32Entry on land to read meters or carry out works

32 Entry on land to read meters or carry out works

32 Entry on land to read meters or carry out works

(1) When entry permitted Water NSW may, by its employees and agents, enter and occupy land for any one or more of the following purposes—

(a) to read any of its metering equipment (including metering equipment in respect of which Water NSW has functions because of section 31),

(b) to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that Water NSW considers are necessary or appropriate to any of its works,

(c) to construct new works and, for these purposes, to carry out any work on, below or above the surface of the land,

(d) to ascertain the character and condition of the land to enable Water NSW to operate, repair, replace, maintain, remove, extend, expand, connect, disconnect or improve, or do any other thing to, Water NSW’s systems and services for the purposes of carrying out the terms and conditions of its operating licences,

(e) if pollution of water is occurring in a declared catchment area or in water that is captured, stored, released or supplied by Water NSW—to find the source of the pollution and, for this purpose, to dig up and remove material from the land,

(f) in exercise of any of Water NSW’s functions—

(i) to divert water from, or alter the course of, a stream, and

(ii) to impound or take water on, in or under the surface of the land.

(2) The power conferred by subsection (1) (a) is sufficient authority for an employee or agent to enter and occupy land (except an enclosed part occupied as a separate dwelling) during daylight unless the employee or agent is refused access by the lawful occupier of the land.

(3) Water NSW may remove or use anything dug up or obtained in the exercise of its powers under this section.

(4) Reasonable force may be used to enter land (but not a dwelling-house) under this section.

(5) Giving of notice Water NSW must not exercise the powers conferred by subsection (1) (b), (c), (d), (e) or (f) unless—

(a) reasonable notice in writing of its intention to do so has first been given to the landholder of the land, building or dwelling-house, or