Division 1(1) For the purposes of this Act, an authorised officer may enter any land.(2) Except in emergencies, the power of entry may be exercised only during daylight hours.
165 Inspections and investigations
For the purposes of this Act, an authorised officer who enters land under any power of entry conferred by this Division:(a) may inspect the land, and(b) may, for the purposes of an inspection, dig up any ground and take such measures as are necessary to ascertain the character and condition of the land and of any building, structure or work that is situated in, on or over the land, and(c) may make surveys and take levels and, for those purposes, may dig trenches, break up the soil and set up any posts, stakes or marks, and(d) may take samples or photographs in connection with any inspection.
(1) Before an authorised officer exercises a power of entry under this Division, the roads authority must give the owner or occupier of the land written notice of the intention to enter the land.(2) The notice must specify the day on which the authorised officer intends to enter the land and must be given 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 owner or occupier of the land, or(b) if entry is required in an emergency.
(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 roads authority 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 which are required to exist before force may be used.
168 Notification of use of force or urgent entry
(1) An authorised officer:(a) who uses force for the purpose of gaining entry to the land, or(b) who enters land in an emergency without giving written notice to the owner or occupier,must promptly advise the roads authority of that fact.(2) The roads authority must give notice of the entry to such persons or authorities as appear to the roads authority to be appropriate in the circumstances.
(1) In the exercise of a function under this Division, an authorised officer must do as little damage as possible.(2) The roads authority must provide, if necessary, other means of access in place of any taken away or interrupted by an authorised officer.(3) As far as practicable, entry on to fenced land is to be made through an existing opening in the enclosing fence or, if entry by that means is not practicable, through a new opening in the enclosing fence.(4) Any new opening is to be properly closed when the need for entry ceases.(5) If, in the exercise of a function under this Division, any pit, trench, hole or bore is made, the roads authority must, if the owner or occupier of the premises so requires:(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.
170 Recovery of cost of entry and inspection
If an authorised officer enters any land for the purpose of making an inspection and, as a result of that inspection, the roads authority requires any work to be carried out on the land, the roads authority may recover the reasonable costs of the entry and inspection from the owner or occupier of the land.
A roads authority must pay compensation to the owner of the land for any loss or damage arising from the exercise of any power under this Division by an authorised officer, but is not so liable to the extent to which the loss or damage arises from work done for the purpose of an inspection which reveals that there has been a contravention by the owner of this or any other Act.
(1) A power of entry may not be exercised unless the authorised officer:(a) is in possession of a certificate of authority issued by the appropriate roads authority, and(b) produces the certificate when required to do so by the owner or occupier of the land.(2) 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 the 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 be under the seal of the roads authority or must bear the signature of the general manager or other principal officer of the roads authority or the signature of another officer of the authority of a class prescribed by the regulations.
173 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 being used for residential purposes except:(a) with the permission of the occupier of that part of the premises, or(b) under the authority conferred by a warrant of entry.
(1) A roads authority may apply to an authorised justice if the roads authority is of the opinion that it is necessary for the authority to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.(2) An authorised justice 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 officer named in the warrant to enter and inspect the land for the purposes of this Act.(3) Part 3 of the Search Warrants Act 1985 applies to a warrant of entry issued under this section in the same way as it applies to a search warrant issued under that Act.(4) In this section, authorised justice has the same meaning as it has in the Search Warrants Act 1985.