Land And Conveyancing Law Reform Act 2009

46.

Terms and conditions of works orders.

46.— (1) Subject to subsection (3) , a works order shall authorise the carrying out of the works specified, on such terms and conditions (including those necessary to comply with section 44 ) as the court thinks fit in the circumstances of the case.

(2) Without prejudice to the generality of subsection (1) , a works order may—

( a) authorise the building owner, and that owner’s agents, employees or servants, to enter on an adjoining owner’s building or unbuilt-on land for any purpose connected with the works,

( b) require the building owner to indemnify or give security to the adjoining owner for damage, costs and expenses caused by or arising from the works or likely so to be caused or to arise.

(3) A works order shall not authorise any permanent interference with, or loss of, any easement of light or other easement or other right relating to a party structure.