6Power of court to impose terms and conditions

6 Power of court to impose terms and conditions

(1)  An access order is to specify –

(a) the work which may be carried out; and

(b) the date on or from which entry is authorized and the date on which it ceases to be authorized; and

(c) particulars of the subject land.

(2)  The court may impose such terms and conditions as appear reasonably necessary for avoiding or minimizing –

(a) loss, damage or injury to the owner of the subject land or to any other person or to any land or personal property; and

(b) inconvenience or loss of privacy to the owner of the subject land or to any other person –

caused by the entry to the subject land and any such terms and conditions may include provision for any one or more of the following matters:

(c) the manner in which the work is to be carried out;

(d) the days on which and the hours between which the work may be carried out;

(e) the precautions and safeguards, if any, as may be specified;

(f) the taking out of insurance cover by the applicant against such risks, if any, as may be specified;

(g) compensation for loss, damage or injury, including damage to personal property, financial loss and personal injury, to the owner of the subject land.

(3)  Compensation is not payable to the owner of the subject land under this section for any loss of privacy or for any inconvenience that he or she may suffer solely as a result of the entry authorized by the order or solely by reason of the making of the order.

(4)  An access order may provide –

(a) for the reimbursement by the applicant of any expenses reasonably incurred by the owner of the subject land that are not recoverable as costs; and

(b) for the giving of security by the applicant for any amount that might become payable to the owner of the subject land under this section or section 7 .