Rail Infrastructure Act 2007

Rail Infrastructure Act 2007

This Act may be cited as the Rail Infrastructure Act 2007.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – access, land, means enter and cross over the land or enter and remain on the land; adjoining land means land adjoining the rail network; adjoining landholder means the owner or occupier of adjoining land; administrative costs includes assessment, supervision and inspection costs; carry out includes cause to be carried out; commencement day means the day proclaimed under section 2; deal, with a railway emergency, includes – assess, avert and lessen the railway emergency; and take any necessary or incidental remedial or follow-up action; emergency railway works means railway works to deal with a railway emergency; maintain, the rail network, includes – repair the rail network; and modify the rail network; and upgrade the rail network; and any dismantling or replacement of infrastructure carried out in connection with such a repair, modification or upgrade; notice means notice in writing; occupier, of land, means a person who has, or is entitled to, possession or control of the land; owner, of land, means any one or more of the following:in the case of a fee simple estate in land, the person in whom that estate is vested; in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage, the person for the time being holding the equity of redemption in that mortgage; in the case of land held under a tenancy for life, the person who is the life tenant; in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land; in the case of land in respect of which a person has a prescribed interest, the person with the prescribed interest; in the case of land that has not been alienated from the Crown, the Minister, authority or other person responsible for managing the land; person includes a body of any kind; protective protocol means a lawful land use protocol, standard or restriction relating, but not limited, to the following:an agricultural or industrial research or development project; air, soil or water quality; biological control; crop security; food standards or hygiene; occupational health and safety; plant or animal quarantine; product processing; waste treatment; rail infrastructure or infrastructure includes – rail lines and fastenings; and crossing loops, sidings, switches and points; and sleepers and ballast; and drains and culverts; and bridges, cuttings, tunnels and embankments; and poles and pylons; and structures and supports; and overhead lines; and platforms and railway stations; and rail yards; and freight sheds, workshops and associated buildings; and electrical substations; and signs and signalling equipment; and train control and communication systems; and traffic control devices that are capable of being automatically activated by trains; and plant, machinery and other fixed equipment; Rail Infrastructure Manager– see section 8; Rail Infrastructure Owner– see section 7; rail network– see section 4; railway– see subsection (2); railway crossing means a level crossing or other place where a road and railway track intersect; railway emergency includes, but is not limited to – an imminent threat to the safety or operability of the rail network arising from natural or artificial causes; and a notifiable occurrence within the meaning of the Rail Safety National Law (Tasmania) Act 2012; railway employee means an employee or contractor of a railway entity; railway entity means the Rail Infrastructure Owner, a Rail Infrastructure Manager or a Rolling Stock Operator; railway operations means either or both of the following:operating trains; carrying out activities connected with the operation of trains; railway works means works to maintain or extend the rail network; recover, a debt, means recover the debt in a court of competent jurisdiction; responsible Rail Infrastructure Manager, in respect of any power, function, obligation, liability or other matter, means – if there is a Rail Infrastructure Manager for the entire rail network, the Rail Infrastructure Manager; or if there is a Rail Infrastructure Manager for the part of the rail network to which the power, function, obligation, liability or other matter relates, that Rail Infrastructure Manager; restricted Rail Infrastructure Manager– see section 8; road means any kind of road, street, lane, path or stock crossing; Rolling Stock Operator– see section 9; routine railway works means railway works other than emergency railway works; standards means any State, national or international standards, codes or guidelines relating to railway operations or to railways or their management; track means the combination of rails, rail connectors, sleepers, ballast, points and crossings (or substitute devices if used); train has the same meaning as in the Rail Safety National Law (Tasmania) Act 2012.

In this Act, unless the contrary intention appears, a reference to a railway is taken to be a reference to the track of the railway, the land corridor along which the track of the railway is laid and all of the attendant rail infrastructure.

To avoid doubt, land is not taken to be adjoining land for the purposes of this Act unless, fences, ditches or other artificial barriers notwithstanding, the land is in fact contiguous to the rail network.

A note in the text of this Act does not form part of this Act.

This Act applies to the State rail network (referred to throughout this Act as the "rail network").

The rail network consists of the railways specified in Part 1 of Schedule 1, other than railways, or railways of a kind, specified in Part 2 of that Schedule.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

If a provision of this Act is inconsistent with a provision of the Crown Lands Act 1976 or Boundary Fences Act 1908, the provision of this Act prevails to the extent of the inconsistency.

The Rail Infrastructure Owner is – such person as the Minister, by order, designates; or in the absence of such a designation, the Crown in right of Tasmania.

The Rail Infrastructure Owner has – such powers and functions in respect of the rail network as are conferred and imposed on it by this or any other Act; and such incidental and ancillary powers as may be necessary or convenient in that regard.

The Minister, by order, may designate a person as Rail Infrastructure Manager for – the entire rail network; or a part of the rail network specified in the order.

A person designated as Rail Infrastructure Manager for a part of the rail network is a "restricted Rail Infrastructure Manager".

The Minister must ensure that, at any time, no part of the rail network has more than one Rail Infrastructure Manager.

A Rail Infrastructure Manager has – such powers and functions in respect of the rail network (or, if it is a restricted Rail Infrastructure Manager, its part of the rail network) as are conferred and imposed on it by this or any other Act; and such incidental and ancillary powers as may be necessary or convenient in that regard.

If any part of the rail network does not for the time being have a Rail Infrastructure Manager, the Rail Infrastructure Owner – may exercise or perform any power or function that a Rail Infrastructure Manager for that part of the rail network could exercise or perform; and is responsible for discharging any obligation that a Rail Infrastructure Manager for that part of the rail network would have; and may incur any liabilities that a Rail Infrastructure Manager for that part of the rail network would be capable of incurring.

A Rolling Stock Operator is a person permitted to use all or part of the rail network to carry out railway operations.

For the purposes of section 47 of the Gas Industry Act 2019 and section 52 of the Electricity Supply Industry Act 1995, the following provisions apply:

if there is one Rail Infrastructure Manager for the entire rail network, the Rail Infrastructure Manager is taken to be the responsible management authority for the public land in the rail network;

if there is a Rail Infrastructure Manager for a part of the rail network, that Rail Infrastructure Manager is taken to be the responsible management authority for the public land in that part of the rail network;

if for the time being a part of the rail network does not have a Rail Infrastructure Manager, the Rail Infrastructure Owner is taken to be the responsible management authority for the public land in that part of the rail network;

if for the time being no part of the rail network has a Rail Infrastructure Manager, the Rail Infrastructure Owner is taken to be the responsible management authority for the public land in the rail network.

The Minister may acquire land for railway purposes.

The Land Acquisition Act 1993 applies to the acquisition and the land acquired.

Where the Minister is authorised under this section to acquire any land, that land may be acquired by the exchange for that land of any Crown land if the Director-General of Lands consents.

An exchange of land under this section may be made on such terms and conditions as may be agreed, including terms and conditions with respect to the payment, giving or receipt of any money or other consideration by way of exchange.

For the purpose of effecting an exchange, the Governor, in the name of the Crown, may grant any Crown land for an estate in fee simple.