Common areas for particular roads
42 Common areas for particular roads
This section applies if the route of the Surat Basin rail corridor land—
is interrupted by a relevant road; and
continues on the other side of the relevant road.
The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area (common area) for the relevant road and the route of the Surat Basin rail corridor land.
If the Minister declares a common area—
a railway manager may construct, maintain and operate the railway on the common area in a way consistent with its use as a relevant road; andExamples for use as a relevant road—
• a level crossing
• a bridge or other structure over the road
• a bridge or other structure that allows the railway to pass under the road
the railway licensee may use and occupy the common area for the period that it holds a railway licence in a way consistent with its use as a relevant road and the railway licence; and
the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with its use as a relevant road and the railway lease; and
the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way consistent with its use for the railway; and
the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area.
After a common area is declared—
the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and
the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.
If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing the rail transport infrastructure from the common area and restoring the road, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree.
The Coordinator-General must consult with the relevant person for the relevant road before entering into an agreement mentioned in subsection (5).
In this section—
relevant person see the Transport Infrastructure Act 1994, section 249.
relevant road means—
a stock route; or
a relevant road under the Transport Infrastructure Act 1994, section 249.
This Act’s bill:Explanatory memorandumSecond reading speech
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