{"id":"nsw:act-2000-002","name":"Access to Neighbouring Land Act 2000","slug":"access-to-neighbouring-land-act-2000","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"2 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105174,"registerId":"nsw-act-2000-002-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Access to Neighbouring Land Act 2000](/view/html/inforce/current/act-2000-002).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> access order means a neighbouring land access order or a utility service access order.\n> \n> function includes a power, authority or duty.\n> \n> land includes a stratum of air above or a stratum of soil below the surface of the earth.\n> \n> neighbouring land access order means an order made under this Act authorising access to adjoining or adjacent land.\n> \n> owner includes a joint owner or an occupier.\n> \n> utility service means a sewerage, drainage, water, gas, electricity or telephone service or other service prescribed by the regulations for the purpose of this definition.\n> \n> utility service access order means an order made under this Act authorising access to land to carry out work on or in connection with a utility service.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"#### 4 Act binds Crown\n\n4 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and also, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act does not authorise work or activity regulated by or under other Act and does not authorise access prohibited by or under other Act","content":"#### 5 Act does not authorise work or activity regulated by or under other Act and does not authorise access prohibited by or under other Act\n\n5 Act does not authorise work or activity regulated by or under other Act and does not authorise access prohibited by or under other Act\n\n> > (1) Nothing in this Act:\n> > \n> > > (a) enables a person to carry out any work or engage in any activity for which a consent or other authority must be obtained or granted under any other Act without the required consent or authority, or\n> > \n> > > (b) enables a person to carry out any work or engage in any activity that is prohibited by or under any other Act.\n> \n> > (2) A person may not apply for an access order under this Act if access to the land concerned, for the purposes for which access is required, is prohibited by or under another Act.\n> \n> **s 5:** Am 2000 No 93, Sch 1.1 \\[1\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act does not apply to land under National Parks and Wildlife Act 1974","content":"#### 6 Act does not apply to land under National Parks and Wildlife Act 1974\n\n6 Act does not apply to land under [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)\n\n> This Act does not apply to or in respect of the following land under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080):\n> \n> > (a) land reserved as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area,\n> \n> > (b) (Repealed)\n> \n> > (c) land declared under that Act to be an Aboriginal place.\n> \n> **s 6:** Am 2006 No 120, Sch 2.1 \\[1\\].","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Access orders","content":"# Part 2 Access orders\n\nPart 2 Access orders","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Applications for access orders and making of orders","content":"## Division 1 Applications for access orders and making of orders\n\nDivision 1 Applications for access orders and making of orders","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Persons who may apply for a neighbouring land access order","content":"#### 7 Persons who may apply for a neighbouring land access order\n\n7 Persons who may apply for a neighbouring land access order\n\n> > (1) A person who, for the purpose of carrying out work on land owned by the person, requires access to adjoining or adjacent land may apply to the Local Court for a neighbouring land access order.\n> \n> > (2) A person who, for the purpose of carrying out work on land owned by another person, requires access to adjoining or adjacent land may apply to the Local Court for a neighbouring land access order with the consent of the person on whose behalf the work is to be carried out.\n> \n> > (3) The Local Court may waive the requirement for consent under subsection (2) if it thinks it appropriate to do so in the circumstances.\n> \n> > (4) A person may apply for a neighbouring land access order even if access to the land concerned, for the purposes for which access is required, may be obtained by way of an easement imposed by an order under section 88K of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006). However, a person may not apply for a neighbouring land access order if access to the land concerned, for the purposes for which access is required, may be obtained or granted under any other provision of an Act.\n> \n> **s 7:** Am 2000 No 93, Sch 1.1 \\[2\\]; 2007 No 94, Sch 2.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Persons who may apply for a utility service access order","content":"#### 8 Persons who may apply for a utility service access order\n\n8 Persons who may apply for a utility service access order\n\n> > (1) A person who, either solely or jointly, is entitled to the use of a utility service or a proposed utility service but who is not the owner of the whole or part of the land on which it is located or proposed to be located and who requires access to that land for the purpose of carrying out work on or in connection with the utility service may apply to the Local Court for a utility service access order.\n> \n> > (2) A person may apply for a utility service access order even if:\n> > \n> > > (a) there is an easement or other right of access to the land concerned to carry out the work, or\n> > \n> > > (b) access to the land concerned, for the purposes for which access is required, may be obtained by way of an easement imposed by an order under section 88K of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> > \n> > However, a person may not apply for a utility access order if access to the land concerned, for the purposes for which access is required, may be obtained or granted under any other provision of an Act.\n> \n> **s 8:** Am 2000 No 93, Sch 1.1 \\[3\\]; 2007 No 94, Sch 2.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Person may apply for both orders","content":"#### 9 Person may apply for both orders\n\n9 Person may apply for both orders\n\n> A person who requires access for purposes referred to in both sections 7 and 8 may apply to the Local Court for both a neighbouring land access order and a utility service access order.\n> \n> **s 9:** Am 2007 No 94, Sch 2.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Notice of application for access order to be given to owners of affected land or services","content":"#### 10 Notice of application for access order to be given to owners of affected land or services\n\n10 Notice of application for access order to be given to owners of affected land or services\n\n> > (1) An applicant for an access order must give at least 21 days notice of the lodging of the application and the terms of any order sought:\n> > \n> > > (a) to the owner of the land to which access is sought under the application, and\n> > \n> > > (b) to any other person entitled to the use of any utility service on which work is proposed to be carried out, and\n> > \n> > > (c) to any other person the applicant has reason to believe will be affected by the order.\n> \n> > (2) The Local Court may direct that notice of an application be given to a person or that notice be given in a specified manner or within a specified period.\n> \n> > (3) The Local Court may waive the requirement to give notice or vary the period of notice under this section if it thinks it appropriate to do so in the circumstances.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Jurisdiction to make neighbouring land access orders","content":"#### 11 Jurisdiction to make neighbouring land access orders\n\n11 Jurisdiction to make neighbouring land access orders\n\n> > (1) The Local Court may make a neighbouring land access order if it is satisfied that, for the purpose of carrying out work on land, access to adjoining or adjacent land is required and it is satisfied that it is appropriate to make the order in the circumstances of the case.\n> \n> > (2) The Local Court must not make a neighbouring land access order unless it is satisfied:\n> > \n> > > (a) that the applicant has made a reasonable effort to reach agreement with every person whose consent to access is required as to the access and carrying out of the work, and\n> > \n> > > (b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 10 and section 34 (if applicable).\n> \n> **s 11:** Am 2007 No 94, Sch 3.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Types of work for which neighbouring land access orders may be made","content":"#### 12 Types of work for which neighbouring land access orders may be made\n\n12 Types of work for which neighbouring land access orders may be made\n\n> > (1) A neighbouring land access order may be made for one or more of the following purposes in connection with the land on which the work is to be carried out:\n> > \n> > > (a) carrying out work of construction, repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures,\n> > \n> > > (b) carrying out inspections for the purpose of ascertaining whether any such work is required,\n> > \n> > > (c) making plans in connection with such work,\n> > \n> > > (d) ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them,\n> > \n> > > (e) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,\n> > \n> > > (f) replacing any hedge, tree or shrub,\n> > \n> > > (g) removing, felling, cutting back or treating any hedge, tree or shrub,\n> > \n> > > (h) clearing or filling in ditches,\n> > \n> > > (i) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(h).\n> \n> > (2) This section does not limit the kinds of work with respect to land for which a neighbouring land access order may be made.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Jurisdiction to make utility service access orders","content":"#### 13 Jurisdiction to make utility service access orders\n\n13 Jurisdiction to make utility service access orders\n\n> > (1) The Local Court may make a utility service access order if it is satisfied that access to land is required for the purpose of carrying out work on or in connection with a utility service situated on the land and it is satisfied that it is appropriate to make the order in the circumstances of the case.\n> \n> > (2) The Court must not make a utility service access order unless it is satisfied:\n> > \n> > > (a) that the applicant has made a reasonable effort to reach agreement with every person whose consent to access is required as to the access and carrying out of the work, and\n> > \n> > > (b) if the requirement to give notice has not been waived, that the applicant has given notice of the application in accordance with section 10 and section 34 (if applicable).\n> \n> **s 13:** Am 2007 No 94, Sch 3.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Types of work for which utility service access orders may be made","content":"#### 14 Types of work for which utility service access orders may be made\n\n14 Types of work for which utility service access orders may be made\n\n> > (1) A utility service access order may be made for one or more of the following purposes:\n> > \n> > > (a) carrying out work of construction, repair, maintenance, improvement, adjustment or renewal of the utility service,\n> > \n> > > (b) connecting or disconnecting the service,\n> > \n> > > (c) carrying out inspections for the purpose of ascertaining whether any such work is required,\n> > \n> > > (d) making plans in connection with any such work,\n> > \n> > > (e) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(d).\n> \n> > (2) This section does not limit the kinds of work with respect to a utility service for which a utility service access order may be made.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Matters to be considered by Local Court","content":"#### 15 Matters to be considered by Local Court\n\n15 Matters to be considered by Local Court\n\n> Before determining an application for an access order the Local Court is to consider the following matters:\n> \n> > (a) whether the work cannot be carried out or would be substantially more difficult or expensive to carry out without access to the land the subject of the application,\n> \n> > (b) whether the access would cause unreasonable hardship to a person affected by the order.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Conditions of access orders","content":"#### 16 Conditions of access orders\n\n16 Conditions of access orders\n\n> > (1) The Local Court may specify such conditions in an access order as, in its opinion, are reasonably necessary in the circumstances.\n> \n> > (2) Without limiting subsection (1), the conditions may include the following kinds of conditions:\n> > \n> > > (a) conditions imposed for the purpose of avoiding or minimising loss, damage or injury to the owner of the land to which access is granted or to any other person or to any other land or other property,\n> > \n> > > (b) conditions imposed for the purpose of avoiding or minimising inconvenience or loss of privacy caused to the owner of the land to which access is granted or to any other person,\n> > \n> > > (c) conditions specifying precautions and safeguards,\n> > \n> > > (d) conditions requiring the taking out of insurance cover by the applicant against such risks, if any, as may be specified,\n> > \n> > > (e) conditions varying or dispensing with any or all of the provisions of Division 2,\n> > \n> > > (f) conditions prohibiting or permitting access to a building or part of a building, or any other part of the land,\n> > \n> > > (g) conditions providing for the reimbursement by the applicant of any expenses reasonably incurred by the owner of the land to which access is granted that are not recoverable as costs under section 27.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Form of access orders","content":"#### 17 Form of access orders\n\n17 Form of access orders\n\n> An access order is to specify:\n> \n> > (a) the land to which it permits access, and\n> \n> > (b) the work which may be carried out, and\n> \n> > (c) the date on or from which access is permitted and the date when access ceases to be permitted and, if appropriate, the times during which access is permitted, and\n> \n> > (d) any conditions specified by the Local Court, and\n> \n> > (e) the provisions of Division 2, as applying to the order.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Effect of access orders","content":"## Division 2 Effect of access orders\n\nDivision 2 Effect of access orders","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"General effect of neighbouring land access order","content":"#### 18 General effect of neighbouring land access order\n\n18 General effect of neighbouring land access order\n\n> > (1) A neighbouring land access order authorises, for the purpose of carrying out work on land, a person to have access to adjoining or adjacent land in accordance with the order.\n> \n> > (2) Unless the Local Court varies or dispenses with any or all of the authorities and obligations set out in sections 20–22, a neighbouring land access order also authorises the actions, and imposes the obligations, set out in those sections.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"General effect of utility service access order","content":"#### 19 General effect of utility service access order\n\n19 General effect of utility service access order\n\n> > (1) A utility service access order authorises a person to have access to land to carry out work on or in connection with a utility service on the land concerned in accordance with the order.\n> \n> > (2) Unless the Local Court varies or dispenses with any or all of the authorities and obligations set out in sections 20–22, a utility service access order also authorises the actions, and imposes the obligations, set out in those sections.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Authority to carry out ancillary activities","content":"#### 20 Authority to carry out ancillary activities\n\n20 Authority to carry out ancillary activities\n\n> An access order authorises:\n> \n> > (a) the access to and the remaining on the land concerned of such persons authorised by the applicant as are reasonably necessary to carry out the work, and\n> \n> > (b) the applicant to bring on, leave on and remove from the land such materials, plant and equipment as are reasonably necessary for carrying out the work, and\n> \n> > (c) the applicant to remove from the land any waste that may arise from carrying out the work.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Restoration of land and indemnity for damage","content":"#### 21 Restoration of land and indemnity for damage\n\n21 Restoration of land and indemnity for damage\n\n> The applicant must:\n> \n> > (a) restore the land concerned to the same condition it was in before the access, so far as is reasonably practicable, on or before the date specified in the order for that purpose, and\n> \n> > (b) indemnify the owner of the land to which access is granted against damage to the land or personal property arising from the access.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Owner’s obligations","content":"#### 22 Owner’s obligations\n\n22 Owner’s obligations\n\n> The owner of the land to which access is granted must permit access to the land in accordance with the order and this Act.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Persons bound by access order","content":"#### 23 Persons bound by access order\n\n23 Persons bound by access order\n\n> > (1) A person who is not a party to the proceedings for an access order, or expressly bound by the order, is not bound by the access order.\n> \n> > (2) However, a successor in title to an owner of land to which access is granted is bound by that order in the same way as that owner.\n> \n> > (3) An access order does not confer on any party to the order any interest in the land to which access is granted sufficient to enable any such person to place a caveat on the title to the land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Other provisions relating to access orders","content":"## Division 3 Other provisions relating to access orders\n\nDivision 3 Other provisions relating to access orders","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Variation and revocation of access orders","content":"#### 24 Variation and revocation of access orders\n\n24 Variation and revocation of access orders\n\n> The Local Court may vary or revoke an access order on application by the applicant for the order or by any other person affected by the order.\n> \n> **s 24:** Am 2007 No 94, Sch 3.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"When access orders cease to be in force","content":"#### 25 When access orders cease to be in force\n\n25 When access orders cease to be in force\n\n> > (1) An access order ceases to have effect on the date specified in the order or on revocation under section 24.\n> \n> > (2) The cessation or revocation of an order does not affect the previous operation of the order.\n> \n> > (3) The cessation or revocation of an order does not prevent the enforcement by the owner of the land to which access is granted of any conditions of the order or obligations of the applicant imposed by this Act.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Compensation","content":"#### 26 Compensation\n\n26 Compensation\n\n> > (1) The Local Court may order that a person to whom an access order is granted pay compensation to the owner of the land to which access is granted for loss, damage or injury, including damage to personal property, financial loss and personal injury arising from the access.\n> \n> > (2) Compensation is not payable under this section for loss of privacy or inconvenience suffered by the owner solely as a result of access authorised by the access order or solely because of the making of the order.\n> \n> > (3) An order for compensation may be made at any time and may be made whether or not the access order is in force.\n> \n> > (4) An action for an order for compensation may not be brought more than 3 years after the last date on which access occurred under the order.\n> \n> > (5) Any such order is enforceable as if it were a judgment for that amount by the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> **s 26:** Am 2006 No 120, Sch 2.1 \\[2\\]; 2007 No 94, Schs 2, 3.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Costs","content":"#### 27 Costs\n\n27 Costs\n\n> > (1) The costs of an application for an access order are payable by the applicant for the order, subject to any order of the Local Court to the contrary.\n> \n> > (2) In determining whether the whole or part of the costs of an application for an access order are payable by a party, the Local Court may consider the following matters:\n> > \n> > > (a) the conduct of the parties, including any attempts by the parties to reach agreement before the proceedings and whether the refusal to consent to access was unreasonable in the circumstances,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) any other matter it thinks fit.\n> \n> **s 27:** Am 2008 No 72, Sch 2.1 \\[1\\] \\[2\\].","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Failure to comply with access order","content":"#### 28 Failure to comply with access order\n\n28 Failure to comply with access order\n\n> > (1) A person:\n> > \n> > > (a) to whom an access order is granted or who obtains access to land under an access order, or\n> > \n> > > (b) who is required to give access to land under an access order,\n> > \n> > must not fail to comply with a condition or requirement of an access order that is applicable to the person.\n> > \n> > Maximum penalty: 5 penalty units.\n> \n> > (2) It is a defence in any proceedings for an offence under this section if the other party to the access order affected by the failure to comply with a condition or requirement of the order consented to the failure to comply.\n> \n> > (3) In addition to any other remedy, the Local Court may make an order for payment of damages by a party to the proceedings who fails to comply with a condition or requirement of an access order or of Division 2 as applied to that order.\n> \n> > (4) Any such order is enforceable as if it were a judgment for that amount by the Local Court exercising jurisdiction under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> **s 28:** Am 2006 No 120, Sch 2.1 \\[2\\]; 2007 No 94, Sch 2.","sortOrder":32},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transfer of proceedings to other courts and appeals","content":"# Part 3 Transfer of proceedings to other courts and appeals\n\nPart 3 Transfer of proceedings to other courts and appeals","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Transfer of matters to other courts","content":"#### 29 Transfer of matters to other courts\n\n29 Transfer of matters to other courts\n\n> > (1) The Local Court must order the transfer of the whole or any part of proceedings for compensation under this Act to the Land and Environment Court, if the amount of any compensation or damages involved is likely to exceed the amount of the Local Court’s jurisdiction in an action for the recovery of a debt under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028).\n> \n> > (2) The Land and Environment Court may at any stage of proceedings transferred under subsection (1) order the transfer of the whole or any part of the proceedings back to the Local Court.\n> \n> > (3) An order for the transfer of proceedings under this section may be made on the Court’s own motion or on the application of a party to the proceedings.\n> \n> > (4) The Land and Environment Court has, in respect of proceedings transferred under this section and in addition to any other jurisdiction and functions it has, the same jurisdiction and functions as are conferred on the Local Court by or under this Act (other than sections 30 and 31).\n> \n> **s 29:** Am 2006 No 120, Sch 2.1 \\[2\\]; 2007 No 94, Schs 2, 3.","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Referral of questions of law by Local Court","content":"#### 30 Referral of questions of law by Local Court\n\n30 Referral of questions of law by Local Court\n\n> > (1) If, in proceedings before it under this Act, a question of law arises, the Local Court may decide the question or refer it to the Land and Environment Court for decision.\n> \n> > (2) If a question of law is referred to the Land and Environment Court by the Local Court, the Local Court must not make an order or decision to which the question is relevant until the Land and Environment Court has decided the question.\n> \n> > (3) On deciding the question, the Land and Environment Court must remit its decision to the Local Court and that Court must not proceed in a manner, or make an order or decision, that is inconsistent with the decision of the Land and Environment Court.\n> \n> > (4) A reference under this section is to be made in accordance with rules of the Land and Environment Court.\n> \n> **s 30:** Am 2007 No 94, Sch 2.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Appeals from decisions of Local Court","content":"#### 31 Appeals from decisions of Local Court\n\n31 Appeals from decisions of Local Court\n\n> > (1) A party to proceedings before the Local Court for an access order may appeal to the Land and Environment Court, on a question of law, against a decision to grant or not to grant an access order.\n> \n> > (2) The appeal must be made within 30 days after the decision to grant or not to grant the access order is made.\n> \n> > (3) If a party to proceedings before the Local Court appeals to the Land and Environment Court under this section, either the Local Court or the Land and Environment Court, may suspend, until the appeal is determined, the operation of any order or decision made in the proceedings.\n> \n> > (4) The Local Court may terminate a suspension of the operation of an order or a decision suspended by it. The Land and Environment Court may terminate a suspension of the operation of an order or decision suspended by it or by the Local Court.\n> \n> **s 31:** Am 2007 No 94, Sch 2.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 4 Miscellaneous provisions\n\nPart 4 Miscellaneous provisions","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Repair and maintenance of joint services","content":"#### 32 Repair and maintenance of joint services\n\n32 Repair and maintenance of joint services\n\n> > (1) If 2 or more owners of land are jointly entitled to the use of a utility service, those persons are jointly liable for any repair or maintenance of that service by or on behalf of one of the owners if:\n> > \n> > > (a) the owner who carried out the repair or maintenance or on whose behalf it is carried out is liable for that repair or maintenance as a user of the service, and\n> > \n> > > (b) that liability does not arise from any fault of the owner by or on whose behalf the repair or maintenance is carried out.\n> \n> > (2) This section is subject to any contract or arrangement between the owner and the provider of the utility service and to the provisions of any other Act.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Agreements for access to neighbouring land","content":"#### 33 Agreements for access to neighbouring land\n\n33 Agreements for access to neighbouring land\n\n> > (1) The regulations may make provision for or with respect to a model form of agreement or agreements for the following purposes:\n> > \n> > > (a) to enable a person who requires access to adjoining or adjacent land, for the purpose of carrying out work on the person’s land, to gain access to the adjoining or adjacent land,\n> > \n> > > (b) to enable a person who requires access to land on which a utility service which the person is entitled to use is situated, for the purpose of carrying out work on the utility service, to gain access to the land.\n> \n> > (2) Any such model agreement may apply rights and obligations under this Act to a party to the agreement.\n> \n> > (3) A person may, but is not required to, enter into a model agreement prescribed under this section.\n> \n> > (4) Nothing in this Act prevents access to land being given by consent of the owner of the land.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Native title interests","content":"#### 34 Native title interests\n\n34 Native title interests\n\n> > (1) A person seeking an access order in respect of land in relation to which there is an approved determination of native title that native title exists must give notice under section 10 to the registered native title body corporate for that land.\n> \n> > (2) A person seeking an access order in respect of land in relation to which there has not been an approved determination of native title that native title exists but in respect of which there may be native title holders must give notice under section 10 to:\n> > \n> > > (a) any registered native title claimants in respect of the land, and\n> > \n> > > (b) any representative Aboriginal/Torres Strait Islander bodies for the area concerned.\n> \n> > (3) A registered native title body corporate has in respect of the land for which it is such a body corporate the same rights and obligations under this Act as any other owner of land.\n> \n> > (4) In this section:\n> > \n> > approved determination of native title has the same meaning as it has in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > native title holder has the same meaning as it has in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > registered native title body corporate has the same meaning as it has in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > registered native title claimant has the same meaning as it has in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > representative Aboriginal/Torres Strait Islander body has the same meaning as it has in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Contracting out of Act prohibited","content":"#### 35 Contracting out of Act prohibited\n\n35 Contracting out of Act prohibited\n\n> Any agreement, whether made before or after the commencement of this section, which would have the effect of preventing or restricting a person from applying for an access order is void to the extent that it would have that effect.","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"How notices may be served","content":"#### 36 How notices may be served\n\n36 How notices may be served\n\n> > (1) A notice under this Act may be given to a person personally or by post addressed to the last known place of residence or business of the person to whom the notice is addressed.\n> \n> > (2) However, a notice under this Act that is required to be given to a registered native title claimant or a representative Aboriginal/Torres Strait Islander body is to be served in accordance with section 103 (3) of the [Native Title (New South Wales) Act 1994](/view/html/inforce/current/act-1994-045).","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Proceedings for applications or offences","content":"#### 37 Proceedings for applications or offences\n\n37 Proceedings for applications or offences\n\n> Proceedings for applications under this Act, or offences against this Act, are to be dealt with summarily before the Local Court.\n> \n> **s 37:** Am 2001 No 121, Sch 2.2; 2007 No 94, Sch 2.","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"#### 38 Regulations\n\n38 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the service of notices or orders where the owner of land or any other person cannot be found.\n> \n> > (3) The Local Court Rule Committee established under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) may make rules for or with respect to regulating the practice and procedures of the Local Court in proceedings under this Act.\n> \n> **s 38:** Am 2007 No 94, Schs 1.1, 7.","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 39 Savings, transitional and other provisions\n\n39 Savings, transitional and other provisions\n\n> Schedule 1 has effect.\n> \n> **s 39:** Rep 2003 No 82, Sch 3. Ins 2008 No 72, Sch 2.1 \\[3\\].","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Review of Act","content":"#### 40 Review of Act\n\n40 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 39)\n\n**sch 1:** Rep 2003 No 82, Sch 3. Ins 2008 No 72, Sch 2.1 \\[4\\].","sortOrder":47}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation has not grown significantly beyond its original purpose of enabling temporary, court-supervised access to neighbouring land for maintenance, repair and utility works while balancing hardship and cost. Amendments since 2000 have refined procedural matters (notice, jurisdiction, costs) and added native-title safeguards but preserved the core focus on practical neighbour access without creating new substantive rights or expanding into unrelated regulatory domains."},"complexity_factors":["Two parallel but distinct access-order regimes (neighbouring land vs utility service) with separate application rules in ss 7–8 and jurisdiction tests in ss 11 and 13","Extensive cross-referencing to at least seven other statutes including the Conveyancing Act 1919 (s 88K easements), National Parks and Wildlife Act 1974, Native Title Act 1993 (Cth), Real Property Act 1900, Civil Procedure Act 2005 and Local Court Act 2007","Layered conditional logic for notice requirements (s 10), waiver of consent (s 7(3)), reasonable-effort-to-agree test (ss 11(2)(a), 13(2)(a)) and variation of Division 2 obligations (s 16(2)(e))","Defined terms that expand ordinary meanings (owner includes joint owner or occupier; land includes strata of air and soil; function includes power, authority or duty)","Detailed mechanical provisions on compensation time bars (s 26(4)), costs discretion (s 27), binding of successors in title (s 23(2)) and prohibition on contracting out (s 35)"],"plain_english_summary":"**This law lets people get court permission to step onto a neighbour's land (or adjacent land) to carry out essential repairs, maintenance or inspections that would otherwise be impossible.** \n\nIf you need to fix your own building, clear a dangerous tree, repair a shared drain or connect a utility service but cannot get your neighbour's agreement, you can apply to the Local Court for an 'access order'. The court decides whether access is reasonable after considering if the work would be much harder or more expensive without it, and whether it would cause unreasonable hardship to the neighbour. \n\nThe Act creates two main types of orders: **neighbouring land access orders** (for work on buildings, trees, ditches etc on your own land) and **utility service access orders** (for work on sewers, water pipes, electricity lines and similar services). It sets out who must receive notice (at least 21 days), what conditions the court can impose (insurance, hours of access, restoring the land afterwards), and rules about paying for damage or compensation. \n\nThe law binds government bodies but does not override other legislation — you still need any required building approvals and cannot use it where another law already prohibits access. It does not apply to national parks or certain Aboriginal land. It matters because it provides a structured, fair way to resolve neighbour disputes over access without forcing expensive easements or prolonged arguments, while protecting the rights of the land owner who must grant access."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The source text shows subsequent amendments and transitional provisions that have modified procedural and cost-related aspects of the Act since its original enactment (for example, amendments noted at ss 5, 7–8, 11, 13, 26, 27, 29–31, 37–39). Notable changes in scope include substitution of the costs provisions (s 27; amending Act references in the text), adjustments to which lands are excluded (s 6 amendment note), and changes to transfer, referral and appeal procedures between the Local Court and the Land and Environment Court (ss 29–31). These amendments alter how the Act operates in practice (procedures, cost allocation, court pathways) while leaving the core mechanical purpose—providing a judicial route to access neighbouring land for work—intact."},"complexity_factors":["Judicial discretion: Local Court may waive notice/consent, set or vary conditions, and dispense with statutory obligations (ss 7(3), 10(3), 16(1), 24)","Procedural requirements: mandatory notice period, requirement to show reasonable attempts to reach agreement before Court will make orders (ss 10, 11, 13)","Interaction with other statutes: Act does not override prohibitions or consent requirements under other Acts and excludes certain national park lands (ss 5, 6)","Native title procedures and notice obligations add procedural complexity and participation rights (s 34)","Compensation, costs and enforcement mechanisms (including refund and damages procedures and time limits) require careful factual and legal assessment (ss 26–28)","Cross-court transfers, referrals on questions of law and appeals to the Land and Environment Court introduce multi-court processes for larger or complex disputes (ss 29–31)","Delegation of procedural detail to regulations and Local Court rules means practical operation depends on subordinate instruments (ss 33, 38)","Wide but non-exhaustive lists of permitted works create case-by-case scope determinations (ss 12, 14)","Amendment and transitional notes in the text indicate that certain core procedural and costs provisions have been adjusted since enactment, affecting applicable rules"],"plain_english_summary":"What this law does (mechanically)\n\n- Creates a court process for people who need to enter neighbouring or other land to carry out work on their own land or on a utility service (Local Court applications for \"neighbouring land access orders\" and \"utility service access orders\"). (ss 7–9, 11–14)\n- Requires applicants to give notice (at least 21 days) to the owner of the affected land and others likely to be affected, unless the Local Court waives or varies the notice requirement. (s 10)\n- Gives the Local Court power to make an access order only if it is satisfied access is required to carry out the work, the applicant has tried reasonably to reach agreement with people whose consent is needed, and notice requirements are met (unless waived). (ss 11, 13)\n- Specifies the kinds of work for which orders may be made (construction, repair, inspection, work on drains/sewers/pipes/cables, vegetation work, and related incidental tasks), but the lists are not exhaustive. (ss 12, 14)\n- Allows the Court to impose conditions on access orders (for example, measures to avoid loss or damage, insurance, limits on access to parts of the land) and to specify the period and times of allowed access. (ss 16, 17)\n- Authorises ancillary activities needed to carry out the work (bringing plant, materials, leaving equipment, removing waste) subject to the order. (s 20)\n- Requires the applicant to restore the accessed land as far as reasonably practicable and to indemnify the owner against damage arising from the access. (s 21)\n- Makes the owner of accessed land legally required to permit access in accordance with the order. (s 22)\n- Provides remedies and financial measures: the Court may order compensation for loss, damage or injury caused by access (excluding compensation for loss of privacy or mere inconvenience), and may order payment of costs; failure to comply with an order can attract a penalty and civil damages. (ss 26, 27, 28)\n- Establishes procedures for transfer of compensation matters to the Land and Environment Court where larger sums are involved, for referral of legal questions, and for appeals on questions of law. (ss 29–31)\n- Requires special notice steps where native title may exist and treats registered native title bodies corporately in the same way as other land owners for the Act’s purposes. (s 34)\n- Prevents parties from contracting out of the right to apply for an access order (such agreements are void to that extent). (s 35)\n- Exempts certain National Parks and other land under the National Parks and Wildlife Act 1974 from the Act. (s 6)\n- Allows the Governor to make regulations and the Local Court Rule Committee to make practice rules for proceedings under the Act; the regulations may include model access agreements that parties may choose to use. (ss 33, 38)\n\nOfficial purpose-claims (as expressed or implied in the Act)\n\n- The Act establishes a statutory route to gain access to neighbouring or adjacent land to carry out work on one’s own land or to work on utility services on other land. (ss 7–9, 12–14)\n\nTesting those claims against practical effects, costs, incentives and trade-offs (source‑grounded)\n\n- Who pays and bears risks:\n  - The applicant pays the costs of bringing the access-order application unless the Local Court orders otherwise; in assessing costs the Court may consider parties’ conduct and whether attempts were made to reach agreement. (s 27)\n  - The applicant must restore the land and indemnify the landowner against damage arising from the access. (s 21)\n  - The Court may order the applicant to pay compensation for loss, damage or injury caused by the access (but not for loss of privacy or mere inconvenience). Compensation orders are enforceable as Court judgments. (s 26)\n  - Failure to comply with order conditions can attract a penalty (maximum 5 penalty units) and civil damages obligations. (s 28)\n\n- Incentives and private-choice effects:\n  - The Act creates an option for applicants to seek compulsory access through the courts when agreement cannot be reached; this changes bargaining leverage by offering a non-contractual enforcement backstop against a landowner’s refusal. (ss 7–11, 22)\n  - Applicants are incentivised to attempt agreement before applying because the Court must be satisfied the applicant made reasonable efforts to reach agreement (and may consider conduct when allocating costs). (ss 11, 13, 27)\n  - Landowners face a legal obligation to permit access once an order is made, but the Court may attach conditions limiting inconvenience or damage. (ss 16, 21, 22)\n\n- Compliance burden and administrative discretion:\n  - Applicants must comply with notice timing (minimum 21 days) and native title notice rules where relevant, unless the Local Court exercises its discretion to waive or vary notice. (ss 10, 34)\n  - The Local Court has wide discretion to waive consent or notice requirements, to impose or vary conditions on access orders, and to dispense with certain statutory obligations for an order. Those judicial discretions shape practical outcomes case by case. (ss 7(3), 10(3), 16(1)–(2)(e), 24)\n  - Regulations and court rules can fill procedural details (including service where owners cannot be found, and model agreements), so operational detail will depend on delegated instruments. (ss 33, 38)\n\n- Interactions, opportunity costs and implementation risks:\n  - The Act does not authorise work that otherwise requires consent under another Act, nor does it allow access where another Act prohibits it. Applicants cannot use this Act to circumvent other statutory controls. (s 5)\n  - The Act excludes certain land under the National Parks and Wildlife Act 1974, so some access needs must be pursued under other laws or not at all. (s 6)\n  - Native title processes affect notice and participation where native title exists or may exist; registered native title bodies have the same rights and obligations under the Act as other owners. (s 34)\n  - For larger compensation claims or complex legal questions, proceedings may be transferred to, referred to, or appealed in the Land and Environment Court, adding procedural complexity for high-value or contested cases. (ss 29–31)\n\nConcentrated benefits, diffuse costs and potential substitution effects (source-grounded):\n\n- Concentrated benefits: Parties who need access (owners doing work, utility users) gain a clear statutory mechanism to obtain access in disputed situations. (ss 7–9)\n- Diffuse costs: Owners of accessed land can bear the direct disruption and restoration burden; the Act assigns restoration and indemnity obligations to applicants but owners must engage in court proceedings and accommodation of the access. (ss 21, 26, 27)\n- Substitution effects: The Act operates alongside existing property-law remedies (for example, easements available under other provisions such as the Conveyancing Act 1919); applicants are barred from using this Act when access can be obtained under another provision of an Act. (ss 7(4), 8(2))\n\nNet operational picture (mechanics, who decides, who pays, what changes in behaviour)\n\n- The Local Court is the gatekeeper: it decides whether the statutory tests are met, sets conditions, and allocates costs or compensation. (ss 11, 16, 26, 27)\n- Applicants face upfront costs, a notice and negotiation burden, restoration and indemnity obligations, and potential liability for compensation if the access causes loss or damage. (ss 10, 11, 21, 26, 27)\n- Owners of affected land must accept access when an order is made, subject to conditions and safeguards the Court imposes; they can seek compensation or damages if harmed. (ss 16, 21, 26, 28)\n\nPractical implementation points to watch (administrative and legal frictions):\n\n- The Court’s broad discretion on waiving notice, imposing conditions and handling costs means outcomes may vary significantly with judicial approaches in different cases. (ss 10(3), 16(1), 27)\n- Interaction with other statutory regimes (native title, protected land under the National Parks and Wildlife Act, other Acts requiring consent) constrains where and how this Act can be used. (ss 5, 6, 34)\n- Delegated regulations and court rules will determine important procedural details (service, model agreements, practice directions). (ss 33, 38)\n\nReference to review requirement\n\n- The Minister must review the Act about five years after assent to check whether its policy objectives and wording remain appropriate and table a report in Parliament. (s 40)\n\nKey source citations: Relevant sections referenced above are s 5–6, 7–14, 16–22, 24–31, 33–38, 40 (and specific notice/compensation/costs/penalties provisions cited in the text)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata and version history, the Act appears to have remained focused on its original purpose: providing a legal mechanism for court-ordered access to neighbouring land for property maintenance and repair. Amendments over its history appear to be administrative or procedural updates rather than expansions into new subject matter."},"complexity_factors":["Balancing competing property rights between neighbouring landowners requires contextual judicial assessment","Multiple categories of people who may apply or be affected (owners, occupiers, tenants, mortgagees)","Court discretion in granting access orders introduces unpredictability in outcomes","Compensation provisions require case-by-case valuation of loss or inconvenience","Exemptions for residential occupiers add a layer of conditional application","Has been amended multiple times since enactment (6 versions), suggesting evolving complexity","Limited legislative text provided — full complexity of provisions (e.g., definitions, court procedures) cannot be fully assessed from metadata alone"],"plain_english_summary":"## Access to Neighbouring Land Act 2000 (NSW)\n\n**What does this law do?**\n\nThis NSW Act gives people the legal right to access their neighbour's property (with court approval if necessary) when they need to carry out work on their own property that can only — or best — be done from the neighbouring land.\n\n**Who does this affect?**\n\nAnyone in NSW who owns, rents, or occupies land — whether residential, commercial, or rural. This is particularly relevant if you:\n- Need to repair, maintain, or renovate a building close to a boundary fence or wall\n- Need to clear trees, drains, or other structures near a shared boundary\n- Have a neighbour who needs access to your land for similar reasons\n\n**Why does it matter?**\n\nUnder normal property law, you cannot enter someone else's land without their permission — doing so is called **trespass**. This Act creates a pathway to resolve disputes where neighbours refuse access, by allowing a person to apply to a court for an **access order** (a court-approved permission to enter the neighbouring property).\n\n**Key practical points:**\n- You should first try to get your neighbour's agreement voluntarily\n- If they refuse, you can apply to court for an order granting access\n- The court will weigh up factors like how much the neighbour will be inconvenienced versus how much you need access\n- The person seeking access may be required to pay **compensation** to the neighbour for any loss, damage, or inconvenience caused\n- Access rights under the order are temporary and limited to what's necessary for the specific work\n- The Act does **not** apply to residential occupiers in certain situations (e.g., where the neighbouring land is used only as a home and the intrusion would be unreasonable)\n\n**In plain terms:** This law stops neighbour disputes from becoming a legal dead-end when you genuinely need to cross next door to fix something on your own property. It balances your right to maintain your land against your neighbour's right to privacy and peaceful enjoyment of theirs."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/access-to-neighbouring-land-act-2000","history":"/api/acts/access-to-neighbouring-land-act-2000/history","analysis":"/api/acts/access-to-neighbouring-land-act-2000/analysis","conflicts":"/api/acts/access-to-neighbouring-land-act-2000/conflicts","importantCases":"/api/acts/access-to-neighbouring-land-act-2000/important-cases","documents":"/api/acts/access-to-neighbouring-land-act-2000/documents"}}