Removal of railway track on public roads that extend between parts of corridor
84 Removal of railway track on public roads that extend between parts of corridor
If a part of a public road extends between parts of a corridor, the corridor manager must ensure that any railway track on the part of the public road is, as soon as practicable, removed and the part of the public road reinstated.
The corridor manager may ensure the removal of any railway track on a public road and the reinstatement of the part of the public road by – entering into an arrangement with the responsible road authority for the road authority to remove the railway track and to reinstate the public road to the requisite standard; or removing the railway track and reinstating the public road to the requisite standard, at the corridor manager's own cost.
An arrangement with a responsible road authority under subsection (2)(a) may require the corridor manager to pay to the authority the cost of removing the railway track and of reinstating the public road to the requisite standard.
The corridor manager must give the responsible road authority as much notice of the corridor manager's intention to have any railway track on a part of a public road removed as is practicable in the circumstances, so that the responsible road authority can, as necessary, adjust traffic signage or take other safety measures near the part of the road.
If it appears to the responsible road authority that the corridor manager has failed to discharge the corridor manager's obligation under subsection (1) to ensure the reinstatement of a part of a public road, the responsible road authority may give the corridor manager a notice requiring the corridor manager to ensure the reinstatement of the part of the public road within 30 days or a longer period that the responsible road authority may allow.
If the corridor manager fails to comply with the responsible road authority's notice – the responsible road authority may reinstate the part of the public road to the requisite standard; and any costs reasonably incurred by the responsible road authority in so reinstating the part of the public road are recoverable as a debt due to the responsible road authority from the corridor manager.
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