A proposal under s 8 of the Railways (Access) Code 2000 (WA) is valid if the document, objectively construed, proposes the use of railway infrastructure for the purpose of carrying on rail operations and complies with the mandatory requirements in s 8(3). There is no additional requirement that the proponent demonstrate a 'real need' for access, an unconditional intention to use the infrastructure, or the absence of contingencies. The proponent's subjective motives are irrelevant to the validity of the proposal under s 8(2)(b). Section 8(3)(b) requires only a 'reasonably adequate' indication of the times when access is required, not a precise or exhaustive statement.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.