64NPowers to enter land to construct or maintain works

64N Powers to enter land to construct or maintain works S. 64N(1) amended by No. 49/2019 s. 75. (1) The Head, Transport for Victoria may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works in the performance of its functions. S. 64N(2) amended by No. 49/2019 s. 75. (2) The Head, Transport for Victoria may exercise the powers conferred by this section on the Head, Transport for Victoria by any person who is authorised in writing by the Head, Transport for Victoria to do so. S. 64N(3) amended by No. 49/2019 s. 75. (3) The Head, Transport for Victoria must not exercise a power under this section unless— S. 64N(3)(a) amended by No. 49/2019 s. 75. (a) the Head, Transport for Victoria 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. S. 64N(5) amended by No. 49/2019 s. 75. (5) In exercising powers under this section, the Head, Transport for Victoria 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; S. 64N(5)(d) amended by No. 49/2019 s. 75. (d) leave the land as nearly as possible in the condition in which the Head, Transport for Victoria found it; S. 64N(6) amended by No. 49/2019 s. 75. (6) If the Head, Transport for Victoria has caused any damage to land while exercising a power under this section, the Head, Transport for Victoria 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. 64O inserted by No. 3/2017 s. 3.