Transport Infrastructure Act 1994

This section applies if, in relation to local government tollway corridor land, a public utility provider does something mentioned in section 105N(1) (the relevant action)—

without the written agreement of the local government, or the oral agreement of the local government’s chief executive officer, required under section 105N; or

in a way inconsistent with an agreement with the local government or chief executive officer.

The local government may, by written notice given to the public utility provider, require the public utility provider, at the public utility provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.

The time stated in the notice must be a time that is reasonable in the circumstances.

If the public utility provider does not comply with the notice, the local government may arrange for action the local government considers necessary to remedy the relevant action.

The local government’s reasonable expenses in arranging for the action to be carried out is a debt payable by the public utility provider to the local government.