39Entry upon certain adjoining lands for specified purposes

### 39 Entry upon certain adjoining lands for specified purposes > *\[Section 39 Subsection (1) amended by No. 35 of 1985, s. 20 \]*[*\[Section 39 Substituted by No. 30 of 2022, s. 6, Applied:30 Nov 2022\]*](/view/html/inforce/2022-11-30/act-2022-030#GS6@EN) > > > (1)  The Minister, or a person authorised by the Minister under [subsection (2)(a)](#GS39@Gs2@Hpa@EN) , may enter upon any land adjoining any road for which the Minister is the road authority, if entry upon that land is necessary for one or more of the following purposes: > > > > > > (a) to take any action necessary to maintain, reconstruct or upgrade the road; > > > > > > > (b) to take any action necessary to monitor and investigate infrastructure and conditions, including subsurface conditions, in respect of the road; > > > > > > > (c) to take any action necessary for the planning, designing or investigating in respect of works to be performed in relation to, or in connection with, the road; > > > > > > > (d) to take any action necessary in respect of the following items on the land that may negatively impact on the condition of the road or the safety of the road or road users: > > > > > > > > > > (i) a building or structure, whether permanent or temporary, other than a place of residence of the owner or occupier of the land; > > > > > > > > > > > (ii) vegetation or land formations, whether natural or man-made. > > > (2)  The Minister may – > > > > > > (a) authorise a person to take an action under [subsection (1)](#GS39@Gs1@EN) as is specified in the authorisation; or > > > > > > > (b) direct the owner, or occupier, of land to take an action under [subsection (1)](#GS39@Gs1@EN) as specified in the direction. > > > (3)  A person entering land, for the purpose of taking an action under this section, must – > > > > > > (a) give notice, in accordance with [subsection (4)](#GS39@Gs4@EN) , to each owner and occupier of the land of – > > > > > > > > > > (i) the intended action to be taken; and > > > > > > > > > > > (ii) the anticipated period during which the action is to be taken; and > > > > > > > (b) give the notice under [paragraph (a)](#GS39@Gs3@Hpa@EN) at least 14 days, or such other prescribed period, before taking the action. > > > (4)  A notice under [subsection (3)(a)](#GS39@Gs3@Hpa@EN) is to be given to an owner or occupier of land – > > > > > > (a) by serving a copy of the notice on the owner or occupier; or > > > > > > > (b) if a valid email address, or other form of communication is known for the owner or occupier, by transmitting a copy of the notice to the owner or occupier by electronic means; or > > > > > > > (c) by displaying, for the duration of the period referred to in [subsection (3)(b)](#GS39@Gs3@Hpb@EN) , a copy of the notice on the land – > > > > > > > > > > (i) in a conspicuous location; and > > > > > > > > > > > (ii) in a manner that enables the information on the notice to be read without trespassing onto the land. > > > (5)  [Subsection (3)](#GS39@Gs3@EN) does not apply in respect of the taking of an action on land under this section if the Minister is satisfied that action must be immediately taken to address an immediate risk to the safety of road users. > > > (6)  A person taking an action under this section in respect of land – > > > > > > (a) must ensure, so far as is possible, the security of the land while the action is taken; and > > > > > > > (b) must make good all damage, or injury, to the land (including, but not limited to, damage or injury to the fences, hedges, ditches, buildings, structures or other things on the land) that occurs as a result of the person taking the action; and > > > > > > > (c) may take onto the land such persons, and equipment, as are necessary to take the action. > > > (7)  [Subsections (3)](#GS39@Gs3@EN) and [(6)](#GS39@Gs6@EN) do not apply to the owner, or occupier, of land that is taking an action under this section as directed by the Minister under [subsection (2)(b)](#GS39@Gs2@Hpb@EN) . > > > (8)  Nothing in this section authorises a person – > > > > > > (a) to fail to comply with this Act, or any other Act, when taking an action under this section; or > > > > > > > (b) to enter a building or structure on land without the consent of the owner, or occupier, of the building or structure.