Act for Promotion of Private Participation in Infrastructure Projects Article 23

Where a private institution hereunder needs to make a site survey, exploration, or to perform engineering work or maintenance work on the government and/or privately owned land or buildings, it may, after obtaining approval of the authority-in-charge and giving a thirty (30) days prior notice to the owner, the possessor, the user or the administrator of such government and/or privately owned land or buildings, have access to or use such land or buildings. The owner, the possessor, the user or the administrator of such land or buildings shall not refuse to provide such access or use. Notwithstanding the above, in case of emergency where a delay is likely to jeopardize major public interest, the private institution may enter or use such land or buildings without following the procedures mentioned above.When the private institution hereunder enters or uses the privately owned land or buildings in accordance with the preceding paragraph, it shall invite the local police to attend the scene.If any damages or losses are caused as a result of the entry or use of the land or buildings under the first paragraph, reasonable compensation for such damages or losses incurred shall be given. If there is any dispute on the amount of such compensation and such a dispute cannot be settled though amicable negotiations of the parties, the case shall be referred to the authority-in-charge for a final decision. The compensation thereof shall be included into the costs of the infrastructure project concerned.