Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

In this Act, unless the contrary intention appears – adjoining land, in relation to a corridor, means land that adjoins the corridor; adjoining landholder means an owner, or occupier, of adjoining land; business licence means a business licence granted in accordance with section 23; business permission means a business permission granted under section 45; corridor means a strategic infrastructure corridor; corridor authorisation means – a use permission; and a service infrastructure permission; and a business permission; and a private road construction permission; and a private road use permission; and a permit granted under the regulations; corridor crossing means a place where a public road or a private road intersects with a corridor; corridor development plan, in relation to a corridor, means a corridor development plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor management plan, in relation to a corridor, means a corridor management plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor (other matters) plan, in relation to a corridor, means a corridor (other matters) plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor manager, in relation to a corridor, means the person who is appointed under section 29 to be the corridor manager in relation to the corridor; corridor notice means a notice that is in force under section 6(1), as the notice is amended if at all, under section 7; corridor plan, in relation to a corridor, means – a corridor development plan in relation to the corridor; and a corridor management plan in relation to the corridor; and a vegetation management plan in relation to the corridor; and a corridor (other matters) plan in relation to the corridor; corridor safety and use objectives, in relation to a corridor, means – the safety of persons on the corridor; and the use of the corridor for a designated recreational use, if any; and the potential use in future of the corridor for any reserved purpose;CPR plan means a plan within the Central Plan Register;Crown land has the same meaning as in the Crown Lands Act 1976; designated recreational use, in relation to a corridor – see section 30; emergency includes, but is not limited to including, an imminent threat to the corridor safety and use objectives, whether the threat arises from natural or man-made causes; emergency works means works to deal with an emergency; licence means a licence granted in accordance with section 21; limitation, in relation to land – means any trust, reservation, restriction, exception, encumbrance, limitation, estate, or interest, in or in relation to the land, however created or imposed, including by virtue of a sealed plan within the meaning of section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993; and includes any highway, right of way and footpath and any road reserve, or other reserve, under an Act; managing authority, in relation to a corridor, means the managing authority, in relation to the corridor, under section 25; owner, in relation to land, means any one or more of the following:in the case of a fee simple estate in the land – the person in whom the 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 another 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; planning scheme has the same meaning as it has in the Land Use Planning and Approvals Act 1993; preserved limitation means a limitation that is declared a preserved limitation under section 13; preserved right means a right that is declared a preserved right under section 13; private road means a road (other than a public road), a lane, a path, or a stock crossing, that crosses a corridor; private road construction permission means a private road construction permission, granted under section 87, that is in force; private road use permission means a private road use permission, granted under section 82, that is in force; protective protocol means a protocol, standard or restriction, in relation to the use of land, that is issued by a statutory authority and includes, but is not limited to including, such a protocol, standard or restriction in relation to any of 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; public road means any road – open to or used by the public; or to which the public have, or are authorised to have, access – whether on payment of fee or otherwise; rail infrastructure has the same meaning as it has in the Rail Infrastructure Act 2007; railway track means any combination of rails, rail connectors, sleepers, ballast, points and crossings, or, if installed, substitute devices, that are situated on a corridor; recreational purposes means for the purpose of – use by walkers or runners; or use by horse riders; or use by persons riding bicycles, including power-assisted bicycles; or use for a prescribed recreational activity;Register means the register of title kept under section 33 of the Land Titles Act 1980; reserve management plan, in relation to a corridor, means a reserve management plan, declared under section 61(4)(b) in relation to the corridor, that is in force; reserved purpose has the meaning it has in section 4; responsible manager, in relation to a corridor, means – the corridor manager in relation to the corridor; or if there is no corridor manager in relation to the corridor – the managing authority in relation to the corridor; right includes – a right, interest, power, remedy, discretion and authority; and any right of access, including railway access; and a right related to any highway, right of way or footpath or to a road reserve, or other reserve, under an Act; routine works means works, or improvements, in relation to a corridor, that consist of – repairs or maintenance of structures and facilities; or minor works, or improvements, that are necessary to keep the corridor in good order; or the erection of signs, or other structures, to provide information to the public relating to the corridor safety and use objectives; or the erection, repair or maintenance of any fencing – but does not include emergency works;Secretary means the Secretary of the Department; service infrastructure permission means a service infrastructure permission, granted under section 73(1), that is in force; statutory authority means – an incorporated body, or an unincorporated body, that – is established, constituted or continued by or under an Act or under the royal prerogative; and is a body which, or of which the governing body, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; and a Minister or a person who is appointed to an office under an Act; strategic infrastructure corridor– means an area of land that is declared by a corridor notice to be a strategic infrastructure corridor; and includes any area of land that is included in the corridor by an alteration under section 7 of the area of land that is within a corridor – but does not include any area of land that is excluded from the corridor by an alteration under section 7 of the area of land that is within the corridor; substantial fixed infrastructure means – a tunnel; and a bridge; and a structure, or a member of a class of structures, which structure or class is declared under subsection (2) to be substantial fixed infrastructure – but does not include a tunnel, a bridge, a structure, or a member of a class of structures that is a tunnel, bridge, structure, or a member of a class of structures, that is declared under subsection (2) to not be substantial fixed infrastructure; use permission means a use permission, granted under section 53, that is in force; vegetation management plan, in relation to a corridor, means a vegetation management plan, declared under section 62(6)(b) in relation to the corridor, that is in force.

The Minister, by notice, may – declare to be substantial fixed infrastructure a structure, or members of a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor; or declare a bridge, a tunnel, a structure, or a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor, to not be substantial fixed infrastructure.

A notice under subsection (2) – is not a statutory rule for the purposes of the Rules Publication Act 1953; and is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992.

A reference in this Act – to a corridor includes a reference to a part of a corridor; and to a corridor, in relation to a corridor manager, the managing authority, or a responsible manager, is to be taken to be a reference to any part of a corridor and to the corridor manager, the managing authority, or the responsible manager, in relation to the part of the corridor.

A reference in this Act to a function or power, by or under this Act, of a managing authority or a corridor manager includes a function or power conferred or imposed on the authority or manager by virtue of being a responsible manager.