Transport Infrastructure Act 1994

A public utility provider may do the following things on busway 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 provider may do things mentioned in subsection (1) only if the chief executive agrees in writing.

The chief executive must not unreasonably withhold agreement.

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 busway land without the written agreement of the chief executive, but only if the provider—

makes all reasonable attempts to obtain the chief executive’s oral agreement to the carrying out of the maintenance; and

whether or not the chief executive’s oral agreement is obtained, acts as quickly as possible to advise the chief executive 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 plant.