Transport Infrastructure Act 1994

In constructing or managing a railway, the railway manager for the railway may alter the level of a road or require the authority responsible for the road to alter its level.

Unless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level.

A person whose land is directly affected by the alteration is entitled to be paid compensation by the railway manager.

The amount of compensation is—

the amount agreed between the parties; or

if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.

However, the amount of compensation can not be more than the amount that would have been awarded if the land had been acquired.