sec.75Construction etc. of railways, obstruction of access right

### sec.75 Construction etc. of railways, obstruction of access right For supply of cane to a mill, a mill owner or a person authorised by the mill owner may— construct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and use on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary. However, subsection (1) (a) applies— in relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or in relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 . Transport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments) A person may apply to the Land Court for an order restraining anyone else from obstructing or attempting to obstruct the applicant’s use of an access right or a right under subsection (1) . The court may make the order sought on the conditions it considers appropriate. A person who suffers loss or damage because another person obstructs or attempts to obstruct the person’s use of the person’s access right or right under subsection (1) may recover the amount of the loss or damage as a debt from the other person. s 75 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2008 No. 22 s 27 ; 2009 No. 17 s 331 sch 1 (sec.75-ssec.1) For supply of cane to a mill, a mill owner or a person authorised by the mill owner may— construct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and use on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary. (sec.75-ssec.2) However, subsection (1) (a) applies— in relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or in relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 . Transport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments) (sec.75-ssec.3) A person may apply to the Land Court for an order restraining anyone else from obstructing or attempting to obstruct the applicant’s use of an access right or a right under subsection (1) . (sec.75-ssec.4) The court may make the order sought on the conditions it considers appropriate. (sec.75-ssec.5) A person who suffers loss or damage because another person obstructs or attempts to obstruct the person’s use of the person’s access right or right under subsection (1) may recover the amount of the loss or damage as a debt from the other person. - (a) construct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and - (b) use on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary. - (a) in relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or - (b) in relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 . Editor’s note— Transport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments)