Transport Infrastructure Act 1994

This section applies if a person proposes to enter, occupy or use land under this division.

Before entering someone else’s land to carry out railway works or accommodation works, the person must—

give at least 7 days written notice to the land’s owner or occupier; or

get the written agreement of the land’s owner or occupier to the entry.

The notice must—

state the use intended to be made of the land; and

include a general outline of the intended works; and

state an approximate period when the works are expected to be carried out on the land; and

if accommodation works are proposed to be carried out on the land—state—

details of the things proposed to be done on the land in relation to the proposed accommodation works; and

that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.

The chief executive, an accredited person or a person authorised in writing by the chief executive under section 163(2) need not comply with subsection (2) for maintenance on a road.

The chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.

If urgent remedial action is required, the chief executive or accredited person must give the land’s owner or occupier as much oral notice as is practicable.

If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.