Rail Infrastructure Act 2007

This section applies if a railway entity other than a Rolling Stock Operator reasonably considers that – any fence, sign or vegetation on adjoining land is obstructing a line of sight in respect of the rail network; and the obstruction poses a genuine risk to the safety of the rail network or to road users or other persons.

The railway entity may give the adjoining landholder a notice (in this section referred to as a "clearance notice") requiring the adjoining landholder to clear the obstruction by, as circumstances require – modifying the fence or sign or trimming the vegetation; or if necessary, relocating or removing the fence, sign or vegetation.

The clearance notice is to allow the adjoining landholder a reasonable period, of at least 21 days, in which to clear the obstruction.

The railway entity may, by the clearance notice or otherwise, offer the adjoining landholder help in clearing the obstruction.

If the adjoining landholder fails for any reason to comply with the clearance notice, the railway entity may apply to a justice for a warrant to access the land to clear the obstruction.

The justice may issue the warrant if satisfied on reasonable grounds that – the fence, sign or vegetation in question is obstructing a line of sight in respect of the rail network; and the obstruction poses a genuine risk to the safety of the rail network or to road users or other persons; and a clearance notice given in respect of the obstruction has not been complied with; and the railway entity has received no indication that the adjoining landholder is likely to clear the obstruction within, in terms of the level of risk, a reasonable time; and there are no countervailing heritage, environmental or other considerations to which the relevant safety considerations ought to be subordinated.

The warrant may be issued on such conditions as the justice considers appropriate.

Without limiting this, the conditions may – require the railway entity to meet specified notification or other requirements before exercising the right of access; and provide for the adjoining land to be fenced or otherwise secured so as to maintain the adjoining landholder's level of protection as regards trespass and, if applicable, loss of stock.

The warrant authorises the railway entity, acting through its railway employees, to access the adjoining land and, causing as little damage and disruption as possible, clear the obstruction specified in the warrant in the way specified in the warrant.

In effecting the access and clearing the obstruction, the railway entity – may call on and use such assistance as it considers necessary or expedient in the circumstances; and must, whether or not they are mentioned in the warrant, respect all protective protocols of which it has notice.

Once access has been effected pursuant to the warrant, section 25 applies.

The railway employee in charge of executing the warrant for the railway entity must produce it for inspection if asked to do so by the adjoining landholder.

The warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.

The date specified in the warrant pursuant to subsection (13) is to be a date falling no later than 3 months after the warrant is issued.

Any costs reasonably incurred by the railway entity in clearing the obstruction pursuant to the warrant are recoverable as a debt due to the railway entity from the adjoining landholder.

For a restricted Railway Infrastructure Manager, this section applies only in respect of its part of the rail network.

In this section – fence incudes screen and free-standing wall; line of sight, in respect of the rail network, means – a view that, for safety and operational purposes, a train driver needs to have of railway tracks ahead or of vehicles approaching or traversing a railway crossing; and a view that, for personal safety, road users need to have of trains approaching or traversing a railway crossing; sign includes the pole, hoarding or other structure on which the sign is displayed.