78Clearing obstructions to line of sight

78 Clearing obstructions to line of sight

(1)  This section applies if a responsible manager in relation to a corridor reasonably considers that –

(a) any fence, sign or vegetation on adjoining land is obstructing a line of sight in respect of the corridor; and

(b) the obstruction poses a genuine risk to the safety of persons on the corridor or on a road.

(2)  The responsible manager may give the adjoining landholder a notice (in this section referred to as a clearance notice) requiring the adjoining landholder to clear the obstruction by –

(a) modifying the fence or sign or trimming the vegetation; or

(b) if necessary, relocating or removing the fence, sign or vegetation.

(3)  The clearance notice is to allow the adjoining landholder a reasonable period, of at least 21 days, in which to clear the obstruction.

(4)  The responsible manager may, by the clearance notice or otherwise, offer the adjoining landholder help in clearing the obstruction.

(5)  If the adjoining landholder fails for any reason to comply with the clearance notice, the responsible manager may apply to a justice for a warrant to access the land to clear the obstruction.

(6)  The justice may issue the warrant if satisfied on reasonable grounds that –

(a) the fence, sign or vegetation in question is obstructing a line of sight in respect of a corridor; and

(b) the obstruction poses a genuine risk to the safety of persons on the corridor or on a road; and

(c) a clearance notice given in respect of the obstruction has not been complied with; and

(d) the responsible manager has received no indication that the adjoining landholder is likely to clear the obstruction within, in terms of the level of risk, a reasonable time; and

(e) there are no countervailing heritage, environmental or other considerations to which the relevant safety considerations ought to be subordinated.