41Liability for forced consequential infrastructure works

41 Liability for forced consequential infrastructure works

(1)  This section applies if –

(a) the person for the time being responsible for any infrastructure (in this section referred to as "the initiating infrastructure authority") repairs, modifies or replaces any of that infrastructure or installs new infrastructure; and

(b) as a direct consequence, another person (in this section referred to as "the affected infrastructure authority") is compelled to install, repair, modify or replace any infrastructure.

(2)  In the absence of an agreement to the contrary between the initiating infrastructure authority and the affected infrastructure authority –

(a) the initiating infrastructure authority is liable for the reasonable costs that the affected infrastructure authority incurs as a result of being compelled to install, repair, modify or replace infrastructure; and

(b) those costs are recoverable as a debt due to the affected infrastructure authority from the initiating infrastructure authority.

(3)  In this section –

compelled means compelled by the operation of any law or standards or by the need to ensure the safety or operability of infrastructure;

infrastructure means rail infrastructure or road infrastructure;

road infrastructure has the same meaning as in Division 4 .