392. Access in absence of an agreement.

Where, in respect of any access land1:

  1.  

    (1)     it appears to the access authority2 that:

    1.  

      (a)     the opening up, improvement or repair of any means of access to the land3;

    2.  

      (b)     the construction of any new means of access to the land4; or

    3.  

      (c)     the maintenance of any means of access to the land5,

  2.  

    (2)     is necessary for giving the public reasonable access to that land, or to other access land, in pursuance of the right of public access6; and

  3.  

    (3)     the access authority is satisfied that it is unable to conclude on reasonable terms an agreement7 with the