Planning, Development and Infrastructure Act 2016

This section applies if a person reasonably requires access to a part of a building (including a building under construction) or an allotment (a relevant place) from an adjoining allotment in order to carry out—

an inspection for the purposes of proposed development with respect to the relevant place (including in order to make an application under this Act with respect to the proposed development); or

any building work with respect to the relevant place; or

any other prescribed activity.

In a case where this section applies, the person seeking access to the adjoining allotment may serve notice requesting that he or she be given access on the owner of the adjoining allotment.

The notice must be in the prescribed form and must—

state the reason for which access is sought; and

propose a time at which, or a period for which, access is sought; and

provide information about—

who would be entering the adjoining allotment if access were to be provided; and

what they would bring with them; and

what activity or work would be carried out; and

set out any other information required by the regulations.

If a person who is served with a notice under subsection (2)—

does not respond to the notice within the prescribed period; or

responds to the notice by—

refusing access; or

proposing alternative arrangements for access that are considered to be unreasonable, the person seeking access may apply to the Court for an authorisation to gain access under this section.

On an application under subsection (4), the Court may, if it considers it reasonable to do so, issue an authorisation permitting access on a specified basis, and on specified conditions (if any), set out in the authorisation.

A person to whom an authorisation is granted under subsection (4) must take steps to serve a copy of the authorisation on the owner of the adjoining allotment in accordance with the regulations.

A person must not, without reasonable excuse, fail to comply with an authorisation issued by the Court under this section.

Maximum penalty: $5 000.

A person must not, without reasonable excuse, hinder or obstruct a person exercising a power conferred by an authorisation issued by the Court under this section.

Maximum penalty: $5 000.

A person must, in exercising a power to enter land under this section, insofar as is reasonably practicable, minimise disturbance to the land.

A person who exercises a power to enter land under this section is liable to pay reasonable compensation on account of any loss or damage caused by the exercise of the power.

This section does not limit the ability of a person to gain access to land under an agreement with the owner or occupier of the land.

This section does not limit the operation of section 139.