sec.174Requirement to locate and inform occupier before entry

sec.174 Requirement to locate and inform occupier before entry

The inspector must, before entering the place, make a reasonable attempt to— locate an occupier; and if the occupier is located— comply with section 153 ; and inform the occupier— of the reason for entering the place; and that the inspector is authorised under this Act to enter the place without the permission of the occupier. See, however, the restrictions on entry under section 159 (2) . For the purpose of locating an occupier, the inspector 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 inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. If the inspector is unable to locate an occupier after making a reasonable attempt to do so, the inspector may enter the place. For an entry under section 162 , the inspector may enter the place without complying with subsection (1) if the inspector reasonably believes that immediate entry to the place is required to avoid an imminent significant relevant risk or significant relevant adverse effect. (sec.174-ssec.1) The inspector must, before entering the place, make a reasonable attempt to— locate an occupier; and if the occupier is located— comply with section 153 ; and inform the occupier— of the reason for entering the place; and that the inspector is authorised under this Act to enter the place without the permission of the occupier. See, however, the restrictions on entry under section 159 (2) . (sec.174-ssec.2) For the purpose of locating an occupier, the inspector 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 inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place. (sec.174-ssec.3) If the inspector is unable to locate an occupier after making a reasonable attempt to do so, the inspector may enter the place. (sec.174-ssec.4) For an entry under section 162 , the inspector may enter the place without complying with subsection (1) if the inspector reasonably believes that immediate entry to the place is required to avoid an imminent significant relevant risk or significant relevant adverse effect.

• (a) locate an occupier; and
• (b) if the occupier is located— (i) comply with section 153 ; and (ii) inform the occupier— (A) of the reason for entering the place; and (B) that the inspector is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 159 (2) .
• (i) comply with section 153 ; and
• (ii) inform the occupier— (A) of the reason for entering the place; and (B) that the inspector is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 159 (2) .