76Removal of pre-existing infrastructure

### 76 Removal of pre-existing infrastructure > > (1)  This section applies if it reasonably appears to the responsible manager in relation to a corridor that any service infrastructure installed on land before the land became land within the corridor – > > > > > > (a) has fallen into disuse or been abandoned; or > > > > > > > (b) has fallen into disrepair or suffered major damage; or > > > > > > > (c) is being operated, either constantly or repeatedly, in an improper or dangerous manner; or > > > > > > > (d) has become obsolete; or > > > > > > > (e) is a threat to the attainment of the corridor safety and use objectives. > > > (2)  If the responsible entity is unknown and cannot be identified or found after reasonably diligent enquiry has been made, the responsible manager may, without notice to any specific person and with or without giving any public notice – > > > > > > (a) remove the service infrastructure; and > > > > > > > (b) render the service infrastructure safe and inoperative, dispose of it or take the other action that the responsible manager thinks fit in the circumstances; and > > > > > > > (c) retain any proceeds of disposal. > > > (3)  If the responsible entity's identity is known, the responsible manager is to give that entity a notice – > > > > > > (a) explaining, in terms of [subsection (1)](#GS75@Gs1@EN) , the nature of the responsible manager's concern with the service infrastructure; and > > > > > > > (b) asking the responsible entity to show cause, within the period specified in the notice, why the responsible manager should not take the action, of a kind referred to in [subsection (2)](#GS76@Gs2@EN) , specified in the notice. > > > (4)  If the responsible entity fails to respond to the notice under [subsection (3)](#GS75@Gs3@EN) satisfactorily or at all, the responsible manager may give the responsible entity a further notice requiring that, within a specified time and in accordance with any specified conditions, the responsible entity remove the service infrastructure, render it safe and inoperative or carry out specified actions in relation to the service infrastructure. > > > (5)  If the responsible entity fails to comply with the further notice under [subsection (4)](#GS75@Gs4@EN) , the responsible manager may – > > > > > > (a) take the actions specified in the notice or any other actions regarding the service infrastructure, including disposal, that the responsible manager considers necessary or expedient for the purposes of attaining the corridor safety and use objectives; and > > > > > > > (b) recover the responsible manager's costs of so doing as a debt due to the responsible manager from the responsible entity; and > > > > > > > (c) retain, if applicable, any proceeds of disposal. > > > (6)  No action lies against the Crown or responsible manager for taking any actions pursuant to [subsection (2)](#GS75@Gs2@EN) or [(5)](#GS75@Gs5@EN) .