State Transport (People Movers) Act 1989

If at any time a people mover system is no longer in use for the carriage of passengers and, in the chief executive’s opinion, it is not likely to be so used within a reasonable time, the chief executive may, by writing under its official seal, require the person who is then the owner of the system to demolish and remove the system and restore the ground surface to a condition acceptable to the chief executive within a time specified in the writing.

If within the time so specified the chief executive’s requisition has not been complied with, the chief executive may, with the approval of the Governor in Council first obtained, cause the structures of the people mover system to be demolished and the materials resulting from the demolition to be sold or otherwise disposed of as the chief executive considers to be practicable and for those purposes the chief executive may, by its agents and servants—

enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and

do all things necessary to effect the demolition, sale and disposal.

The chief executive is competent to pass good title in the sale or disposal of materials resulting from the demolition.

The proceeds of a sale of materials resulting from demolition shall be applied as follows—

firstly in payment of the expenses of the sale;

secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures;

thirdly in payment of the costs of demolition;

fourthly in payment of any balance to the owner of the structures demolished.

The chief executive may recover by action in a court of competent jurisdiction from the owner of structures demolished under subsection (2) any amount of costs of demolition for which the chief executive has not been recouped from the proceeds of sale of the demolition material, as a debt due and owing to the chief executive by the owner.