9.—(1) A person must not carry out, or permit or otherwise authorise the carrying out of, any engineering works within a railway corridor or railway protection zone as part of a development unless the engineering works are carried out in accordance with a valid permit granted by the Authority for the engineering works.
(2) A person shall be guilty of an offence if the person carries out, or permits or otherwise authorises the carrying out of, any engineering works, knowing that or rashly or negligently failing to ascertain whether the carrying out of the engineering works is in contravention of paragraph (1).
(3) A person who is guilty of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.