sec.45Power to require works to stop

### sec.45 Power to require works to stop Subsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway’s safety or operational integrity. The Coordinator-General may give the person a written direction to stop, alter or not start the works. The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If works are carried out without an approval under section 44 or contrary to a direction under subsection (2) , the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period. The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If the person does not comply with the requirement, the Coordinator-General may— alter, demolish or take away the works; or alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner. Before giving a direction under subsection (2) or a notice under subsection (4) , the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. For this section, a person authorised by the Coordinator-General may enter land and inspect works— after giving 3 days written notice of the entry to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier to the entry; or without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity. If a person enters land under subsection (8) (c) , the Coordinator-General must give the land’s owner or occupier as much oral notice as is practicable. This section binds all persons, including the State. (sec.45-ssec.1) Subsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway’s safety or operational integrity. (sec.45-ssec.2) The Coordinator-General may give the person a written direction to stop, alter or not start the works. (sec.45-ssec.3) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.45-ssec.4) If works are carried out without an approval under section 44 or contrary to a direction under subsection (2) , the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period. (sec.45-ssec.5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.45-ssec.6) If the person does not comply with the requirement, the Coordinator-General may— alter, demolish or take away the works; or alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner. (sec.45-ssec.7) Before giving a direction under subsection (2) or a notice under subsection (4) , the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. (sec.45-ssec.8) For this section, a person authorised by the Coordinator-General may enter land and inspect works— after giving 3 days written notice of the entry to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier to the entry; or without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity. (sec.45-ssec.9) If a person enters land under subsection (8) (c) , the Coordinator-General must give the land’s owner or occupier as much oral notice as is practicable. (sec.45-ssec.10) This section binds all persons, including the State. - (a) alter, demolish or take away the works; or - (b) alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner. - (a) after giving 3 days written notice of the entry to the land’s owner or occupier; or - (b) with the written agreement of the land’s owner or occupier to the entry; or - (c) without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.