PART 6

CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

Powers of entry

Powers of entry
93
1
Any person duly authorised in writing by the Department may, at any reasonable time for any of the purposes in subsection (2), enter—
a
land on which a controlled reservoir is situated,
b
land on which a structure or area, which is to be treated by virtue of section 2(2) for the purposes of this Act as a controlled reservoir, is situated,
c
land on which the Department considers there is a structure or area in relation to which the Department is considering making regulations under section 2(3),
d
land on which a structure or area which previously at any time has been a controlled reservoir is situated,
e
neighbouring or other land through which access is required in order to enter any land referred to in paragraphs (a) to (d).
2
The purposes are to carry out an inspection, survey or other operation—
a
to determine whether any provision of this Act applies,
b
for the purpose of assisting the Department in giving a reservoir designation or a review, periodic re-assessment or appeal as regards a reservoir designation,
c
to determine whether a direction under section 26(4)(a) (supervision: direction to carry out visual inspection) has been complied with,
d
to determine—
i
whether a measure directed in an inspection report or a pre-commencement safety recommendation has been taken (whether before or after the giving of an enforcement notice under section 71),
ii
the period to be specified in a notice under that section,
e
to determine whether a measure directed in a safety report has been taken,
f
to determine whether the reservoir manager of a controlled reservoir is complying with the requirements of a preliminary certificate or final certificate,
g
to determine whether the records required by sections 37 or 58 are being maintained,
h
to determine whether any incident is being reported in accordance with regulations under section 56,
i
to determine whether a flood plan is being prepared in accordance with regulations under section 57,
j
for the purposes of section 73 (Department's power to arrange taking of safety measures),
k
to determine what (if any) emergency measures should be taken under section 75, or for any purpose connected with taking such measures,
l
to determine whether a stop notice should be served,
m
to assess whether any offence under this Act may be being, or has been, committed,
n
for the purposes of section 97 (assessment of compensation or reinstatement works).