sec.168Power to require works to stop

### sec.168 Power to require works to stop A person must not, without the chief executive’s written approval, carry out works near a railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity. Maximum penalty—100 penalty units. If— a person is carrying out, or proposes to carry out, works near a railway; and the chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity; the chief executive may give the person a written direction to stop, alter or not to 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 contrary to subsection (1) or a direction under subsection (2) , the chief executive 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 time. 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 chief executive 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. For this section, a person authorised by the chief executive may enter land and inspect works— after giving 3 days written notice to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier; or without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity. This section binds all persons, including the State, the Commonwealth and the other States. s 168 ins 1995 No. 32 s 11 (sec.168-ssec.1) A person must not, without the chief executive’s written approval, carry out works near a railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity. Maximum penalty—100 penalty units. (sec.168-ssec.2) If— a person is carrying out, or proposes to carry out, works near a railway; and the chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity; the chief executive may give the person a written direction to stop, alter or not to start the works. (sec.168-ssec.3) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.168-ssec.4) If works are carried out contrary to subsection (1) or a direction under subsection (2) , the chief executive 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 time. (sec.168-ssec.5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.168-ssec.6) If the person does not comply with the requirement, the chief executive 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.168-ssec.7) For this section, a person authorised by the chief executive may enter land and inspect works— after giving 3 days written notice to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier; or without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity. (sec.168-ssec.8) This section binds all persons, including the State, the Commonwealth and the other States. - (a) a person is carrying out, or proposes to carry out, works near a railway; and - (b) the chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity; - (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 to the land’s owner or occupier; or - (b) with the written agreement of the land’s owner or occupier; or - (c) without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.