sec.390NGeneral power to enter places

### sec.390N General power to enter places An authorised officer may enter a place, for a purpose of this Act or the Vegetation Management Act , if— an occupier at the place consents under division 2 to the entry and section 390Q has been complied with for the occupier; or the place is unallocated State land or relevant trust land; or the place is non-freehold land subject to a trust, lease, licence or permit, or freehold land containing a reservation for a public purpose, and the authorised officer reasonably believes— the terms or conditions of the trust, lease, licence, permit or reservation applying to the land are not being complied with; or this Act is not being complied with; or the place is non-freehold land and the authorised officer reasonably suspects a building or other structure or equipment on the land is dangerous and poses a serious risk to the safety of the public; or See chapter 7 , part 1A in relation to safety notices. the place is non-freehold land (other than unallocated State land or relevant trust land), or freehold land containing a reservation for a public purpose, and the entry is made at least 14 days after giving the occupier of the place a notice stating— the authorised officer’s intention to enter the place; and the proposed purpose of entering the place; and the day and time, or the 48 hour period during which, the authorised officer proposes to enter the place; or the place is a public place and the entry is made when the place is open to the public; or the place is the place of business of a lessee, licensee or permittee and is— open for carrying on the business; or otherwise open for entry; or the entry is authorised under a warrant and, if there is an occupier of the place, section 390X has been complied with for the occupier. However, subsection (1) (a) to (g) does not authorise the entry of a part of the place consisting of premises where a person resides. If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. If the power to enter is under a warrant, the power is subject to the terms of the warrant. The consent may provide consent for re-entry and is subject to the conditions of consent. If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. In this section— relevant trust land means— trust land of which the State is the trustee; or trust land for which there is no trustee. s 390N ins 2019 No. 7 s 203 (sec.390N-ssec.1) An authorised officer may enter a place, for a purpose of this Act or the Vegetation Management Act , if— an occupier at the place consents under division 2 to the entry and section 390Q has been complied with for the occupier; or the place is unallocated State land or relevant trust land; or the place is non-freehold land subject to a trust, lease, licence or permit, or freehold land containing a reservation for a public purpose, and the authorised officer reasonably believes— the terms or conditions of the trust, lease, licence, permit or reservation applying to the land are not being complied with; or this Act is not being complied with; or the place is non-freehold land and the authorised officer reasonably suspects a building or other structure or equipment on the land is dangerous and poses a serious risk to the safety of the public; or See chapter 7 , part 1A in relation to safety notices. the place is non-freehold land (other than unallocated State land or relevant trust land), or freehold land containing a reservation for a public purpose, and the entry is made at least 14 days after giving the occupier of the place a notice stating— the authorised officer’s intention to enter the place; and the proposed purpose of entering the place; and the day and time, or the 48 hour period during which, the authorised officer proposes to enter the place; or the place is a public place and the entry is made when the place is open to the public; or the place is the place of business of a lessee, licensee or permittee and is— open for carrying on the business; or otherwise open for entry; or the entry is authorised under a warrant and, if there is an occupier of the place, section 390X has been complied with for the occupier. (sec.390N-ssec.2) However, subsection (1) (a) to (g) does not authorise the entry of a part of the place consisting of premises where a person resides. (sec.390N-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (sec.390N-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.390N-ssec.5) The consent may provide consent for re-entry and is subject to the conditions of consent. (sec.390N-ssec.6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. (sec.390N-ssec.7) In this section— relevant trust land means— trust land of which the State is the trustee; or trust land for which there is no trustee. - (a) an occupier at the place consents under division 2 to the entry and section 390Q has been complied with for the occupier; or - (b) the place is unallocated State land or relevant trust land; or - (c) the place is non-freehold land subject to a trust, lease, licence or permit, or freehold land containing a reservation for a public purpose, and the authorised officer reasonably believes— (i) the terms or conditions of the trust, lease, licence, permit or reservation applying to the land are not being complied with; or (ii) this Act is not being complied with; or - (i) the terms or conditions of the trust, lease, licence, permit or reservation applying to the land are not being complied with; or - (ii) this Act is not being complied with; or - (d) the place is non-freehold land and the authorised officer reasonably suspects a building or other structure or equipment on the land is dangerous and poses a serious risk to the safety of the public; or Note— See chapter 7 , part 1A in relation to safety notices. - (e) the place is non-freehold land (other than unallocated State land or relevant trust land), or freehold land containing a reservation for a public purpose, and the entry is made at least 14 days after giving the occupier of the place a notice stating— (i) the authorised officer’s intention to enter the place; and (ii) the proposed purpose of entering the place; and (iii) the day and time, or the 48 hour period during which, the authorised officer proposes to enter the place; or - (i) the authorised officer’s intention to enter the place; and - (ii) the proposed purpose of entering the place; and - (iii) the day and time, or the 48 hour period during which, the authorised officer proposes to enter the place; or - (f) the place is a public place and the entry is made when the place is open to the public; or - (g) the place is the place of business of a lessee, licensee or permittee and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (h) the entry is authorised under a warrant and, if there is an occupier of the place, section 390X has been complied with for the occupier. - (i) the terms or conditions of the trust, lease, licence, permit or reservation applying to the land are not being complied with; or - (ii) this Act is not being complied with; or - (i) the authorised officer’s intention to enter the place; and - (ii) the proposed purpose of entering the place; and - (iii) the day and time, or the 48 hour period during which, the authorised officer proposes to enter the place; or - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (a) trust land of which the State is the trustee; or - (b) trust land for which there is no trustee.