Commentary on Sections Overview of Part 4 Section 67 – Warrant to enter land
274.Subsection (1) provides that a justice of the peace may issue a warrant conferring a power to enter land, if necessary, by force. For example, the Authority may apply for a warrant where, after the expiry of the 48-hour notice period under section 66(1), an occupier refuses to allow an authorised person access to land. Similarly, the Authority will need to apply for a warrant if an occupier refuses entry to land where the conditions for immediate entry without notice (as set out in section 66(3)) are met.
275.Subsection (2) provides a justice of the peace must be satisfied that there are reasonable grounds for entering land for a purpose mentioned in section 65(1) and that one or more of the conditions in subsection (3) are met.
276.Subsection (5) provides that a justice of the peace may also allow, where it is considered necessary, an authorised person to take other persons, equipment or material onto land or to leave equipment or material on the land. The warrant will include the power for the authorised person to do this, and where this is the case, must include details of the persons, equipment or material.
277.Subsection (7) provides that a warrant remains in force until the purpose for which it was granted has been fulfilled. If, for example, the warrant was issued to allow an authorised person to enter land to carry out specified operations on a disused tip, the warrant remains in force until those operations have been completed.
278.Subsection (8) clarifies that references to “land” in this section do not include Crown land. “Crown Land” is defined in section 89(2). There are specific provisions governing entry to Crown land at section 70. “Residential land” has the meaning given in section 66(7).