Precedence over roads
16 Precedence over roads
Subject to any pre‑existing contract, agreement, understanding or undertaking with a road maintenance authority, the construction, commissioning and maintenance of rail infrastructure takes precedence over roadwork.
The Rail Commissioner may, subject to the approval of the Minister, close a road temporarily or permanently for the purposes of railway operations carried out by the Commissioner.
The Roads (Opening and Closing) Act 1991 applies in relation to the permanent closure of a road under subsection (2), subject to such modifications as may be prescribed by the regulations.
The Rail Commissioner may, subject to the approval of the Minister, by notice in writing, require a council to construct or reconstruct a portion of road within the area of the council so as to conform with the construction, reconstruction or maintenance of rail infrastructure within the council area.
A council must comply with a notice under subsection (4).
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