Access to lands and buildings

(1) Subject to sub-section (3), any person duly authorized by a licensee may at any reasonable time– (a) enter upon any land to inspect or survey it and to inspect any articles thereon for the purposes of determining whether, and if so in what manner any functions of a licensee are to be performed in relation to such land or articles thereon or whether any statutory provision relating to any such function is being or has been complied with; 50 (b) enter upon any land for the purposes of performing any function of the licensee whether in relation to the land or not; (c) enter any land or building– (i) to inspect the same for the purpose of investigating any defect in the water or sewerage system and of correcting any deficiency or problem in the respective systems; (ii) to ascertain the practicability or expediency of performing any function or exercising any power under this Act; or (iii) to do all such other things as may be incidental to or necessary for the purposes of this Act, without being subject or liable to any action, suit or proceedings, fine, penalty or punishment for or in respect of any such entry upon such land or building. (2) A person authorized under sub-section (1), to enter any land or building may take with him to the land or building in question such other persons and such equipment as may be necessary; and such other persons are not subject or liable to any action, suit or proceedings, fine, penalty or punishment for or in respect of any such entry upon such land or building. (3) Before the exercise of any right of entry under this section, a licensee shall give reasonable notice in writing to the owner or occupier of the land or building in question except in an emergency when it shall be sufficient for notice to be given as soon as possible after the necessity for entry has arisen. 51 (4) Any equipment, property, apparatus or article which exists or is maintained in any building or on any land in contravention of the provisions of this Act or any Regulations made hereunder shall be deemed to be a public nuisance. (5) In the event that the owner, agent, or occupier of any building or land where a nuisance exists, refuses to remove or abate such nuisance after notice in writing from a licensee is given to do so, the licensee may remove or abate the nuisance at the expense of the owner, agent or occupier. (6) A licensee is not exempt from liability for nuisance or other injury done in exercising his powers to enter land, to the land or residence of any person other than the person whose land is entered.