Land Act 1994

A person to whom an improvements notice is given (the recipient) must comply with the notice.

Note—See section 156C for the consequences of failing to comply with the notice.

For taking action to comply with the improvements notice, the recipient, or another person (the contractor) taking the action for the recipient, may enter the land to which the notice applies only—

with the consent of the Minister; or

if the recipient or contractor has given the Minister a notice about the proposed entry at least 5 business days before the entry.

The notice under subsection (2)(b) must inform the Minister about—

the intention to enter the land; and

the purpose of the entry; and

the days and times the entry is to be made.

In taking the action, the recipient or contractor must take all reasonable steps to ensure the recipient or contractor does as little damage as is practicable in the circumstances.

If a person incurs loss or damage because of action taken by the recipient or contractor, the person is entitled to be paid by the recipient or contractor the reasonable compensation because of the loss or damage that is—

agreed between the recipient or contractor and the person; or

failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed.

The court may make an order about costs it considers just.