39Corridor manager's responsibilities in relation to substantial fixed infrastructure

### 39 Corridor manager's responsibilities in relation to substantial fixed infrastructure > > (1)  The corridor manager in relation to a corridor must take all reasonable steps to ensure that substantial fixed infrastructure that is used for a designated recreational use on the corridor is safe to be so used. > > > (2)  If substantial fixed infrastructure, situated on a corridor, that is intended by the corridor manager to be used for a designated recreational use is not safe to be so used and is not infrastructure to which a notice under [section 38(3)](#GS38@Gs3@EN) relates, the corridor manager in relation to the corridor must – > > > > > > (a) take reasonable steps to ensure that the infrastructure is not used by any person until it is safe to be used; and > > > > > > > (b) notify the Minister that the infrastructure is not safe to be so used; and > > > > > > > (c) seek the approval of the Minister under [section 41(3)](#GS41@Gs3@EN) to the carrying out of the works necessary to ensure the infrastructure is safe to be used, unless the infrastructure is a bridge or elevated road to which [section 85(2)(b)](#GS85@Gs2@Hpb@EN) applies; and > > > > > > > (d) if the approval of the Minister under [section 41(3)](#GS41@Gs3@EN) to the carrying out of the works necessary to ensure the infrastructure is safe to be used is obtained, carry out those works. > > > (3)  If the corridor manager determines that substantial fixed infrastructure situated on a corridor is not to be used for a designated recreational use, the corridor manager – > > > > > > (a) must take reasonable steps to ensure that the infrastructure is not used by any person; and > > > > > > > (b) 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 > > > > > > > (c) is not required to repair any deterioration of the infrastructure that has occurred in the ordinary course of the effluxion of time; and > > > > > > > (d) 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. > > > (4)  If the Minister receives a notice under [subsection (2)(b)](#GS39@Gs2@Hpb@EN) or [subsection (3)(d)](#GS39@Gs3@Hpd@EN) in relation to substantial fixed infrastructure situated on a corridor, a person acting on behalf of the Crown may enter the corridor and take the action on the corridor that is necessary to repair the infrastructure.