Statute law will override, modify and/or replace common law, to the extent that Parliament intends it. That is the purpose of statute law. If it wasn’t, I am not sure why we would have a Strata Schemes Management Act that says the things it does.
So – trespass is a civil wrong. The Act says that the OC can enter into someone’s lot in certain circumstances. If those circumstances apply, then put simply, there is no trespass, because the Act allows it. That is the purpose of the section. In terms of the Tribunal and/or adjudicators – they are given powers to make certain orders under the Act which includes the power to order that an owner provide access to a lot. That overrides any right the owner may have at common law.
I am not sure what PMC means by if the owner didn’t consent and the CTTT made an order it would still be trespass, that is just plain wrong.