Transport Infrastructure Act 1994

A person must not, without the chief executive’s written approval, carry out works on land if the works threaten, or are likely to threaten, the safety or operational integrity of transport infrastructure.

If—

a person is carrying out, or proposes to carry out, works on land; and

the chief executive reasonably believes the works threaten, or are likely to threaten, the safety or operational integrity of transport infrastructure;

The person must comply with the direction, unless the person has a reasonable excuse.

If works are carried out contrary to subsection (1) or a direction under subsection (2), the chief executive may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable time.

The person must comply with the requirement, unless the person has a reasonable excuse.

If the person does not comply with the requirement, the chief executive may—

alter, demolish or take away the works; or

alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.

For this section, a person authorised by the chief executive may enter land and inspect works—

after giving 3 days written notice to the land’s owner or occupier; or

with the written agreement of the land’s owner or occupier; or

without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the safety or operational integrity of the transport infrastructure.

This section binds all persons, including the State, the Commonwealth and the other States.

In this section—