sec.109AChief executive may enter land to investigate potential rail corridor

### sec.109A Chief executive may enter land to investigate potential rail corridor The chief executive, or someone authorised in writing by the chief executive, may— enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— do anything on the land; or bring anything onto the land; or temporarily leave machinery, equipment or other items on the land. conduct surveys and take soil samples clear vegetation, or otherwise disturb the land, to the extent reasonably necessary construct temporary access tracks using the land or using materials brought onto the land Before land is entered for the first time under subsection (1) , the chief executive must give a written notice to the owner or occupier of the land. The notice must state— the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and the approximate period during which the land is to be entered under subsection (1) ; and the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. The chief executive may enter the land only if— the owner or occupier of the land gives written consent to the entry; or at least 7 days have passed since the notice was given. In this section— land does not include a part of a place where a person resides. s 109A prev s 109A ins 1994 No. 43 s 143 sch 3 (retro) exp 1 October 1994 (see s 109A(2)) AIA s 20A applies (see s 109A(3)) pres s 109A ins 2011 No. 12 s 39 (sec.109A-ssec.1) The chief executive, or someone authorised in writing by the chief executive, may— enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— do anything on the land; or bring anything onto the land; or temporarily leave machinery, equipment or other items on the land. conduct surveys and take soil samples clear vegetation, or otherwise disturb the land, to the extent reasonably necessary construct temporary access tracks using the land or using materials brought onto the land (sec.109A-ssec.2) Before land is entered for the first time under subsection (1) , the chief executive must give a written notice to the owner or occupier of the land. (sec.109A-ssec.3) The notice must state— the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and the approximate period during which the land is to be entered under subsection (1) ; and the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. (sec.109A-ssec.4) The chief executive may enter the land only if— the owner or occupier of the land gives written consent to the entry; or at least 7 days have passed since the notice was given. (sec.109A-ssec.5) In this section— land does not include a part of a place where a person resides. - (a) enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and - (b) to the extent reasonably necessary or convenient for that purpose— (i) do anything on the land; or (ii) bring anything onto the land; or (iii) temporarily leave machinery, equipment or other items on the land. Examples of things the chief executive may do on the land— • conduct surveys and take soil samples • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary • construct temporary access tracks using the land or using materials brought onto the land - (i) do anything on the land; or - (ii) bring anything onto the land; or - (iii) temporarily leave machinery, equipment or other items on the land. - • conduct surveys and take soil samples - • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary - • construct temporary access tracks using the land or using materials brought onto the land - (i) do anything on the land; or - (ii) bring anything onto the land; or - (iii) temporarily leave machinery, equipment or other items on the land. - • conduct surveys and take soil samples - • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary - • construct temporary access tracks using the land or using materials brought onto the land - (a) the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and - (b) a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and - (c) the approximate period during which the land is to be entered under subsection (1) ; and - (d) the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. - (a) the owner or occupier of the land gives written consent to the entry; or - (b) at least 7 days have passed since the notice was given.