Queensland Consolidated Acts

COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 134

134 Power to enter land

(1) An authorised person may enter land at any reasonable time to—

(a) inspect or survey the land or works on the land; or

(b) dig and bore into the land to find out the nature of the soil; or

(c) do everything necessary for paragraphs (a) and (b) , including, for example—

(i) measuring, photographing or filming anything on the land; or

(ii) taking samples of or from anything on the land.

(2) The power to enter land includes power to—

(a) re-enter the land; and

(b) remain on the land for the time that is reasonable and necessary for the purpose of the entry; and

(c) take assistants, vehicles, materials, equipment or things that are reasonable and necessary for the purpose of the entry.

(3) Before entering land, the authorised person must—

(a) obtain the agreement of the occupier or, if there is no occupier, the owner of the land; or

(b) give at least 7 days notice to the person mentioned in paragraph (a) of—

(i) the authorised person’s intention to enter the land; and

(ii) the reason for entering the land; and

(iii) the day and time when the authorised person proposes to enter the land.

(4) However, subsection (3) does not apply if, because of urgent circumstances, entry is required to take action to protect the coastal zone.

(5) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.

(6) This section does not authorise the entry of a structure, or part of a structure, used for residential purposes.

(7) In this section—

"occupier" , of land, includes a person who reasonably appears to be the occupier, or in charge, of the land.