sec.335Authorisation to enter to facilitate compliance

sec.335 Authorisation to enter to facilitate compliance

The Minister may by notice authorise a former holder of a GHG authority to enter any of the following land to comply with, or remedy a contravention of, section 329 or this division— the land to which section 329 or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land. Sections 20 and 331 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder of the authority as if— the GHG authority were still in force (the notional authority ); and the former holder is the holder of the notional authority; and the primary land and any secondary land are in the notional authority’s area; and the compliance or the remedying of the contravention were authorised activities for the notional authority. However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure. If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section. s 335 amd 2018 No. 24 s 23 (sec.335-ssec.1) The Minister may by notice authorise a former holder of a GHG authority to enter any of the following land to comply with, or remedy a contravention of, section 329 or this division— the land to which section 329 or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land. (sec.335-ssec.2) Sections 20 and 331 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder of the authority as if— the GHG authority were still in force (the notional authority ); and the former holder is the holder of the notional authority; and the primary land and any secondary land are in the notional authority’s area; and the compliance or the remedying of the contravention were authorised activities for the notional authority. (sec.335-ssec.3) However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure. (sec.335-ssec.4) If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section.

• (a) the land to which section 329 or this division applies ( primary land );
• (b) any other land ( secondary land ) necessary or desirable to cross for access to the primary land.