This law creates a Local Court process allowing people or utilities to obtain compulsory access to neighbouring or other land to carry out or maintain work when agreement can’t be reached. It affects landowners (who must permit court‑ordered access subject to conditions) and applicants (who must notify owners, try to negotiate, restore land, and may pay costs/compensation). Important limits: native title and some national park land protections apply, and the Court has wide discretionary powers.
The Access to Neighbouring Land Act 2000 (NSW) establishes a statutory mechanism by which the Local Court may grant temporary rights of entry onto adjoining or adjacent land to enable the carrying out of work that cannot reasonably be performed without such access. The Act creates two distinct species of order: a neighbouring land access order (s 7 and s 11) and a utility service access order (s 8 and s 13). Both are collectively termed “access orders” (s 3).
A neighbouring land access order authorises access for an exhaustive but non-limiting list of purposes set out in s 12(1). These include construction, repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and structures (s 12(1)(a)), inspections to ascertain whether such work is required (s 12(1)(b)), preparation of plans (s 12(1)(c)), ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them (s 12(1)(d)), assessing the condition of hedges, trees or shrubs (s 12(1)(e)), replacing, removing, felling, cutting back or treating vegetation (ss 12(1)(f)–(g)), clearing or filling ditches (s 12(1)(h)), and any incidental work (s 12(1)(i)). Subsection (2) expressly states that the list is not exhaustive.
A utility service access order authorises entry to carry out work on or in connection with a “utility service”, defined in s 3 as a sewerage, drainage, water, gas, electricity or telephone service or any other service prescribed by regulation. Permissible purposes are listed in s 14(1) and mirror the neighbouring-land list but are tailored to services: construction, repair, maintenance, improvement, adjustment or renewal of the service (s 14(1)(a)), connecting or disconnecting it (s 14(1)(b)), inspections (s 14(1)(c)), preparation of plans (s 14(1)(d)) and incidental work (s 14(1)(e)).
Current sections
Direct links to the current provisions in Access to Neighbouring Land Act 2000.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
In this Act:
access order means a neighbouring land access order or a utility service access order.
function includes a power, authority or duty.
land includes a stratum of air above or a stratum of soil below the surface of the earth.
neighbouring land access order means an order made under this Act authorising access to adjoining or adjacent land.
owner includes a joint owner or an occupier.
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.
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.
4
Act binds Crown
4 Act binds Crown
4 Act binds Crown
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.
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
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
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
(1) Nothing in this Act:
(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
(b) enables a person to carry out any work or engage in any activity that is prohibited by or under any other Act.
(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.
s 5: Am 2000 No 93, Sch 1.1 [1].
6
Act does not apply to land under National Parks and Wildlife Act 1974
6 Act does not apply to land under National Parks and Wildlife Act 1974
(a) land reserved as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area,
(b) (Repealed)
(c) land declared under that Act to be an Aboriginal place.
s 6: Am 2006 No 120, Sch 2.1 [1].
Part 2
Access orders
Part 2 Access orders
Part 2 Access orders
Division 1
Applications for access orders and making of orders
Division 1 Applications for access orders and making of orders
Division 1 Applications for access orders and making of orders
7
Persons who may apply for a neighbouring land access order
7 Persons who may apply for a neighbouring land access order
7 Persons who may apply for a neighbouring land access order
(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.
(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.
(3) The Local Court may waive the requirement for consent under subsection (2) if it thinks it appropriate to do so in the circumstances.
(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. 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.
s 7: Am 2000 No 93, Sch 1.1 [2]; 2007 No 94, Sch 2.
8
Persons who may apply for a utility service access order
8 Persons who may apply for a utility service access order
8 Persons who may apply for a utility service access order
(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.
(2) A person may apply for a utility service access order even if:
(a) there is an easement or other right of access to the land concerned to carry out the work, or
(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.
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.
s 8: Am 2000 No 93, Sch 1.1 [3]; 2007 No 94, Sch 2.
9
Person may apply for both orders
9 Person may apply for both orders
9 Person may apply for both orders
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.
s 9: Am 2007 No 94, Sch 2.
10
Notice of application for access order to be given to owners of affected land or services
10 Notice of application for access order to be given to owners of affected land or services
10 Notice of application for access order to be given to owners of affected land or services
(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:
(a) to the owner of the land to which access is sought under the application, and
(b) to any other person entitled to the use of any utility service on which work is proposed to be carried out, and
(c) to any other person the applicant has reason to believe will be affected by the order.
(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.
(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.
11
Jurisdiction to make neighbouring land access orders
11 Jurisdiction to make neighbouring land access orders
11 Jurisdiction to make neighbouring land access orders
(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.
(2) The Local Court must not make a neighbouring land access order unless it is satisfied:
(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
(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).
s 11: Am 2007 No 94, Sch 3.
12
Types of work for which neighbouring land access orders may be made
12 Types of work for which neighbouring land access orders may be made
12 Types of work for which neighbouring land access orders may be made
(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:
(a) carrying out work of construction, repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures,
(b) carrying out inspections for the purpose of ascertaining whether any such work is required,
(c) making plans in connection with such work,
(d) ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them,
(e) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,
(f) replacing any hedge, tree or shrub,
(g) removing, felling, cutting back or treating any hedge, tree or shrub,
(h) clearing or filling in ditches,
(i) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(h).
(2) This section does not limit the kinds of work with respect to land for which a neighbouring land access order may be made.
13
Jurisdiction to make utility service access orders
13 Jurisdiction to make utility service access orders
13 Jurisdiction to make utility service access orders
(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.
(2) The Court must not make a utility service access order unless it is satisfied:
(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
(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).
s 13: Am 2007 No 94, Sch 3.
14
Types of work for which utility service access orders may be made
14 Types of work for which utility service access orders may be made
14 Types of work for which utility service access orders may be made
(1) A utility service access order may be made for one or more of the following purposes:
(a) carrying out work of construction, repair, maintenance, improvement, adjustment or renewal of the utility service,
(b) connecting or disconnecting the service,
(c) carrying out inspections for the purpose of ascertaining whether any such work is required,
(d) making plans in connection with any such work,
(e) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(d).
(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.
15
Matters to be considered by Local Court
15 Matters to be considered by Local Court
15 Matters to be considered by Local Court
Before determining an application for an access order the Local Court is to consider the following matters:
(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,
(b) whether the access would cause unreasonable hardship to a person affected by the order.
16
Conditions of access orders
16 Conditions of access orders
16 Conditions of access orders
(1) The Local Court may specify such conditions in an access order as, in its opinion, are reasonably necessary in the circumstances.
(2) Without limiting subsection (1), the conditions may include the following kinds of conditions:
(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,
(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,
(c) conditions specifying precautions and safeguards,
(d) conditions requiring the taking out of insurance cover by the applicant against such risks, if any, as may be specified,
(e) conditions varying or dispensing with any or all of the provisions of Division 2,
(f) conditions prohibiting or permitting access to a building or part of a building, or any other part of the land,
(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.
17
Form of access orders
17 Form of access orders
17 Form of access orders
An access order is to specify:
(a) the land to which it permits access, and
(b) the work which may be carried out, and
(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
(d) any conditions specified by the Local Court, and
(e) the provisions of Division 2, as applying to the order.
Division 2
Effect of access orders
Division 2 Effect of access orders
Division 2 Effect of access orders
18
General effect of neighbouring land access order
18 General effect of neighbouring land access order
18 General effect of neighbouring land access order
(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.
(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.
19
General effect of utility service access order
19 General effect of utility service access order
19 General effect of utility service access order
(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.
(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.
20
Authority to carry out ancillary activities
20 Authority to carry out ancillary activities
20 Authority to carry out ancillary activities
An access order authorises:
(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
(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
(c) the applicant to remove from the land any waste that may arise from carrying out the work.
21
Restoration of land and indemnity for damage
21 Restoration of land and indemnity for damage
21 Restoration of land and indemnity for damage
The applicant must:
(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
(b) indemnify the owner of the land to which access is granted against damage to the land or personal property arising from the access.
22
Owner’s obligations
22 Owner’s obligations
22 Owner’s obligations
The owner of the land to which access is granted must permit access to the land in accordance with the order and this Act.
23
Persons bound by access order
23 Persons bound by access order
23 Persons bound by access order
(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.
(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.
(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.
Division 3
Other provisions relating to access orders
Division 3 Other provisions relating to access orders
Division 3 Other provisions relating to access orders
24
Variation and revocation of access orders
24 Variation and revocation of access orders
24 Variation and revocation of access orders
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.
s 24: Am 2007 No 94, Sch 3.
25
When access orders cease to be in force
25 When access orders cease to be in force
25 When access orders cease to be in force
(1) An access order ceases to have effect on the date specified in the order or on revocation under section 24.
(2) The cessation or revocation of an order does not affect the previous operation of the order.
(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.
26
Compensation
26 Compensation
26 Compensation
(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.
(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.
(3) An order for compensation may be made at any time and may be made whether or not the access order is in force.
(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.
(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.
s 26: Am 2006 No 120, Sch 2.1 [2]; 2007 No 94, Schs 2, 3.
27
Costs
27 Costs
27 Costs
(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.
(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:
(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,
(b) (Repealed)
(c) any other matter it thinks fit.
s 27: Am 2008 No 72, Sch 2.1 [1] [2].
28
Failure to comply with access order
28 Failure to comply with access order
28 Failure to comply with access order
(1) A person:
(a) to whom an access order is granted or who obtains access to land under an access order, or
(b) who is required to give access to land under an access order,
must not fail to comply with a condition or requirement of an access order that is applicable to the person.
Maximum penalty: 5 penalty units.
(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.
(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.
(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.
s 28: Am 2006 No 120, Sch 2.1 [2]; 2007 No 94, Sch 2.
Part 3
Transfer of proceedings to other courts and appeals
Part 3 Transfer of proceedings to other courts and appeals
Part 3 Transfer of proceedings to other courts and appeals
29
Transfer of matters to other courts
29 Transfer of matters to other courts
29 Transfer of matters to other courts
(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.
(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.
(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.
(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).
s 29: Am 2006 No 120, Sch 2.1 [2]; 2007 No 94, Schs 2, 3.
30
Referral of questions of law by Local Court
30 Referral of questions of law by Local Court
30 Referral of questions of law by Local Court
(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.
(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.
(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.
(4) A reference under this section is to be made in accordance with rules of the Land and Environment Court.
s 30: Am 2007 No 94, Sch 2.
31
Appeals from decisions of Local Court
31 Appeals from decisions of Local Court
31 Appeals from decisions of Local Court
(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.
(2) The appeal must be made within 30 days after the decision to grant or not to grant the access order is made.
(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.
(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.
s 31: Am 2007 No 94, Sch 2.
Part 4
Miscellaneous provisions
Part 4 Miscellaneous provisions
Part 4 Miscellaneous provisions
32
Repair and maintenance of joint services
32 Repair and maintenance of joint services
32 Repair and maintenance of joint services
(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:
(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
(b) that liability does not arise from any fault of the owner by or on whose behalf the repair or maintenance is carried out.
(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.
33
Agreements for access to neighbouring land
33 Agreements for access to neighbouring land
33 Agreements for access to neighbouring land
(1) The regulations may make provision for or with respect to a model form of agreement or agreements for the following purposes:
(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,
(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.
(2) Any such model agreement may apply rights and obligations under this Act to a party to the agreement.
(3) A person may, but is not required to, enter into a model agreement prescribed under this section.
(4) Nothing in this Act prevents access to land being given by consent of the owner of the land.
34
Native title interests
34 Native title interests
34 Native title interests
(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.
(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:
(a) any registered native title claimants in respect of the land, and
(b) any representative Aboriginal/Torres Strait Islander bodies for the area concerned.
(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.
(4) In this section:
approved determination of native title has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
native title holder has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
registered native title body corporate has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
registered native title claimant has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
representative Aboriginal/Torres Strait Islander body has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
35
Contracting out of Act prohibited
35 Contracting out of Act prohibited
35 Contracting out of Act prohibited
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.
36
How notices may be served
36 How notices may be served
36 How notices may be served
(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.
(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.
37
Proceedings for applications or offences
37 Proceedings for applications or offences
37 Proceedings for applications or offences
Proceedings for applications under this Act, or offences against this Act, are to be dealt with summarily before the Local Court.
s 37: Am 2001 No 121, Sch 2.2; 2007 No 94, Sch 2.
38
Regulations
38 Regulations
38 Regulations
(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.
(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.
(3) The Local Court Rule Committee established under the Local Court Act 2007 may make rules for or with respect to regulating the practice and procedures of the Local Court in proceedings under this Act.
s 38: Am 2007 No 94, Schs 1.1, 7.
39
Savings, transitional and other provisions
39 Savings, transitional and other provisions
39 Savings, transitional and other provisions
Schedule 1 has effect.
s 39: Rep 2003 No 82, Sch 3. Ins 2008 No 72, Sch 2.1 [3].
40
Review of Act
40 Review of Act
40 Review of Act
(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.
(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.
(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.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 39)
sch 1: Rep 2003 No 82, Sch 3. Ins 2008 No 72, Sch 2.1 [4].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Access to Neighbouring Land Act 2000.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
In this Act:
access order means a neighbouring land access order or a utility service access order.
function includes a power, authority or duty.
land includes a stratum of air above or a stratum of soil below the surface of the earth.
neighbouring land access order means an order made under this Act authorising access to adjoining or adjacent land.
owner includes a joint owner or an occupier.
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.
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.
4 Act binds Crown
4 Act binds Crown
4 Act binds Crown
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.
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
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
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
(1) Nothing in this Act:
(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
The jurisdiction to make either order is conditioned on the Local Court being satisfied that access is required for the stated purpose and that it is appropriate in all the circumstances (ss 11(1), 13(1)). The Court must also be satisfied that the applicant has made a reasonable effort to reach agreement with every person whose consent is required (ss 11(2)(a), 13(2)(a)) and that notice has been given in accordance with s 10 unless waived (ss 11(2)(b), 13(2)(b)). Before determining any application the Court must consider two mandatory matters: whether the work cannot be carried out, or would be substantially more difficult or expensive without access, and whether access would cause unreasonable hardship to a person affected (s 15(a)–(b)).
Once made, an access order must specify the land to which access is permitted, the work authorised, the dates and times of access, any conditions imposed under s 16, and the provisions of Division 2 that apply (s 17). Division 2 sets out the default legal effects of an order. Unless the Court varies or dispenses with them, the order authorises the applicant to bring onto the land such persons, materials, plant and equipment as are reasonably necessary, to remove waste, and to remain on the land as required (s 20). The applicant is obliged to restore the land so far as reasonably practicable and to indemnify the owner against damage (s 21). The owner must permit access (s 22).
The Act contains ancillary machinery. Compensation for loss, damage or injury (including to personal property) may be ordered under s 26, but not for loss of privacy or inconvenience suffered solely from the authorised access or the making of the order (s 26(2)). A three-year limitation period applies from the last date on which access occurred (s 26(4)). Costs of the application are prima facie borne by the applicant, but the Court may depart from that rule after considering the parties’ conduct and the reasonableness of any refusal of consent (s 27). Failure to comply with a condition or requirement of an order carries a maximum penalty of 5 penalty units and may also sound in damages (s 28).
The Act expressly does not authorise work requiring separate consents under other legislation, nor access that is prohibited by another Act (s 5). It has no application to land reserved under the National Parks and Wildlife Act 1974 or declared Aboriginal places (s 6). It binds the Crown (s 4) and cannot be contracted out of (s 35). Native title interests are expressly accommodated through mandatory notice requirements that engage the Native Title Act 1993 (Cth) concepts (s 34).
In short, the statute provides a calibrated, court-supervised shortcut around the general rule that an owner is entitled to exclude others from their land, limited to situations of genuine practical necessity and subject to safeguards that protect the burdened owner’s interests.
Who it affects
The Act primarily affects three classes of person: (1) applicants who require access, (2) owners (including occupiers) of land to which access is sought, and (3) persons entitled to use utility services located on land they do not wholly own.
Applicants may be owners of the land on which work is to be carried out (s 7(1)) or persons carrying out work on another’s land with that person’s consent (s 7(2)). The Court may waive the consent requirement if appropriate (s 7(3)). For utility services, any person entitled (solely or jointly) to use a service or proposed service who does not own the whole or part of the land on which it is or will be located may apply (s 8(1)). A single applicant may seek both types of order in one proceeding (s 9).
The definition of “owner” is deliberately wide: it “includes a joint owner or an occupier” (s 3). Consequently mortgagees in possession, lessees and licensees may find themselves both entitled to apply and subject to orders. Successors in title to an owner who has been granted access are automatically bound by the order in the same way as their predecessor (s 23(2)).
Persons entitled to the use of a utility service on land owned by another are both potential applicants (s 8) and persons who must be given notice of any application that would affect their service (s 10(1)(b)). Registered native title bodies corporate, registered native title claimants and representative Aboriginal/Torres Strait Islander bodies are treated as owners for notice and rights purposes where native title may exist (s 34(3)).
The Crown is bound in all its capacities (s 4), but the Act does not apply to national park land or certain Aboriginal areas (s 6). Because an access order does not create an interest in land capable of supporting a caveat (s 23(3)), title holders, purchasers and registered proprietors are indirectly affected through the non-registrable but nevertheless binding nature of the order on successors.
Local Court practitioners, surveyors, arborists, plumbers, electricians and project managers who routinely encounter boundary or service issues are affected in their professional practice. The Act also touches local councils when they act as owners or when their utility infrastructure is involved.
Key duties and rights
Applicants’ rights and duties. An applicant has the right to apply for an order even if an easement could be obtained under s 88K of the Conveyancing Act 1919, but not if access is already obtainable under any other statutory provision (ss 7(4), 8(2)). The applicant must give at least 21 days’ notice to the owner of the land, any other person entitled to use an affected utility service, and any other person the applicant believes will be affected (s 10(1)). The notice must set out the terms of the order sought. The Court may waive or vary the notice requirement (s 10(3)).
Once an order is made, the applicant gains a statutory licence to enter, remain, bring equipment and remove waste (s 20), but is under a mandatory duty to restore the land so far as reasonably practicable (s 21(a)) and to indemnify the owner against damage (s 21(b)). The applicant must comply with every condition of the order (s 28(1)(a)). The applicant bears the costs of the application unless the Court orders otherwise (s 27(1)), and the Court may take into account the reasonableness of any refusal of consent when exercising that costs discretion (s 27(2)(a)).
Owners’ rights and duties. An owner has the right to be heard on any application and to resist it on the grounds set out in s 15. If an order is made, the owner is entitled to the benefit of any conditions the Court imposes under s 16, including conditions directed to minimising loss, damage, inconvenience or loss of privacy, requiring insurance, or providing for reimbursement of reasonable expenses not recoverable as costs (s 16(2)). The owner must, however, permit access in accordance with the order and the Act (s 22). An owner who suffers loss, damage or injury (other than pure loss of privacy or inconvenience) may obtain compensation under s 26. An owner’s successor in title is bound by the order (s 23(2)).
Court’s rights and duties. The Local Court is given a broad discretion to make, vary or revoke orders (ss 11, 13, 16, 24) but is constrained by mandatory prerequisites (reasonable effort to agree, notice) and mandatory considerations (s 15). The Court may impose any condition it considers reasonably necessary (s 16(1)) and may vary or dispense with any of the default Division 2 obligations (s 16(2)(e)). It has power to order compensation at any time while the order is in force or after (s 26(3)), subject to the three-year limitation (s 26(4)).
Native title parties. Where an approved determination of native title exists, the registered native title body corporate must be given notice and enjoys the same rights and obligations as any other owner (s 34(1), (3)). Where native title may exist but has not been determined, notice must go to registered claimants and representative bodies (s 34(2)).
Penalties and enforcement
The only criminal sanction is contained in s 28(1): a person who obtains access under an order, or who is required to give access, must not fail to comply with a condition or requirement of the order or of Division 2 as applied to it. The maximum penalty is 5 penalty units. It is a defence if the other party to the order consented to the non-compliance (s 28(2)).
Enforcement is otherwise civil. The Court may, in addition to any penalty, order payment of damages for breach of a condition or of Division 2 obligations; such an order is enforceable as a Local Court judgment under the Civil Procedure Act 2005 (s 28(3)–(4)). Compensation orders under s 26 are likewise enforceable as judgments (s 26(5)).
Costs of the original application are dealt with under s 27. The default rule that the applicant pays may be displaced after the Court considers the parties’ conduct, including whether refusal of consent was unreasonable (s 27(2)(a)). The 2008 amendments repealed the former paragraph (b) and broadened the residual discretion to “any other matter the Court thinks fit” (s 27(2)(c)).
Proceedings for orders or offences are summary before the Local Court (s 37). Where the amount of compensation or damages exceeds the Local Court’s jurisdictional limit in debt recovery, the proceedings must be transferred to the Land and Environment Court (s 29(1)). That Court may transfer the matter back (s 29(2)) and, while seized of the matter, exercises the same jurisdiction as the Local Court (s 29(4)).
Appeals lie to the Land and Environment Court on a question of law against a decision to grant or refuse an access order (s 31(1)). The appeal must be filed within 30 days (s 31(2)). Either court may suspend the operation of any order pending appeal (s 31(3)) and may later terminate that suspension (s 31(4)).
Questions of law arising in Local Court proceedings may be referred to the Land and Environment Court, which then remits its decision; the Local Court cannot act inconsistently with it (s 30).
How it interacts with other laws
The Act is expressly subordinate to other legislation. Section 5(1) provides that nothing in the Act enables work or activity for which consent or authority is required under another Act without that consent, nor activity prohibited by another Act. An application is barred if the required access is itself prohibited by another Act (s 5(2)).
The statute sits alongside the Conveyancing Act 1919. An applicant may seek an access order even though an easement could be imposed under s 88K, but may not do so if access is already available under any other statutory provision (ss 7(4), 8(2)). An access order does not create an interest in land sufficient to support a caveat under the Real Property Act 1900 (s 23(3)).
Interaction with the National Parks and Wildlife Act 1974 is one of exclusion: the Access to Neighbouring Land Act does not apply to reserved land, historic sites, state conservation areas, regional parks, nature reserves, karst conservation reserves, Aboriginal areas or declared Aboriginal places (s 6).
Native title is accommodated through s 34, which imports the definitions and notice machinery of the Native Title Act 1993 (Cth) and the Native Title (New South Wales) Act 1994. A registered native title body corporate has the same rights and obligations as any other owner (s 34(3)). Service on native title claimants or representative bodies must follow s 103(3) of the Native Title (New South Wales) Act 1994 (s 36(2)).
Jurisdictional overlap with the Land and Environment Court is managed by the transfer and referral provisions in Part 3 (ss 29–31). Compensation and damages proceedings that exceed the Local Court’s monetary limit must be transferred; questions of law may be referred; appeals on questions of law lie to that Court.
The Civil Procedure Act 2005 supplies the enforcement mechanism for compensation and damages orders (ss 26(5), 28(4)) and defines the monetary jurisdiction that triggers mandatory transfer (s 29(1)).
Section 32 deals with joint liability for repair of shared utility services but is expressly subject to any contract with the service provider and to the provisions of any other Act. Section 33 contemplates regulations prescribing model access agreements that may apply rights and obligations under the Act, yet emphasises that parties are not required to use them and that consensual access remains possible outside the Act.
Finally, s 35 voids any contractual term that would prevent or restrict a person from applying for an access order. This overrides earlier agreements and prevents parties from contracting out of the statutory scheme.
Recent changes and why
The Act has been amended on several occasions, each narrowly focused. The 2000 amendments (No 93) adjusted the prohibition on applying where access is available under other Acts (ss 5, 7, 8). The 2006 amendments (No 120) updated references to the Land and Environment Court’s jurisdiction consequent on civil procedure reforms and repealed the former paragraph (b) of s 6.
The most significant changes were made by the Dividing Fences and Other Legislation Amendment Act 2008 (No 72). That Act substituted s 27(1) and (2)(a), removing the former paragraph (b) which had referred to “any other matter it thinks fit” and replacing it with a broader residual discretion while retaining the conduct and reasonableness factors. The substitution was made expressly retrospective to applications filed before the amendment but not so as to disturb prior determinations (Sch 1 cl 2). The 2008 Act also inserted s 39 and Schedule 1 (savings and transitional provisions) and amended s 38 to confer rule-making power on the Local Court Rule Committee.
The 2007 amendments (No 94) were largely technical: they updated references to the Local Court following its reconstitution, adjusted the appeal and referral provisions, and made minor drafting clarifications to ss 7–9, 11, 13, 24, 26–28, 29–31, 37 and 38.
These changes were driven by the need to align the Act with the uniform civil procedure reforms of 2005–2008, to rationalise costs principles in neighbour-dispute legislation (the same amending Act altered the Dividing Fences Act), and to ensure that the statutory review required by s 40 could be informed by a coherent procedural framework. The 2008 costs amendment reflects a legislative judgment that courts should have flexibility to sanction unreasonable refusals of access while still protecting applicants who have behaved responsibly.
The five-year statutory review required by s 40 was to be undertaken after the date of assent (12 May 2000) and the report tabled within 12 months after the end of that period. No further substantive policy expansion has occurred; the amendments have remained procedural and jurisdictional.
Court challenges and controversies
The Act itself contains no reported cases or specific controversies; it is a short, practical statute that has generated little appellate litigation. The text does, however, flag several points of potential contention that have been the subject of judicial or academic comment in analogous access and neighbour-law contexts.
The “reasonable effort to reach agreement” precondition (ss 11(2)(a), 13(2)(a)) raises questions about what constitutes sufficient negotiation. The statute does not prescribe a minimum period or particular steps, leaving the Local Court to assess the matter on the evidence. Disputes can arise as to whether an applicant’s single letter or telephone call satisfies the test, or whether an owner’s outright refusal absolves the applicant from further attempts.
The s 15 mandatory considerations—whether the work cannot be carried out or would be substantially more difficult or expensive without access, and whether access would cause unreasonable hardship—invite balancing exercises that can be fact-sensitive. What counts as “substantially more difficult” is not quantified; similarly, “unreasonable hardship” is not defined and may encompass financial, physical or emotional impacts.
The interaction with native title (s 34) has been a source of procedural caution. The requirement to notify registered claimants and representative bodies where native title may exist, and the deeming of a registered native title body corporate to have the rights and obligations of an owner, can add layers of notice, delay and cost. Service must follow the stricter regime in s 103(3) of the Native Title (New South Wales) Act 1994.
The prohibition on contracting out (s 35) renders void any clause in a contract, lease or easement that seeks to preclude an application for an access order. This has implications for carefully drafted development agreements and boundary treaties that pre-date the Act.
Controversy also surrounds the non-registrable nature of an access order (s 23(3)). A purchaser of the burdened land may discover only after settlement that a successor-in-title obligation exists (s 23(2)), yet the order cannot be caveated. This creates a due-diligence gap.
The 3-year limitation on compensation claims (s 26(4)) runs from the last date on which access occurred, not from the date damage is discovered. This can trap unwary owners who do not realise the extent of damage until after the period has expired.
Finally, the power to vary or dispense with Division 2 obligations (s 16(2)(e)) gives the Court wide latitude but creates uncertainty for parties who must predict at the application stage which of the default restoration, indemnity and owner-permission rules will actually apply.
Gotchas
Most practitioners assume that an access order automatically carries an indemnity and restoration obligation. In fact those obligations only apply “unless the Local Court varies or dispenses with” them (ss 18(2), 19(2)). An inattentive consent order that is silent on the point may inadvertently relieve the applicant of the s 21 duties.
The definition of “owner” includes an occupier (s 3). A tenant or licensee in occupation can therefore be both an applicant and a person bound to permit access. This can produce the surprising result that a residential tenant is required to allow entry onto the leased premises for work on the landlord’s adjacent land.
Section 23(3) states that an access order does not confer an “interest in land” sufficient to support a caveat. Yet s 23(2) binds successors in title. Purchasers’ solicitors who rely solely on a title search may miss an existing order. A prudent conveyancer must make specific inquiries of the vendor about any access orders.
The 21-day notice period in s 10(1) is measured from the lodging of the application. If the application is amended, fresh notice may be required; the Act is silent on this point, leaving it to the Court’s general power under s 10(2) to direct the giving of further notice.
Compensation under s 26 cannot include loss of privacy or inconvenience “solely” resulting from the authorised access or the making of the order (s 26(2)). The word “solely” invites argument about mixed causes of loss. An owner who suffers business interruption that is partly privacy-related and partly physical damage may still recover for the latter.
The Act does not prescribe a form of access order. Section 17 sets out what must be specified, but the Local Court’s practice notes or rules made under s 38(3) should be consulted. An order that omits the applicable Division 2 provisions (s 17(e)) may be defective.
Model agreements contemplated by s 33 have never been prescribed. Parties who rely on the “model form” that was once circulated informally may inadvertently create rights and obligations under the Act that they did not intend.
The prohibition on applying where access “may be obtained or granted under any other provision of an Act” (ss 7(4), 8(2)) is broader than many realise. It is not limited to easements; it catches any statutory right of entry (for example, under environmental or heritage legislation) that could achieve the same practical result.
Finally, the 5-penalty-unit offence in s 28 is rarely prosecuted, yet the civil damages remedy in s 28(3) is enforceable as a judgment. A landowner who simply locks the gate after an order has been made may find themselves liable for damages without ever facing a criminal charge.
How to comply
Pre-application stage. Before filing, the prospective applicant must make a reasonable effort to reach agreement with every person whose consent is required (ss 11(2)(a), 13(2)(a)). This should be documented by correspondence that sets out the proposed scope of work, dates, times, insurance and restoration proposals. Keep a file note of all conversations.
Identify every person who must receive notice under s 10(1): the owner of the land, any other person entitled to use an affected utility service, and anyone else the applicant has reason to believe will be affected. Where native title may exist, comply with s 34 and the service rules in s 36(2).
Prepare draft terms of the order sought, including the precise work, dates, hours, conditions, and a statement that Division 2 applies unless varied.
Making the application. File in the Local Court in the district where the land is situated. Pay the prescribed filing fee. Serve the notice at least 21 days before the hearing date unless the Court has directed otherwise or waived the requirement (s 10). Service may be personal or by post to the last known residence or business (s 36(1)).
If the respondent does not appear, be prepared to prove service and to satisfy the Court of the s 11 or s 13 prerequisites and the s 15 matters.
At the hearing. Lead evidence on the two mandatory considerations in s 15. Address any hardship claimed by the respondent and propose concrete conditions under s 16 (insurance, bond, supervision, confined hours, photographic record of pre-access condition). Be ready to justify why the work cannot reasonably be done without access.
If seeking to dispense with or vary any Division 2 obligation, explain why that is reasonably necessary.
After the order is made. Ensure all persons bound by the order receive a copy. Comply strictly with every condition, including any requirement to take out insurance or to give further notice. Keep a detailed contemporaneous record of entry dates, persons present, equipment used, work performed and condition of the land on departure.
Restore the land on or before the date specified in the order (s 21(a)). If damage occurs, notify the owner promptly and negotiate or pay the indemnity (s 21(b)).
If compensation is likely to be claimed, diarise the three-year limitation from the last date of access (s 26(4)).
If you are the owner receiving notice. Do not ignore the application. File any evidence of hardship or alternative means of carrying out the work. Consider whether a counter-proposal for conditions (insurance, security for restoration, confined access corridor) would make the order acceptable. If the applicant has not made reasonable efforts to agree, put that squarely before the Court.
After the order is made, permit access in accordance with its terms (s 22). Keep your own photographic or video record of the land before, during and after access. If damage occurs, notify the applicant in writing and, if necessary, apply for compensation under s 26 or damages under s 28(3).
Ongoing compliance. Both parties should retain the original order and any variation. If circumstances change, either party may apply under s 24 to vary or revoke the order. A successor in title should obtain a copy of any existing order at the time of purchase.
Where utility services are jointly used, remember the joint-liability rule in s 32: an owner who repairs a shared service may recover a proportionate share from co-users provided the repair was not caused by that owner’s fault and subject to any contract with the service provider.
By following the notice, negotiation and evidence disciplines set out in the Act, both applicants and owners can minimise the risk of adverse costs orders under s 27 and avoid the civil and criminal sanctions in s 28. The statute rewards preparation, reasonableness and meticulous documentation.
Section 5Act does not authorise work or activity regulated by or under other Act and does not authorise access prohibited by or under other Act
(b) enables a person to carry out any work or engage in any activity that is prohibited by or under any other Act.
(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.
s 5: Am 2000 No 93, Sch 1.1 [1].
6 Act does not apply to land under National Parks and Wildlife Act 1974
6 Act does not apply to land under National Parks and Wildlife Act 1974
6 Act does not apply to land under National Parks and Wildlife Act 1974
This Act does not apply to or in respect of the following land under the National Parks and Wildlife Act 1974:
(a) land reserved as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area,
(b) (Repealed)
(c) land declared under that Act to be an Aboriginal place.
s 6: Am 2006 No 120, Sch 2.1 [1].
Part 2 Access orders
Part 2 Access orders
Part 2 Access orders
Division 1 Applications for access orders and making of orders
Division 1 Applications for access orders and making of orders
Division 1 Applications for access orders and making of orders
7 Persons who may apply for a neighbouring land access order
7 Persons who may apply for a neighbouring land access order
7 Persons who may apply for a neighbouring land access order
(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.
(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.
(3) The Local Court may waive the requirement for consent under subsection (2) if it thinks it appropriate to do so in the circumstances.
(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. 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.
s 7: Am 2000 No 93, Sch 1.1 [2]; 2007 No 94, Sch 2.
8 Persons who may apply for a utility service access order
8 Persons who may apply for a utility service access order
8 Persons who may apply for a utility service access order
(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.
(2) A person may apply for a utility service access order even if:
(a) there is an easement or other right of access to the land concerned to carry out the work, or
(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.
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.
s 8: Am 2000 No 93, Sch 1.1 [3]; 2007 No 94, Sch 2.
9 Person may apply for both orders
9 Person may apply for both orders
9 Person may apply for both orders
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.
s 9: Am 2007 No 94, Sch 2.
10 Notice of application for access order to be given to owners of affected land or services
10 Notice of application for access order to be given to owners of affected land or services
10 Notice of application for access order to be given to owners of affected land or services
(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:
(a) to the owner of the land to which access is sought under the application, and
(b) to any other person entitled to the use of any utility service on which work is proposed to be carried out, and
(c) to any other person the applicant has reason to believe will be affected by the order.
(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.
(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.
11 Jurisdiction to make neighbouring land access orders
11 Jurisdiction to make neighbouring land access orders
11 Jurisdiction to make neighbouring land access orders
(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.
(2) The Local Court must not make a neighbouring land access order unless it is satisfied:
(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
(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).
s 11: Am 2007 No 94, Sch 3.
12 Types of work for which neighbouring land access orders may be made
12 Types of work for which neighbouring land access orders may be made
12 Types of work for which neighbouring land access orders may be made
(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:
(a) carrying out work of construction, repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures,
(b) carrying out inspections for the purpose of ascertaining whether any such work is required,
(c) making plans in connection with such work,
(d) ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them,
(e) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted,
(f) replacing any hedge, tree or shrub,
(g) removing, felling, cutting back or treating any hedge, tree or shrub,
(h) clearing or filling in ditches,
(i) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(h).
(2) This section does not limit the kinds of work with respect to land for which a neighbouring land access order may be made.
13 Jurisdiction to make utility service access orders
13 Jurisdiction to make utility service access orders
13 Jurisdiction to make utility service access orders
(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.
(2) The Court must not make a utility service access order unless it is satisfied:
(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
(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).
s 13: Am 2007 No 94, Sch 3.
14 Types of work for which utility service access orders may be made
14 Types of work for which utility service access orders may be made
14 Types of work for which utility service access orders may be made
(1) A utility service access order may be made for one or more of the following purposes:
(a) carrying out work of construction, repair, maintenance, improvement, adjustment or renewal of the utility service,
(b) connecting or disconnecting the service,
(c) carrying out inspections for the purpose of ascertaining whether any such work is required,
(d) making plans in connection with any such work,
(e) carrying out any work that is necessary for, or incidental to, anything referred to in paragraphs (a)–(d).
(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.
15 Matters to be considered by Local Court
15 Matters to be considered by Local Court
15 Matters to be considered by Local Court
Before determining an application for an access order the Local Court is to consider the following matters:
(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,
(b) whether the access would cause unreasonable hardship to a person affected by the order.
16 Conditions of access orders
16 Conditions of access orders
16 Conditions of access orders
(1) The Local Court may specify such conditions in an access order as, in its opinion, are reasonably necessary in the circumstances.
(2) Without limiting subsection (1), the conditions may include the following kinds of conditions:
(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,
(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,
(c) conditions specifying precautions and safeguards,
(d) conditions requiring the taking out of insurance cover by the applicant against such risks, if any, as may be specified,
(e) conditions varying or dispensing with any or all of the provisions of Division 2,
(f) conditions prohibiting or permitting access to a building or part of a building, or any other part of the land,
(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.
17 Form of access orders
17 Form of access orders
17 Form of access orders
An access order is to specify:
(a) the land to which it permits access, and
(b) the work which may be carried out, and
(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
(d) any conditions specified by the Local Court, and
(e) the provisions of Division 2, as applying to the order.
Division 2 Effect of access orders
Division 2 Effect of access orders
Division 2 Effect of access orders
18 General effect of neighbouring land access order
18 General effect of neighbouring land access order
18 General effect of neighbouring land access order
(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.
(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.
19 General effect of utility service access order
19 General effect of utility service access order
19 General effect of utility service access order
(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.
(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.
20 Authority to carry out ancillary activities
20 Authority to carry out ancillary activities
20 Authority to carry out ancillary activities
An access order authorises:
(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
(b) the applicant to bring on, leave on a
This is an opening excerpt, not the complete document.