34Access to Authority’s infrastructure

#### 34 Access to Authority’s infrastructure 34 Access to Authority’s infrastructure > > (1) This section applies in relation to land— > > > > > (a) on which infrastructure owned or operated by the Authority is located (and includes the land adjoining that land), and > > > > > (b) that is not subject to an agreement for access to the Authority’s infrastructure. > > > (2) The Authority or an authorised officer may enter and occupy land to which this section applies and any building on that land— > > > > > (a) at any time during daylight hours, and > > > > > (b) in the event of an emergency, at any time. > > > (3) The power conferred by this section may be used only for the purpose of obtaining access to the Authority’s infrastructure to carry out works in connection with the infrastructure. > > > (4) The Authority must not exercise a power under this section unless— > > > > > (a) reasonable notice in writing of its intention to exercise the power has been given to the occupier of the land, or > > > > > (b) the Authority forms the opinion the giving of the notice would cause undue delay having regard to the urgency of the reason for exercising the power. > > > (5) Nothing in this section authorises the Authority or an authorised officer— > > > > > (a) to enter or occupy any land or building unless it is reasonably necessary to do so for the purpose of accessing infrastructure owned or operated by the Authority, or > > > > > (b) to enter any part of a building that is used for residential purposes without the consent of the occupier, or > > > > > (c) to occupy a classified road within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) without the consent of Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) or the relevant roads authority. > > **s 34:** Am 2020 No 30, Sch 4.24; 2022 No 20, Sch 1\[2\].