New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 58

58 Rights of owners or lessees of affected land

(1) An owner or lessee whose land is affected by an easement for public access:

(a) may erect a fence or gate on the land the subject of the easement if it does not unduly hinder public entry to the land, and

(b) may not erect any structure, other than a fence or gate or a structure of a prescribed type, on the land the subject of the easement without the written consent of the Minister.

(2) Section 158 (removal of unauthorised structures) applies in respect of structures erected on land the subject of an easement for public access in the same way as it applies in respect of structures erected on public land.

(3) An owner or lessee who suffers damage caused by a person using an easement for public access contrary to this Act or the regulations may recover damages from the person.

(4) In this section:
"structure" includes any ditch, canal or other excavation.