Entry on land for construction of works and other purposes
202 Entry on land for construction of works and other purposes
In this section—
construct includes repair or maintain.
work includes any building or structure.
Local Land Services may, by its staff and other persons, enter and inspect any land (other than a dwelling) for the purpose of exercising the following functions, and there construct any work that it is required or authorised by or under this Act to construct on the land—
functions relating to natural resource management,
any other functions prescribed by the regulations.
A person must not, without reasonable excuse, obstruct or hinder Local Land Services acting under this section.
Maximum penalty—10 penalty units.
In relation to land entered or works constructed, Local Land Services—
is to do as little damage as possible in exercising its functions under this section, and
is to compensate all persons who suffer damage by the exercise of those functions.
Compensation may be made by reinstatement or repair, by construction of works or by payment.
A claim for compensation—
is ineffective unless made in writing not later than one year after the damage was suffered, and
in the absence of agreement on the compensation, is to be dealt with as if it were a claim for compensation for the compulsory acquisition of land under this Act.
Note.
This section continues entry and construction powers under the Catchment Management Authorities Act 2003 relating to catchment management authorities under that Act (which are replaced by Local Land Services under this Act).
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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