Victorian Consolidated Legislation

Road Management Act 2004 - SECT 48EB

Notification by works contractor

48EB. Notification by works contractor







(1) A works contractor must, before carrying out works 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 intention to carry out the
works if the carrying out of the works 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
        carrying out of the works.

(3) If the proposed carrying out of the works 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.