Surat Basin Rail (Infrastructure Development and Management) Act 2012

A person in or on the Surat Basin rail corridor land must not interfere with the railway unless—

the person has the written approval of a relevant person under this section; or

the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland); or

the interference is otherwise approved, authorised or permitted under this Act or another Act.

A person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1)(a), (b) or (c) applies to the person.Maximum penalty—80 penalty units.

An approval may be subject to a reasonable condition.

The person must comply with the condition.Maximum penalty—40 penalty units.

Subsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway.

If a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision.

If the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision.

If a railway manager gives an approval under this section, the railway manager must give the Coordinator-General written notice of the approval.

The notice must include details of the works or other thing to which the approval relates.

An approval given by a railway manager under this section is of no effect to the extent the approval—

is inconsistent with an approval given by the Coordinator-General under this section or section 44; or

is for works for which the Coordinator-General has given a direction under section 45(2) or a notice under section 45(4); or

is for works or another thing for which the Coordinator-General has refused to give an approval under this section.

This section binds all persons, including the State.

In this section—

carry out works in or on the Surat Basin rail corridor land; or

carry out works in or on a railway crossing or watercourse crossing; or

otherwise interfere with the railway or its operation.

a railway manager; or

if there is no railway manager—the Coordinator-General.