QLDIn ForceAct
Transport Planning and Coordination Act 1994
sec.28AFNotice of entry
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### sec.28AF Notice of entry
This section applies if the owner of benefited land is entitled to enter the burdened land under section 28AE .
Before exercising the right of entry, the owner of the benefited land must give the owner of the burdened land reasonable notice in writing of—
the owner’s intention to enter the burdened land; and
details of the inspection or the maintenance, change or replacement to be carried out.
However, if in the circumstances, urgent maintenance, change or replacement is required (because the structure has been destroyed, for example) and it is impractical to give a notice under subsection (2) —
the owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and
as soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.
s 28AF ins 2014 No. 43 s 113
(sec.28AF-ssec.1) This section applies if the owner of benefited land is entitled to enter the burdened land under section 28AE .
(sec.28AF-ssec.2) Before exercising the right of entry, the owner of the benefited land must give the owner of the burdened land reasonable notice in writing of— the owner’s intention to enter the burdened land; and details of the inspection or the maintenance, change or replacement to be carried out.
(sec.28AF-ssec.3) However, if in the circumstances, urgent maintenance, change or replacement is required (because the structure has been destroyed, for example) and it is impractical to give a notice under subsection (2) — the owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and as soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.
- (a) the owner’s intention to enter the burdened land; and
- (b) details of the inspection or the maintenance, change or replacement to be carried out.
- (a) the owner of the benefited land may exercise the right of entry without giving the notice to carry out the urgent maintenance or replacement; and
- (b) as soon as practicable after the entry, the owner of the benefited land must give the owner of the burdened land written notice of the entry and details of the maintenance or replacement carried out.