Transport Infrastructure Act 1994

This section applies if—

a railway manager—

holds a sublease of rail corridor land; or

has access to future railway land; and

the route of the rail corridor land or future railway 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 rail corridor land or future railway land.

If the Minister declares a common area—

the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and

the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a 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 chief executive must give a copy of the gazette notice to the registrar of titles—

promptly after the gazette notice is published, if the land is rail corridor land; or

promptly after the land is subleased to the railway manager under section 240(4), if the land is future railway land; and

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

If a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the relevant person and the railway manager otherwise agree.

In this section—

for a State-controlled road—the chief executive for chapter 6; or

for a franchised road—the franchisee; or

for State toll road corridor land—

the chief executive for chapter 6; or

if the State toll road corridor land has been leased—the person to whom the land has been leased; or

for local government tollway corridor land—

the local government; or

if the local government tollway corridor land has been leased—the person to whom the land has been leased; or

for a local government road—the local government.

a State-controlled road; or

a franchised road; or

State toll road corridor land; or

local government tollway corridor land; or

a local government road.