Rail Commissioner Act 2009

The Rail Commissioner or a person authorised by the Commissioner may, for the purposes of this Act, enter railway premises or any other land or premises to perform any of the following functions:

survey or take levels of the premises or land;

probe, bore or sink holes or pits on or in the premises or land or otherwise examine the soil structure of the premises or land;

set out the line of work the Commissioner proposes to undertake under this Act;

do any other thing necessary for the performance of the functions or the exercise of the powers of the Commissioner under this Act.

The powers under this section are exercisable only at a reasonable time of the day and on giving reasonable written notice (being not less than 1 day) to the owner of the premises or land.

Notice under subsection (2) may be given—

by post addressed to the owner at the home or place of business of the owner; or

to any person apparently over the age of 16 years at the home or place of business of the owner.

The Rail Commissioner or a person authorised by the Commissioner must, if exercising powers under this section in relation to railway premises, comply with the reasonable directions of the owner of the premises as to any safety requirements.

If an owner of premises or land suffers loss or damage as a result of the exercise of the powers under this section, the owner is entitled to compensation.

The amount of any compensation will be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Rail Commissioner had entered or temporarily occupied the premises or land as an Authority under Part 5 of that Act.

In this section—

in relation to railway premises—means the person holding accreditation under the Rail Safety National Law (South Australia) Act 2012 as the rail transport operator in relation to those railway premises;

in relation to land or other premises—means a person having an estate or interest (legal or equitable) in the land or land constituting the premises (including a person having an easement, right, power or privilege over, affecting, or in connection with, such land).