(1) Notwithstanding
that, by reason of section 71(1), a notice would not have been required to
have been given where entry was required for the purpose of routine inspection
or routine maintenance, where the Minister intends to exercise any of the
powers conferred by this Part or section 83 and the purpose of entry is to
carry out works that may affect the land, notice in writing of that intention
shall, where practicable, be given by the Minister to the owner or occupier of
the land, premises or thing to be affected not less than 48 hours before the
power is to be exercised, save where this Act or a relevant Act otherwise
provides.
(2) Where the Minister
enters onto any land, premises, or thing without prior notice, whether or not
such notice was required under this or any other Act, for the purpose of
exercising any power of the Minister to carry out works thereon then, wherever
practicable, as soon as may be thereafter notice in writing of the entry and
of the works carried out, and of any further intention of the Minister
relating thereto, shall be given to the owner or occupier of the land
affected.
(3) Where the owner of
any unoccupied land, premises or thing is not within the State, or for any
other sufficient reason it is not possible to give to any person, body or
authority the notice required by this Act, then for the purposes of this Act
the notice shall be deemed to have been given if it has been affixed or
displayed on or over a conspicuous part of the land, premises or thing
concerned and left so affixed or displayed for at least 48 hours.
(4) The Minister may
without prior notice enter on any street under the control of a local
government or department and there exercise the powers conferred by
section 83, but, except where entry is effected pursuant to section 73, notice
pursuant to section 100 shall be given by the Minister to the local government
or department concerned where that section applies.
(5) A notice served
pursuant to this Act for the purpose only of the exercise of the power of
entry shall not be taken to have effect as a notice in relation to the taking
of any land under Part 9 of the Land Administration Act 1997 .
(6) Where it is shown
to the satisfaction of a justice that entry on or into any land, premises or
thing is reasonably required by the Minister for the purpose of the exercise
of a power conferred by this Act or a relevant Act but that entry has been
refused or the entry is opposed or prevented, or in any case where such land,
premises or thing is unoccupied and access cannot be obtained or a notice
required by this Act or a relevant Act cannot be served without undue delay or
difficulty, the justice may, by warrant in the form prescribed by regulations
made under this Act, authorise an officer of the Department, together with
such other persons as are named in the warrant, or any police officer, to
enter upon the land, premises or thing, using such force as may be necessary,
for the purpose therein specified and any such warrant shall continue to have
effect until the purpose for which it was granted has been satisfied.
(7) Where in the
opinion of the Minister circumstances have arisen that may occasion undue
delay in effecting entry on or into any land, premises or thing or in the
carrying out of any works but the provisions of subsection (6) are not
appropriate to the circumstances, the Minister may apply to the Supreme Court
ex parte by notice of motion, notwithstanding that no cause or matter between
the parties is before the Court or that no previous notice has been given to
any party affected thereby, for the grant of an injunction prohibiting the
persons therein specified from opposing or preventing the exercise by the
Minister of the Minister’s powers, or for an order directing the
Minister as to the exercise of powers conferred by this Act or a relevant Act
in the circumstances specified in that order, or for both such an injunction
and such an order.
[Section 72 inserted: No. 25 of 1985 s. 17;
amended: No. 73 of 1995 s. 42; No. 14 of 1996 s. 4; No. 31 of 1997 s. 137(5);
No. 38 of 2007 s. 116 and 135; No. 25 of 2012 s. 89 and 109.]