Transport Infrastructure Act 1994

This section applies if, in relation to light rail land, a public utility provider does something mentioned in section 366(1) (the relevant action)—

without the written or oral agreement of a light rail authority required under section 366; or

in a way inconsistent with an agreement with a light rail authority for the light rail land; or

in a way inconsistent with a regulation about how things mentioned in section 366(1) are to be done.

If this section applies because of subsection (1)(a) or (b), the light rail authority may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.

If this section applies because of subsection (1)(c), the chief executive may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.

The time stated in a notice under subsection (2) or (3) must be a time that is reasonable in the circumstances.

If the provider does not comply with the notice, the light rail authority giving the notice to the provider may arrange for action the authority considers necessary to remedy the relevant action.

The light rail authority’s reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the light rail authority.