Connections to NSW rail network
11 Connections to NSW rail network
A person who proposes to connect railway track to the NSW rail network must obtain—
the written consent of the infrastructure owner concerned, and
if the work proposed involves crossing and placing railway track on railway land in order to connect with the NSW rail network, the written consent of the railway land owner.
An infrastructure owner may grant a consent under this clause on such terms and conditions as it thinks fit.
However, the owner must not unreasonably prevent a person who occupies land adjoining the NSW rail network connecting railway track to its network if the owner is satisfied that—
the connection accords with the objectives of the owner and, in particular, will not adversely affect the efficient, safe and reliable operation of that network, and
the NSW rail network has sufficient capacity to handle any additional traffic generated by the connection, and
the connection will comply with the requirements of the Rail Safety National Law (NSW) and any other relevant legislation (including any planning legislation), and
the costs of making and maintaining the connection are paid by the person seeking the connection.
A consent under this clause to connect to the NSW rail network does not confer any rights of access to that network and a person does not have a right to make the connection unless access to that network from the connection is or will be authorised by an access agreement that has been made under this Act.
A railway land owner may grant a consent under this clause on such terms and conditions as it thinks fit. However, the railway land owner must not unreasonably prevent a person who occupies land that adjoins railway land from constructing railway track on railway land for the purpose of connecting it to the NSW rail network.
An infrastructure owner or, in a case to which subclause (1)(b) applies, a railway land owner, may disconnect and remove railway track that has not been authorised as required by this clause.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.