9BPower to enter and make highways

### 9B Power to enter and make highways > *\[Section 9B Inserted by No. 101 of 1957, s. 5 \]* > > > (1)  The Minister may on 14 days' notice to the occupier of any land – > > > > > > (a) by warrant under his official seal authorize persons to enter on that land with or without animals, vehicles, machinery, and plant and there set out and construct roads and other works connected with highways; and > > > > > > > (b) by notice published in the *Gazette* declare any road so constructed together with any land at the side which he intends to be used in connection therewith a highway. > > > (2)  *\[Section 9B Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 \]**\[Section 9B Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 \]*Upon the publication of a notice under [subsection (1)](#GS9B@Gs1@EN) a highway shall for all purposes be deemed to exist accordingly and the Minister shall in the case of land subject to the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) cause – > > > > > > (a) the highway to be registered under [section 112 of the](/view/html/inforce/2026-04-12/act-1980-019#GS112@EN) [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ; or > > > > > > > (b) the land subject to the highway to be purchased or taken under the provisions of the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) – > > > > except where a proclamation under [section 9D](#GS9D@EN) is used to the same end. > > > (3)  The Minister may make compensation for anything done under [subsection (1)](#GS9B@Gs1@EN) and its consequences, but if a person claiming such compensation is dissatisfied with the amount offered by the Minister or with the Minister's delay in making an offer he may by notice in writing require the Minister to purchase or take the land affected and the consideration or compensation payable therefor shall then include compensation for anything so done and its consequences. > > > (4)  The Minister on being required to purchase or take under [subsection (3)](#GS9B@Gs3@EN) may elect to proceed under [section 9D](#GS9D@EN) and compensation shall then be made under that section to include the compensation otherwise specially payable under [subsection (3)](#GS9B@Gs3@EN) . > > > (5)  For the purposes of [subsection (1)](#GS9B@Gs1@EN) notice to the occupier of land – > > > > > > (a) is intended to enable him to do what is necessary for the benefit of his stock or other property and affairs when the entry and construction takes place; > > > > > > > (b) shall be in writing; > > > > > > > (c) may, where the occupier is absent or not a natural person, be given to his manager, overseer, or other person apparently in charge of his affairs in connection with the land; and > > > > > > > (d) where the land is unoccupied may be addressed to "the occupier" without naming him and posted in a conspicuous place on the land, and shall then be deemed to have been given to the occupier of the land. > > > (6)  Where an occupier who receives a notice for the purposes of [subsection (1)](#GS9B@Gs1@EN) occupies as a tenant or licensee he shall forthwith pass on the notice to his landlord or licensor and where that landlord or licensor does not hold immediately of the Crown the same rule shall be followed until the notice reaches the person holding immediately of the Crown.