38Use of substantial fixed infrastructure

### 38 Use of substantial fixed infrastructure > > (1)  Subject to this Division, the corridor manager in relation to a corridor may use, and permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. > > > (2)  The corridor manager in relation to a corridor must notify the Minister before using, or permitting the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. > > > (3)  The Minister, by notice to the corridor manager in relation to a corridor, may refuse to permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. > > > (4)  The Minister, by notice to the corridor manager in relation to a corridor, may permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor, only in accordance with the conditions specified in the notice. > > > (5)  A notice under [subsection (3)](#GS38@Gs3@EN) or [(4)](#GS38@Gs4@EN) takes effect on the day specified in the notice as the day on which the notice comes into effect. > > > (6)  If a notice under [subsection (3)](#GS38@Gs3@EN) in relation to substantial fixed infrastructure has come into effect, the corridor manager in relation to a corridor – > > > > > > (a) must not use, or permit the use of, for a designated recreational use, the infrastructure; and > > > > > > > (b) must take reasonable steps to ensure that the infrastructure is not used by any person; and > > > > > > > (c) must ensure that the infrastructure is not dismantled or damaged, other than by deterioration that has occurred in the ordinary course of the effluxion of time; and > > > > > > > (d) is not required to repair any deterioration of the infrastructure that has occurred in the ordinary course of the effluxion of time; and > > > > > > > (e) if any deterioration of the infrastructure has occurred in the ordinary course of the effluxion of time or the infrastructure is not safe for use, must notify the Minister of the deterioration or that the infrastructure is not safe for use. > > > (7)  If a notice under [subsection (4)](#GS38@Gs4@EN) in relation to substantial fixed infrastructure has come into effect, the corridor manager in relation to a corridor, must not use, or permit the use of, for a designated recreational use, the infrastructure except in accordance with the conditions specified in the notice. > > > (8)  The Minister may, by notice to the corridor manager in relation to a corridor, revoke a notice under [subsection (3)](#GS38@Gs3@EN) or [(4)](#GS38@Gs4@EN) issued to the corridor manager. > > > (9)  A notice under [subsection (8)](#GS38@Gs8@EN) takes effect on the day specified in the notice as the day on which the notice comes into effect.