sec.452Entry of place—general

### sec.452 Entry of place—general An authorised person may enter a place if— its occupier consents to the entry and, if the entry is for exercising a power under chapter 7 , part 5 or 8 , its owner consents; or it is a public place and the entry is made when the place is open to the public; or it is a place to which an environmental authority relates and the entry is made when— the activity to which the authority relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which an environmental authority or PRCP schedule relates and an authorised person has given at least 5 business days written notice to the owner and occupier of the place stating— an authorised person intends to enter the place; and the purpose of the entry; and the day and time when the entry is to be made; or it is a place to which an agricultural ERA relates and the entry is made when— the activity is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which a recognised accreditation program for an agricultural ERA relates and entry is made when— the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which a prescribed condition for a small scale mining activity relates and the entry is made when— the activity to which the condition relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which an enforceable undertaking relates and the entry is made when— the activity to which the undertaking relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place where an industry is conducted and the entry is made when— the place is open for conduct of business; or is otherwise open for entry; or the entry is authorised by a warrant; or for land mentioned in chapter 7 , part 5 or 8 —the entry is authorised by an order under section 458 ; or the authorised person may enter the place under section 453 , 454 or 455 . An authorised person may enter a place if— it was a place to which an environmental authority or PRCP schedule related but the environmental authority or PRCP schedule no longer operates at the place by operation of a law other than this Act; and the place is not used for residential purposes; and an authorised person has given at least 2 business days written notice to the owner and occupier of the place stating— an authorised person intends to enter the place; and the purpose of the entry; and the day and time when the entry is to be made. For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Unless the entry is made under the authority of a warrant or order, the entry must be made at a reasonable time. s 452 amd 1997 No. 80 s 22 ; 1998 No. 13 s 55 ; 2000 No. 64 s 29 ; 2003 No. 95 s 32 ; 2008 No. 52 s 43 ; 2009 No. 3 s 466 ; 2009 No. 42 s 11 ; 2012 No. 16 s 36 (amd 2013 No. 10 s 15 ); 2014 No. 59 s 93 ; 2016 No. 14 s 9 ; 2018 No. 30 s 191 ; 2019 No. 28 s 19 ; 2024 No. 30 s 61 sch 1 (sec.452-ssec.1) An authorised person may enter a place if— its occupier consents to the entry and, if the entry is for exercising a power under chapter 7 , part 5 or 8 , its owner consents; or it is a public place and the entry is made when the place is open to the public; or it is a place to which an environmental authority relates and the entry is made when— the activity to which the authority relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which an environmental authority or PRCP schedule relates and an authorised person has given at least 5 business days written notice to the owner and occupier of the place stating— an authorised person intends to enter the place; and the purpose of the entry; and the day and time when the entry is to be made; or it is a place to which an agricultural ERA relates and the entry is made when— the activity is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which a recognised accreditation program for an agricultural ERA relates and entry is made when— the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which a prescribed condition for a small scale mining activity relates and the entry is made when— the activity to which the condition relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place to which an enforceable undertaking relates and the entry is made when— the activity to which the undertaking relates is being carried out; or the place is open for conduct of business; or the place is otherwise open for entry; or it is a place where an industry is conducted and the entry is made when— the place is open for conduct of business; or is otherwise open for entry; or the entry is authorised by a warrant; or for land mentioned in chapter 7 , part 5 or 8 —the entry is authorised by an order under section 458 ; or the authorised person may enter the place under section 453 , 454 or 455 . (sec.452-ssec.2) An authorised person may enter a place if— it was a place to which an environmental authority or PRCP schedule related but the environmental authority or PRCP schedule no longer operates at the place by operation of a law other than this Act; and the place is not used for residential purposes; and an authorised person has given at least 2 business days written notice to the owner and occupier of the place stating— an authorised person intends to enter the place; and the purpose of the entry; and the day and time when the entry is to be made. (sec.452-ssec.3) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.452-ssec.4) Unless the entry is made under the authority of a warrant or order, the entry must be made at a reasonable time. - (a) its occupier consents to the entry and, if the entry is for exercising a power under chapter 7 , part 5 or 8 , its owner consents; or - (b) it is a public place and the entry is made when the place is open to the public; or - (c) it is a place to which an environmental authority relates and the entry is made when— (i) the activity to which the authority relates is being carried out; or (ii) the place is open for conduct of business; or (iii) the place is otherwise open for entry; or - (i) the activity to which the authority relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (d) it is a place to which an environmental authority or PRCP schedule relates and an authorised person has given at least 5 business days written notice to the owner and occupier of the place stating— (i) an authorised person intends to enter the place; and (ii) the purpose of the entry; and (iii) the day and time when the entry is to be made; or - (i) an authorised person intends to enter the place; and - (ii) the purpose of the entry; and - (iii) the day and time when the entry is to be made; or - (e) it is a place to which an agricultural ERA relates and the entry is made when— (i) the activity is being carried out; or (ii) the place is open for conduct of business; or (iii) the place is otherwise open for entry; or - (i) the activity is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (f) it is a place to which a recognised accreditation program for an agricultural ERA relates and entry is made when— (i) the place is open for conduct of business; or (ii) the place is otherwise open for entry; or - (i) the place is open for conduct of business; or - (ii) the place is otherwise open for entry; or - (g) it is a place to which a prescribed condition for a small scale mining activity relates and the entry is made when— (i) the activity to which the condition relates is being carried out; or (ii) the place is open for conduct of business; or (iii) the place is otherwise open for entry; or - (i) the activity to which the condition relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (h) it is a place to which an enforceable undertaking relates and the entry is made when— (i) the activity to which the undertaking relates is being carried out; or (ii) the place is open for conduct of business; or (iii) the place is otherwise open for entry; or - (i) the activity to which the undertaking relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (i) it is a place where an industry is conducted and the entry is made when— (i) the place is open for conduct of business; or (ii) is otherwise open for entry; or - (i) the place is open for conduct of business; or - (ii) is otherwise open for entry; or - (j) the entry is authorised by a warrant; or - (k) for land mentioned in chapter 7 , part 5 or 8 —the entry is authorised by an order under section 458 ; or - (l) the authorised person may enter the place under section 453 , 454 or 455 . - (i) the activity to which the authority relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (i) an authorised person intends to enter the place; and - (ii) the purpose of the entry; and - (iii) the day and time when the entry is to be made; or - (i) the activity is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (i) the place is open for conduct of business; or - (ii) the place is otherwise open for entry; or - (i) the activity to which the condition relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (i) the activity to which the undertaking relates is being carried out; or - (ii) the place is open for conduct of business; or - (iii) the place is otherwise open for entry; or - (i) the place is open for conduct of business; or - (ii) is otherwise open for entry; or - (a) it was a place to which an environmental authority or PRCP schedule related but the environmental authority or PRCP schedule no longer operates at the place by operation of a law other than this Act; and - (b) the place is not used for residential purposes; and - (c) an authorised person has given at least 2 business days written notice to the owner and occupier of the place stating— (i) an authorised person intends to enter the place; and (ii) the purpose of the entry; and (iii) the day and time when the entry is to be made. - (i) an authorised person intends to enter the place; and - (ii) the purpose of the entry; and - (iii) the day and time when the entry is to be made. - (i) an authorised person intends to enter the place; and - (ii) the purpose of the entry; and - (iii) the day and time when the entry is to be made. - (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or - (b) enter part of the place the authorised person considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.