(1) A responsible road authority or an infrastructure S. 48EA(1) amended by manager or works manager must, before No. 17/2009 exercising a power or performing a duty under s. 21. 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. 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— S. 48EA(2) inserted by No. 17/2009 (a) in writing; and s. 20(1). (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 S. 48EA(3) inserted by performance of the duty is due to the existence of No. 17/2009 an emergency or the requirement to carry out s. 20(1). urgent works, the period of notice should be as much as is reasonably practicable in the circumstances. Notes to Notes s. 48EA(3) 1 See clause 8 of Schedule 7 for notification amended by No. 22/2013 requirements in certain circumstances. s. 70. 2 There may also be notification obligations which are relevant under the Rail Safety (Local Operations) Act 2006 and the Rail Safety National Law (Victoria).
S. 48EA(1) amended by No. 17/2009 s. 21. (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. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 48EA(2) inserted by No. 17/2009 s. 20(1). (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. S. 48EA(3) inserted by No. 17/2009 s. 20(1). (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 to s. 48EA(3) amended by No. 22/2013 s. 70. 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 (Local Operations) Act 2006 and the Rail Safety National Law (Victoria).
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