Victorian Numbered Acts Victorian Numbered ActsAfter Division 1 of Part 4 of the Rail Management Act 1996 insert —
(1) This section applies if any tree or wood in the vicinity of a railway track operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority poses a risk to the safety of anyone on, or using, the railway track.
Examples
The following trees pose a risk to the safety of a person using a railway track—
(a) a tree that obstructs a view of a signal box from a portion of the track;
(b) a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve;
(c) a tree whose roots are underneath the track.
(2) The Secretary or the Public Transport Development Authority may by written notice require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.
(3) Notice under subsection (2) may be served on an owner or occupier—
(a) personally; or
(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or
(c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or
(d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or
(e) if the identity or address of the owner or occupier is not known—
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.
(4) If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the Secretary or the Public Transport Development Authority may—
(a) enter the land at any reasonable time and carry out the work specified in the notice; and
(b) recover on behalf of the Crown the cost of carrying out the work from the owner or occupier as a debt.
(5) Any person acting under subsection (2) or (4) may fell or remove any tree or wood that is the subject of a notice under subsection (2) without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987 , despite anything to the contrary in or under that Act.
s. 95
(1) Despite any Act or rule of law to the contrary, the Secretary, the Public Transport Development Authority and the Crown are not—
(a) required to fence or contribute to the fencing of any portion of a railway or tramway;
(b) liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off.
(2) The Secretary on behalf of the Crown or the Public Transport Development Authority may, but are not obliged to, erect and maintain such fences in connection with a railway or tramway as the Secretary on behalf of the Crown or the Public Transport Development Authority thinks proper.
Subject to the Road Management Act 2004 , the Secretary on behalf of the Crown or the Public Transport Development Authority may—
(a) open and break up, and divert traffic from, any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority; and
(b) take possession of, and use, the whole or any portion of that public road.
Subject to the Road Management Act 2004 , the Secretary on behalf of the Crown or the Public Transport Development Authority may install, remove or re-locate stopping places and associated facilities for passenger services on any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority.
Despite anything to the contrary in any other Act or law—
(a) the Secretary on behalf of the Crown or the Public Transport Development Authority may use level crossings connecting parts of the rail infrastructure or tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority;
(b) the Secretary on behalf of the Crown or the Public Transport Development Authority may close the level crossing to road traffic while the railway track or tramway track is in use.
(1) Despite anything to the contrary in any other Act or law, the Secretary on behalf of the Crown or the Public Transport Development Authority may use tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority.
(2) Nothing in this section is to be taken as limiting any other power of—
(a) the Secretary, including the Secretary's powers under section 34(2A) of the Transport Integration Act 2010 ; or
(b) the Public Transport Development Authority, including the Public Transport Development Authority's powers under section 79AE(1)(i) of the Transport Integration Act 2010 .
Subject to the Road Management Act 2004 , the Secretary on behalf of the Crown or the Public Transport Development Authority may install, remove or relocate rail infrastructure or tram infrastructure consisting of structures comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads Corporation or the municipal council.
Subject to the Road Management Act 2004 , the Secretary or the Public Transport Development Authority, subject to the agreement, lease or licence relating to, or connected with, the provision of a service or to a lease of rail infrastructure or tram infrastructure (being an agreement, lease or licence between the Secretary on behalf of the Crown and Rail Track or the Public Transport Development Authority and Rail Track)—
(a) may stop traffic in circumstances where it is reasonably necessary to do so; or
(b) in an emergency, may stop traffic.
(1) In exercising a power under section 67A, 67C, 67D, 67E, 67F(1), 67G or 67H, the Secretary must act reasonably under the direction of the Minister.
(2) A power of the Secretary under a section referred to in subsection (1) may be exercised by—
(a) the Secretary personally; or
(b) any other person who is authorised in writing by the Secretary; or
(c) any officer or employee of a person referred to in paragraph (b).
(3) In exercising a power under section 67A, 67C, 67D, 67E, 67F(1), 67G or 67H, the Public Transport Development Authority must act reasonably under the direction of the Minister.
(4) A power of the Public Transport Development Authority under a section referred to in subsection (3) may be exercised by—
(a) any person who is authorised in writing by the Public Transport Development Authority; or
(b) any officer or employee of a person referred to in paragraph (a).
(5) Despite anything to the contrary in this Division, where a power is conferred on both the Secretary and the Public Transport Development Authority, the Minister may direct that in a particular case the power is to be exercised only by the Secretary or the Public Transport Development Authority as specified in the direction.".
See:
Act No.
9/2006.
Reprint No. 1
as at
21 August 2008
and amending
Act Nos
69/2007, 77/2008, 13/2009, 26/2009, 68/2009, 69/2009, 74/2009, 6/2010, 13/2010
and 19/2010.
LawToday:
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