sec.10Works which trust may undertake or maintain

### sec.10 Works which trust may undertake or maintain A trust— may undertake or maintain any works for the purpose of achieving the object of this Act, other than works the chief executive directs the trust not to undertake or maintain; and must undertake or maintain any works the chief executive directs the trust to undertake or maintain for the purpose of achieving the object of this Act; and must comply with any direction the chief executive gives the trust about the undertaking or maintenance of works under paragraph (a) or (b) . Subsection (1) does not operate to exempt a trust from complying with any law providing for how the undertaking or maintenance must be performed. Also, for undertaking or maintaining works, including for designing and for any subsequent monitoring, a trust must obtain advice from suitably qualified persons to ensure intended outcomes for the works are achieved, including, for example, the effective mitigation of loss or damage intended to be achieved by the works. A trust must, for each financial year, give the chief executive a report about its undertaking and maintenance of works in the financial year. The power of the trust to undertake works includes, but without limiting the ordinary meaning of that term, power to construct, establish, carry out, manage, or control the works concerned. Without limiting section 7 (2) , the trust may enter into contracts for or with respect to the undertaking or maintenance of any works. A trust may enter into an agreement (a trust agreement ) with any person having an interest in land about any matter necessary to allow the trust to effectively undertake or maintain works directly or indirectly associated with the land. Subject to the trust agreement, the obligations under the agreement on an owner of the land, or on another person who holds a registered interest in the land, attach to the land and bind the successors in title of the owner or other person. The trust may give the registrar of titles notice of the trust agreement and the registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the relevant land will show— the existence of the agreement; and the terms of the agreement. If the trust agreement is cancelled, as soon as practicable after the cancellation— the trust must give the registrar notice of the cancellation; and the registrar must remove the particulars of the agreement from the registrar’s records. The chief executive or any person authorised in writing by the chief executive in that behalf or any member of a trust or any of its officers or employees authorised in writing on that behalf by the trust may enter upon any land— where an emergency exists, forthwith; in any other case, upon 7 days notice in writing being given to the owner or occupier of that land; for the purpose of— examining whether any of the provisions of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or is being contravened; making any plan or survey or taking levels; making any inspection or examination; otherwise in or for carrying out any of the powers, duties or authorities conferred or imposed upon the trust by or pursuant to this or any other Act. The power to enter land under subsection (7) includes power, to the extent reasonably necessary to achieve the purpose of entry— to take on to the land any persons, vehicles, materials and equipment; and to stay on the land. s 10 amd 1959 8 Eliz 2 No. 27 ss 4, 10; 1959 8 Eliz 2 No. 71 s 4; 1965 No. 34 s 7 ; 1968 No. 40 s 3 ; 1985 No. 111 s 5 ; 1992 No. 15 s 13 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 78 s 101 ; 2000 No. 26 s 12 sch 1 ; 2013 No. 23 s 190 ; 2014 No. 64 s 37 ; 2016 No. 60 s 4 (sec.10-ssec.1) A trust— may undertake or maintain any works for the purpose of achieving the object of this Act, other than works the chief executive directs the trust not to undertake or maintain; and must undertake or maintain any works the chief executive directs the trust to undertake or maintain for the purpose of achieving the object of this Act; and must comply with any direction the chief executive gives the trust about the undertaking or maintenance of works under paragraph (a) or (b) . (sec.10-ssec.2) Subsection (1) does not operate to exempt a trust from complying with any law providing for how the undertaking or maintenance must be performed. (sec.10-ssec.2A) Also, for undertaking or maintaining works, including for designing and for any subsequent monitoring, a trust must obtain advice from suitably qualified persons to ensure intended outcomes for the works are achieved, including, for example, the effective mitigation of loss or damage intended to be achieved by the works. (sec.10-ssec.2B) A trust must, for each financial year, give the chief executive a report about its undertaking and maintenance of works in the financial year. (sec.10-ssec.3) The power of the trust to undertake works includes, but without limiting the ordinary meaning of that term, power to construct, establish, carry out, manage, or control the works concerned. (sec.10-ssec.4) Without limiting section 7 (2) , the trust may enter into contracts for or with respect to the undertaking or maintenance of any works. (sec.10-ssec.5) A trust may enter into an agreement (a trust agreement ) with any person having an interest in land about any matter necessary to allow the trust to effectively undertake or maintain works directly or indirectly associated with the land. (sec.10-ssec.6) Subject to the trust agreement, the obligations under the agreement on an owner of the land, or on another person who holds a registered interest in the land, attach to the land and bind the successors in title of the owner or other person. (sec.10-ssec.6A) The trust may give the registrar of titles notice of the trust agreement and the registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the relevant land will show— the existence of the agreement; and the terms of the agreement. (sec.10-ssec.6B) If the trust agreement is cancelled, as soon as practicable after the cancellation— the trust must give the registrar notice of the cancellation; and the registrar must remove the particulars of the agreement from the registrar’s records. (sec.10-ssec.7) The chief executive or any person authorised in writing by the chief executive in that behalf or any member of a trust or any of its officers or employees authorised in writing on that behalf by the trust may enter upon any land— where an emergency exists, forthwith; in any other case, upon 7 days notice in writing being given to the owner or occupier of that land; for the purpose of— examining whether any of the provisions of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or is being contravened; making any plan or survey or taking levels; making any inspection or examination; otherwise in or for carrying out any of the powers, duties or authorities conferred or imposed upon the trust by or pursuant to this or any other Act. (sec.10-ssec.8) The power to enter land under subsection (7) includes power, to the extent reasonably necessary to achieve the purpose of entry— to take on to the land any persons, vehicles, materials and equipment; and to stay on the land. - (a) may undertake or maintain any works for the purpose of achieving the object of this Act, other than works the chief executive directs the trust not to undertake or maintain; and - (b) must undertake or maintain any works the chief executive directs the trust to undertake or maintain for the purpose of achieving the object of this Act; and - (c) must comply with any direction the chief executive gives the trust about the undertaking or maintenance of works under paragraph (a) or (b) . - (a) the existence of the agreement; and - (b) the terms of the agreement. - (a) the trust must give the registrar notice of the cancellation; and - (b) the registrar must remove the particulars of the agreement from the registrar’s records. - (a) where an emergency exists, forthwith; - (b) in any other case, upon 7 days notice in writing being given to the owner or occupier of that land; - (c) examining whether any of the provisions of this Act or any requisition, notice or order issued pursuant to this Act is being complied with or is being contravened; - (d) making any plan or survey or taking levels; - (e) making any inspection or examination; - (f) otherwise in or for carrying out any of the powers, duties or authorities conferred or imposed upon the trust by or pursuant to this or any other Act. - (a) to take on to the land any persons, vehicles, materials and equipment; and - (b) to stay on the land.