sec.140Power to enter for emergency

sec.140 Power to enter for emergency

A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline. The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place. However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— comply with section 136 for the occupier; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place. Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency. s 140 amd 2006 No. 60 s 102 ; 2023 No. 25 s 31 sch 1 (sec.140-ssec.1) A distribution officer may enter a place to prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor’s distribution pipeline. (sec.140-ssec.2) The power under subsection (1) may be exercised without the consent of, or notice to, the occupier of the place. (sec.140-ssec.3) However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— comply with section 136 for the occupier; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. (sec.140-ssec.4) Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place. (sec.140-ssec.5) Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the prevention or dealing with the emergency.

• (a) comply with section 136 for the occupier;
• (b) tell the occupier the purpose of the entry;
• (c) seek the consent of the occupier to the entry;
• (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.