165HObligations in relation to exercise of powers

165H Obligations in relation to exercise of powers

(1) In exercising powers under this Subdivision, a project authority or a person authorised by a project authority must—

(a) cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(b) remain on the land only for the period that is reasonably necessary; and

(c) use all reasonable endeavours to co-operate with the owner and occupier of the land.

(2) Subject to subsection (3), after the exercise of powers under this Subdivision in relation to any land, a project authority or a person authorised by a project authority must—

(a) remove from the land on the completion of the entry or occupation of the land all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land; and

(b) except as otherwise agreed with the owner or occupier of the land, replace any fence or other structure demolished under section 165D(2)(j) with a fence or other structure—

(i) of the same function; and

(ii) of at least the same standard; and

S. 165H (2)(b)(ii) renumbered as s. 165H (2)(b)(iii) by No. 48/2024 s. 44(4).

(iii) in the same location or in another location if it is impracticable to replace it in the same location because of the approved project or works constructed for the approved project; and

(c) otherwise leave the land, as nearly as possible, in the condition in which it was immediately before the land was entered or occupied.

(3) Despite subsection (2)—

(a) anything constructed under section 165D(2)(h) may be left in place, if it was constructed to service a use of the land that will continue after the end of the period of temporary occupation; and

(b) any works carried out under section 165D(2)(i) may be left in place, if the works were not intended to be temporary and would not, if left in place, prevent or significantly interfere with the use of the land for the purpose for which it was used immediately before the temporary occupation; and

(c) any supports or measures installed or constructed under section 165G may be left in place; and

(d) anything else may be left in place with the agreement of the owner or occupier of the land; and

(e) the land may otherwise be left in a condition as agreed with the owner or occupier of the land.

S. 165I inserted by No. 43/2021 s. 190.