sec.113Rail feasibility investigator’s authority

### sec.113 Rail feasibility investigator’s authority An authority must be in writing stating the following— the area to which it applies; the purpose for which it is granted; when it expires; any conditions that may be imposed on the authority. lodging a bond with the chief executive or taking out insurance An authority authorises the investigator and associated persons— to enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— to do anything on the land; or to bring anything onto the land; or to temporarily leave machinery, equipment or other items on the land. to conduct surveys and take soil samples to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary to construct temporary access tracks using the land or using materials brought onto the land The grant of an authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. An investigator or associated person must comply with each condition of the investigator’s authority, unless the investigator or associated person has a reasonable excuse. Maximum penalty for subsection (4) —200 penalty units. s 113 ins 1998 No. 43 s 9 (sec.113-ssec.1) An authority must be in writing stating the following— the area to which it applies; the purpose for which it is granted; when it expires; any conditions that may be imposed on the authority. lodging a bond with the chief executive or taking out insurance (sec.113-ssec.2) An authority authorises the investigator and associated persons— to enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— to do anything on the land; or to bring anything onto the land; or to temporarily leave machinery, equipment or other items on the land. to conduct surveys and take soil samples to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary to construct temporary access tracks using the land or using materials brought onto the land (sec.113-ssec.3) The grant of an authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor. (sec.113-ssec.4) An investigator or associated person must comply with each condition of the investigator’s authority, unless the investigator or associated person has a reasonable excuse. Maximum penalty for subsection (4) —200 penalty units. - (a) the area to which it applies; - (b) the purpose for which it is granted; - (c) when it expires; - (d) any conditions that may be imposed on the authority. Example of conditions— lodging a bond with the chief executive or taking out insurance - (a) to enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and - (b) to the extent reasonably necessary or convenient for that purpose— (i) to do anything on the land; or (ii) to bring anything onto the land; or (iii) to temporarily leave machinery, equipment or other items on the land. - (i) to do anything on the land; or - (ii) to bring anything onto the land; or - (iii) to temporarily leave machinery, equipment or other items on the land. - (i) to do anything on the land; or - (ii) to bring anything onto the land; or - (iii) to temporarily leave machinery, equipment or other items on the land. - • to conduct surveys and take soil samples - • to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary - • to construct temporary access tracks using the land or using materials brought onto the land