(b) it is not reasonably practicable to temporarily close
the road to traffic while the roadworks are conducted.
(2) The
local government may make a temporary road, through land that adjoins the
road, to be used while the road is being remade or repaired.
(3) However, a
local government employee or contractor may enter the land only if—
(a) the
owner or occupier of the land has agreed, in writing, that the
local government employee or contractor may enter the land; or
(b) the
local government has given the owner or occupier of the land at least 3 days
notice that states—
(i) the nature of the roadworks that are to be
conducted; and
(ii) the proposed route of the temporary road; and
(iii) an
approximate period when the temporary road is expected to remain on the land.
(4) Subsection (3) does not apply if the roadworks must be urgently conducted,
but the local government must give the owner or occupier of the land oral
notice of the matters mentioned in subsection (3) (b) .
(5) The owner of the
land may give the chief executive officer a notice that claims compensation
for physical damage caused by the local government entering, occupying or
using the land under this section.
(6) Compensation is not payable unless the
chief executive officer receives the claim—
(a) within 1 year after the
occupation or use has ended; or
(b) at a later time allowed by the chief
executive officer.
(7) The compensation equals—
(a) the amount agreed
between the person and local government; or
(b) if the person and
local government can not agree, the amount that is decided by a court.
(8)
However, the compensation must not be more than the compensation that would
have been awarded if the land had been acquired.
