sec.30Power to enter places

### sec.30 Power to enter places An authorised officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the place is— the subject of— a development approval; or a lease, licence or permit under the Land Act 1994 ; or a stop work notice or restoration notice; or an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and entered during daylight hours; or the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or the entry is under section 30A or is authorised by a warrant. For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. Subsection (1) (c) does not apply to a part of a place where a person resides. s 30 amd 2003 No. 10 s 60 ; 2004 No. 1 ss 16 , 44 (1) sch 1 ; 2009 No. 43 ss 30 , 63 sch amdts 9–10 (retro), 63 sch amdt 11; 2010 No. 52 s 48 ; 2013 No. 24 s 51 ; 2018 No. 7 s 20 (sec.30-ssec.1) An authorised officer may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the place is— the subject of— a development approval; or a lease, licence or permit under the Land Act 1994 ; or a stop work notice or restoration notice; or an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and entered during daylight hours; or the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or the entry is under section 30A or is authorised by a warrant. (sec.30-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.30-ssec.3) Subsection (1) (c) does not apply to a part of a place where a person resides. - (a) an occupier of the place consents to the entry; or - (b) it is a public place and the entry is made when it is open to the public; or - (c) the place is— (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and (ii) entered during daylight hours; or - (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and - (A) a development approval; or - (B) a lease, licence or permit under the Land Act 1994 ; or - (C) a stop work notice or restoration notice; or - (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or - (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or - (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and - (ii) entered during daylight hours; or - (d) the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or - (e) the entry is under section 30A or is authorised by a warrant. - (i) the subject of— (A) a development approval; or (B) a lease, licence or permit under the Land Act 1994 ; or (C) a stop work notice or restoration notice; or (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and - (A) a development approval; or - (B) a lease, licence or permit under the Land Act 1994 ; or - (C) a stop work notice or restoration notice; or - (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or - (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or - (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and - (ii) entered during daylight hours; or - (A) a development approval; or - (B) a lease, licence or permit under the Land Act 1994 ; or - (C) a stop work notice or restoration notice; or - (D) an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or - (E) an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or - (F) a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and - (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or - (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.