Transport Infrastructure Act 1994

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

The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of light rail transport infrastructure.

However, the person must, if practicable, notify the occupier orally or in writing before entering the land.

If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person—

obtains the written permission of—

each person who is an owner of the land; and

each person who is an occupier of the land; or

gives at least 7 days written notice to the occupier before the entry, occupation or use.

The notice under subsection (4)(b) must state—

all works proposed to be performed; and

all uses proposed to be made of the land; and

details of anything else proposed to be done on the land; and

the approximate period when occupation or use is expected to continue; and

that an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and

if accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.

A notice may be given under this section even though it is proposed to resume the land for light rail transport infrastructure.

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.

Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.