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.