New South Wales Consolidated Acts

VERY FAST TRAIN (ROUTE INVESTIGATION) ACT 1989 - SECT 13

13 Rights conferred by permits

(1) Subject to its conditions, a permit authorises the holder of the permit, and any other persons authorised by the holder in accordance with the conditions of the permit, to enter the area of land to which it applies for the time being and:

(a) to undertake on that land such surveys, examinations and tests (including the drilling of bore holes, the sinking of shafts and the cutting of trenches), to take from that land such samples for examination and to carry out on that land such investigations, as the holder of the permit considers necessary for the purpose of ascertaining the suitability of the land:

(i) as a route for a very fast train, or

(ii) as a site for any structure or work the use of which may be incidental to the operation of a very fast train, or

(iii) as a means of access to any such route or site, or

(b) to use that land as a means of access to other land specified in the permit so that activities of the kind described in paragraph (a) may be carried out on the other land.

(2) A person is not authorised by a permit:

(a) to enter a dwelling or the curtilage of a dwelling, or

(b) to enter any land, unless written notice of the person’s intention to enter the land has been given in accordance with this section in a form approved by the Minister.

(3) A notice under this section must be served personally or by post on the owner and each occupier of the land at least 7 days before the land is first entered under the authority of the permit concerned.

(4) Service on the owner of the land may be effected by serving the notice on any person who, according to the records of the local council or any other statutory authority, is liable for a rate or other charge that is or may become a charge on the land.

(5) If, after reasonable inquiry, the land appears to be unoccupied, service on occupiers of the land may be effected by causing a copy of the notice to be displayed:

(a) on each gate providing access to the land, or

(b) if there is no such gate, in a prominent position on the boundary of the land nearest to a public road,

for at least 7 days before the land is first entered under the authority of the permit concerned.

(6) In the case of land in which there are native title rights and interests but in respect of which there is no approved determination of native title (within the meaning of the Native Title Act 1993 of the Commonwealth), the notice is to be served in accordance with section 103 of the Native Title (New South Wales) Act 1994 at least 7 days before the land is first entered under the authority of the permit concerned.