Surat Basin Rail (Infrastructure Development and Management) Act 2012

This Act may be cited as the Surat Basin Rail (Infrastructure Development and Management) Act 2012.

This Act commences on a day to be fixed by proclamation.

The object of this Act is to facilitate the development and operation of the railway.

The object is intended to be achieved primarily by—

providing that particular provisions of the Land Title Act 1994 and the Property Law Act 2023 do not apply to a railway lease declared under part 2 to be an exempt lease; and

providing a framework to—

allow the railway to be constructed and maintained in an effective and efficient way; and

allow railway operators to operate rolling stock on the railway in an effective and efficient way; and

allow railway managers to manage rail transport infrastructure in an effective and efficient way; and

allow the railway to be managed and operated in an effective and efficient way; and

providing for the safety of the railway and persons at, on or near the railway by imposing requirements and establishing offences directed at ensuring the safety.

The dictionary in the schedule defines particular words used in this Act.

Railway means the railway and rail transport infrastructure situated, or proposed to be situated, within the Surat Basin rail corridor land.

Railway works means works for constructing, maintaining, altering or operating the railway.

Surat Basin rail corridor land means land that is—

within the area declared as the Surat Basin Infrastructure Corridor State Development Area under the State Development and Public Works Organisation Act 1971; and

owned by the Coordinator-General; and

prescribed under a regulation to be Surat Basin rail corridor land.

The Minister may, by written instrument, declare a railway lease to be an exempt lease.

As soon as practicable after making the instrument, the Minister must give a copy of it to the railway lessee.

Within 21 days after making the instrument, the Minister must publish a gazette notice setting out the declaration contained in the instrument.

Failure to comply with subsection (2) or (3) does not affect the validity of the instrument.

The following provisions do not apply to a lease declared to be an exempt lease under section 8—

the Land Title Act 1994, section 67(3)(a);

the Property Law Act 2023, section 142 and part 9, division 5.

In this part—

associated person—

of the Coordinator-General, means any of the following—

a person who is an agent of, or contractor for, the Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22;

an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i);

if a person mentioned in subparagraph (i) is a corporation—the corporation’s chief executive, secretary or directors; and

of an authorised person, means any of the following—

if the authorised person is a corporation—the corporation’s chief executive, secretary or directors;

the authorised person’s employees or partners who are individuals;

a person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person’s authority;

an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii);

if a person mentioned in subparagraph (iii) is a corporation—the corporation’s chief executive, secretary or directors.

authorised person means a person who holds a works authority or an investigation authority.

investigation authority see section 15(1)(a).

works authority see section 14(1)(a).

This division provides for the railway licensee, railway lessee or a railway manager to apply for a works authority or investigation authority.

The railway licensee, railway lessee or a railway manager may apply to the Coordinator-General for an authority—

to enter land adjacent to the Surat Basin rail corridor land, and carry out activities mentioned in section 20, for carrying out railway works; or

to enter any land, and carry out activities mentioned in section 22, for investigating the potential suitability of land as an expansion or realignment of the Surat Basin rail corridor land.

The applicant must consult with the owner or occupier of the land about the proposed entry before applying for the authority.

The application must state—

the land proposed to be entered under the authority; and

the purpose of the authority; and

details of the nature of the activities proposed to be conducted on the land; and

the period for which the authority is sought; and

details of the applicant’s consultation with the owner or occupier of the land.