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LOCAL LAND SERVICES ACT 2013 - SECT 202 Entry on land for construction of works and other purposes

LOCAL LAND SERVICES ACT 2013 - SECT 202

Entry on land for construction of works and other purposes

202 Entry on land for construction of works and other purposes

(1) In this section--


"construct" includes repair or maintain.


"work" includes any building or structure.
(2) Local Land Services may, by its staff and other persons, enter and inspect any land (other than a dwelling) for the purpose of exercising the following functions, and there construct any work that it is required or authorised by or under this Act to construct on the land--
(a) functions relating to natural resource management,
(b) any other functions prescribed by the regulations.
(3) A person must not, without reasonable excuse, obstruct or hinder Local Land Services acting under this section.
: Maximum penalty--10 penalty units.
(4) In relation to land entered or works constructed, Local Land Services--
(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 Authorities Act 2003 relating to catchment management authorities under that Act (which are replaced by Local Land Services under this Act).