TRANSPORT INTEGRATION ACT 2010 - SECT 126 Powers to enter land to construct or maintain works

TRANSPORT INTEGRATION ACT 2010 - SECT 126

    (1)     Victorian Rail Track may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works supporting any rail signalling system.

    (2)     Victorian Rail Track may exercise the powers conferred by this section on Victorian Rail Track by any person who is authorised in writing by Victorian Rail Track to do so.

    (3)     Victorian Rail Track must not exercise a power under this section unless—

        (a)     Victorian Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or

        (b)     the occupier of the land consents to entry to the land; or

        (c)     immediate entry is necessary because of an emergency.

    (4)     A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.

    (5)     In exercising powers under this section, Victorian Rail Track must—

        (a)     cause as little harm and inconvenience as possible;

        (b)     stay on the land only for as long as is reasonably necessary to exercise the power;

        (c)     remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;

        (d)     leave the land as nearly as possible in the condition in which Victorian Rail Track found it;

        (e)     ensure that as little damage as possible is done to the land;

        (f)     co-operate as much as possible with the owner and any occupier of the land.

    (6)     If Victorian Rail Track has caused any damage to land while exercising a power under this section, Victorian Rail Track must pay compensation to the owner and any other person with an interest in the land.

    (7)     Compensation under subsection (6)—

        (a)     may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or

        (b)     if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986 .

S. 127 repealed by No. 61/2011 s. 14, new s. 127 inserted by No. 49/2017 s. 90.