PART 4

SUPPLEMENTARY

Powers of entry

Entry to Crown land
70
1
An authorised person may not enter Crown land under section 65 unless—
a
the appropriate Crown authority has given the authorised person permission to do so, or
b
the Authority believes—
i
that a disused tip is unstable, and
ii
that the tip’s instability poses a threat to human welfare that requires immediate entry to the land for a purpose mentioned in section 65(1)(c) or (e).
2
In the circumstances mentioned in subsection (1)(b), the authorised person may—
a
demand admission as of right to the land, and
b
demand as of right—
i
to take other persons, equipment or material onto the land, and
ii
to leave equipment or material on the land.
3
But the authorised person may not demand admission as of right to any part of Crown land that is residential land.
4
If an authorised person enters Crown land in the circumstances mentioned in subsection (1)(b) without the permission of the appropriate Crown authority, the Authority must inform the appropriate Crown authority as soon as reasonably practicable.
5
An authorised person must—
a
if requested to do so by or on behalf of an owner or occupier of Crown land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land under section 65;
b
if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.
6
In this section, “residential land” has the same meaning as in section 66(7).
S. 70 not in force at Royal Assent, see s. 92(3)