Section 3.5.32(2)--
omit, insert--
'(2) This section does not stop a condition being imposed that requires a monetary payment, or works to be carried out--
(a) to protect or maintain--
(i) the safety or efficiency of existing or proposed State owned or State controlled transport infrastructure; or
(ii) the safety or efficiency of railways under the Transport Infrastructure Act 1994; or
(b) to ensure the efficient provision of public passenger transport through public passenger transport infrastructure within the meaning of the Transport Planning and Coordination Act 1994, whether or not the infrastructure is State owned or State controlled.'.