93Right of occupier of adjoining land to access corridor in emergency

93 Right of occupier of adjoining land to access corridor in emergency

(1)  In this section –

emergency action includes, but is not limited to including, the following:

(a) the rounding-up of runaway stock;

(b) combating or averting a fire, flood or chemical hazard;

(c) the urgent repair of fencing, structures or embankments that have sustained sudden, unforeseen damage;

(d) the retrieval of structures or materials that have been dislodged by storm action, illegal interference or other causes;

(e) the retrieval of broken down vehicles or agricultural machinery.

(2)  An adjoining landholder in relation to adjoining land that is used for manufacturing, processing, or primary production, an employee of such an adjoining landholder, and any person acting on behalf of such an adjoining landholder, may access the corridor and carry out emergency action on the corridor.

(3)  A person who accesses a corridor under subsection (1) must –

(a) make a reasonable attempt to ensure that the responsible manager is notified, in person, by telephone or by electronic means, of –

(i) the actual or estimated time of access and how long the person will remain on the corridor for the purpose of carrying out the emergency action; and

(ii) where the person will access the corridor; and

(iii) emergency contact details of the person; and

(iv) the particulars of the emergency action that is required; and

(v) any hazards or risks associated with the emergency action and the emergency to which the emergency action relates; and

(b) take account of any safety warnings, or restrictions on the carrying out of the emergency action, given by the responsible manager or a person acting on behalf of the responsible manager, after receiving notice under paragraph (a) ; and