Access by agreement
234 Access by agreement
An owner of land who seeks access for drainage, water supply or salinity mitigation purposes over land owned by another person may give notice to—
the other owner; and
to the occupier of the land over which access is sought, if the owner is not the occupier.
Once notice has been given, the owner giving notice must try to arrange that access by agreement with the other owner.
An agreement must—
specify any compensation agreed to; and
clearly describe the access agreed to; and
be accompanied by a map of the land which shows the location and measurements of the proposed works.
S. 234(4) inserted by No. 62/1995 s. 33(3).
An agreement made between the owner of one or more parcels of land and another owner must specify each parcel of land over, or in favour of, which the right of access is created.
S. 234(5) inserted by No. 62/1995 s. 33(3).
An owner of more than one parcel of land who wishes to create a right of access over one parcel in favour of another parcel may declare in writing in the form approved by the Minister that such right of access has been created.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.