Surat Basin Rail (Infrastructure Development and Management) Act 2012

A local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of—

a bridge or other structure over a part of the railway; or

a bridge or other structure that allows the road to pass under a part of the railway; or

a crossing at the same level as a part of the railway.Example for paragraph (c)—

The Coordinator-General must consider the application and may decide to—

grant the approval, with or without conditions; or

refuse to grant the approval.

Without limiting subsection (2), a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land.

Before deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.

The Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application.

If the approval is granted—

the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and

the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and

a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and

the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation.

Once the road is used, it is taken to be—

a road under the local government’s control; and

a road under any Act about the use of vehicles on a road.

Unless the Coordinator-General and the local government otherwise agree—

the local government is responsible for maintaining the road and the bridge, structure or crossing; and

if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land.