Where a person: (a) requires entry to land, other than a highway, for the purpose of carrying out work on other land; and; (b) the land on which he or she requires entry is adjoining or adjacent to the land in respect of which he or she wishes to carry out the work; and (c) he or she does not have the agreement of another person whose agreement to the entry is required -the first-mentioned person may apply to the court for an order authorising access to the subject land on such occasions and during such period as may be specified in the order. The court may make an access order if it is satisfied that the work for which entry is sought is reasonably necessary for the preservation of the land in respect of which the work is to be carried out, and that other requirements regarding access are fulfilled. Rights and obligation of the person requiring access are set out in section 7. In addition to any other remedy, the court may make an order for payment of damages by a party to the proceedings who fails to comply with a requirement of an access order or of section 7 (sect. 8). (16 sections)
Implemented by: Access to Neighbouring Land Regulations 2014. (2014-11-17)
Autores y editores
Valerio Tranchida (LEGN)
Government of Tasmania (Australia)
Proveedor de datos
FAO Legal Office (FAOLEX)
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of