Section 66: Entry and inspection of premises

66. Entry and inspection of premises (1) For the purpose of enabling a permit authority or the Commission to exercise its functions under this Act, the permit authority may authorise a person in writing to enter such land or premises as it may specify. (2) The authorised officer may enter any land, except residential premises, at reasonable hours, after having given the owner thereof 24 hours’ notice of his intention to enter the land. (3) Subject to subsection (4), no authorised officer shall enter any residential premises unless— (a) he has given to the owner or occupier of the residential premises 24 hours’ notice in writing of his proposed entry; and [Issue 5] P11 – 44 Revised Laws of Mauritius (b) he has obtained the consent of the owner or occupier of the residential premises. (4) (a) Where the owner or occupier of residential premises refuses to give his consent to entry by the authorised officer, the authorised officer may apply to the Magistrate for a warrant authorising him to enter those premises. (b) The Magistrate, upon being satisfied that the authorised officer should enter the residential premises and exercise the powers conferred upon him under this section, issue a warrant authorising the authorised officer to enter the said residential premises and exercise those powers. (5) Any person authorised to enter land under subsection (1) may— (a) inspect the land and carry out such examination of the land and any article or matter found on the land; (b) establish any contravention of this Act or any planning instrument; (c) take samples or photographs in connection with the inspection of the land; or (d) require any person at the premises to furnish information relating to the matter, the subject of the inspection. (6) Reasonable force may be used for the purpose of gaining entry to any land or premises under a power conferred under subsection (1) but only if such force is specifically authorised in writing by the permit authority or Commission under that subsection before the entry occurs. (7) A person authorised to enter land under subsection (1) or (4) may not do so unless he is in possession of the authorisation or warrant and produces it to the owner of the land on request. (S. 66 not in operation.)