Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 62

Power to break up roads, etc.

62. Power to break up roads, etc.





(1) Subject to the Road Management Act 2004, a person to which this section
applies-

   (a)  may open and break up, and divert traffic from, any road on or
        adjacent to which there is rail infrastructure or tram infrastructure
        that is operated or maintained by that person; and

   (b)  may take possession of, and use, the whole or any portion of such a
        road.

(2) In exercising a power under subsection (1), a person to which this section
applies-

   (a)  must act reasonably; and

   (b)  must comply with any directions given by the Director in relation to
        the exercise of that power.

(2A) A direction given by the Director under this section must not be
inconsistent with the Road Management Act 2004.

(2B) A direction has no effect to the extent of any inconsistency under
subsection (2A).



(3) A person to which this section applies may exercise its powers under this
section by its officers or employees or by any other person authorised in
writing by it or by the officers or employees of any such person.





(4) This section applies to-



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   (c)  Rail Track;

   (d)  V/Line Passenger Corporation;









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   (f)  train operators;

   (g)  tram operators;

   (h)  a person specified in an Order under subsection (5), subject to any
        terms and conditions specified in that Order.

(5) The Governor in Council, by Order published in the Government Gazette, may
declare that this section applies, on and from a date specified in the Order
and subject to any terms and conditions specified in the Order, to a person
specified in the Order that-

   (a)  is a party to a contract with the Secretary or the Director acting on
        behalf of the Crown for the provision by that person of a passenger
        service; or

   (b)  is a party to a lease with Rail Track or the Secretary or the Director
        acting on behalf of the Crown in relation to any rail infrastructure
        or tram infrastructure owned by Rail Track or the Crown.