126Powers to enter land to construct or maintain works

126 Powers to enter land to construct or maintain works (1) Victorian Rail Track may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works supporting any rail signalling system. (2) Victorian Rail Track may exercise the powers conferred by this section on Victorian Rail Track by any person who is authorised in writing by Victorian Rail Track to do so. (3) Victorian Rail Track must not exercise a power under this section unless— (a) Victorian Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or (4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time. (5) In exercising powers under this section, Victorian Rail Track must— (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; (d) leave the land as nearly as possible in the condition in which Victorian Rail Track found it; (6) If Victorian Rail Track has caused any damage to land while exercising a power under this section, Victorian Rail Track must pay compensation to the owner and any other person with an interest in the land. (7) Compensation under subsection (6)— (a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or (b) if no agreement can be reached, must be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**. S. 127 repealed by No. 61/2011 s. 14, new s. 127 inserted by No. 49/2017 s. 90.