Planning Act 2023
468General powers on entry to premises
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468 General powers on entry to premises (1) For this Act, an inspector who enters premises under this chapter may do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine anything; (b) take measurements or conduct tests; (c) take photographs or audio, video or other recordings, or make sketches; (d) ask the occupier, or anyone else at the premises— (i) to give information to the inspector; or (ii) to produce documents to the inspector. Note An inspector who enters premises under a search warrant may also exercise power under s 470, s 471 and s 472. An inspector who enters premises under a monitoring warrant may also exercise powers under s 470 and s 472. See also s (3) in relation to the exercise of power under warrants. (2) An inspector must not exercise a power under subsection (1) unless the inspector believes on reasonable grounds that the exercise relates to 1 or more of the following: (a) a controlled activity or possible controlled activity; (b) a prohibition notice; (c) a direction under section 437 to undertake rectification work; (d) an injunction under section 456; (e) an offence or possible offence, or a thing or activity connected with an offence or possible offence, against this Act.
(3) If the inspector enters the premises under a search warrant or monitoring warrant, the inspector may only exercise a power under subsection (1) in relation to a matter mentioned in subsection (2) if the warrant relates to the matter. (4) This section does not apply to an inspector who enters premises under section 463 (1) (c) or (d).