South Australian Consolidated Acts

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HIGHWAYS ACT 1926 - SECT 27F

27F—Power of entry on land

        (1)         In this section—

"owner", in relation to land, means a person having an estate or interest (legal or equitable) in land and includes a person having any easement right power or privilege over affecting or in connection with land.

        (2)         For the purpose of—

            (a)         surveying or taking levels of any land; or

            (b)         probing boring or sinking holes or pits on or in any land or otherwise examining the soil structure of the land; or

            (c)         setting out the line of any work the Commissioner proposes to undertake under this Act; or

            (d)         doing any other thing necessary for the exercise of the powers of the Commissioner under this Act,

the Commissioner or a person authorised in writing by the Commissioner may, upon giving notice in writing to the owner of any land, enter upon the land and perform all or any of the functions specified in the preceding paragraphs of this subsection.

        (3)         Notice under subsection (2) may be given—

            (a)         by post addressed to the owner at the home or place of business of the owner; or

            (b)         to any person apparently over the age of fourteen years at the home or place of business of the owner.

        (4)         If an owner of land suffers loss or damage as a result of the exercise of the powers of the Commissioner under subsection (2) of this section, the owner shall be entitled to compensation.

        (5)         The amount of the compensation will, despite section 29 of this Act, be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Commissioner had entered or temporarily occupied the land as an Authority pursuant to Part 5 of that Act.



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