sec.454Entry of land—preliminary investigation

### sec.454 Entry of land—preliminary investigation This section applies if the administering authority believes on reasonable grounds land is contaminated land. The administering authority may, as a result of investigations conducted in an area, become aware contaminated fill has been used in the area. In the circumstances, the administering authority may believe on reasonable grounds individual lots of land in the area are contaminated land. An authorised person may, under this section, enter the land to conduct a preliminary investigation. A power under subsection (2) may be exercised only— with the agreement of the owner and occupier of the land; or if the administering authority has given at least 5 business days written notice to the owner and occupier. The notice must inform the owner and occupier— the administering authority believes the land is contaminated land; and an authorised person intends to enter the land; and the purpose of the entry; and the days and times when the entry is to be made. In exercising a power under subsection (2) , the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances. Nothing in this section authorises the authorised person to enter a building used for residential purposes. s 454 ins 1997 No. 80 s 23 amd 1999 No. 19 sch; 2000 No. 64 s 30 ; 2002 No. 45 s 3 (2) sch ; 2008 No. 52 s 45 ; 2024 No. 30 s 61 sch 1 (sec.454-ssec.1) This section applies if the administering authority believes on reasonable grounds land is contaminated land. The administering authority may, as a result of investigations conducted in an area, become aware contaminated fill has been used in the area. In the circumstances, the administering authority may believe on reasonable grounds individual lots of land in the area are contaminated land. (sec.454-ssec.2) An authorised person may, under this section, enter the land to conduct a preliminary investigation. (sec.454-ssec.3) A power under subsection (2) may be exercised only— with the agreement of the owner and occupier of the land; or if the administering authority has given at least 5 business days written notice to the owner and occupier. (sec.454-ssec.4) The notice must inform the owner and occupier— the administering authority believes the land is contaminated land; and an authorised person intends to enter the land; and the purpose of the entry; and the days and times when the entry is to be made. (sec.454-ssec.5) In exercising a power under subsection (2) , the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances. (sec.454-ssec.6) Nothing in this section authorises the authorised person to enter a building used for residential purposes. - (a) with the agreement of the owner and occupier of the land; or - (b) if the administering authority has given at least 5 business days written notice to the owner and occupier. - (a) the administering authority believes the land is contaminated land; and - (b) an authorised person intends to enter the land; and - (c) the purpose of the entry; and - (d) the days and times when the entry is to be made.