This is the original version (as it was originally enacted).
(1)An authorised officer of a local authority, on producing (if required to do so), a duly authenticated document of authority, has a right at all reasonable hours to enter any land which is a regulated site or in respect of which an application for a site licence has been made for the purpose of—
(a)enabling the local authority to determine what conditions should be imposed on a site licence or whether the conditions of a site licence should be varied,
(b)ascertaining whether there is, or has been, on or in connection with the land, any contravention of the provisions of this Part,
(c)ascertaining whether or not circumstances exist which would authorise the local authority to take any action, or execute any work, under this Part, or
(d)taking any action, or executing any work, authorised by this Part to be taken or executed by the local authority.
(2)But entry to any land must not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the owner.
(3)If it is shown to the satisfaction of a justice of the peace—
(a)that any of the following sub-paragraphs apply—
(i)entry to any land has been refused,
(ii)refusal is apprehended,
(iii)the owner of the land is temporarily absent and the case is one of urgency,
(iv)an application for entry would defeat the object of the entry, and
(b)that there is reasonable ground for entering the land for any purpose mentioned in subsection (1),
the justice of the peace may by warrant authorise the local authority by any authorised officer to enter the land, if need be by force.
(4)But a warrant must not be issued unless the justice of the peace is satisfied—
(a)that notice of the intention to apply for the warrant has been given to the owner,
(b)that the owner is temporarily absent and the case is one of urgency, or
(c)that the giving of notice would defeat the object of the entry.
(5)An authorised officer entering any land by virtue of this section, or of a warrant issued under it, may be accompanied by such other persons as may be necessary.
(6)Every warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied.
(7)A person who intentionally obstructs any person acting in the execution of this section, or of a warrant under this section, commits an offence.
(8)A person who is guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.
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