sec.36Power to enter places for restricted purposes

### sec.36 Power to enter places for restricted purposes An authorised person may enter a place to— inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or install, under section 169 , a device to reduce the water supply to premises at the place; or if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir. However, the authorised person may enter the place at any reasonable time only if— the occupier consents to the entry; or the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or for entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place. Subsection (2) does not apply to an authorised person entering public land under subsection (1) (c) if there is no person in actual occupation of the land. After entering the place, the authorised person may carry out the activity that is the purpose of the entry. If an authorised person enters a place under subsection (2) (c) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry. If there is no person at the place at the time of the entry under subsection (2) (b) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way. This section does not limit section 37 . In this section— public land means land that is under the management or control of— the State; or a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . s 36 amd 2014 No. 16 s 54 ; 2015 No. 4 s 86 ; 2017 No. 11 s 6 (sec.36-ssec.1) An authorised person may enter a place to— inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or install, under section 169 , a device to reduce the water supply to premises at the place; or if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir. (sec.36-ssec.2) However, the authorised person may enter the place at any reasonable time only if— the occupier consents to the entry; or the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or for entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place. (sec.36-ssec.3) Subsection (2) does not apply to an authorised person entering public land under subsection (1) (c) if there is no person in actual occupation of the land. (sec.36-ssec.4) After entering the place, the authorised person may carry out the activity that is the purpose of the entry. (sec.36-ssec.5) If an authorised person enters a place under subsection (2) (c) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry. (sec.36-ssec.6) If there is no person at the place at the time of the entry under subsection (2) (b) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way. (sec.36-ssec.7) This section does not limit section 37 . (sec.36-ssec.8) In this section— public land means land that is under the management or control of— the State; or a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . - (a) inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or - (b) install, under section 169 , a device to reduce the water supply to premises at the place; or - (c) if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir. - (a) the occupier consents to the entry; or - (b) the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or - (c) for entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place. - (a) the State; or - (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .