54Provisions as to proposed developments along the line of the Loop

54 Provisions as to proposed developments along the line of the Loop S. 54(1) amended by Nos 44/1989 s. 40(Sch. 1 items 12, 16), 104/1997 s. 33(1)(2). (1) Any person who proposes to develop any land along or in the immediate proximity of the Loop shall before commencing the development and without in any way limiting his obligation under any other Act to obtain any other approval or consent submit to Rail Track full details of his proposed development and shall comply with any conditions imposed by Rail Track which it thinks may be necessary for the protection of the Loop or the proposed development. S. 54(2) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1). (2) If in the case of any development there is a breach of subsection (1), Rail Track may by notice in writing to the owner of the land to which the breach relates require— (a) the demolition of the whole or any part of any structure; (b) the making of any additions or extensions to or alterations of any structure; or S. 54(2)(c) amended by Nos 44/1989 s. 40(Sch. 1 item 12), 104/1997 s. 33(2). (c) the carrying out of any other work upon above or below the surface of the land which Rail Track thinks may be necessary for the protection of the Loop or the development. (3) A notice given pursuant to subsection (2) shall specify a day (being, except in the case of an emergency, not less than 30 days after the day on which it is given) before which the notice is to be complied with. S. 54(4) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1). (4) If any notice given pursuant to subsection (2) is not complied with by the day so specified, Rail Track may without any further notice enter upon the land and carry out the works required by the notice. S. 54(5) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1). (5) The costs and expenses of carrying out any work pursuant to subsection (4) shall be a civil debt recoverable summarily by Rail Track from the owner of the land in any court of competent jurisdiction. S. 54(6) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1). (6) Nothing in this section shall limit any rights of Rail Track to have any development restrained in consequence of a breach of this section or otherwise. (7) In this section ***develop any land*** means erect or demolish any structure in or upon the land, alter any such structure substantially or excavate the land. S. 55 amended by Nos 44/1989 s. 22, 54/2001 s. 25(Sch. item 1.33), repealed by No. 74/2007 s. 81.