165GPower to install temporary ground supports

165G Power to install temporary ground supports

(1) A project authority or a person authorised in writing by a project authority may enter, temporarily occupy and use any land below ground level for the purpose of an approved project to install, construct and use construction ground supports, or ground stabilisation measures, to temporarily support—

(a) transport or non-transport infrastructure; or

(b) the construction of transport or non-transport infrastructure.

(2) This section authorises the installation, construction and use of construction ground supports or ground stabilisation measures only if—

(a) they are located wholly below ground level once their installation or construction has been completed; and

(b) they will be capable of being removed at the end of the period of temporary occupation without damaging any permanent project infrastructure located on adjoining land.

(3) A project authority, at least 7 days before it enters land for the purposes of this section, must give both the owner and the occupier of the land written notice that specifies—

(a) the nature of the supports or measures to be installed or constructed; and

(b) the general depth and location of the installation or construction; and

(c) the estimated period for which the land will be temporarily occupied under this section.

(4) At the end of the period of temporary occupation under this section, the project authority, or person authorised by the project authority, must give written notice to the owner and occupier of the land—

(a) setting out the location and type of any supports or measures left in any stratum of land below ground level, including a plan or diagram of the supports or measures; and

(b) stating that nothing in this Act prohibits the owner or occupier from removing the supports or measures; and

(c) stating that the owner or occupier may be entitled to claim compensation under this section.

(5) Subject to subsections (6) and (7), if the owner or occupier of the land has—

as a direct, natural and reasonable consequence of the removal of supports or measures installed or constructed under this section, the owner or occupier may claim the amount of that loss or expense from the project authority.

(6) A claim for compensation may be made under subsection (5) only if the supports or measures are removed, and the claim is made, within 2 years after notice was given under subsection (4).

(7) A person is not entitled to compensation under subsection (5) if the whole of the supports or measures are at a depth of 15 metres or more below the surface of land.