40Railway entity to reinstate public road after removing tracks from level crossing

40 Railway entity to reinstate public road after removing tracks from level crossing

(1)  This section applies if a railway entity –

(a) intends to remove any track from a level crossing on a public road; and

(b) does not intend to replace that track.

(2)  The railway entity must give the responsible road authority as much notice of its intention as practicable in the circumstances so that the responsible road authority can, as necessary, adjust traffic signage or take other safety measures near the level crossing.

(3)  After removing the track, the railway entity must reinstate the public road to the requisite standard without delay and at its own cost.

(4)  If it appears to the responsible road authority that the railway entity has failed to discharge its obligation under subsection (3) , the responsible road authority may give the railway entity a notice requiring it to reinstate the public road within 30 days or such longer period as the responsible road authority may allow.

(5)  If the railway entity fails to comply with the responsible road authority's notice –

(a) the responsible road authority may reinstate the public road to the requisite standard; and

(b) any costs reasonably incurred by the responsible road authority in so reinstating the public road are recoverable as a debt due to the responsible road authority from the railway entity.

(6)  For the purposes of this section, a responsible road authority is entitled to assume that a railway entity does not intend to replace track that the railway entity has removed from a level crossing if works to replace the track have not physically commenced, at the level crossing, within 30 days after the date of removal.