TRANSPORT INTEGRATION ACT 2010 - SECT 37 Powers to enter land for investigative purposes

TRANSPORT INTEGRATION ACT 2010 - SECT 37

    (1)     The Secretary may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.

    (2)     The Secretary may exercise the powers conferred by this section on the Secretary by any person who is authorised in writing by the Secretary to do so.

    (3)     The Secretary must not exercise a power under this section unless—

        (a)     the Secretary has given 7 days notice in writing to the occupier of the land that is to be entered; or

        (b)     the occupier of the land consents to entry to the land; or

        (c)     immediate entry is necessary because of an emergency.

    (4)     A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a different time.

    (5)     In exercising powers under this section, the Secretary must—

        (a)     cause as little harm and inconvenience as possible;

        (b)     stay on the land only for as long as is reasonably necessary to exercise the power;

        (c)     remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;

S. 37(5)(d) amended by No. 34/2023 s. 122.

        (d)     leave the land as nearly as possible in the condition in which the Secretary found it;

        (e)     ensure that as little damage as possible is done to the land;

        (f)     co-operate as much as possible with the owner and any occupier of the land.

S. 37(6) substituted by No. 19/2022 s. 27.

    (6)     The Secretary is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—

        (a)     sustained pecuniary loss; or

        (b)     incurred any expense.

S. 37(7) substituted by No. 19/2022 s. 27.

    (7)     Compensation under subsection (6) must be claimed and dealt with in accordance with the Land Acquisition and Compensation Act 1986 , as if it were a claim under section 47(1) of that Act.

S. 37A inserted by No. 61/2011 s. 7, repealed by No. 3/2017 s. 10.

    *     *     *     *     *

S. 38 (Heading) substituted by No. 49/2019 s. 9.