Transport Infrastructure Act 1994

This section applies if, under section 105H, the Minister intends to declare a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land to be local government tollway corridor land.

Before making the declaration, the Minister must be satisfied—

the department has consulted with the railway manager, if any, for the rail corridor land; and

the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.

If the Minister decides to declare the road, or part of the road, to be local government tollway corridor land, the declaration under section 105H(3) must also declare the part of the rail corridor land where it is crossed by the road to be a common area (common area) for the rail corridor land and the local government tollway corridor land.

The declaration of a common area may be subject to conditions, included in the declaration under section 105H(3), the Minister considers necessary or desirable.

When the common area is declared—

the local government for whom the declaration of the local government tollway corridor land is made may construct, maintain and operate a local government tollway on the common area in a way not inconsistent with its use as rail corridor land; and

the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a local government tollway; and

the railway manager and its agents or employees do not have any liability for the local government tollway or its use or operation on the common area.

Unless the local government and the railway manager, if any, for the rail corridor land otherwise agree—

subject to section 251, the local government is responsible for maintaining a local government tollway on the common area; and

if the local government tollway on the common area stops being used, the local government is responsible for the cost of removing local government tollway infrastructure from the common area and restoring the railway.

The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by—

the Minister’s declaration; or

anything done by the local government for the common area.

If a declaration under section 105H(3) includes a common area—

the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and

the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and

any existing common area on the part of the rail corridor land where it is crossed by the road is, on the publication of the declaration, extinguished.