Transport Infrastructure Act 1994

A public utility provider may do the following things on light rail 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 each light rail authority for the light rail land agrees in writing.

A light rail authority 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 light rail land without the written agreement of each light rail authority for the light rail land, but only if the provider—

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

whether or not each authority’s oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out.

Building or altering public utility plant does not affect the ownership of the plant.