sec.36Powers of entry etc.

### sec.36 Powers of entry etc. For the purposes of this Act any member, officer, employee, contractor or agent of the constructing authority or any person authorised by it in that behalf may exercise any of the following powers— enter upon any land, for the purpose of making any inspection, valuation, survey or taking levels; affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same; dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; do all things necessary for the purposes aforesaid. The power to enter upon any land includes power to— re-enter from time to time; and remain upon that land for such time as is necessary to achieve the purpose of the entry; and take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry. When practicable, not less than 7 days notice in writing shall be given to the occupier or, if there is no occupier, the owner of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. Every person who— without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or wilfully obstructs or attempts to obstruct any person acting under the authority of this section; shall be guilty of an offence against this Act and liable to a penalty not exceeding 4 penalty units. The constructing authority shall be liable for compensation for the actual damage (if any), done to the land by reason of the exercise of any power conferred by this section. Subsection (5) applies subject to section 37 (4) . Compensation pursuant to subsection (5) may be claimed and agreed upon or determined as prescribed by section 37 (3) and (5) . s 36 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 19 s 3 sch ; 2003 No. 19 s 3 sch (sec.36-ssec.1) For the purposes of this Act any member, officer, employee, contractor or agent of the constructing authority or any person authorised by it in that behalf may exercise any of the following powers— enter upon any land, for the purpose of making any inspection, valuation, survey or taking levels; affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same; dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; do all things necessary for the purposes aforesaid. (sec.36-ssec.2) The power to enter upon any land includes power to— re-enter from time to time; and remain upon that land for such time as is necessary to achieve the purpose of the entry; and take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry. (sec.36-ssec.3) When practicable, not less than 7 days notice in writing shall be given to the occupier or, if there is no occupier, the owner of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. (sec.36-ssec.4) Every person who— without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or wilfully obstructs or attempts to obstruct any person acting under the authority of this section; shall be guilty of an offence against this Act and liable to a penalty not exceeding 4 penalty units. (sec.36-ssec.5) The constructing authority shall be liable for compensation for the actual damage (if any), done to the land by reason of the exercise of any power conferred by this section. (sec.36-ssec.6) Subsection (5) applies subject to section 37 (4) . (sec.36-ssec.7) Compensation pursuant to subsection (5) may be claimed and agreed upon or determined as prescribed by section 37 (3) and (5) . - (a) enter upon any land, for the purpose of making any inspection, valuation, survey or taking levels; - (b) affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same; - (c) dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; - (d) do all things necessary for the purposes aforesaid. - (a) re-enter from time to time; and - (b) remain upon that land for such time as is necessary to achieve the purpose of the entry; and - (c) take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry. - (a) without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or - (b) wilfully obstructs or attempts to obstruct any person acting under the authority of this section;