New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 120

120 Entry on to land

(1) An irrigation corporation may, by its employees and agents, enter land within its area of operations for any one or more of the following purposes--

(a) to install, operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that the corporation considers are necessary or appropriate to any of its water management works or to construct new water management works and, for these purposes, to carry out any work on, below or above the surface of the land,

(b) to read a meter that--

(i) measures water supplied by the corporation, or

(ii) monitors drainage for quantity or quality or both,

(c) to find the source of pollution of water within the area of operations of the corporation,

(d) to ascertain whether a water supply contract or other contract for the provision of services by the corporation is being breached,

(e) to rectify defective or improper work that has not been rectified by a customer in accordance with a notice served by the corporation on the customer under a water supply contract or other contract,

(f) to ascertain the character and condition of the land or any building on the land, or the condition and location of any pipe, sewer, drain, channel or fitting or other work used in connection with the land or building, so as to enable the corporation--

(i) to install, operate, repair, replace, maintain, remove, extend, expand, connect, disconnect or improve its systems and services, or

(ii) to construct new water management works,

in accordance with the obligations imposed on it by its operating licence,

(g) to carry out any investigation or inspection, take levels, drill test bore-holes, make surveys and marks, and fix pegs and stakes, for the purpose of determining the site of any proposed water management work.

(2) An irrigation corporation must ensure that as little damage as possible is caused by the exercise of powers under this section and must repair any damage caused or pay compensation for the damage.

(3) The powers of entry conferred by this section are not to be exercised for a purpose referred to in subsection (1) (a), (f) or (g) without prior notice to the occupier of the land.

(4) A person must not threaten, hinder, obstruct or delay any person in the exercise of an irrigation corporation's functions under this section.

: Tier 2 penalty.