Access to Neighbouring Land Act 2000 (NSW)

Access to Neighbouring Land Act 2000 No 2

An Act to enable courts to make orders permitting access to land by persons not otherwise entitled to that access for the purpose of carrying out work on their own land or carrying out work on utility services on that land, and to provide for the payment of repair and maintenance costs relating to utility services by joint users of services; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Access to Neighbouring Land Act 2000.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: access order means a neighbouring land access order or a utility service access order. function includes a power, authority or duty. land includes a stratum of air above or a stratum of soil below the surface of the earth. neighbouring land access order means an order made under this Act authorising access to adjoining or adjacent land. owner includes a joint owner or an occupier. utility service means a sewerage, drainage, water, gas, electricity or telephone service or other service prescribed by the regulations for the purpose of this definition. utility service access order means an order made under this Act authorising access to land to carry out work on or in connection with a utility service.

4 Act binds Crown This Act binds the Crown in right of New South Wales and also, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

5 Act does not authorise work or activity regulated by or under other Act and does not authorise access prohibited by or under other Act (1) Nothing in this Act: (a) enables a person to carry out any work or engage in any activity for which a consent or other authority must be obtained or granted under any other Act without the required consent or authority, or (b) enables a person to carry out any work or engage in any activity that is prohibited by or under any other Act. (2) A person may not apply for an access order under this Act if access to the land concerned, for the purposes for which access is required, is prohibited by or under another Act.