Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

Without limiting the generality of section 21(1)(c), a lease in relation to a corridor may be granted in accordance with that section for the purposes of the operation of a tourist or heritage railway on the corridor.

If a lease referred to in subsection (1) is granted to a person, the person – may operate, in accordance with the lease and any other directions of the Minister, a tourist or heritage railway on the corridor to which the lease relates and on any public road, that extends between parts of the corridor, on which railway track is situated; and has any incidental and ancillary powers as may be necessary or convenient to enable the operation of such a railway under that lease; and must, at his or her cost, maintain any rail infrastructure that is – situated on a public road that extends between parts of the corridor; and used for the operation of the railway; and must, at his or her cost, maintain, to the requisite standard, within the meaning of section 80, the road surface and, if applicable, the footpath surface, that is or are situated – between any railway tracks that are situated on the public road; or on either side, to a distance of 0.6 metres, of the outermost railway tracks that are situated on the public road.

If a lease referred to in subsection (1) is granted in relation to a corridor, the responsible road authority, within the meaning of section 80, in relation to any public road – that extends between parts of the corridor; and that is a public road on which is situated railway track used for the purposes of the operation of a railway under the lease – must, at its cost, maintain, to within 0.6 metres of the outermost rails of the railway track, the road infrastructure that is situated on either side of the railway track.

If a lease referred to in subsection (1) is granted in relation to a corridor, a reference in section 81 to a right to enter, and to a right to exit, includes a reference to a right for a train operating under the lease to enter, and to exit, the public road on railway tracks that are situated on the public road.

If a lease referred to in subsection (1) is in effect in relation to a corridor, a reference in this Act to the corridor safety and use objectives is to be taken to include, in relation to the corridor, a reference to the use of the corridor for the purposes of the operation of such a railway.

Without limiting the generality of subsection (2)(c), a reference in that subsection to maintaining rail infrastructure includes a reference to – replacing any rail infrastructure; and installing rail infrastructure at any place where rail infrastructure had previously been situated.