sec.50Ancillary works and encroachments

### sec.50 Ancillary works and encroachments The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road. A person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct— is approved in writing by the chief executive; or conforms to requirements stated in a notice made by the chief executive under subsection (4) ; or is done as required by a written arrangement entered into with the chief executive; or is approved under this Act, other than this section; or is permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government. ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66 Maximum penalty—200 penalty units. A person may apply to the chief executive for an approval mentioned in subsection (2) (a) . See part 10 for general provisions about the application. For the purpose of subsection (2) (b) , the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice. The chief executive must publish a notice made under subsection (4) on the department’s website. An approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive. In this section— arrangement includes an agreement, contract, deed, lease and permit. s 50 amd 1995 No. 9 s 92 sch 1 ; 1999 No. 42 s 54 (3) sch pt 3 ; 2000 No. 6 s 13 ; 2007 No. 41 s 248 ; 2010 No. 19 s 194 ; 2012 No. 43 s 325 sch 2 sub 2019 No. 25 s 67 (sec.50-ssec.1) The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road. (sec.50-ssec.2) A person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct— is approved in writing by the chief executive; or conforms to requirements stated in a notice made by the chief executive under subsection (4) ; or is done as required by a written arrangement entered into with the chief executive; or is approved under this Act, other than this section; or is permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government. ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66 Maximum penalty—200 penalty units. (sec.50-ssec.3) A person may apply to the chief executive for an approval mentioned in subsection (2) (a) . See part 10 for general provisions about the application. (sec.50-ssec.4) For the purpose of subsection (2) (b) , the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice. (sec.50-ssec.5) The chief executive must publish a notice made under subsection (4) on the department’s website. (sec.50-ssec.6) An approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive. (sec.50-ssec.7) In this section— arrangement includes an agreement, contract, deed, lease and permit. - (a) is approved in writing by the chief executive; or - (b) conforms to requirements stated in a notice made by the chief executive under subsection (4) ; or - (c) is done as required by a written arrangement entered into with the chief executive; or - (d) is approved under this Act, other than this section; or - (e) is permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government. Example for paragraph (e) — ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66