Victorian Consolidated Legislation

Road Management Act 2004 - SECT 48EC

Notification by rail operator

48EC. Notification by rail operator



(1) A rail operator must, before exercising a power or performing a duty under
this Act on or in the immediate vicinity of a road authority's road
infrastructure, notify that road authority 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 road infrastructure.

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.