Transport Infrastructure Act 1994

This section applies if—

a licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and

the licensee has obtained an approval from each responsible entity for the area.

Subject to a condition of the licensee’s operational licence or an agreement between the licensee and the State, the infrastructure remains the licensee’s property despite—

the attaching of the infrastructure to the area; or

an approval condition.

However, an approval condition may provide for—

if the State agrees—the disposal of the infrastructure to the State on reasonable terms if the licensee no longer holds an operational licence for the infrastructure; or

if the State and licensee agree—someone else to own or acquire the infrastructure.