Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 68

    (1)     The authority must ensure, as far as possible, that a continuous program for the assessment of water resources of the Territory is carried out.

    (2)     For this part, the authority may—

        (a)     construct, repair, alter or remove gauging, recording and monitoring stations or drill bores; and

        (b)     systematically gauge stream flow, record climate data and monitor ground water levels; and

        (c)     operate or maintain gauging, recording and monitoring stations; and

        (d)     carry out investigations to determine the existence, location and nature of bores and water structures; and

        (e)     monitor bores and water structures; and

        (f)     sample and analyse water.

    (3)     The authority may, at all reasonable times, enter land to take measures and carry out work that is reasonably required for the purpose of doing something mentioned in subsection (2) and with the people and equipment that is reasonably required.

Note     The Criminal Code, s 361 and s 363 contain offences for obstructing Territory public officials.

    (4)     However, the authority must not enter land to do work mentioned in subsection (2) (a) unless, at least 14 days before the entry day, the authority gave the owner or occupier of the land written notice (a  works notice ) of—

        (a)     the land proposed to be entered; and

        (b)     the work proposed to be done; and

        (c)     any vehicle, plant or machinery proposed to be used to carry out the work.

    (5)     The authority may, at all reasonable times, enter land on which work mentioned in a works notice is being, or has been, done for the purpose of doing something mentioned in subsection (2) (b), (c), (d), (e) or (f) and with the people and equipment that is reasonably required.

    (6)     This section does not authorise entry into a part of premises that is being used for residential purposes other than with the occupier's consent.

    (7)     A person who enters land under this section is not authorised to remain on the land if, on request by the occupier of the land, the person does not produce—

        (a)     for an authorised officer—the officer's identity card; or

        (b)     in any other case—a certificate signed by the authority for this section that the person is authorised to carry out an activity mentioned in the certificate.