Criteria to be considered in applying Code to particular routes
5 Criteria to be considered in applying Code to particular routes
In deciding, for the purpose of establishing or amending the Code, which routes are to be prescribed under section 4(2)(b), the Minister is to consider the questions set out in subsection (3).
If in respect of a route the Minister is satisfied that each of those questions must be answered in the affirmative the route is to be prescribed under section 4(2)(b).
The questions are —
whether access to the route will promote competition in at least one market, other than the market for railway services;
whether it would be uneconomical for anyone to establish another railway on the route;
whether the route is of significance having regard to —
its length;
its importance to trade or commerce; or
its importance to the economy;
whether access to the route can be provided without undue risk to human health or safety;
whether there is not already effective access to the route; and
whether access or increased access to the route would not be contrary to the public interest.
A decision of the Minister of the kind referred to in subsection (1) is not liable to be challenged in, or reviewed or called in question by, a court.
In this section —
route means —
a particular part of the railways network; and
the associated railway infrastructure.
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