VICIn ForceAct
EastLink Project Act 2004
174Direction to Freeway Corporation after notice to Minister
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174 Direction to Freeway Corporation after notice to Minister
(1) The Minister, after consultation with the Utility Minister, may give a direction under this section if—
(a) the Freeway Corporation has given the Minister notice under section 172; and
(b) the Minister considers that a delay in relocating or reinstating the Utility infrastructure—
(i) would be contrary to the public interest; or
(ii) would, in all the circumstances, be unreasonable.
(2) A direction under subsection (1)—
(a) may direct the Freeway Corporation to relocate, rectify or otherwise deal with the Utility infrastructure; and
(b) may direct the Freeway Corporation to comply with specified standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of the Utility infrastructure; and
(c) may direct the Freeway Corporation to comply with any safety or technical requirements imposed by law in respect of the carrying out of the required works (including any requirements imposed on the Utility or any other person specified in the direction in respect of those works) that are not inconsistent with the Agreement; and
(d) must direct the Freeway Corporation to take reasonable care and take all reasonable steps to minimise damage to the Utility infrastructure and disruption to the infrastructure services.
(3) If a direction directs the Freeway Corporation, under subsection (2)(b), to comply with specified standards in relation to a matter, those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law.