13).

(1) A person authorised by Development Victoria or who is a member of Development Victoria's staff may enter land in the docklands area for the purpose of—

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

S. 22(1)(b) amended by No. 10/2017 s. 33(13).

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

S. 22(2) amended by No. 10/2017 s. 33(12).

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

S. 22(3) amended by No. 10/2017 s. 33(12).

(3) Development Victoria need not give this notice—

(a) if the occupier consents to the entry; or

(b) in an emergency.

(4) 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—

S. 22(4)(a) amended by No. 10/2017 s. 33(9).

(a) Development Victoria has reasonable grounds for believing that in respect of that land the by-laws are not being complied with; or

(b) the occupier consents to the entry.

(5) In exercising a power under subsection (1) a person must—

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

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

(c) 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;

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

Pt 3 Div. 4 (Heading) amended by No. 24/1993 s. 8.