Transport Infrastructure Act 1994

The chief executive may allow a local government to construct, maintain and operate a road on rail corridor land or non-rail corridor land by way of—

a bridge or other structure over relevant infrastructure on the land; or

a bridge or other structure that allows the road to pass under relevant infrastructure on the land; or

a crossing at the same level as relevant infrastructure on the land.

Without limiting subsection (1), a permission may be granted under the subsection in relation to relevant infrastructure that is proposed to be on the land—

under a transport infrastructure strategy; or

for non-rail corridor land that is subleased, under the relevant sublease.

The permission may be subject to conditions.

Without limiting subsection (2), a condition of a permission for rail corridor land may provide for the future expansion of the railway on the land.

Before deciding a request for the permission, the chief executive must consult with the relevant person for the land.

After the permission is granted—

the chief executive must immediately give a copy of the permission to the registrar of titles; and

the registrar of titles must record the permission on the relevant lease of the rail corridor land or non-rail corridor land to the State and any affected sublease in the leasehold land register.

The relevant person may continue to use the land, and the airspace above the land, other than any land and airspace excluded by a condition of the permission.

The chief executive and the relevant person and their agents or employees, do not have any duty or liability for the road or its use or operation.

Once the road is used, it is taken to be—

a road under the relevant local government’s control; and

a road under any Act about the use of vehicles on a road.

Unless the chief executive and the local government otherwise agree—

the local government is responsible for maintaining the road and the bridge, structure or crossing; and

if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the relevant infrastructure on the land.

The State is taken not to be in breach of any of its obligations in a sublease of rail corridor land or non-rail corridor land between the State and a relevant person for the land by—

giving the permission; or

anything done by the local government under the permission.

In this section—

for rail corridor land—a railway or part of a railway on the land; or

for non-rail corridor land—any infrastructure on the land.

for rail corridor land—the railway manager for the land; or

for non-rail corridor land—any entity to whom the land is subleased.