Division 2 Powers of entry of authorised licensed network operators

65A   Interpretation

(1)  In this Division:

authorised agent of an authorised licensed network operator means a person appointed by the operator under section 65F.

(2)  A reference in this Division to the water industry infrastructure of an authorised licensed network operator (however expressed) is a reference to the water industry infrastructure that the operator is authorised to construct, maintain or operate under its network operator’s licence regardless of whether the infrastructure is owned by the operator or any other person.

65B   Entry of land

(1)  An authorised licensed network operator may, by any of its authorised agents, enter any land in accordance with this Division for any one or more of the following purposes:

(a)  to carry out an inspection or maintenance work on any of its water industry infrastructure,

(b)  to carry out necessary repair work on any of its water industry infrastructure,

(c)  to carry out emergency work on any of its water industry infrastructure.

(2)  Except in emergencies, a power of entry may be exercised only during daylight hours.

65C   Notice of entry

(1)  Before an authorised agent of an authorised licensed network operator exercises a power of entry under this Division, the authorised licensed network operator concerned must give the occupier (or, if there is no occupier, the owner) of the land written notice of the intention to enter the land.

(2)  The notice must specify the day on which the authorised agent intends to enter the land and must be given at least 2 days before that day.

(3)  This section does not require notice to be given:

(a)  if entry to the land is made with the consent of the occupier (or, if there is no occupier, the owner) of the land, or

(b)  if entry is required urgently and the case is one in which the authorised licensed network operator has authorised in writing (either generally or in the particular case) entry without notice, or

(c)  if the giving of notice would defeat the purpose for which the power is to be exercised.

65D   Use of force

(1)  Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the authorised licensed network operator concerned in accordance with this section.

(2)  The authority:

(a)  must be in writing, and

(b)  must be given in respect of the particular entry concerned, and

(c)  must specify the circumstances that must exist before force may be used.

65E   Compensation

(1)  An authorised licensed network operator, in exercising its functions under this Division, is to do as little damage as practicable and is, subject to this Division, to compensate all persons who suffer damage by the exercise of the functions.

(2)  Compensation may be made by reinstatement, repair, construction of works or payment.

65F   Certificates of authority to enter land

(1)  An authorised licensed network operator may appoint a person to be an authorised agent of the authorised licensed network operator for the purposes of exercising powers under this Division by issuing the person with a certificate of authority.

(2)  A power of entry under this Division may not be exercised by an authorised agent unless the authorised agent:

(a)  is in possession of a certificate of authority issued by the authorised licensed network operator concerned, and

(b)  produces the certificate when required to do so by the owner or occupier of the land.

(3)  The certificate of authority:

(a)  must state that it is issued under this Act, and

(b)  must give the name of the person to whom it is issued, and

(c)  must describe the nature of the powers conferred and the source of those powers, and

(d)  must state the date (if any) on which it expires, and

(e)  must describe the kind of land to which the power extends, and

(f)  must:

(i)  be under the seal of the authorised licensed network operator concerned, or

(ii)  bear the signature of the principal officer of the authorised licensed network operator concerned or of any other officer of that operator (or an officer belonging to a class of officers of that operator) prescribed by the regulations.

(4)  The Minister may, by written notice given to an authorised licensed network operator, do any or both of the following:

(a)  impose conditions or restrictions on certificates of authority issued under this section by the operator, either generally or in particular cases, including restrictions on the purposes for which and the circumstances in which a power of entry may be exercised,

(b)  issue guidelines to be observed by the operator concerning the issue of certificates of authority under this section.

65G   Entry to residential premises

A power of entry conferred by this Division is not exercisable in relation to such part of a building as is used for residential purposes except:

(a)  with the consent of the occupier (or, if there is no occupier, the owner) of that part of the building, or

(b)  under the authority conferred by a warrant of entry.

65H   Warrants of entry

(1)  An authorised licensed network operator may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 if it is of the opinion that it is necessary for an authorised agent of the authorised licensed network operator to enter any land (including any building used for residential purposes) for the purposes of this Division.

(2)  An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an authorised agent of the authorised licensed network operator named in the warrant to enter the land for the purposes of this Division.

(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.

65I   Other powers of entry unaffected

This Division does not apply to any power of entry that a licensed network operator has apart from this Division (including under any contract, lease or easement).