A person must not, without the approval of the relevant rail infrastructure manager, carry out works near a railway if the works give rise, or are likely to give rise, to a risk to:
(a) the safety of the railway; or
(b) the operational integrity of the railway.
Fault elements:
The person:
(a) intentionally carries out the work; and
(b) is reckless as to giving rise to the risk.
Maximum penalty: 200 penalty units or imprisonment for 12 months.