Transport Infrastructure Act 1994

This section applies if—

the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and

the activity is not for—

a coordinated project under the State Development and Public Works Organisation Act 1971; or

development categorised under a planning scheme as assessable development for the Planning Act; or

development in a priority development area under the Economic Development Act 2012.

The chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact.

After assessing the impact, the chief executive may decide to do 1 or more of the following—

give the entity a direction about the use of the road to lessen the impact;

require the entity—

to carry out works to lessen the impact; or

to pay an amount as compensation for the impact.

The chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensifies.

The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction.

The regulation mentioned in subsection (1)(a)—

must contain a process under which the chief executive’s decision may be reviewed; and

may contain a process for enforcing the decision.