New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 60

60 Powers of entry of association

(1) An association may, by its servants, agents or contractors, enter any part of the community, precinct or neighbourhood parcel--

(a) to exercise its powers under section 58 or 59, or

(b) to do any work ordered by an Adjudicator or the Tribunal, or

(c) to renew or replace its personal property or any fixtures that are part of its association property.

(2) An association may, by its servants, agents or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the association in accordance with this Act.

(2A) In an emergency, the association may enter any part of the parcel for those purposes at any time.

(2B) In a case that is not an emergency, the association, may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of an Adjudicator.

(3) A person who obstructs or hinders an association in the exercise of its powers under this section is guilty of an offence.

: Maximum penalty--2 penalty units.

(4) An association is liable for any damage to a development lot, neighbourhood lot or strata lot, or its contents, caused by, or arising from--

(a) the carrying out of work under section 58 or 59, or

(b) the exercise of the powers conferred by this section.

(5) Subsection (4) does not apply in relation to damage that would not have occurred but for the commission of an offence under subsection (3), whether or not there has been a conviction for the offence.