Section 39Part 7 — Supplemental
Powers of entry
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Any person duly authorised in writing by the Authority may, at any reasonable time, enter upon any land —
for the purpose of examining it to determine if there has been any contravention of Part III;
to determine whether any of the powers conferred on the Authority or the Board should be exercised in relation to any land and, if so, the manner in which such power should be exercised;
to ascertain whether there has been compliance with any requirement imposed as a result of the exercise of any such power in relation to any land; or
for the purpose of surveying it or estimating its value in connection with —
the preparation, approval, making or amendment of a development plan relating to the land under Part II, including the carrying out of any survey under that Part;
any application under Part III, or under any order or regulations made thereunder, for any permission, consent or determination to be given or effected in relation to that or any other land under Part III or under any such order or regulations;
any proposal by the Authority to serve or make any notice or order under Part III or under any such order or regulations as aforesaid; or
any claim for compensation payable by the Authority under this Act.
A person authorised under this section to enter upon any land has, for the purpose of performing that person's duties under this Act, all the powers, privileges and immunities of a constable.
A person authorised under this section to enter upon any land shall, if so required, produce evidence of that person's authority before so entering, and shall not demand admission as of right to any land that is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.
A person who wilfully obstructs or fails to comply with a lawful instruction issued by a person acting in the exercise of that person's powers under this section commits an offence and is liable on summary conviction to a fine of one hundred dollars.
Where the land is damaged in the exercise of a power of entry conferred under this section or in the making of any survey for the purpose of which any such power of entry has been so conferred, compensation in respect of that damage may be recovered from the Authority by any person interested in the land.
Any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil.
A person shall not carry out any works authorised by subsection (5) unless notice of that person's intention so to do has been included in the notice required by subsection (2).