The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 5 : Official Policies on, and Declaration, Use and Protection of, National Roads43. Entry upon land |
| (1) | Subject to subsections (2), (3) and (4), a member or employee of the Agency or other person authorised in writing thereto by the Board (hereafter generically called an Agency delegate), may, with the permission of the owner of any land, enter upon that land with the necessary workers, machines, vehicles, equipment, tools, instruments or materials to perform or carry out on, below the surface of or in connection with that land, any investigation, survey, observation or other act necessary for or in connection with the exercise or performance of a power, function or duty conferred or imposed on the Agency by or in terms of this Act. |
| (2) |
| (a) | Where the owner of any land has refused the Agency delegate permission to enter upon that land, the High Court within whose area of jurisdiction that land is situated, may on application by the Agency and subject to paragraph (b), issue an order authorising the Agency delegate to enter upon that land if satisfied, after consideration of the criteria mentioned in section 36(1)(a), (b), (c), (d) and (e) of the Constitution, that entry upon that land by the Agency delegate is reasonably necessary and justifiable in the circumstances. |
| (b) | The provisions of paragraph (a) may not be applied to gain access to any dwelling or any other building on the land in use for residential purposes. However, the occupier of the dwelling or other residential building may agree to the Agency delegate entering it for the purpose of performing or carrying out therein any activity mentioned in subsection (1). |
| (c) | A court order issued in terms of paragraph (a) must specify the purpose for which entry upon the land is authorised, the acts that may be performed or carried out on the land in connection with that purpose and the persons by whom, the means whereby or the manner in which they are to be performed, and may stipulate any conditions with regard thereto. |
| (3) | The Agency must repair or pay for any damage arising from any act performed by or on the authority of the Agency delegate in the exercise of any power conferred by or in terms of this section. |