284.This section governs the authorised person’s power to enter Crown land. “Crown land” is defined at section 89(2).
285.In accordance with subsection (1), an authorised person cannot enter Crown land (a) unless they have permission from the appropriate Crown authority or (b) the Authority believes a disused tip is unstable and the tip’s instability poses a threat to human welfare that requires immediate entry to the land, either to investigate whether operations need to be required or carried out under Part 3 or to carry out operations under section 44. Therefore, in practical terms, entry to Crown land without consent will only be possible in circumstances where the Authority believes there is an immediate need to gain entry. This should be a rare occurrence. For example, an authorised person may need to enter Crown land without permission for the purpose of carrying out works to stabilise a disused tip if the Authority believes a tip is unstable and there is an immediate risk of a landslide that would pose a threat to human welfare. The disused tip need not be on Crown land: the authorised person might simply need to cross Crown land to gain access to the disused tip.
286.Where the Authority is of the belief, in accordance with the circumstances set out in subsection (1)(b), that immediate entry to the land is required, the authorised person may demand entry to the land and demand to take other persons, equipment or material onto the land and to leave equipment or material on the land.
287.Subsection (3) provides that the authorised person may not demand entry to any part of the Crown land that is residential land. Residential land is defined in section 66(7). Therefore, an authorised person may only enter Crown land that meets the definition of residential land with the appropriate consent.
288.Subsection (4) provides that if an authorised person enters Crown land without consent from the appropriate Crown authority because the circumstances in subsection (1)(b) apply, the Authority must inform the appropriate Crown authority as soon as reasonably practicable.
289.Subsection (5)(a) provides that if requested to do so by or on behalf of an owner or occupier of Crown land, an authorised person must provide evidence of their authorisation and state the purpose of entry before entering the land under section 64. If an authorised person leaves the land at a time when no owner or occupier is present, subsection (5)(b) places a duty on them to leave the land as effectively secured against trespassers as they found it.
Commentary on Sections Overview of Part 4 Section 70 – Entry to Crown land