39Power of entry

39 Power of entry

39 Power of entry

(1) In this section, place includes building, structure and mine.

(2) For the purpose of enabling the Corporation to exercise its functions under this or any other Act, the Corporation may—

(a) by a person authorised in writing by the Corporation for the purpose enter—

(i) any land or any place (not being a dwelling-place) on any land used in connection with the locating or the development, extraction, production, provision, supply, transportation, distribution or utilisation of energy or energy resources, at any time when that land or place is being used for any of those purposes, and

(ii) any other land or any other place (not being a dwelling-place) on any land at any reasonable time,

and may there carry out such inspections, tests, investigations, surveys, experiments, boring, drilling and exploration, and take such samples and such photographs, as the person considers necessary in connection with the exercise, by the Corporation, of its functions, and

(b) by its employees or agents or by officers or employees of the Department, enter any land and do all such things as are required—

(i) for the purpose of maintaining and operating any undertaking acquired by it under this or any other Act,

(ii) for the purpose of investigating any matter in respect of which it intends to make a proposal referred to in section 12, or

(iii) for any other purpose connected with or related or incidental to the exercise of its functions under this or any other Act,

even though an easement to enter the land or a right to enter the place may not have been granted or acquired.

(3) The Corporation shall not exercise any of its powers under this section unless it gives at least 7 days’ notice to the owner or occupier of the land or place concerned.

(4) In exercising a power under this section, the Corporation shall ensure that no more damage than is necessary in the circumstances is inflicted and shall fully compensate any person who sustains damage in the course of the exercise of the power.

(5) A power under this section is in addition to any other power of entry conferred by or under this or any other Act.