Surat Basin Rail (Infrastructure Development and Management) Act 2012

Subsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway’s safety or operational integrity.

The Coordinator-General may give the person a written direction to stop, alter or not start the works.

The person must comply with the direction, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.

If works are carried out without an approval under section 44 or contrary to a direction under subsection (2), the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period.

The person must comply with the requirement, unless the person has a reasonable excuse.Maximum penalty—100 penalty units.

If the person does not comply with the requirement, the Coordinator-General may—

alter, demolish or take away the works; or

alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.

Before giving a direction under subsection (2) or a notice under subsection (4), the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.

For this section, a person authorised by the Coordinator-General may enter land and inspect works—

after giving 3 days written notice of the entry to the land’s owner or occupier; or

with the written agreement of the land’s owner or occupier to the entry; or

without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.

If a person enters land under subsection (8)(c), the Coordinator-General must give the land’s owner or occupier as much oral notice as is practicable.

This section binds all persons, including the State.