Transport Infrastructure Act 1994

This section applies if—

a railway manager’s sublease for a section of rail corridor land—

is to expire or be surrendered; or

is terminated; and

there is an unregistered right in the railway manager’s sublease for that section of rail corridor land.

If the sublease is to expire or be surrendered, the railway manager must give the chief executive details of all unregistered rights in the sublease at least 3 months before the expiry or surrender of the sublease.

Subsection (2) does not apply to a sublease that is to expire if the railway manager and the chief executive, acting on behalf of the State, agree to renew the sublease before or immediately after the expiry.

If the sublease is terminated, the railway manager must give the chief executive details of all unregistered rights in the sublease within 3 months after the termination of the sublease.

After the expiry, surrender or termination, an unregistered right in the railway manager’s sublease for that section of rail corridor land continues on the same terms as an unregistered right in the lease for the section of the non-rail corridor land, with the State as lessee substituted for the railway manager as a party to the unregistered right.

The chief executive may at any time revoke an unregistered right that is continued under subsection (3) if the chief executive considers—

the use of the right would affect the safety or operational integrity of the land as a railway or would adversely affect another transport purpose; or

the holder of the right has not complied with any conditions imposed on the right by the railway manager or the chief executive; or

the right is being used in a way that is contrary to the provisions of—

the perpetual lease of the land to the State; or

the Land Act 1994.

A person whose interest is affected by the chief executive’s decision under subsection (4)(a) is entitled to be paid compensation by the State for the loss for the unexpired portion of the unregistered right, but only if—

the person had paid the railway manager for the unregistered right; or

the person is the owner of land adjacent to the section of rail corridor land the subject of the sublease that has expired or been surrendered or terminated and, as part of the acquisition agreement or settlement of that section of the rail corridor land from the person or a previous owner of the land, the unregistered right mentioned in subsection (3) was granted.

The person is entitled to be paid, because of the revocation of the right, the reasonable compensation that is agreed between the person and the chief executive, or failing agreement, that is decided by a court.

Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of a debt equal to the amount of compensation claimed.

Subsection (5) does not prevent an ex gratia payment from being made to a person under the Financial Accountability Act 2009.