Broads Authority Act 2009

24 Entry on land

(1) An authorised officer designated in writing for the purpose by the Authority may enter—

(a) any adjacent waters upon which he would have no right of entry otherwise than by virtue of this section; or

(b) any land in the vicinity of the navigation area, or of any adjacent waters, being land which affords access to any vessel in the navigation area or on adjacent waters;

for the purpose of determining whether, and if so in what manner, any of the powers referred to in subsection (2) should be exercised, or of exercising any of those powers.

(2) Subsection (1) applies to the powers of—

(a) section 17 (entry on and inspection of vessels);

(b) section 19 (powers as to unsafe vessels, etc.);

(c) section 20 (removal of unsafe vessels, etc.);

(d) paragraph 12 of Schedule 5 to the 1988 Act

but does not apply to any vessel which is ashore.

(3) Section 173 of, and Schedule 20 to, the 1991 Act shall apply with all necessary modifications to the powers of entry which are conferred by subsection (1) as though for references to the Agency there were substituted references to the Authority.

(4) Except in an emergency an authorised officer shall not exercise the powers of entry of subsection (1) otherwise than with the consent of the relevant person or under the authority of a warrant issued under Schedule 20 to the 1991 Act as that Schedule has effect in accordance with subsection (3).

(5) In subsection (4) “relevant person” means—

(a) in the case of land or adjacent waters belonging to or under the control of a recreational club, an officer of that club;

(b) in the case of land or adjacent waters forming part of a commercial boatyard, the owner of the boatyard; and

(c) in any other case, the occupier of the land or adjacent waters.