sec.44Approval to carry out works near the railway

### sec.44 Approval to carry out works near the railway A person must not, without the Coordinator-General’s written approval, carry out works near the railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity. The Coordinator-General may give the person a written approval if the Coordinator-General reasonably believes the works do not threaten, or are not likely to threaten, the railway’s safety or operational integrity. However, before giving an approval under this section the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. It is declared that the Coordinator-General’s approval under this section does not affect any requirement under another Act that the person must comply with to carry out the works. This section binds all persons, including the State. (sec.44-ssec.1) A person must not, without the Coordinator-General’s written approval, carry out works near the railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity. (sec.44-ssec.2) The Coordinator-General may give the person a written approval if the Coordinator-General reasonably believes the works do not threaten, or are not likely to threaten, the railway’s safety or operational integrity. (sec.44-ssec.3) However, before giving an approval under this section the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. (sec.44-ssec.4) It is declared that the Coordinator-General’s approval under this section does not affect any requirement under another Act that the person must comply with to carry out the works. (sec.44-ssec.5) This section binds all persons, including the State.