35Taking of timber, &c., from land

### 35 Taking of timber, &c., from land > *\[Section 35 Amended by 25 Geo. V No. 78 \]* > > > (1)  Any road authority may, after giving 7 days' notice in writing to the owner or occupier thereof, enter upon any uncultivated land and cut down and carry away all such indigenous timber as the road authority may require for making, repairing, or fencing any road, or for any other of the purposes of this Act, and in any such case the road authority shall make full compensation for such timber to the owner of the land. > > > (2)  It shall not be lawful for the road authority in the exercise of its powers under this section to cut down any such indigenous timber where it is made to appear to the satisfaction of the road authority that the same has been, and is intended to be, reserved and used by the owner or occupier of the land for the purpose of ornament or shelter. > > > (3)  The road authority may, after having given such notice as aforesaid, enter upon any land and dig, quarry, and carry away all such materials as it may require for the construction or maintenance of any road, and in any such case the road authority shall make full compensation to all parties interested for the damage thereby sustained. > > > (4)  *\[Section 35 Subsection (4) substituted by No. 24 of 1993, s. 3 and Sched. 1 \]*The compensation payable in respect of the exercise by a road authority of any of the powers conferred by this section is to be determined in the same manner as a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) . > > > (5)  Where any land to be entered under the provisions of this section is fenced, the road authority upon making such entry shall cause a substantial gate to be erected where required to prevent the escape of any stock from such land.