Warrant in relation to line of sight
79 Warrant in relation to line of sight
A warrant issued under section 78(6) may be issued on the conditions, if any, that the justice considers appropriate.
Without limiting the generality of subsection (1), the conditions may – require the responsible manager to meet specified notification or other requirements before exercising the right of access; and provide for the adjoining land to be fenced or otherwise secured so as to maintain the adjoining landholder's level of protection as regards trespass and, if applicable, loss of stock.
The warrant authorises the responsible manager and persons acting on behalf of the responsible manager to – access the adjoining land; and causing as little damage and disruption as possible, clear the obstruction specified in the warrant in the way specified in the warrant.
In effecting the access and clearing the obstruction, the responsible manager, and persons acting on behalf of the responsible manager, must, whether or not they are mentioned in the warrant, comply with all protective protocols of which the responsible manager or person has notice.
The person in charge of executing the warrant must produce it for inspection if asked to do so by the adjoining landholder.
The warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.
The date specified in the warrant pursuant to subsection (6) is to be a date no later than 3 months after the warrant is issued.
Any costs reasonably incurred by the responsible manager in clearing the obstruction pursuant to the warrant are recoverable as a debt due to the responsible manager from the adjoining landholder.
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