(1) Except where
otherwise specifically provided by this Act or a relevant Act, entry by or on
behalf of the Minister onto any land, premises or thing shall not be lawful
unless —
(a) the
consent of the owner or occupier has been obtained; or
(b) due
notice under this Act, a relevant Act, or Part 9 of the
Land Administration Act 1997 has been served.
(2) Where due notice
is served pursuant to subsection (1) the Minister may, unless the owner or
occupier or a person authorised by the owner or occupier objects to the
exercise of that power by the Minister, lawfully enter onto any land, premises
or thing notwithstanding that the Minister has not obtained the consent of the
owner or occupier.
(3) The exercise of a
power of entry conferred by this Part shall not be taken to require the
Minister to acquire any interest in any land unless —
(a) the
Minister elects to acquire the interest by agreement; or
(b) the
Minister elects to take an interest under and in accordance with Part 9 of the
Land Administration Act 1997 , as read with this Act; or
(c) the
Minister is required to acquire an interest pursuant to section 81(4) of this
Act or section 176 of the Land Administration Act 1997 .
(4) A notice required
by this Act to be given in relation to any entry shall specify the purpose for
which entry is required and shall continue to have effect for so long as that
requirement subsists, and successive entries for that purpose shall be taken
to be entries to which the notice relates.
[Section 70 inserted: No. 25 of 1985 s. 17;
amended: No. 73 of 1995 s. 42; No. 31 of 1997 s. 137(3) and 142; No. 38 of
2007 s. 114 and 135; No. 25 of 2012 s. 87 and 109.]