sec.362Interfering with light rail transport infrastructure or works

### sec.362 Interfering with light rail transport infrastructure or works A person must not interfere with light rail transport infrastructure or light rail transport infrastructure works, unless— the person has the written approval of— for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or otherwise—the chief executive; or the interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or the interference is otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units. Subsection (1) applies even if the interference is for the carrying out of functions that apart from subsection (1) are lawful on light rail land that, under division 1 , is taken to be— a road of which a local government has control under the Local Government Act 2009 , section 60 ; or a State-controlled road for provisions of any Act applying to State-controlled roads. An approval under subsection (1) (a) may be given on reasonable conditions. However, a light rail manager for a light rail may give the approval only if the chief executive— has been consulted about the giving of the approval; and has approved all conditions to which the approval is subject. The person given the approval must comply with the conditions of the approval. Maximum penalty—40 penalty units. Subsection (1) does not apply to the carrying out of urgent maintenance of a light rail or light rail transport infrastructure. s 362 ins 2000 No. 40 s 13 amd 2010 No. 19 s 175 ; 2009 No. 17 s 331 sch 1 (sec.362-ssec.1) A person must not interfere with light rail transport infrastructure or light rail transport infrastructure works, unless— the person has the written approval of— for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or otherwise—the chief executive; or the interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or the interference is otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units. (sec.362-ssec.2) Subsection (1) applies even if the interference is for the carrying out of functions that apart from subsection (1) are lawful on light rail land that, under division 1 , is taken to be— a road of which a local government has control under the Local Government Act 2009 , section 60 ; or a State-controlled road for provisions of any Act applying to State-controlled roads. (sec.362-ssec.3) An approval under subsection (1) (a) may be given on reasonable conditions. (sec.362-ssec.4) However, a light rail manager for a light rail may give the approval only if the chief executive— has been consulted about the giving of the approval; and has approved all conditions to which the approval is subject. (sec.362-ssec.5) The person given the approval must comply with the conditions of the approval. Maximum penalty—40 penalty units. (sec.362-ssec.6) Subsection (1) does not apply to the carrying out of urgent maintenance of a light rail or light rail transport infrastructure. - (a) the person has the written approval of— (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or (iii) otherwise—the chief executive; or - (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or - (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or - (iii) otherwise—the chief executive; or - (b) the interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or - (c) the interference is otherwise authorised under this Act or another Act. - (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or - (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or - (iii) otherwise—the chief executive; or - (a) a road of which a local government has control under the Local Government Act 2009 , section 60 ; or - (b) a State-controlled road for provisions of any Act applying to State-controlled roads. - (a) has been consulted about the giving of the approval; and - (b) has approved all conditions to which the approval is subject.