Access to railway land by roads authorities and to roads by rail authorities
13C Access to railway land by roads authorities and to roads by rail authorities
This clause applies—
to the exercise by a roads authority, TfNSW or an authorised officer of a roads authority or TfNSW of a power under any Act or law to enter, use or occupy railway land, a railway building or rail infrastructure facilities for the purposes of carrying out road works, and
to the exercise by a rail authority of a power under any Act or law to enter, use or occupy a public road.
The following provisions apply to the exercise of a power to which this clause applies—
the authority exercising the power is required to pay compensation to the affected authority in respect of the following matters arising from the exercise of the power but is not required to pay any other compensation to the affected authority—
damage caused to a building or structure of the affected authority (being compensation for an amount not exceeding the value of the building or structure),
expenses necessarily incurred by the affected authority to ensure that the power is exercised safely,
the affected authority must facilitate the exercise of the power by the authority exercising the power,
the authority exercising the power must do all things that are reasonably practicable to minimise disruption to or closure of rail services, railway lines or roads.
This clause has effect despite this Act, the Roads Act 1993 or any other Act or law.
In this clause—
affected authority means the roads authority (including TfNSW) or rail authority that owns or manages or controls the public road, land, railway building or rail infrastructure facilities subject to the exercise of the power to which this clause applies.
Words and expressions used in this clause have the same meanings as they have in the Roads Act 1993.
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.