Victorian Consolidated Legislation

Road Management Act 2004 - SECT 48EA

Notification by responsible road authority, infrastructure manager or works manager

48EA. Notification by responsible road authority, infrastructure manager or
works manager







(1) A responsible road authority or an infrastructure manager or works manager
must, before exercising a power or performing a duty under this Act on or in
the immediate vicinity of rail infrastructure or rolling stock, notify the
owner or occupier of the land on which the rail infrastructure or rolling
stock is located and any relevant provider of public transport of the intended
exercise of the power or the performance of the duty if the exercise of the
power or performance of the duty will threaten, or is likely to threaten, the
safety of the rail infrastructure or rolling stock.

Penalty: In the case of a natural person, 60 penalty units; In the case of a
body corporate, 300 penalty units.

(2) Notification under this section must be given-

   (a)  in writing; and

   (b)  unless subsection (3) applies, at least 28 days before the proposed
        exercise of the power or the performance of the duty.

(3) If the proposed exercise of the power or the performance of the duty is
due to the existence of an emergency or the requirement to carry out urgent
works, the period of notice should be as much as is reasonably practicable in
the circumstances.

Notes 1. See clause 8 of Schedule 7 for notification requirements in certain
circumstances. 2. There may also be notification obligations which are
relevant under the Rail Safety Act 2006.