New South Wales Consolidated Acts

CATCHMENT MANAGEMENT AUTHORITIES ACT 2003 - SECT 36

36 Entry on land for inspections and construction of works

(1) In this section:
"construct" includes repair or maintain.
"work" includes any building or structure.

(2) An authority may, by its employees and other persons, enter and inspect any land (other than a dwelling) for the purpose of exercising its functions, and there construct any work in its annual implementation program that it is authorised to construct on the land.

(3) A person must not, without reasonable excuse, obstruct or hinder the authority acting under this section.

Maximum penalty: 10 penalty units.

(4) In relation to land entered or works constructed, an authority:

(a) is to do as little damage as possible in exercising its functions under this section, and

(b) is to compensate all persons who suffer damage by the exercise of those functions.

(5) Compensation may be made by reinstatement or repair, by construction of works or by payment.

(6) A claim for compensation:

(a) is ineffective unless made in writing not later than one year after the damage was suffered, and

(b) in the absence of agreement on the compensation, is to be dealt with as if it were a claim for compensation for the compulsory acquisition of land under this Act.

Note: This section continues entry and construction powers under the Catchment Management Act 1989 relating to catchment management trusts (which are replaced by catchment management authorities under this Act).