20Fencing obligations of Rail Infrastructure Owner

20 Fencing obligations of Rail Infrastructure Owner

(1)  This section applies if, as a result of railway works carried out by or on behalf of the Rail Infrastructure Owner or a railway accident –

(a) a dividing fence is damaged; or

(b) a dividing fence is destroyed; or

(c) a dividing fence has to be dismantled; or

(d) a dividing fence has to be moved (with or without being dismantled); or

(e) a new, unfenced, boundary is formed between the rail network and any adjoining land.

(2)  The Rail Infrastructure Owner must, as soon as practicable and in any event no later than 30 days after the railway works are completed and at its own cost –

(a) repair the fence if subsection (1)(a) applies; or

(b) replace the fence with one of at least the same standard if subsection (1)(b) applies; or

(c) reinstate the fence (and carry out any necessary refurbishment of the fence) if subsection (1)(c) applies; or

(d) move the fence (if necessary by carrying out any necessary dismantling and reassembly of the fence) if subsection (1)(d) applies; or

(e) erect a suitable dividing fence along the unfenced boundary if subsection (1)(e) applies.

(3)  If the Rail Infrastructure Owner fails to discharge its obligation under subsection (2) , the adjoining landholder may give the Rail Infrastructure Owner a notice requiring it to carry out the necessary fencing work within 30 days or such longer period as the adjoining landholder may allow.

(4)  If the Rail Infrastructure Owner fails to comply with the adjoining landholder's notice –

(a) the adjoining landholder may carry out the necessary fencing; and

(b) any costs reasonably incurred by the adjoining landholder in carrying out that fencing are recoverable as a debt due to the adjoining landholder from the Rail Infrastructure Owner.