16Power of authorised officers to enter private land, &c.

16 Power of authorised officers to enter private land, &c.

(1)  An authorised officer may –

(a) enter and remain on private land or a waterway located on or adjacent to private land to install or construct a public stormwater system and to carry out investigations in connection with that installation or construction; and

(b) enter and remain on private land or a waterway located on or adjacent to private land, for the purposes of carrying out operational or protective work on land on which a public stormwater system is situated, where that land is identified, on a map maintained in accordance with section 12 , as containing part of the public stormwater system.

(2)  Subject to subsections (3) and (7) , if an authorised officer seeks to enter land under this section, the officer must give the occupier of the land not less than 7 days' written notice stating the reason and the date and time of the proposed entry.

(3)  If the purpose of the authorised officer's entry is only to undertake –

(a) investigations of existing public stormwater systems; or

(b) pre-construction investigations on private land on which the council plans to construct new public stormwater systems –

the officer must –

(c) if the occupier is present at the time of entry, give notice to the occupier before entering the land; or

(d) if the occupier is not present at the time of entry, leave notice that the officer entered the land.

(4)  Subject to subsection (5) , an authorised officer may only exercise a power of entry under this section between the hours of 7 a.m. and 7 p.m. on any day.

(5)  An authorised officer may exercise a power of entry under this section outside the hours referred to in subsection (4) if a general manager determines that the relevant works can be carried out more effectively outside those hours.

(6)  An authorised officer entering land under this section must produce on request an identity card issued under section 20B of the .