(1) The access rights may be exercised only if--
(a) the exercise of the rights is needed to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
(b) the following have agreed orally or in writing to the exercise of the rights--
(i) if exercising the rights is likely to have a permanent impact on the land--each owner and the occupier of the land;
(ii) if exercising the rights is unlikely to have a permanent impact on the land--each occupier of the land.
Note--
See also section 388 (Duty to avoid interference in carrying out authorised activities).
(2) An agreement mentioned in subsection (1)(b) is an access agreement.
(3) In this section--
permanent impact, on the land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.
Example of an exercise of the rights that is likely to have a permanent impact--
building a road
Example of an exercise of the rights that is unlikely to have a permanent impact--
opening or closing a gate