Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 5, Chapter 3 – Assistance for applicants and others

Sections 53 and 54: Rights of entry and Crown land

123. Section 53 provides that the Commission may authorise a person to enter a particular piece of land, in order to survey or take levels in connection with:

• an application for an order granting development consent, which has been accepted by the Commission; or

• an order granting development consent that includes authorisation for the compulsory purchase of land, or an interest in or right over land.

124. The Commission may also authorise a person to enter a particular piece of land in connection with a proposed application for an order granting development consent, but only if the proposed applicant:

a)

is considering a distinct project of real substance requiring entry onto the land;

b)

is likely to seek authority to compulsorily acquire the land, or an interest in or right over land; and

c)

has complied with the consultation requirements in section 42.

125. Subsection (5) of section 53 makes it an offence wilfully to obstruct an authorised person who is exercising a right of entry.

126. Subsection (7) of section 53 provides that the person entering land under this section is liable to pay compensation for any damage caused.

127. Section 54 modifies the rights of entry in relation to Crown land.