13Right to enter land

13 Right to enter land

(1)  A person may enter land owned by another person if –

(a) the person is authorised under subsection (3) to enter the land; and

(b) [Section 13 Subsection (1) amended by No. 29 of 2020, s. 4, Applied:17 Nov 2020] the person has, at least 7 days before the entry –

(i) given notice in writing to the other person; and

(ii) if the person believes there is a lessee in relation to the land, given notice in writing to the lessee –

that the person is intending to enter the land on a day specified in the notice.

(2)  [Section 13 Subsection (2) substituted by No. 29 of 2020, s. 4, Applied:17 Nov 2020] Subsection (1)(b) does not apply in relation to an entry in accordance with –

(a) a notice given for the purposes of section 20(2)(b) ; or

(b) an interim order made under section 33(4) .

(3)  A person is authorised to enter land owned by another person if –

(a) the entry is pursuant to a permission given, pursuant to section 20(2)(c) , in a branch removal notice under section 20(1) ; or

(b) the person has agreed with the other person to carry out work relating to plants or is acting on behalf of a person who has entered into such an agreement; or

(c) the Appeal Tribunal has ordered that work be carried out by the person or a person acting on behalf of the person.

(4)  A person may only enter land under this section if the entry is made at a reasonable time and is made only to the extent necessary to carry out the work for which the entry on the land is required.

(5)  A person is not authorised under this section to enter a dwelling on any land.