Section 66 – Entry to land without a warrant
264.Subsection (1) provides that an authorised person cannot demand entry to land that is occupied unless at least 48 hours’ notice of the intended entry has been given to every occupier of the land. Similarly, subsection (2) provides that an authorised person may not demand to take other people, equipment or material onto land that is occupied, nor can an authorised person demand to leave material on such land, unless at least 48 hours’ notice of the intention to do so has been given to every occupier of the land. A notice must include, where relevant, details of the persons, equipment and material to be taken onto, or left on, the land.
265.If the authorised person seeks entry 48 hours after giving the notice, but an occupier or owner denies the authorised person entry, the authorised person will need to apply for a warrant to enter the land under section 67.
266.An authorised person can, with agreement, enter land without giving prior notice.
267.Subsection (3) disapplies the requirement, in subsections (1) and (2), for the Authority to give at least 48 hours’ notice where the Authority believes that a disused tip is unstable, and the instability poses a threat to human welfare that requires the Authority to enter the land immediately to:
investigate whether operations need to be carried out under Part 3, namely investigations to determine whether the Authority needs to require an owner of land to carry out operations under section 35, or to determine whether the Authority needs to undertake the works itself under section 44, or
to carry out operations on land and consequential works of reinstatement itself under section 44.
268.Where the conditions in subsection (3) are satisfied, an authorised person may demand entry as of right to land which is occupied, without giving notice, and may demand that other persons be permitted to enter the land, and that equipment or material are taken onto, and left on, the land.
269.Subsection (4) provides that an authorised person cannot demand admission as of right to residential land, although an authorised person could enter residential land with the consent of the occupier. If the occupier does not consent, the authorised person may apply for a warrant to enter. The conditions that must be satisfied to obtain a warrant are contained in section 67(3).
270.“Residential land” is defined in subsection (7). Sub-paragraph (a) of the definition captures all dwellings and parts of dwellings, including for example, a flat in a building used for other purposes, such as a caretaker’s flat in a school. Sub-paragraph (c) of the definition captures, for example, communal areas in a block of flats. The Act requires a warrant to enter residential land if the occupier does not consent to entry.
271.Subsection (5) provides that an authorised person can only demand entry to land under section 65 at a reasonable time. The exception to this is where the condition in subsection (3) is met. In such an instance, the Authority may demand entry to land at any time. This recognises that where a disused tip is unstable and immediate entry is required under subsection (3), an authorised person must be able to demand entry.
272.Subsection (6) provides that before entering land, if requested by an owner or occupier, an authorised person must provide evidence of their authorisation and state the purpose of entry. They must leave the land as effectively secured against trespassers as they found it, if they leave the land at a time when no owner or occupier is present.
273.Subsection (7) provides that references to “land” in this section do not include Crown land. “Crown Land” is defined in section 89(2). There are specific provisions governing entry to Crown land at section 70.
