QLDIn ForceAct
Transport Infrastructure Act 1994
sec.164Entry to land by notice or with approval
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### sec.164 Entry to land by notice or with approval
This section applies if a person proposes to enter, occupy or use land under this division.
Before entering someone else’s land to carry out railway works or accommodation works, the person must—
give at least 7 days written notice to the land’s owner or occupier; or
get the written agreement of the land’s owner or occupier to the entry.
The notice must—
state the use intended to be made of the land; and
include a general outline of the intended works; and
state an approximate period when the works are expected to be carried out on the land; and
if accommodation works are proposed to be carried out on the land—state—
details of the things proposed to be done on the land in relation to the proposed accommodation works; and
that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.
The chief executive, an accredited person or a person authorised in writing by the chief executive under section 163 (2) need not comply with subsection (2) for maintenance on a road.
The chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.
If urgent remedial action is required, the chief executive or accredited person must give the land’s owner or occupier as much oral notice as is practicable.
If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.
s 164 ins 1995 No. 32 s 11
amd 2022 No. 19 s 9
(sec.164-ssec.1) This section applies if a person proposes to enter, occupy or use land under this division.
(sec.164-ssec.2) Before entering someone else’s land to carry out railway works or accommodation works, the person must— give at least 7 days written notice to the land’s owner or occupier; or get the written agreement of the land’s owner or occupier to the entry.
(sec.164-ssec.3) The notice must— state the use intended to be made of the land; and include a general outline of the intended works; and state an approximate period when the works are expected to be carried out on the land; and if accommodation works are proposed to be carried out on the land—state— details of the things proposed to be done on the land in relation to the proposed accommodation works; and that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.
(sec.164-ssec.4) The chief executive, an accredited person or a person authorised in writing by the chief executive under section 163 (2) need not comply with subsection (2) for maintenance on a road.
(sec.164-ssec.5) The chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.
(sec.164-ssec.6) If urgent remedial action is required, the chief executive or accredited person must give the land’s owner or occupier as much oral notice as is practicable.
(sec.164-ssec.7) If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.
- (a) give at least 7 days written notice to the land’s owner or occupier; or
- (b) get the written agreement of the land’s owner or occupier to the entry.
- (a) state the use intended to be made of the land; and
- (b) include a general outline of the intended works; and
- (c) state an approximate period when the works are expected to be carried out on the land; and
- (d) if accommodation works are proposed to be carried out on the land—state— (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.
- (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and
- (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.
- (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and
- (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.