Victorian Consolidated Legislation

Transport Act 1983 - SECT 54

Provisions as to proposed developments along the line of the Loop

54. Provisions as to proposed developments along the line of the Loop



(1) Any person who proposes to develop any land along or in the immediate
proximity of the Loop shall before commencing the development and without in
any way limiting his obligation under any other Act to obtain any other
approval or consent submit to Rail Track full details of his proposed
development and shall comply with any conditions imposed by Rail Track which
it thinks may be necessary for the protection of the Loop or the proposed
development.

(2) If in the case of any development there is a breach of subsection (1),
Rail Track may by notice in writing to the owner of the land to which the
breach relates require-

   (a)  the demolition of the whole or any part of any structure;

   (b)  the making of any additions or extensions to or alterations of any
        structure; or

   (c)  the carrying out of any other work upon above or below the surface of
        the land which Rail Track thinks may be necessary for the protection
        of the Loop or the development.



(3) A notice given pursuant to subsection (2) shall specify a day (being,
except in the case of an emergency, not less than 30 days after the day on
which it is given) before which the notice is to be complied with.

(4) If any notice given pursuant to subsection (2) is not complied with by the
day so specified, Rail Track may without any further notice enter upon the
land and carry out the works required by the notice.

(5) The costs and expenses of carrying out any work pursuant to subsection (4)
shall be a civil debt recoverable summarily by Rail Track from the owner of
the land in any court of competent jurisdiction.

(6) Nothing in this section shall limit any rights of Rail Track to have any
development restrained in consequence of a breach of this section or
otherwise.





(7) In this section develop any land means erect or demolish any structure in
or upon the land, alter any such structure substantially or excavate the land.



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