Access to Neighbouring Land Act 1992 (Tas)

Access to Neighbouring Land Act 1992

An Act to provide for obtaining access to neighbouring land for the purpose of carrying out work and for incidental purposes and to amend the Magistrates Court (Small Claims Division) Act 1989 [Royal Assent 13 November 1992]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Access to Neighbouring Land Act 1992 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – access order means an order authorizing access to land made under section 5 ; the court means – (a) a magistrate; or (b) the Magistrates Court; owner includes occupier; subject land means land in respect of which entry is sought under this Act.

4. Act to bind Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

5. Access orders (1) Where a person – (a) requires entry to land, other than a highway, for the purpose of carrying out work on other land; and (b) the land on which he or she requires entry is adjoining or adjacent to the land in respect of which he or she wishes to carry out the work; and (c) he or she does not have the agreement of another person whose agreement to the entry is required – the first-mentioned person may apply to the court for an order authorizing access to the subject land on such occasions and during such period as may be specified in the order. (2) The court may make an access order if it is satisfied that – (a) the work for which entry is sought is reasonably necessary for the preservation of the land in respect of which the work is to be carried out; and (b) the work cannot be carried out or would be substantially more difficult or expensive to carry out without entry to the land in respect of which entry is sought – but the court must refuse to make an access order if it is satisfied that, notwithstanding any requirement of this Act or any term or condition that may be imposed under the access order, the entry would cause unreasonable hardship to any person affected by the order. (3) The work for which an access order may be made includes – (a) carrying out work of repair, maintenance, improvement, decoration, alteration, adjustment, renewal or demolition of buildings and other structures; and (b) inspection for the purposes of ascertaining whether any such work is required; and (c) making plans in connection with any such work; and (d) ascertaining the course of drains, sewers, pipes or cables and renewing, repairing or clearing them; and (e) ascertaining whether any hedge, tree or shrub is dangerous, dead, diseased, damaged or insecurely rooted; and (f) replacing any hedge, tree or shrub; and (g) removing, felling, cutting back or treating any hedge, tree or shrub; and (h) clearing or filling in ditches; and (i) carrying out any work that is necessary for, or incidental to, any work referred to in paragraphs (a) to (h) , both inclusive. (4) The court must not make an access order unless – (a) the applicant can show that he or she has first served on the owner of the subject land or other person whose agreement to the entry is required a notice describing the work intended to be performed and the conditions that he or she is prepared to accept; and (b) the applicant has made reasonable efforts to reach agreement with that owner or other person regarding any counter proposal relating to that work, any conditions to which those proposals are subject and any modifications to that work or those conditions.