AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 45

Division 5 - Provisions of general application Power to inspect land subject to conservation covenant

(1)  Subject to this section, a person who is authorised by the Minister to do so may, at any reasonable time and without any interference from the owner of the land or any other person –
(a) enter on and inspect land that is subject to a conservation covenant; or
(b) enter on and inspect land in respect of which an affected owner has made an application for compensation under section 41 .
(2)  For the purpose of subsection (1) , the authorised person must give reasonable notice of the proposed entry to the owner of the land.
(3)  The Minister and the owner of any land that is subject to a conservation covenant may enter into an agreement in relation to the method of access to that land by an authorised person.
(4)  If an agreement is in force under subsection (3) in relation to any land, the method of access to that land is to be in accordance with the agreement except –
(a) in the case of an emergency; or
(b) if, in the circumstances, the Minister considers that method of access would be unreasonable.
(5)  The Minister is to keep the owner of any land that is subject to a conservation covenant indemnified against any loss, damage or legal liability arising from entry to that land and attributable to any act or omission of the Minister or an authorised person in respect of –
(a) personal injury to, or the death of, any person; or
(b) any damage to property on that land.



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