Transport Infrastructure Act 1994

A public utility provider may do the following things on local government tollway corridor land—

build, replace or take away, or alter, other than for maintenance or repair, its public utility plant;

maintain or repair, or alter, for maintenance or repair, its public utility plant;

take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.

However, the public utility provider may do things mentioned in subsection (1) only with the written agreement of the local government for whom the declaration of the local government tollway corridor land was made.

The local government must not unreasonably withhold agreement.

However, the local government may impose conditions on the agreement—

to ensure the safety of persons doing things mentioned in subsection (1); or

to require persons doing things mentioned in subsection (1) to undergo training.

Despite subsection (2), a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on local government tollway corridor land without the written agreement of the local government.

However, the public utility provider may carry out urgent maintenance under subsection (5) only if the public utility provider—

makes all reasonable attempts to obtain the oral agreement of the chief executive officer of the local government to the carrying out of the maintenance; and

whether or not the chief executive officer’s oral agreement is obtained, acts as quickly as possible to advise the local government of the details of the maintenance being carried out.

Building or altering public utility plant under subsection (1)(a) does not affect the ownership of the public utility plant.