(1)  An applicant for an access order may apply to the court for an order for substituted service of a notice under section 5(4)(a) of the Access to Neighbouring Land Act 1992 if the owner of the subject land, or other person whose agreement to the entry on the subject land is required, cannot be found.

(2)  An application for an order for substituted service is to be –

(a) in writing; and

(b) supported by an affidavit setting out particulars of the applicant's efforts to find –

(i) the owner of the subject land; or

(ii) another person whose agreement to the entry on the subject land is required.

(3)  The court may make an order for substituted service if satisfied that the applicant cannot find the owner of the subject land, or other person whose agreement to the entry on the subject land is required, despite making a reasonable attempt to do so.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 16 October 2024

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) provide for the substituted service of a notice under section 5(4)(a) of the Access to Neighbouring Land Act 1992 if the owner of the subject land, or other person whose agreement to the entry on the land is required, cannot be found; and

(b) are made consequentially on the repeal of the Access to Neighbouring Land Regulations 2014 under section 11 of the Subordinate Legislation Act 1992 .