Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

This section applies if – a responsible manager needs access to adjoining land to carry out routine works but the adjoining landholder – cannot, despite the responsible manager's best endeavours, be contacted; or is, for any reason, incapable of permitting the access; or has, despite the responsible manager's reasonable request, unreasonably refused to permit the access; or has imposed such stringent conditions on the access that the routine works would be unreasonably expensive, time-consuming or difficult to carry out or could not be carried out safely, properly or at all; or a responsible manager is unable to complete routine works because an adjoining landholder has unreasonably withdrawn permission for the responsible manager to access adjoining land.

The responsible manager – may apply to a justice for a warrant to access the land for the purposes of carrying out or, as the case may be, completing the routine works; but must give the adjoining landholder at least 5 clear days' notice of the responsible manager's intention to make the application or, if subsection (1)(a)(i) applies, make a reasonable attempt to give such notice.

The justice may issue the warrant if satisfied on reasonable grounds that – the routine works are necessary for the attainment of the corridor safety and use objectives; and there is no feasible, safe or cost-effective way of carrying out or, as the case may be, completing the routine works except by accessing the adjoining land; and the responsible manager will exercise the right of access responsibly; and the responsible manager has complied with subsection (2)(b).