56Power to enter land by persons authorised by Authority

56 Power to enter land by persons authorised by Authority

(1) An authorised person may enter land for the purpose of—

(a) doing all things necessary and convenient to carry out surveys or investigations for the purposes of, or connected to, the Suburban Rail Loop program or a Suburban Rail Loop project or preparatory to the declaration of a Suburban Rail Loop project; or

(b) doing, on the Authority's behalf, anything the Authority is authorised to do on that land in carrying out its functions or powers.

(2) Without limiting subsection (1)(a), an authorised person may do any of the following on the land—

(a) undertake geotechnical and site survey work;

(b) undertake archaeological and cultural heritage investigations;

(c) undertake ecological surveys;

(d) undertake flora and fauna surveys and take samples of plants;

(e) undertake utilities surveys;

(f) undertake contamination investigations;

(g) determine site conditions (including undertaking noise monitoring and preparing condition reports);

(h) dig or bore into the land and take samples of soil, rock, ground water or minerals.

(3) The Authority must give to the occupier of the land, and if the occupier is not the owner, the owner of the land—

(a) written notice of intention to enter the land; and

(b) a statement of the principal rights and obligations of the occupier or owner (as the case may be) under this Act—

at least 7 days before the land is entered under subsection (1).

(4) An authorised person may enter land under this section earlier than the expiration of 7 days if the occupier consents to the entry.

(5) The Authority need not give notice in writing under this section in an emergency.

(6) An authorised person must not under this section enter land used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to the entry.

(7) In exercising a power under subsection (1) or (2), an authorised person must—

(a) identify themselves by producing the identity card issued to that person under section 57; and

(b) cause as little harm and inconvenience as possible; and

(c) not stay on the land for any longer than it is reasonably necessary; and

(d) remove from the land anything brought on to the land by the authorised person in the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and

(e) leave the land as nearly as possible in the condition in which the authorised person found it; and