Transfer and disposal of rail infrastructure
100 Transfer and disposal of rail infrastructure
The Minister, by notice, may transfer to the Crown any rail infrastructure that is situated on a corridor.
The Minister may dispose of any rail infrastructure that is owned by the Crown, including rail infrastructure transferred to the Crown under subsection (1).
The Minister may only dispose of rail infrastructure under subsection (2) if he or she has given notice, published in 2 newspapers circulating generally in Tasmania – specifying his or her intention to dispose of the rail infrastructure; and inviting any person interested in using the rail infrastructure for the purposes of the operation in Tasmania of a railway to apply, within 4 weeks of the date on which the notice is published under this subsection, to have the Minister dispose of the rail infrastructure to the person.
If – a person applies to the Minister in accordance with subsection (3)(b); and the Minister is satisfied that the person – is interested in using the rail infrastructure for the purposes of the operation in Tasmania of a railway; and will remove the rail infrastructure from a corridor within 6 months of the rail infrastructure being disposed of to the person – the Minister must dispose of the rail infrastructure to that person.
If subsection (4) applies to more than one person who applies to the Minister under subsection (3)(b), the Minister may choose to dispose of the rail infrastructure to one of those persons who applies under subsection (3)(b) and satisfies the requirements of subsection (4).
If, within 6 months of rail infrastructure being disposed of to a person in accordance with subsection (4), the person has not removed the rail infrastructure from a corridor – the disposal of the rail infrastructure to that person is of no effect; and the Minister may dispose of the rail infrastructure as he or she thinks fit.
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