Air Navigation and Transport (Amendment) Act, 1998

Right of entry on land by company.

19.—(1) Subject to subsection (2), an authorised person may enter on any land, with or without vehicles, for the purpose of—

(a) carrying out on such land a survey, inquiry, investigation or examination preliminary or incidental to the acquisition of such land,

(b) carrying out a survey on any land which adjoins or is in the vicinity of land acquired by the company or the acquisition of which is contemplated by the company,

(c) maintaining buildings or facilities, whether situated on that land or not, provided by the company for the safety and efficiency of air transport,

(d) carrying out on such land any inquiry,* investigation or examination or rendering assistance in the event of an accident or incident involving an aircraft occurring on such land or on land adjoining or in the vicinity of such land, or

(e) enabling the company to carry out any of its functions.

(2) The company shall give reasonable notice to the owner or occupier of land where it is intended that an authorised person shall enter such land for a purpose described at paragraph (a), (b), (c) or (e) of subsection (1).

(3) Where damage to property occurs in the exercise of a power to enter land under this section the company shall pay such compensation in respect of such damage to the owner of the property as it considers reasonable.

(4) Where there is a dispute as to—

(a) whether compensation is payable under this section,

(b) the reasonableness of such compensation, or

(c) the person to whom such compensation is payable,

the matter shall be referred to an arbitrator appointed under the Act of 1919 and be determined by him or her under and in accordance with that Act.