74REntry of person on land to comply with notice

74R Entry of person on land to comply with notice

(1)  A person who is required by a notice to do any work or take any action in, on or under land may enter and remain on the land with necessary vehicles and equipment if –

(a) it is necessary to enter on that land to do that work or take that action; and

(b) subject to subsection (3) , the person has given both the owner and the occupier, not less than 3 days before the person enters on that land, written notification of –

(i) the intention to enter and remain on that land; and

(ii) the reason the person needs to enter and remain on the land; and

(iii) the details of the vehicles and equipment that the person will bring onto that land; and

(iv) the approximate period of time that the person will need to remain on that land.

(2)  A person who has the power to enter and remain on land under subsection (1) may enter on and cross other land with the vehicles and equipment referred to in that subsection if –

(a) it is necessary to do so to gain entry onto that land; and

(b) subject to subsection (3) , the person has given both the owner and the occupier of the other land, not less than 3 days before the person first enters on the other land, written notification of –

(i) the intention to enter on and cross the other land; and

(ii) the reason the person needs to enter on and cross the other land; and

(iii) the details of the vehicles and equipment that the person will bring onto the other land; and

(iv) the approximate times and days when the person will need to enter on and cross the other land.

(3)  If the notice requires the person on whom it is served to do any work or take any action in, on or under land as a matter of urgency, the person may exercise the powers under subsections (1) and immediately after giving to the occupier of the land written notifications which, respectively, include the information referred to in those subsections.