Transport Administration Act 1988

An infrastructure owner or a building owner may, by persons issued with certificates of authority under this Schedule, enter and occupy railway land or a railway building or rail infrastructure facility, or land adjacent to railway land, in accordance with this Schedule for the purpose of exercising its functions including—

to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that the owner considers is necessary or appropriate to any of its rail infrastructure facilities or railway buildings or to construct new rail infrastructure facilities or railway buildings and, for these purposes, to carry out any work on, below or above the surface of the land, and

to ascertain the character and condition of the land or a building or facility to enable the owner to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing to the owner’s rail infrastructure facilities or railway buildings, and

to ascertain the condition or location of any rail infrastructure facilities or railway buildings to enable the owner to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that the owner considers necessary or appropriate to any of its rail infrastructure facilities or railway buildings.

ARTC may, by persons issued with certificates of authority under this Schedule, enter and occupy land adjacent to railway land for the purpose of constructing, extending or expanding new rail infrastructure facilities on the railway land in accordance with an ARTC lease or licence.

Subclause (1)(a) does not permit ARTC to enter railway land or railway buildings or rail infrastructure facilities to construct, extend or expand new rail infrastructure facilities.

Without limiting this clause, the power of entry conferred by it for the purposes referred to in subclause (1) includes the power to enter land for the purpose of carrying out geotechnical surveys with respect to railway land.

Material that has been excavated from railway land for the purposes of this clause may be removed from the land by the infrastructure owner or building owner with the railway land owner’s consent and may be disposed of by the rail infrastructure owner or building owner with the railway land owner’s consent.

Without limiting this clause, the power of entry conferred by it includes the right of the infrastructure owner or building owner to pass or repass unimpeded, with or without vehicles, plant or equipment, over, on or through railway land and railway buildings, rail infrastructure facilities and land adjacent to railway land.

An infrastructure owner or a building owner must, on completion of an inspection or the carrying out of other work referred to in this clause, remove, at its own cost, from the railway land or railway building or rail infrastructure facility all unused stores, materials, construction equipment, rubbish and unused excavated material and portable buildings that it has placed on or in the railway land or railway building or rail infrastructure facility.

However, the infrastructure owner or building owner is not required to remove unused stores, materials, construction equipment or portable buildings that are situated on or in railway land or a railway building or rail infrastructure facility on the commencement of this Schedule.

In this clause—

land that is adjacent to or adjoins land owned or occupied by a rail authority,

land that is adjacent to or adjoins land in or on which—

rail infrastructure facilities are located, or

a railway building is situated, or

an infrastructure owner or a building owner has an interest by way of easements or stratum parcel,

land in or on which rail infrastructure facilities are or a railway building is situated in which an infrastructure owner or a building owner has an interest by way of easements or stratum parcel.

This clause does not apply if the owner of the rail infrastructure facilities or railway building concerned is also the owner of the railway building or railway land or rail infrastructure facility in or on which the facilities or building is situated.