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LOCAL GOVERNMENT ACT 2009 - SECT 143
Entry by a local government worker, with reasonable entry notice, to take materials
143 Entry by a local government worker, with reasonable entry notice, to take
materials
(1) This section applies if, in the circumstances, a local government has no
other reasonably practicable way of obtaining materials other than by removing
the materials from relevant land.
(2)
"Relevant land" means land, other than protected land, that is— (a) within
the local government area; or
(b) if the local government has the written
approval of the Minister, under section 9 (4) (b) (i) , to exercise its powers
outside its local government area—outside its local government area; or
(c)
if the local government may exercise a power in another local government’s
area for the purpose of a joint government activity—within the other
local government’s area.
(3)
"Protected land" is land that is— (a) the site of, or curtilage around, a
home or other structure; or
(b) a court, lawn, park, planted walk or avenue
or yard; or
(c) under cultivation (including a garden, nursery or plantation,
for example); or
(d) a state forest or timber reserve under the Forestry Act
; or
(e) a protected area under the Nature Conservation Act 1992 ; or
(f)
the wet tropics area under the
Wet Tropics World Heritage Protection and Management Act 1993 .
(4) After
giving a reasonable entry notice to the owner and the occupier of the rateable
land, a local government worker may— (a) enter the land without the
permission of the occupier of the land; and
(b) search for materials that the
local government requires to perform its responsibilities; and
(c) remove the
materials from the land.
Example— A local government may remove dirt from
the land for use in mopping up an oil spill on a neighbouring road to prevent
the oil entering a stormwater drain.
(5) However, the local government
worker must, as soon as the local government worker enters the property— (a)
inform any occupier of the property— (i) of the reason for entering the
property; and
(ii) that the local government worker is authorised under this
Act to enter the property without the permission of the occupier; and
(b)
produce his or her identity card for the occupier of the property to inspect.
(6) The local government worker must not search for, or remove materials from,
within 50m of any structure or works on the land (including a home, bridge,
dam or wharf, for example).
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