Rail Company Act 2009

In this section – Agreement day means 4 September 2009, being the day on which the Business Sale Agreement was made; authorised rail operator means a subsidiary of the Company or another person authorised by the Company to operate a rail business on the Emu Bay Railway;Emu Bay Railway means – the railway in Tasmania known as the Emu Bay Railway, and also known as the Melba Line, extending from the port at Emu Bay in the City of Burnie to Melba Flats, including the Handling Facilities within the meaning of the Business Sale Agreement; and the railway known as the Hellyer Spur which runs from the Hellyer Mine site to the eastern boundary of the railway referred to in paragraph (a) at Moory Junction; railway access contract means a contract entered into by the owner or occupier of the relevant rail corridor in respect of the use of, or access to, the relevant rail corridor; relevant rail corridor means a part of the rail corridor of the Emu Bay Railway that is not owned by the Company, an authorised rail operator or the Crown.

The Company and an authorised rail operator are authorised to operate a rail business on a relevant rail corridor.

Subsection (2) operates to extinguish any right of an owner or occupier of the relevant rail corridor to require the Company or an authorised rail operator to pay or provide any fee or other consideration in respect of its use of, or access to, the rail corridor if PN Tas (Operations) Pty Limited (ACN 078 295 468) was not paying or providing such a fee or other consideration on the Agreement day in accordance with a railway access contract.

If on the Agreement day the owner or occupier of a relevant rail corridor, in accordance with a railway access contract, was entitled to receive a fee or other consideration in respect of the use of or access to the relevant rail corridor, that owner or occupier is entitled after that day to require the payment or provision of a reasonable fee or other reasonable consideration in respect of the use of, or access to, the relevant rail corridor by the Company or an authorised rail operator.

Nothing in subsection (3) or (4) authorises the owner or occupier of a relevant rail corridor to prevent the use of, or access to, the relevant rail corridor by the Company or an authorised rail operator.