Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

In this section – emergency action includes, but is not limited to including, the following:the rounding-up of runaway stock; combating or averting a fire, flood or chemical hazard; the urgent repair of fencing, structures or embankments that have sustained sudden, unforeseen damage; the retrieval of structures or materials that have been dislodged by storm action, illegal interference or other causes; the retrieval of broken down vehicles or agricultural machinery.

An adjoining landholder in relation to adjoining land that is used for manufacturing, processing, or primary production, an employee of such an adjoining landholder, and any person acting on behalf of such an adjoining landholder, may access the corridor and carry out emergency action on the corridor.

A person who accesses a corridor under subsection (1) must – make a reasonable attempt to ensure that the responsible manager is notified, in person, by telephone or by electronic means, of – the actual or estimated time of access and how long the person will remain on the corridor for the purpose of carrying out the emergency action; and where the person will access the corridor; and emergency contact details of the person; and the particulars of the emergency action that is required; and any hazards or risks associated with the emergency action and the emergency to which the emergency action relates; and take account of any safety warnings, or restrictions on the carrying out of the emergency action, given by the responsible manager or a person acting on behalf of the responsible manager, after receiving notice under paragraph (a); and take reasonable steps not to impede the use of the corridor for its designated recreational use, if any, except in so far as may be necessary to enable the emergency action to be taken; and cease to carry out the emergency action on the corridor if instructed to do so by the responsible manager or by a person acting on behalf of the responsible manager; and not knowingly aggravate any existing danger, risk or hazard; and make a reasonable attempt to notify, in person, by telephone or by electronic means, the responsible manager when the emergency action is completed.

If more than one person accesses a corridor in accordance with this section to carry out emergency action, a person is taken to have complied with the requirements of paragraph (a) or (f) in relation to the emergency action if any of the other persons accessing the corridor to carry out the emergency action has complied with paragraph (a) or (f) respectively.

Neither the Crown nor a responsible manager is liable for any loss or damage that a person incurs as a result of accessing, or carrying out emergency action on, a corridor under this section.

If an adjoining landholder, an employee of an adjoining landholder, or a person acting on behalf of an adjoining landholder, who accesses a corridor, or who carries out emergency action on a corridor, causes damage to a corridor or an object or structure on the corridor, the adjoining landholder must – make good the damage; or pay the responsible manager fair compensation for that damage.

Any dispute in relation to the nature or extent of the adjoining landholder's obligation under subsection (6) is to be determined by an arbitral tribunal, within the meaning of the Commercial Arbitration Act 2011, in accordance with that Act.