Powers of Entry
A number of statutes give council officers the right to enter
upon land including:
- Local Government Act 1993;
- Swimming Pools Act 1992;
- Environmental Planning and Assessment Act 1979; and
- Protection of the Environment Operations Act 1997.
The powers and limitations under each empowering legislation
vary but the general concepts apply reasonably well across the
board. For concision, we will limit this article to the powers of
entry arising under the Local Government Act 1993.
Powers of Entry under Local Government Act
Under section 191 of the Local Government Act
(LGA), a council employee (or any other authorised
person) may enter any premises for the purpose of enabling a
council to exercise its functions.
