LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 74 Powers of entry

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 74

    (1)     For the purposes of the special Act, the Authority or any person authorized in writing to that effect by the Authority, may—

        (a)     enter and remain upon any land with any assistants, vehicles, machinery or equipment; and

        (b)     affix or establish any trigonometrical stations, survey pegs, marks or poles on the land and from time to time alter, remove or reinstate them; and

        (c)     dig or bore into the land and take samples of soil, rock, ground water or minerals.

    (2)     The Authority must serve upon the occupier of the land, and if the occupier is not the owner, upon the owner of the land—

        (a)     a notice of intention to enter the land; and

        (b)     a statement in the prescribed form setting out the rights and obligations of the occupier and owner (as the case may be) under this Act—

at least seven days before the land is entered pursuant to subsection (1).

    (3)     A person who—

        (a)     wilfully and without authorization from the Authority, interferes with any trigonometrical station, survey pegs, marks or poles; or

        (b)     wilfully obstructs any person acting in accordance with this section—

is guilty of an offence.

Penalty:     5 penalty units.