Greenhouse Gas Storage Act 2009
sec.356Power of authorised person to ensure compliance
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sec.356 Power of authorised person to ensure compliance
This section applies if the holder, or former holder, of a GHG authority has not complied with section 267 , 252 or 334 in relation to land (the primary land ). A person authorised (the authorised person ) by the chief executive may by complying with section 357 exercise the following powers ( remedial powers )— enter the primary land and do all things necessary to ensure the requirement is complied with; enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land. However, remedial powers do not include 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. The authorisation— must be written; and may be given on conditions the Minister considers appropriate. (sec.356-ssec.1) This section applies if the holder, or former holder, of a GHG authority has not complied with section 267 , 252 or 334 in relation to land (the primary land ). (sec.356-ssec.2) A person authorised (the authorised person ) by the chief executive may by complying with section 357 exercise the following powers ( remedial powers )— enter the primary land and do all things necessary to ensure the requirement is complied with; enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land. (sec.356-ssec.3) However, remedial powers do not include 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.356-ssec.4) The authorisation— must be written; and may be given on conditions the Minister considers appropriate.
- (a) enter the primary land and do all things necessary to ensure the requirement is complied with;
- (b) enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.
- (a) must be written; and
- (b) may be given on conditions the Minister considers appropriate.