165JEntry, surveillance, testing, &c.

165J Entry, surveillance, testing, &c.

(1)  In this section, a reference to land comprising a dam includes a reference to the water or other material impounded by the dam.

(2)  The Minister may, in writing, authorise a person to carry out a surveillance of any dam for the purposes of this Part.

(3)  A person authorised under subsection (2) may enter on any land or any place on any land comprising any dam or the environs over, under or surrounding any dam and may –

(a) carry out such surveillance, tests, investigations, surveys, experiments, boring, drilling and exploration; and

(b) take such samples and such photographs –

as the person considers necessary in connection with the administration of this Part.

(4)  A person authorised under subsection (2) must not exercise any of the powers conferred by subsection (3) in respect of any land or any place on any land unless –

(a) reasonable notice has been given to the owner or occupier of the land or place of the intention to exercise those powers; or

(b) the person believes, on reasonable grounds, that the circumstances require immediate action to be taken.

(5)  In the exercise of a power conferred by subsection (3)  –

(a) the person must ensure that no more damage than is necessary in the circumstances is done; and

(b) the Minister must fully compensate any person who sustains damage in the course of the exercise of that power.

(6)  A person authorised under subsection (2) , in exercising a power conferred by subsection (3) in the case of any land or any place on any land, must, if so required by a person apparently in charge of that land or place, produce the instrument of his or her authority to that person.

(7)  A person who contravenes subsection (6) is guilty of an offence and is liable on summary conviction to a fine not exceeding 3 penalty units.