91Routine works access to adjoining land – without permission

### 91 Routine works access to adjoining land – without permission > > (1)  This section applies if – > > > > > > (a) a responsible manager needs access to adjoining land to carry out routine works but the adjoining landholder – > > > > > > > > > > (i) cannot, despite the responsible manager's best endeavours, be contacted; or > > > > > > > > > > > (ii) is, for any reason, incapable of permitting the access; or > > > > > > > > > > > (iii) has, despite the responsible manager's reasonable request, unreasonably refused to permit the access; or > > > > > > > > > > > (iv) has imposed such stringent conditions on the access that the routine works would be unreasonably expensive, time-consuming or difficult to carry out or could not be carried out safely, properly or at all; or > > > > > > > (b) a responsible manager is unable to complete routine works because an adjoining landholder has unreasonably withdrawn permission for the responsible manager to access adjoining land. > > > (2)  The responsible manager – > > > > > > (a) may apply to a justice for a warrant to access the land for the purposes of carrying out or, as the case may be, completing the routine works; but > > > > > > > (b) must give the adjoining landholder at least 5 clear days' notice of the responsible manager's intention to make the application or, if [subsection (1)(a)(i)](#GS91@Gs1@Hpa@Hqi@EN) applies, make a reasonable attempt to give such notice. > > > (3)  The justice may issue the warrant if satisfied on reasonable grounds that – > > > > > > (a) the routine works are necessary for the attainment of the corridor safety and use objectives; and > > > > > > > (b) there is no feasible, safe or cost-effective way of carrying out or, as the case may be, completing the routine works except by accessing the adjoining land; and > > > > > > > (c) the responsible manager will exercise the right of access responsibly; and > > > > > > > (d) the responsible manager has complied with [subsection (2)(b)](#GS91@Gs2@Hpb@EN) .