21Emergency works access to adjoining land

21 Emergency works access to adjoining land

(1)  This section applies if a railway entity needs access to adjoining land to carry out emergency railway works.

(2)  The railway entity, acting through its railway employees, may access the adjoining land, if necessary without warning or permission, to such extent and for such period as is reasonably necessary to carry out the emergency railway works.

(3)  If the access is effected without warning, the railway entity is to alert the adjoining landholder of the access and the nature of the railway emergency and emergency railway works as soon as practicable.

(4)  In effecting the access, the railway entity may –

(a) call on and use such assistance as the railway entity considers necessary in the circumstances; and

(b) adjust or shut off any machinery, energy supply, water supply or other thing on the adjoining land that, if not adjusted or shut off, is likely to worsen the railway emergency or create a fresh emergency; and

(c) if there is no alternative, make use of anything on the land, other than machinery, that may serve to prevent a worsening of the railway emergency or prevent a fresh emergency; and

(d) open any door, gate, fence or other barrier, if necessary by forcing a lock, latch or chain or by dismantling or removing the barrier.

(5)  However, in effecting the access, the railway entity is to –

(a) cause as little damage and disruption as possible; and

(b) do whatever can be practicably done in the circumstances for the welfare of stock; and

(c) make reasonable enquiry as to whether the adjoining land is subject to any protective protocols and, if so, respect those protocols; and

(d) do whatever can be practicably done in the circumstances to accommodate reasonable concerns of the adjoining landholder.

(6)  Once the access has been effected, section 25 applies.

(7)  Where more than one railway entity accesses adjoining land under this section in respect of the same railway emergency –