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Queensland
Surat Basin Rail
(Infrastructure Development
and Management) Bill 2012
Queensland
Surat Basin Rail (Infrastructure
Development and Management) Bill 2012
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Interpretation
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Meaning of railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Meaning of railway works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Meaning of Surat Basin rail corridor land . . . . . . . . . . . . . . . . . . . 7
Part 2 Exempt leases
8 Declaration of exempt lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Non-application of provisions of Land Title Act 1994 and
Property Law Act 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Entering land and carrying out activities for railway works
or investigations of land
Division 1 Interpretation
10 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Applications for works authority or investigation authority
11 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 How to apply for works authority or investigation authority . . . . . 10
13 Additional information for application . . . . . . . . . . . . . . . . . . . . . . 11
14 Granting works authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Granting investigation authority . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Requirements of works authority and investigation authority . . . . 12
17 Declaration about works authority and investigation authority . . . 13
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Contents
18 Complying with conditions of works authority or investigation
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Cancellation of works authority or investigation authority . . . . . . 13
Division 3 Powers for entering land and carrying out activities for
railway works or investigations
20 Coordinator-General or associated person may enter land and
carry out railway works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Authorised person or associated person may enter land and
carry out railway works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Coordinator-General or associated person may enter land and
investigate the land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Authorised person or associated person may enter land and
investigate the land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4 Requirements for entering land
24 Entry to land by notice or agreement . . . . . . . . . . . . . . . . . . . . . . 16
25 Care to be taken in entering land . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Liability to pay compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Claiming compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 5 Miscellaneous provisions
28 Coordinator-General or authorised person to issue associated
person with identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Owner or occupier may inspect authority or identification . . . . . . 22
30 Return of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Roads, crossings and watercourses
Division 1 General provisions about roads and crossings
31 Altering road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Maintaining roads crossing railways. . . . . . . . . . . . . . . . . . . . . . . 23
33 Extending roads through or over Surat Basin rail corridor land . . 24
34 Impact of change of management of local government road on
the railway ........................................ 26
35 Closing railway crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2 Public use of Surat Basin rail corridor land
36 No presumption of dedication of roads. . . . . . . . . . . . . . . . . . . . . 28
37 Level crossings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3 Watercourses
38 Approvals to divert or construct watercourses . . . . . . . . . . . . . . . 29
39 Cancellation of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
40 Coordinator-General may enter land and carry out activities for
watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 2
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Contents
41 Notice for entry to land under s 40 . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 5 Declaration of common areas and carrying out works near
the railway
Division 1 Minister may declare common areas
42 Common areas for particular roads . . . . . . . . . . . . . . . . . . . . . . . 31
43 Common areas for non-tidal boundary watercourses. . . . . . . . . . 33
Division 2 Works near the railway
44 Approval to carry out works near the railway . . . . . . . . . . . . . . . . 35
45 Power to require works to stop . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
46 Registration of notice about nature of works . . . . . . . . . . . . . . . . 36
Part 6 Giving or requiring information
47 Coordinator-General may give information to corresponding authority 37
48 Power to require information from local governments . . . . . . . . . 38
Part 7 General offence provisions
49 Trespassing on railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Interfering with railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51 Rectifying unauthorised interference . . . . . . . . . . . . . . . . . . . . . . 40
52 Altering watercourse to adversely affect the railway. . . . . . . . . . . 40
53 Altering materials or railway works . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Pretending to be an authorised person or associated person . . . 41
Part 8 Relationship with other Acts
Division 1 Transport noise corridors under Building Act 1975
55 Application of provisions of Building Act 1975 . . . . . . . . . . . . . . . 42
56 Recording of information for land in transport noise corridor . . . . 42
Division 2 Easements under Land Title Act 1994
57 Grant and registration of easements . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Transport Infrastructure Act 1994
58 Non-application of provisions of Transport Infrastructure Act 1994 44
Part 9 Severance of rail transport infrastructure
59 Severance of declared infrastructure . . . . . . . . . . . . . . . . . . . . . . 44
Part 10 Reviews
60 Internal review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
61 External review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 11 Legal proceedings
Division 1 Evidence
62 No need to prove authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Contents
63 Conduct of company directors, employees or agents. . . . . . . . . . 47
64 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Offence proceedings
65 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Limitation on time for starting proceeding for summary offence. . 48
Part 12 Miscellaneous provisions
67 Recovery of cost of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
68 Amounts payable to Coordinator-General are debts owing to the
State ............................................ 50
69 Disposal of fees, penalties and other amounts. . . . . . . . . . . . . . . 50
70 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Page 4
2012
A Bill
for
An Act to provide for the development and management of a
railway within the Surat Basin rail corridor land in a safe,
effective and efficient way and for related purposes
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Surat Basin Rail (Infrastructure 5
Development and Management) Act 2012. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Object of Act and its achievement 9
(1) The object of this Act is to facilitate the development and 10
operation of the railway. 11
(2) The object is intended to be achieved primarily by-- 12
(a) providing that particular provisions of the Land Title Act 13
1994 and the Property Law Act 1974 do not apply to a 14
railway lease declared under part 2 to be an exempt 15
lease; and 16
(b) providing a framework to-- 17
(i) allow the railway to be constructed and maintained 18
in an effective and efficient way; and 19
(ii) allow railway operators to operate rolling stock on 20
the railway in an effective and efficient way; and 21
(iii) allow railway managers to manage rail transport 22
infrastructure in an effective and efficient way; and 23
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 1 Preliminary
[s 4]
(iv) allow the railway to be managed and operated in an 1
effective and efficient way; and 2
(c) providing for the safety of the railway and persons at, on 3
or near the railway by imposing requirements and 4
establishing offences directed at ensuring the safety. 5
Division 2 Interpretation 6
4 Definitions 7
The dictionary in the schedule defines particular words used 8
in this Act. 9
5 Meaning of railway 10
Railway means the railway and rail transport infrastructure 11
situated, or proposed to be situated, within the Surat Basin rail 12
corridor land. 13
6 Meaning of railway works 14
Railway works means works for constructing, maintaining, 15
altering or operating the railway. 16
7 Meaning of Surat Basin rail corridor land 17
Surat Basin rail corridor land means land that is-- 18
(a) within the area declared as the Surat Basin 19
Infrastructure Corridor State Development Area under 20
the State Development and Public Works Organisation 21
Act 1971; and 22
(b) owned by the Coordinator-General; and 23
(c) prescribed under a regulation to be Surat Basin rail 24
corridor land. 25
Page 7
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 2 Exempt leases
[s 8]
Part 2 Exempt leases 1
8 Declaration of exempt lease 2
(1) The Minister may, by written instrument, declare a railway 3
lease to be an exempt lease. 4
(2) As soon as practicable after making the instrument, the 5
Minister must give a copy of it to the railway lessee. 6
(3) Within 21 days after making the instrument, the Minister must 7
publish a gazette notice setting out the declaration contained 8
in the instrument. 9
(4) Failure to comply with subsection (2) or (3) does not affect 10
the validity of the instrument. 11
9 Non-application of provisions of Land Title Act 1994 and 12
Property Law Act 1974 13
The following provisions do not apply to a lease declared to 14
be an exempt lease under section 8-- 15
(a) the Land Title Act 1994, section 67(3)(a); 16
(b) the Property Law Act 1974, section 121 and part 8, 17
division 3. 18
Part 3 Entering land and carrying out 19
activities for railway works or 20
investigations of land 21
Division 1 Interpretation 22
10 Definitions for pt 3 23
In this part-- 24
Page 8
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 10]
associated person-- 1
(a) of the Coordinator-General, means any of the 2
following-- 3
(i) a person who is an agent of, or contractor for, the 4
Coordinator-General, and engaged in writing by 5
the Coordinator-General to carry out activities 6
under sections 20 or 22; 7
(ii) an employee of, or a contractor for, an agent or 8
contractor mentioned in subparagraph (i); 9
(iii) if a person mentioned in subparagraph (i) is a 10
corporation--the corporation's chief executive, 11
secretary or directors; and 12
(b) of an authorised person, means any of the following-- 13
(i) if the authorised person is a corporation--the 14
corporation's chief executive, secretary or 15
directors; 16
(ii) the authorised person's employees or partners who 17
are individuals; 18
(iii) a person who is an agent of, or contractor for, the 19
authorised person, and engaged in writing for the 20
purposes of the authorised person's authority; 21
(iv) an employee of, or a contractor for, an agent or 22
contractor mentioned in subparagraph (iii); 23
(v) if a person mentioned in subparagraph (iii) is a 24
corporation--the corporation's chief executive, 25
secretary or directors. 26
authorised person means a person who holds a works 27
authority or an investigation authority. 28
investigation authority see section 15(1)(a). 29
works authority see section 14(1)(a). 30
Page 9
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 11]
Division 2 Applications for works authority or 1
investigation authority 2
11 Operation of div 2 3
This division provides for the railway licensee, railway lessee 4
or a railway manager to apply for a works authority or 5
investigation authority. 6
12 How to apply for works authority or investigation 7
authority 8
(1) The railway licensee, railway lessee or a railway manager 9
may apply to the Coordinator-General for an authority-- 10
(a) to enter land adjacent to the Surat Basin rail corridor 11
land, and carry out activities mentioned in section 20, 12
for carrying out railway works; or 13
(b) to enter any land, and carry out activities mentioned in 14
section 22, for investigating the potential suitability of 15
land as an expansion or realignment of the Surat Basin 16
rail corridor land. 17
(2) The applicant must consult with the owner or occupier of the 18
land about the proposed entry before applying for the 19
authority. 20
(3) The application must state-- 21
(a) the land proposed to be entered under the authority; and 22
(b) the purpose of the authority; and 23
(c) details of the nature of the activities proposed to be 24
conducted on the land; and 25
(d) the period for which the authority is sought; and 26
(e) details of the applicant's consultation with the owner or 27
occupier of the land. 28
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 13]
13 Additional information for application 1
(1) The Coordinator-General may-- 2
(a) make inquiries to decide the application; and 3
(b) ask the applicant to give the Coordinator-General 4
additional information the Coordinator-General 5
considers relevant to decide the application. 6
(2) To decide the application, the Coordinator-General may 7
consider any information the Coordinator-General considers 8
relevant. 9
14 Granting works authority 10
(1) The Coordinator-General may, for an application under 11
section 12(1)(a), decide to-- 12
(a) grant an authority (a works authority), with or without 13
conditions; or 14
(b) refuse to grant the works authority. 15
(2) If the Coordinator-General refuses to grant the works 16
authority, the Coordinator-General must give the applicant 17
written reasons for the decision. 18
(3) Without limiting subsection (1)(a), a condition may require 19
the applicant to give a bond or security deposit to the 20
Coordinator-General. 21
(4) The works authority must be only for the part of the land the 22
Coordinator-General is satisfied is reasonably necessary for 23
carrying out railway works. 24
(5) The works authority remains in force, unless cancelled, for the 25
term of not more than 3 years stated in the authority. 26
15 Granting investigation authority 27
(1) The Coordinator-General may, for an application under 28
section 12(1)(b), decide to-- 29
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 16]
(a) grant an authority (an investigation authority), with or 1
without conditions; or 2
(b) refuse to grant the investigation authority. 3
(2) If the Coordinator-General refuses to grant the investigation 4
authority, the Coordinator-General must give the applicant 5
written reasons for the decision. 6
(3) Without limiting subsection (1)(a), a condition may require 7
the applicant to give a bond or security deposit to the 8
Coordinator-General. 9
(4) The investigation authority must be only for the part of the 10
land the Coordinator-General is satisfied is reasonably 11
necessary for investigating the potential suitability of the land. 12
(5) The investigation authority remains in force, unless cancelled, 13
for the term of not more than 1 year stated in the authority. 14
16 Requirements of works authority and investigation 15
authority 16
A works authority and investigation authority must be written 17
and state all of the following-- 18
(a) the name of the authorised person for the authority; 19
(b) the land to which it applies; 20
(c) the purpose for which it is granted; 21
(d) when it expires; 22
(e) for a works authority, the powers mentioned in section 23
20 that the authorised person may exercise under the 24
authority; 25
(f) for an investigation authority, the powers mentioned in 26
section 22 that the authorised person may exercise under 27
the authority; 28
(g) the conditions, if any, imposed on the authority. 29
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 17]
17 Declaration about works authority and investigation 1
authority 2
It is declared that-- 3
(a) the grant of a works authority or investigation authority 4
is not an indication of a commitment or approval by the 5
State, the Coordinator-General or other person to any 6
proposal and, in particular, does not commit the State to 7
acquiring any land; and 8
(b) a person is not an employee or agent of the State merely 9
because the person is an authorised person. 10
18 Complying with conditions of works authority or 11
investigation authority 12
An authorised person, or an associated person of the 13
authorised person, must comply with each condition of the 14
authorised person's works authority or investigation 15
authority, unless the authorised person or associated person 16
has a reasonable excuse. 17
Maximum penalty--200 penalty units. 18
19 Cancellation of works authority or investigation authority 19
(1) The Coordinator-General may cancel an authorised person's 20
works authority or investigation authority if the 21
Coordinator-General is reasonably satisfied that-- 22
(a) the authorised person has not complied with this Act or 23
a condition of the authority; or 24
(b) an associated person of the authorised person has not 25
complied with this Act or a condition of the authority. 26
(2) The Coordinator-General must, as soon as practicable, give 27
the authorised person written notice of the cancellation. 28
(3) The authorised person must, as soon as practicable after 29
receiving the notice-- 30
(a) inform all associated persons of the authorised person 31
about the cancellation of the authority; and 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 20]
(b) stop all activities being carried out under the authority; 1
and 2
(c) give any identification issued by the authorised person 3
under section 28 to the Coordinator-General. 4
Division 3 Powers for entering land and 5
carrying out activities for railway 6
works or investigations 7
20 Coordinator-General or associated person may enter land 8
and carry out railway works 9
(1) The Coordinator-General, or an associated person authorised 10
in writing by the Coordinator-General, may enter the Surat 11
Basin rail corridor land and land adjacent to that land for 12
carrying out railway works. 13
(2) The Coordinator-General or associated person may, to the 14
extent reasonably necessary or convenient to achieve the 15
purpose of the entry under subsection (1), do any of the 16
following-- 17
(a) on the land, make an inspection, investigation, valuation 18
or survey, or take levels; 19
(b) dig and bore into the land to find out the nature of the 20
soil or substrata of the land, and mark the lines of any 21
works on the land; 22
(c) attach or set up on the land trigonometrical stations, 23
survey pegs, marks or poles and inspect, alter, remove, 24
reinstate and repair the land; 25
(d) occupy the land; 26
(e) on the occupied land-- 27
(i) construct or place plant, machinery, equipment or 28
goods; or 29
(ii) erect workshops, sheds and other buildings, 30
including buildings for providing housing and 31
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 21]
other amenities for officers or employees and their 1
dependants; or 2
(iii) make roads, cuttings and excavations; or 3
(iv) manufacture and work materials of all kinds; or 4
(v) deposit clay, earth, gravel, sand, stone, timber, 5
wood, and other material; or 6
(vi) take clay, earth, gravel, sand, stone, timber, wood, 7
and other material; or 8
(vii) demolish, destroy, and remove plant, machinery, 9
equipment, goods, workshops, sheds, buildings or 10
roads. 11
(3) The power to enter land under this section includes power-- 12
(a) to enter and re-enter the land; and 13
(b) to remain on the land for the period necessary to achieve 14
the purpose of the entry; and 15
(c) to take assistants, vehicles, materials, equipment and 16
things necessary to achieve the purpose of the entry. 17
21 Authorised person or associated person may enter land 18
and carry out railway works 19
An authorised person under a works authority, or an 20
associated person of the authorised person, may enter the land 21
to which the authority applies and, for carrying out railway 22
works, exercise the powers stated in the authority. 23
22 Coordinator-General or associated person may enter land 24
and investigate the land 25
(1) The Coordinator-General, or an associated person authorised 26
in writing by the Coordinator-General, may enter any land to 27
investigate the land's potential suitability for an expansion or 28
realignment of the Surat Basin rail corridor land. 29
(2) The Coordinator-General or associated person may, to the 30
extent reasonably necessary or convenient to achieve the 31
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 23]
purpose of the entry under subsection (1), do any of the 1
following-- 2
(a) do anything on the land; 3
(b) bring anything onto the land; 4
(c) temporarily leave machinery, equipment or other items 5
on the land. 6
(3) The power to enter land under this section includes power-- 7
(a) to enter and re-enter the land; and 8
(b) to remain on the land for the period necessary to achieve 9
the purpose of the entry; and 10
(c) to take assistants, vehicles, materials, equipment and 11
things necessary to achieve the purpose of the entry. 12
23 Authorised person or associated person may enter land 13
and investigate the land 14
An authorised person under an investigation authority, or an 15
associated person of the authorised person, may enter the land 16
to which the authority applies and, for investigating the land, 17
exercise the powers stated in the authority. 18
Division 4 Requirements for entering land 19
24 Entry to land by notice or agreement 20
(1) The Coordinator-General must, before the 21
Coordinator-General or an associated person of the 22
Coordinator-General enters someone else's land-- 23
(a) give at least 7 days written notice of the entry to the 24
land's owner or occupier; or 25
(b) obtain the written agreement of the land's owner or 26
occupier to the entry. 27
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 24]
(2) An authorised person must, before the authorised person or an 1
associated person of the authorised person enters someone 2
else's land-- 3
(a) give at least 7 days written notice of the entry to the 4
land's owner or occupier; or 5
(b) obtain the written agreement of the land's owner or 6
occupier to the entry. 7
(3) The notice must state all of the following-- 8
(a) the use intended to be made of the land; 9
(b) a general outline of the activities intended to be carried 10
out on the land; 11
(c) the approximate period during which the activities are 12
expected to be carried out; 13
(d) the notice is not an indication of a commitment or 14
approval by the State, the Coordinator-General or other 15
person to any proposal and, in particular, does not 16
commit the State to acquiring any land; 17
(e) the owner or occupier may claim compensation under 18
section 27 by giving a notice; 19
(f) the person who the owner or occupier must give a notice 20
to under section 27. 21
(4) Also, if the person entering the land is the 22
Coordinator-General or an associated person of the 23
Coordinator-General, the notice must-- 24
(a) be attached to-- 25
(i) for an entry under section 20, a copy of section 20; 26
or 27
(ii) for an entry under section 22, a copy of section 22; 28
and 29
(b) for an entry by an associated person--state that the 30
person is an associated person of the 31
Coordinator-General. 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 25]
(5) In addition, if the person entering the land is an authorised 1
person or an associated person of the authorised person, the 2
notice must-- 3
(a) be attached to a copy of the works authority or 4
investigation authority; and 5
(b) state the following-- 6
(i) that the Coordinator-General has given the 7
authorised person a works authority or 8
investigation authority for an area that is part of or 9
includes the land; 10
(ii) for an entry by an associated person--that the 11
person is an associated person of the authorised 12
person. 13
(6) The person entering the land need not comply with this 14
section for carrying out-- 15
(a) urgent remedial action on the railway; or 16
(b) maintenance on a road. 17
(7) However, if urgent remedial action is required, the person 18
entering the land must give the land's owner or occupier as 19
much oral notice as is practicable. 20
25 Care to be taken in entering land 21
(1) This section applies if the Coordinator-General, an authorised 22
person or associated person enters land to-- 23
(a) carry out railway works; or 24
(b) investigate the potential suitability of the land for an 25
expansion or realignment of the Surat Basin rail corridor 26
land. 27
(2) The Coordinator-General, authorised person or associated 28
person-- 29
(a) must take as much care as is practicable to minimise 30
damage to the land or inconvenience to the land's owner 31
or occupier; and 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 26]
(b) may do anything necessary or desirable to minimise the 1
damage or inconvenience. 2
26 Liability to pay compensation 3
(1) This section applies if the Coordinator-General, an authorised 4
person or associated person-- 5
(a) enters land and carries out railway works on the land; or 6
(b) enters land and carries out an investigation on the land. 7
(2) The Coordinator-General is liable to compensate the land 8
owner or occupier for any loss or damage suffered by the 9
owner or occupier arising from the entry onto the land, and 10
activities mentioned in subsection (1), of the 11
Coordinator-General or an associated person of the 12
Coordinator-General. 13
(3) The authorised person is liable to compensate the land owner 14
or occupier for any loss or damage suffered by the owner or 15
occupier arising from the entry onto the land, and activities 16
mentioned in subsection (1), of the authorised person or an 17
associated person of the authorised person. 18
27 Claiming compensation 19
(1) An owner or occupier of land entered under this part may, by 20
written notice-- 21
(a) claim compensation for loss or damage caused by-- 22
(i) the entry and railway works carried out on the 23
land; or 24
(ii) the entry and investigation carried out on the land; 25
or 26
(b) claim compensation for the taking or use of materials; or 27
(c) require works in restitution for the damage; or 28
(d) require works in restitution for the damage and then 29
claim compensation for any loss or damage not 30
restituted. 31
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 27]
(2) The owner or occupier must give the notice-- 1
(a) for an entry by the Coordinator-General or an associated 2
person of the Coordinator-General--to the 3
Coordinator-General; or 4
(b) for an entry by an authorised person or associated 5
person of the authorised person under a works 6
authority--to the Coordinator-General; or 7
(c) for an entry by an authorised person or associated 8
person of the authorised person under an investigation 9
authority--to the authorised person. 10
(3) The notice must be given-- 11
(a) within 1 year after the railway works or investigation of 12
the land is completed; or 13
(b) at a later time allowed by the Coordinator-General. 14
(4) The claim for compensation may be made-- 15
(a) whether or not the act or omission giving rise to the 16
claim was authorised under division 3 or a works 17
authority or investigation authority; and 18
(b) whether or not the person who made the entry, carried 19
out the railway works or carried out the investigation 20
took steps to prevent the loss or damage; and 21
(c) even though the loss or damage was caused, or 22
contributed to, by an associated person of the 23
Coordinator-General or an authorised person. 24
(5) The amount of compensation for loss or damage caused by an 25
entry to carry out railway works is-- 26
(a) the amount agreed between the Coordinator-General 27
and the person; or 28
(b) if the person and Coordinator-General can not agree 29
within a reasonable time--the amount decided by the 30
Land Court. 31
(6) The amount of compensation for loss or damage caused by an 32
entry to investigate land is-- 33
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 28]
(a) the amount agreed between the parties; or 1
(b) if the parties can not agree within a reasonable 2
time--the amount decided by the Land Court. 3
Division 5 Miscellaneous provisions 4
28 Coordinator-General or authorised person to issue 5
associated person with identification 6
(1) The Coordinator-General must issue an associated person of 7
the Coordinator-General with identification before the 8
associated person enters someone else's land and carries out 9
activities under division 3. 10
(2) An authorised person must issue an associated person of the 11
authorised person with identification before the associated 12
person enters someone else's land and carries out activities 13
under a works authority or investigation authority. 14
Maximum penalty--10 penalty units. 15
(3) The identification for an associated person of the 16
Coordinator-General must-- 17
(a) state the name of the person to whom the identification 18
is issued; and 19
(b) state that, for this Act, the person is an associated person 20
of the Coordinator-General; and 21
(c) state the capacity in which the associated person is an 22
associated person; and 23
(d) be signed by or for the Coordinator-General; and 24
(e) be signed by the associated person; and 25
(f) state an expiry date. 26
(4) The identification for an associated person of an authorised 27
person must-- 28
(a) state the names of the authorised person and the person 29
to whom the identification is issued; and 30
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Part 3 Entering land and carrying out activities for railway works or investigations of land
[s 29]
(b) state that, for this Act, the person is an associated person 1
of the holder of a works authority or investigation 2
authority; and 3
(c) state the capacity in which the associated person is an 4
associated person; and 5
(d) be signed by or for the authorised person; and 6
(e) be signed by the associated person; and 7
(f) state an expiry date. 8
29 Owner or occupier may inspect authority or identification 9
(1) This section applies if a person who claims to be or appears to 10
be the owner or occupier of land asks an individual who has 11
entered, is entering or is about to enter land under this part-- 12
(a) for identification; or 13
(b) about the person's authority to enter the land. 14
(2) If the request is made of an authorised person, the authorised 15
person must immediately state the authorised person's name 16
and show the other person a copy of the authorised person's 17
works authority or investigation authority. 18
Maximum penalty--10 penalty units. 19
(3) If the request is made of an associated person of the 20
Coordinator-General or an authorised person, the associated 21
person must immediately state his or her name and show the 22
other person the associated person's identification. 23
Maximum penalty--10 penalty units. 24
30 Return of identification 25
(1) This section applies to a person who stops being an associated 26
person of the Coordinator-General or an authorised person. 27
(2) The person must return the identification issued under section 28
28 to the Coordinator-General or authorised person within 21 29
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 31]
days after the person stops being an associated person, unless 1
the person has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
Part 4 Roads, crossings and 4
watercourses 5
Division 1 General provisions about roads and 6
crossings 7
31 Altering road levels 8
(1) In constructing or managing the railway, a railway manager 9
may alter the level of a road or require the authority 10
responsible for the road to alter its level. 11
(2) Unless the railway manager and the authority responsible for 12
the road agree, the railway manager must pay all reasonable 13
expenses incurred by the authority in altering the road level. 14
(3) A person whose land is directly affected by the alteration may 15
claim compensation from the railway manager. 16
(4) The amount of compensation is-- 17
(a) the amount agreed between the parties; or 18
(b) if the parties can not agree within a reasonable 19
time--the amount decided by a court with jurisdiction 20
for the recovery of the amount of compensation. 21
32 Maintaining roads crossing railways 22
(1) A railway manager must maintain-- 23
(a) a part of the railway on a road; and 24
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 33]
(b) the surface of the road, in a character in keeping with the 1
road-- 2
(i) between the rails; and 3
(ii) outside the outermost rails to a distance of 2m. 4
(2) If a part of the railway is built by way of a bridge or other 5
structure over or under a road, the authority that maintained 6
the road before the railway was built must continue to 7
maintain the road over or under the bridge or structure. 8
(3) If there is no railway manager, the railway licensee or railway 9
lessee must comply with subsection (1). 10
(4) If there is no railway manager, railway licensee and railway 11
lessee, the authority that maintained the road before the 12
railway was built must comply with subsection (1)(b). 13
33 Extending roads through or over Surat Basin rail corridor 14
land 15
(1) A local government must apply to the Coordinator-General to 16
obtain the Coordinator-General's written approval to 17
construct, maintain and operate a road on the Surat Basin rail 18
corridor land by way of-- 19
(a) a bridge or other structure over a part of the railway; or 20
(b) a bridge or other structure that allows the road to pass 21
under a part of the railway; or 22
(c) a crossing at the same level as a part of the railway. 23
Example for paragraph (c)-- 24
a level crossing 25
(2) The Coordinator-General must consider the application and 26
may decide to-- 27
(a) grant the approval, with or without conditions; or 28
(b) refuse to grant the approval. 29
(3) Without limiting subsection (2), a condition of the approval 30
may provide for the future expansion or realignment of the 31
railway on the Surat Basin rail corridor land. 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 33]
Example-- 1
A condition may provide that the length of a bridge over the railway be 2
long enough to allow for an additional track to be laid in the future. 3
(4) Before deciding the application, the Coordinator-General 4
must consult with a railway manager and the railway licensee 5
or railway lessee. 6
(5) The Coordinator-General must give the local government 7
written notice of the Coordinator-General's decision on the 8
application. 9
(6) If the approval is granted-- 10
(a) the Coordinator-General must immediately give a copy 11
of the approval to the registrar of titles; and 12
(b) the registrar of titles must record the approval in the 13
freehold land register for the Surat Basin rail corridor 14
land; and 15
(c) a railway manager, the railway licensee and railway 16
lessee may continue to use the land under the approval 17
other than any land excluded by a condition of the 18
approval; and 19
(d) the Coordinator-General, a railway manager, the railway 20
licensee and railway lessee and their agents or 21
employees do not have any duty or liability for the road 22
or its use or operation. 23
(7) Once the road is used, it is taken to be-- 24
(a) a road under the local government's control; and 25
(b) a road under any Act about the use of vehicles on a road. 26
(8) Unless the Coordinator-General and the local government 27
otherwise agree-- 28
(a) the local government is responsible for maintaining the 29
road and the bridge, structure or crossing; and 30
(b) if the road stops being used--the local government is 31
responsible for the cost of taking the bridge, structure or 32
crossing away and restoring the part of the railway on 33
the land. 34
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Part 4 Roads, crossings and watercourses
[s 34]
34 Impact of change of management of local government 1
road on the railway 2
(1) A local government must apply to the Coordinator-General to 3
obtain the Coordinator-General's written approval to make a 4
change to the management of a local government road that, if 5
made-- 6
(a) would require works to be carried out on the railway; or 7
(b) would have a significant adverse impact on the safety 8
and operational integrity of the railway. 9
(2) The Coordinator-General-- 10
(a) must consider the application within-- 11
(i) 30 days after receiving it; or 12
(ii) the longer period notified to the local government 13
by the Coordinator-General, in writing, before the 14
end of the 30 days; and 15
(b) may decide to-- 16
(i) approve the proposed change, with or without 17
conditions; or 18
(ii) refuse to approve the proposed change. 19
(3) The Coordinator-General must give the local government 20
written notice of the Coordinator-General's decision on the 21
application. 22
(4) The Coordinator-General is taken to have approved the 23
proposed change if the Coordinator-General does not within 24
30 days of receiving the application-- 25
(a) decide the application; or 26
(b) give the local government a notice under subsection (3). 27
(5) This section does not apply if the Coordinator-General has 28
considered the change to the management of the local 29
government road as part of the Coordinator-General's 30
consideration of an application for a development approval. 31
(6) In this section-- 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 35]
development approval means a development approval under 1
the Sustainable Planning Act 2009. 2
35 Closing railway crossings 3
(1) A railway manager may temporarily close or regulate a 4
railway crossing if satisfied it is necessary because of an 5
immediate threat to-- 6
(a) the safety of the railway; or 7
(b) the public using it or who may use it. 8
(2) If the manager decides to close or regulate a crossing, the 9
manager must, as soon as practicable after its closure or 10
regulation-- 11
(a) notify the authority responsible for the crossing of its 12
closure or regulation, unless the authority has agreed 13
that notification is unnecessary; and 14
(b) if there is a relevant person for the crossing-- 15
(i) notify the relevant person of its closure or 16
regulation, unless the relevant person has agreed 17
that notification is unnecessary; and 18
(ii) notify the relevant person that the person may 19
apply under section 60 for an internal review of the 20
decision; and 21
(iii) give the relevant person written reasons for the 22
decision. 23
(3) A relevant person for the crossing may, by written notice 24
given to the railway manager, claim compensation for loss or 25
damage directly suffered by the relevant person and arising 26
from the closure or regulation of the crossing. 27
(4) The notice under subsection (3) must be given-- 28
(a) within 1 year after the closure or regulation ends; or 29
(b) at a later time allowed by the Coordinator-General. 30
(5) The amount of compensation for the loss or damage is-- 31
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 36]
(a) the amount agreed between the parties; or 1
(b) if the parties can not agree within a reasonable 2
time--the amount decided by a court with jurisdiction 3
for the recovery of the amount of compensation 4
claimed. 5
(6) In this section-- 6
relevant person, for a railway crossing, means-- 7
(a) a grantee of an easement for the railway crossing; or 8
(b) a grantee of a licence to use the railway crossing. 9
Division 2 Public use of Surat Basin rail 10
corridor land 11
36 No presumption of dedication of roads 12
If the public uses part of the Surat Basin rail corridor land as a 13
road or otherwise for access purposes, the land is not taken to 14
have been dedicated for use as a road even though the use is 15
authorised or allowed by the Coordinator-General, the railway 16
licensee, the railway lessee or a railway manager. 17
37 Level crossings 18
(1) Pedestrians and drivers of vehicles must give way to-- 19
(a) a railway operator's rolling stock on railway tracks at a 20
level crossing; and 21
(b) a railway manager's rail vehicle on railway tracks at a 22
level crossing. 23
(2) If an accident happens at a level crossing because a person 24
does not comply with subsection (1)-- 25
(a) the railway operator and railway manager are not liable 26
for any injury or damage caused in the accident; and 27
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 38]
(b) the person must pay the railway operator or railway 1
manager the cost of any damage caused to property of 2
the operator or manager. 3
(3) However, subsection (2) does not apply if the railway 4
operator or railway manager, or an agent or employee of the 5
operator or manager, were negligent in relation to the 6
accident. 7
Division 3 Watercourses 8
38 Approvals to divert or construct watercourses 9
(1) To carry out railway works, a railway manager may, with the 10
Coordinator-General's written approval-- 11
(a) divert a watercourse; or 12
(b) construct a watercourse, whether temporary or 13
permanent. 14
(2) In deciding whether to approve the diversion of a 15
watercourse, the Coordinator-General must consider the effect 16
the works for the diversion would have on the watercourse's 17
physical integrity and flow characteristics. 18
(3) Subsection (2) does not limit the matters the 19
Coordinator-General may consider. 20
(4) The approval may be given with or without conditions. 21
39 Cancellation of approval 22
(1) The Coordinator-General may cancel a person's approval 23
under section 38 if the Coordinator-General is reasonably 24
satisfied that the person has not complied with a condition of 25
the approval. 26
(2) The Coordinator-General must, as soon as practicable, give 27
the person written notice of the cancellation. 28
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 4 Roads, crossings and watercourses
[s 40]
(3) The person must, as soon as practicable after receiving notice 1
of the cancellation, stop all activities being carried out under 2
the approval. 3
40 Coordinator-General may enter land and carry out 4
activities for watercourses 5
(1) If the Coordinator-General considers that water from a 6
watercourse has collected and obstructs, or is likely to collect 7
and obstruct, traffic on the railway, the Coordinator-General, 8
or a person authorised under this section by the 9
Coordinator-General, may-- 10
(a) enter the land on which the watercourse is situated; and 11
(b) take the action that the Coordinator-General considers 12
necessary or desirable to reduce or prevent the 13
collection of water. 14
(2) Before acting under subsection (1), the Coordinator-General 15
may, by written notice, require the owner of the land on which 16
the watercourse is situated to take the action that the 17
Coordinator-General considers necessary or desirable to 18
reduce or prevent the collection of water. 19
(3) The owner must comply with the notice, unless the owner has 20
a reasonable excuse. 21
Maximum penalty--200 penalty units. 22
(4) If the owner does not comply with the notice, the 23
Coordinator-General may exercise the powers mentioned in 24
subsection (1). 25
(5) The owner is liable to pay the Coordinator-General the costs 26
incurred because of the exercise of the powers. 27
(6) This section applies-- 28
(a) even if the water collected, or was likely to collect, as a 29
result of action authorised under an Act; or 30
(b) whether the water collects, or was likely to collect, 31
permanently, temporarily or intermittently. 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 41]
41 Notice for entry to land under s 40 1
(1) Before the Coordinator-General or a person authorised under 2
section 40 enters someone else's land, the 3
Coordinator-General or the person must-- 4
(a) give at least 7 days written notice of the entry to the 5
land's owner or occupier; or 6
(b) obtain the written agreement of the land's owner or 7
occupier to the entry. 8
(2) The Coordinator-General or person need not comply with 9
subsection (1) for-- 10
(a) urgent remedial action on the railway; or 11
(b) maintenance on a road. 12
(3) However, if urgent remedial action is required, the 13
Coordinator-General or person must give the land's owner or 14
occupier as much oral notice as is practicable. 15
Part 5 Declaration of common areas 16
and carrying out works near 17
the railway 18
Division 1 Minister may declare common areas 19
42 Common areas for particular roads 20
(1) This section applies if the route of the Surat Basin rail corridor 21
land-- 22
(a) is interrupted by a relevant road; and 23
(b) continues on the other side of the relevant road. 24
(2) The Minister may, by gazette notice, declare the part of the 25
relevant road where it interrupts the route to be a common 26
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 42]
area (common area) for the relevant road and the route of the 1
Surat Basin rail corridor land. 2
(3) If the Minister declares a common area-- 3
(a) a railway manager may construct, maintain and operate 4
the railway on the common area in a way consistent with 5
its use as a relevant road; and 6
Examples for use as a relevant road-- 7
· a level crossing 8
· a bridge or other structure over the road 9
· a bridge or other structure that allows the railway to pass 10
under the road 11
(b) the railway licensee may use and occupy the common 12
area for the period that it holds a railway licence in a 13
way consistent with its use as a relevant road and the 14
railway licence; and 15
(c) the railway lessee may use and occupy the common area 16
for the period that it holds the railway lease in a way 17
consistent with its use as a relevant road and the railway 18
lease; and 19
(d) the relevant person for the relevant road may construct, 20
maintain and operate the relevant road on the common 21
area in a way consistent with its use for the railway; and 22
(e) the relevant person for the relevant road and the relevant 23
person's agents or employees do not have any liability 24
for the railway or its use or operation on the common 25
area. 26
(4) After a common area is declared-- 27
(a) the Coordinator-General must give a copy of the gazette 28
notice to the registrar of titles promptly after the gazette 29
notice is published; and 30
(b) the registrar of titles must record the declaration in the 31
appropriate register for the Surat Basin rail corridor 32
land. 33
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 43]
(5) If the railway on a common area is not used, or stops being 1
used, the railway lessee or railway licensee is liable for the 2
cost of removing the rail transport infrastructure from the 3
common area and restoring the road, unless the 4
Coordinator-General and the railway lessee or railway 5
licensee otherwise agree. 6
(6) The Coordinator-General must consult with the relevant 7
person for the relevant road before entering into an agreement 8
mentioned in subsection (5). 9
(7) In this section-- 10
relevant person see the Transport Infrastructure Act 1994, 11
section 249. 12
relevant road means-- 13
(a) a stock route; or 14
(b) a relevant road under the Transport Infrastructure Act 15
1994, section 249. 16
43 Common areas for non-tidal boundary watercourses 17
(1) This section applies if the route of the Surat Basin rail corridor 18
land-- 19
(a) is interrupted by a non-tidal boundary watercourse; and 20
(b) continues on the other side of the non-tidal boundary 21
watercourse. 22
(2) The Minister may, by gazette notice, declare the part of the 23
non-tidal boundary watercourse where it interrupts the Surat 24
Basin rail corridor land to be a common area (common area) 25
for the non-tidal boundary watercourse and the Surat Basin 26
rail corridor land. 27
(3) If the Minister declares a common area-- 28
(a) the Coordinator-General, a railway manager, or a person 29
authorised by the Coordinator-General under this 30
section, may in the common area-- 31
(i) survey and resurvey a watercourse crossing; and 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 43]
(ii) construct, augment, improve, maintain, operate 1
and replace a watercourse crossing; and 2
(iii) name and number a watercourse crossing; and 3
(b) the railway licensee may use and occupy the common 4
area for the period that it holds the railway licence in a 5
way consistent with the railway licence; and 6
(c) the railway lessee may use and occupy the common area 7
for the period that it holds the railway lease in a way 8
consistent with the railway lease. 9
(4) After a common area is declared-- 10
(a) the Coordinator-General must give a copy of the gazette 11
notice to the registrar of titles promptly after the gazette 12
notice is published; and 13
(b) the registrar of titles must record the declaration in the 14
appropriate register for the Surat Basin rail corridor 15
land. 16
(5) If the railway on a common area is not used, or stops being 17
used, the railway lessee or railway licensee is liable for the 18
cost of removing rail transport infrastructure from the 19
common area and restoring the non-tidal boundary 20
watercourse, unless the Coordinator-General and the railway 21
lessee or railway licensee otherwise agree. 22
(6) A declaration under this section does not remove or diminish 23
any existing right the State or a person may have in relation to 24
a non-tidal boundary watercourse in the common area 25
including the rights of an owner or occupier of land adjoining 26
the Surat Basin rail corridor land mentioned in the Land Act 27
1994, section 13A. 28
(7) In this section-- 29
non-tidal boundary watercourse means land that is the 30
property of the State under the Land Act 1994, section 13A(1) 31
or (2). 32
watercourse crossing means rail transport infrastructure that 33
is, or is proposed to be, situated over, under, on or in a 34
non-tidal boundary watercourse. 35
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 44]
Division 2 Works near the railway 1
44 Approval to carry out works near the railway 2
(1) A person must not, without the Coordinator-General's written 3
approval, carry out works near the railway if the works 4
threaten, or are likely to threaten, the railway's safety or 5
operational integrity. 6
(2) The Coordinator-General may give the person a written 7
approval if the Coordinator-General reasonably believes the 8
works do not threaten, or are not likely to threaten, the 9
railway's safety or operational integrity. 10
(3) It is declared that the Coordinator-General's approval under 11
this section does not affect any requirement under another Act 12
that the person must comply with to carry out the works. 13
(4) This section binds all persons, including the State. 14
45 Power to require works to stop 15
(1) Subsection (2) applies if the Coordinator-General reasonably 16
believes a person is carrying out, or proposes to carry out, 17
works near the railway that threaten, or are likely to threaten, 18
the railway's safety or operational integrity. 19
(2) The Coordinator-General may give the person a written 20
direction to stop, alter or not start the works. 21
(3) The person must comply with the direction, unless the person 22
has a reasonable excuse. 23
Maximum penalty--100 penalty units. 24
(4) If works are carried out without an approval under section 44 25
or contrary to a direction under subsection (2), the 26
Coordinator-General may, by written notice, require the 27
owner of the land where the works are situated to alter, 28
demolish or take away the works within a stated reasonable 29
period. 30
(5) The person must comply with the requirement, unless the 31
person has a reasonable excuse. 32
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 5 Declaration of common areas and carrying out works near the railway
[s 46]
Maximum penalty--100 penalty units. 1
(6) If the person does not comply with the requirement, the 2
Coordinator-General may-- 3
(a) alter, demolish or take away the works; or 4
(b) alter, demolish or take away the works and recover the 5
cost of doing so from the land's owner as a debt payable 6
by the owner. 7
(7) For this section, a person authorised by the 8
Coordinator-General may enter land and inspect works-- 9
(a) after giving 3 days written notice of the entry to the 10
land's owner or occupier; or 11
(b) with the written agreement of the land's owner or 12
occupier to the entry; or 13
(c) without notice or approval, if the Coordinator-General 14
reasonably believes there is an immediate and 15
significant threat to the railway's safety or operational 16
integrity. 17
(8) If a person enters land under subsection (7)(c), the 18
Coordinator-General must give the land's owner or occupier 19
as much oral notice as is practicable. 20
(9) This section binds all persons, including the State. 21
46 Registration of notice about nature of works 22
(1) This section applies if the Coordinator-General reasonably 23
believes works near the railway that may be conducted on 24
land are likely to threaten the safety or operational integrity of 25
the railway. 26
(2) The Coordinator-General may give the registrar of titles a 27
signed notice-- 28
(a) identifying the land; and 29
(b) identifying the nature of works that may be conducted 30
on the land the Coordinator-General reasonably believes 31
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Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 6 Giving or requiring information
[s 47]
is likely to threaten the safety or operational integrity of 1
the railway; and 2
(c) stating that the owner of the land must obtain the 3
Coordinator-General's written approval under section 44 4
before conducting works of that nature on the land. 5
(3) The registrar of titles must ensure a notice appears in the 6
appropriate register so that a search of the register will show 7
that an owner of the land must obtain the 8
Coordinator-General's written approval under section 44 9
before conducting works of the nature identified in the notice 10
on the land. 11
(4) No fee is payable for registration of the notice. 12
Part 6 Giving or requiring information 13
47 Coordinator-General may give information to 14
corresponding authority 15
(1) For the transport of dangerous goods on or over the Surat 16
Basin rail corridor land, the Coordinator-General may give to 17
a corresponding authority-- 18
(a) information about action taken by the 19
Coordinator-General under this Act; or 20
(b) information obtained under this Act. 21
(2) Subsection (1) does not apply if the Coordinator-General or 22
the corresponding authority would otherwise be required to 23
maintain confidentiality about the information under an Act. 24
(3) In this section-- 25
corresponding authority means-- 26
(a) a government entity of the Commonwealth or another 27
State responsible for administering a corresponding law 28
to the Transport Infrastructure Act 1994 or the 29
Transport (Rail Safety) Act 2010; or 30
Page 37
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 7 General offence provisions
[s 48]
(b) an entity prescribed under a regulation as a 1
corresponding authority for this Act. 2
dangerous goods see the Transport Infrastructure Act 1994, 3
schedule 6. 4
48 Power to require information from local governments 5
(1) The Coordinator-General may, by written notice given to a 6
local government, require the local government to give to the 7
Coordinator-General, or to a person stated in the notice, 8
information on a particular issue relevant to-- 9
(a) the discharge of the Coordinator-General's functions or 10
the exercise of powers under this Act; or 11
(b) the discharge of the local government's functions or 12
exercise of powers under the Sustainable Planning Act 13
2009. 14
(2) The notice must state a reasonable period within which the 15
notice is to be complied with and may state the way in which 16
it is to be complied with. 17
(3) The local government must comply with the notice. 18
(4) However, the local government may appeal to the Minister 19
against the notice and, if the local government appeals, the 20
local government only has to comply with the notice if, and to 21
the extent that, the Minister directs. 22
Part 7 General offence provisions 23
49 Trespassing on railway 24
A person must not intentionally or recklessly trespass on the 25
railway. 26
Maximum penalty--40 penalty units. 27
Page 38
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 7 General offence provisions
[s 50]
50 Interfering with railway 1
(1) A person in or on the Surat Basin rail corridor land must not 2
interfere with the railway unless-- 3
(a) the person has the written approval of a relevant person; 4
or 5
(b) the interference is permitted or authorised under a right 6
of access under section 33 or the Transport (Rail Safety) 7
Act 2010; or 8
(c) the interference is otherwise approved, authorised or 9
permitted under this Act or another Act. 10
Maximum penalty--160 penalty units. 11
(2) A person in or on the Surat Basin rail corridor land must not 12
attempt to interfere with the railway unless subsection (1)(a), 13
(b) or (c) applies to the person. 14
Maximum penalty--80 penalty units. 15
(3) An approval may be subject to a reasonable condition. 16
(4) The person must comply with the condition. 17
Maximum penalty--40 penalty units. 18
(5) Subsections (1) and (2) do not apply to a person who carries 19
out urgent maintenance of the railway. 20
(6) If a relevant person decides to refuse to give an approval or 21
gives an approval subject to a condition, the relevant person 22
must give the person a notice stating the reasons for the 23
decision. 24
(7) If the relevant person is a railway manager, the notice must 25
also state that the person may apply under section 60 for an 26
internal review of the decision. 27
(8) This section binds all persons, including the State. 28
(9) In this section-- 29
interfere with, the railway, means-- 30
(a) carry out works in or on the Surat Basin rail corridor 31
land; or 32
Page 39
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 7 General offence provisions
[s 51]
(b) carry out works in or on a railway crossing or 1
watercourse crossing; or 2
(c) otherwise interfere with the railway or its operation. 3
relevant person means-- 4
(a) a railway manager; or 5
(b) otherwise--the Coordinator-General. 6
watercourse crossing see section 43(7). 7
51 Rectifying unauthorised interference 8
(1) If a person contravenes section 50(1) by interfering with the 9
railway, a railway manager may, by written notice, require the 10
person to rectify the interference within a stated reasonable 11
period. 12
(2) The person must comply with the requirement, unless the 13
person has a reasonable excuse. 14
Maximum penalty--40 penalty units. 15
(3) If the person does not comply with the requirement, the 16
railway manager may rectify the interference. 17
(4) The person must pay the railway manager's costs of-- 18
(a) rectifying the interference; or 19
(b) altering the construction, maintenance or operation of 20
the railway because of the interference. 21
(5) In this section-- 22
rectify the interference means-- 23
(a) alter, dismantle or take away any works; or 24
(b) fix any damage caused by the interference. 25
52 Altering watercourse to adversely affect the railway 26
(1) A person must not, without a reasonable excuse, alter a 27
watercourse in a way that adversely affects the railway. 28
Page 40
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 7 General offence provisions
[s 53]
Maximum penalty--40 penalty units. 1
(2) A person must not, without a reasonable excuse, attempt to 2
alter a watercourse in a way that adversely affects the railway. 3
Maximum penalty--20 penalty units. 4
(3) In this section-- 5
alter includes damage and interfere with. 6
53 Altering materials or railway works 7
(1) A person must not, without a reasonable excuse, alter any 8
naturally occurring materials, stockpile of material or railway 9
works on the railway. 10
Maximum penalty--200 penalty units. 11
(2) A person must not, without a reasonable excuse, attempt to 12
alter any naturally occurring materials, stockpile of material 13
or railway works on the railway. 14
Maximum penalty--100 penalty units. 15
(3) A person must not deposit rubbish or abandon goods or 16
materials on the railway other than at places approved by, and 17
under conditions fixed by, a relevant person for the railway. 18
Maximum penalty--200 penalty units. 19
(4) In this section-- 20
alter includes damage, interfere with and remove. 21
relevant person, for the railway, means-- 22
(a) a railway manager; or 23
(b) the Coordinator-General. 24
54 Pretending to be an authorised person or associated 25
person 26
A person must not pretend to be-- 27
(a) an authorised person; or 28
Page 41
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 8 Relationship with other Acts
[s 55]
(b) an associated person of the Coordinator-General; or 1
(c) an associated person of an authorised person. 2
Maximum penalty--80 penalty units. 3
Part 8 Relationship with other Acts 4
Division 1 Transport noise corridors under 5
Building Act 1975 6
55 Application of provisions of Building Act 1975 7
The Building Act 1975, chapter 8B, parts 1 and 3 (the applied 8
provisions) applies to the Surat Basin rail corridor land and 9
land adjoining it as if-- 10
(a) a reference to railway land in the applied provisions 11
included a reference to the Surat Basin rail corridor 12
land; and 13
(b) a reference to the transport chief executive in the applied 14
provisions were a reference to the Coordinator-General. 15
56 Recording of information for land in transport noise 16
corridor 17
(1) The Coordinator-General may give the registrar of titles a 18
written notice about land within a transport noise corridor. 19
(2) The notice must include particulars of the land. 20
(3) If the Coordinator-General acts under subsection (1), the 21
registrar of titles must-- 22
(a) keep a record to show the land to which the notice 23
relates is land within a transport noise corridor; and 24
Page 42
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 8 Relationship with other Acts
[s 57]
(b) keep the record in a way that a search of the register kept 1
by the registrar under any Act relating to title to land 2
will show the land is within a transport noise corridor. 3
(4) Subsection (5) applies if land for which a notice is given 4
under subsection (1) is no longer within a transport noise 5
corridor. 6
(5) As soon as practicable after becoming aware the land is no 7
longer within the transport noise corridor, the 8
Coordinator-General must give the registrar of titles written 9
notice of the fact. 10
(6) On receiving the notice, the registrar of titles must remove the 11
record mentioned in subsection (3) from the registrar's 12
records. 13
(7) No fee is payable to the registrar for keeping or removing a 14
record under this section. 15
(8) In this section-- 16
transport noise corridor means a transport noise corridor 17
designated under the Building Act 1975, chapter 8B, part 3. 18
Division 2 Easements under Land Title Act 19
1994 20
57 Grant and registration of easements 21
(1) The railway lessee may grant an easement that burdens the 22
railway lease. 23
(2) The instrument creating the easement may be registered under 24
the Land Title Act 1994, section 83. 25
(3) For the Land Title Act 1994, section 83(1)(b)(i), a reference to 26
the registered owner is taken to include the railway lessee. 27
(4) This section does not prevent-- 28
(a) the Coordinator-General from granting or registering an 29
easement that burdens a lot of the land subject to the 30
railway lease; or 31
Page 43
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 9 Severance of rail transport infrastructure
[s 58]
(b) the railway lessee from registering more than 1 1
instrument creating an easement that burdens the 2
railway lease. 3
(5) It is declared that-- 4
(a) an easement over the railway lease ends when the 5
railway lease ends; and 6
(b) this section only applies to a lot that is the Surat Basin 7
rail corridor land and a lot that adjoins the Surat Basin 8
rail corridor land. 9
Division 3 Transport Infrastructure Act 1994 10
58 Non-application of provisions of Transport Infrastructure 11
Act 1994 12
The Transport Infrastructure Act 1994, chapters 7 and 16 do 13
not apply to-- 14
(a) railway works that are carried out, or are to be carried 15
out, under this Act; or 16
(b) investigations for the expansion or realignment of the 17
Surat Basin rail corridor land that are carried out, or are 18
to be carried out, under this Act; or 19
(c) the Surat Basin rail corridor land; or 20
(d) the railway. 21
Part 9 Severance of rail transport 22
infrastructure 23
59 Severance of declared infrastructure 24
(1) A regulation may declare that rail transport infrastructure 25
stated in the regulation (the declared infrastructure) is 26
Page 44
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 10 Reviews
[s 60]
severed from the Surat Basin rail corridor land on which it is 1
situated or proposed to be situated. 2
(2) The regulation may state the day when the declared 3
infrastructure is severed. 4
(3) On and after the day the declared infrastructure is severed, the 5
declared infrastructure is taken to be, and must be dealt with 6
as, personal property separate from the land. 7
(4) The severance of the declared infrastructure from land under 8
this section-- 9
(a) does not affect the right of the declared infrastructure to 10
be situated on the land; and 11
(b) does not affect a person's rights or obligations under an 12
agreement relating to the declared infrastructure, other 13
than to the extent stated in the agreement; and 14
(c) does not affect any right to drain water or sewage from 15
the declared infrastructure across and through the land 16
or to use any means of drainage of water or sewage 17
across and through the land; and 18
(d) is not a dutiable transaction under the Duties Act 2001. 19
Part 10 Reviews 20
60 Internal review of decisions 21
(1) A person whose interests are affected by a decision made by a 22
railway manager under section 35 or 50 may ask the 23
Coordinator-General to review the decision. 24
(2) The Transport Planning and Coordination Act 1994, part 5, 25
division 2 (the applied provisions) applies to the review as 26
if-- 27
(a) a reference to a transport Act in the applied provisions 28
included a reference to this Act; and 29
Page 45
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 11 Legal proceedings
[s 61]
(b) a reference to the chief executive in the applied 1
provisions were a reference to the Coordinator-General. 2
61 External review of decisions 3
(1) If the reviewed decision is not the decision sought by the 4
applicant for the review, the Coordinator-General must give 5
the applicant an information notice for the reviewed decision. 6
(2) The applicant may apply, as provided under the QCAT Act, to 7
QCAT for a review of the reviewed decision. 8
Note-- 9
The QCAT Act, section 22(3) provides that QCAT may stay the 10
operation of the reviewed decision, either on application by a person or 11
on its own initiative. 12
(3) In this section-- 13
information notice, means a written notice stating that the 14
person may-- 15
(a) ask for the reviewed decision to be reviewed by QCAT; 16
and 17
(b) apply for the reviewed decision to be stayed under the 18
QCAT Act. 19
reviewed decision means the Coordinator-General's decision 20
on a review under section 60. 21
Part 11 Legal proceedings 22
Division 1 Evidence 23
62 No need to prove authority 24
In a proceeding for an offence against this Act, a person who 25
is granted a works authority or investigation authority must be 26
Page 46
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 11 Legal proceedings
[s 63]
presumed to be an authorised person unless a party to the 1
proceeding, by reasonable notice, requires proof of it. 2
63 Conduct of company directors, employees or agents 3
(1) If, in a proceeding for an offence against this Act, it is 4
necessary to establish the state of mind of a corporation about 5
particular conduct, it is enough to show-- 6
(a) the conduct was engaged in by a representative of the 7
corporation within the scope of the representative's 8
actual or apparent authority; and 9
(b) the representative had the state of mind. 10
(2) Conduct engaged in for a corporation by a representative of 11
the corporation within the scope of the representative's actual 12
or apparent authority is taken, in a proceeding for an offence 13
against this Act, to have been engaged in also by the 14
corporation unless the corporation establishes it took 15
reasonable precautions and exercised appropriate diligence to 16
avoid the conduct. 17
(3) If, in a proceeding for an offence against this Act, it is 18
necessary to establish the state of mind of an individual about 19
particular conduct, it is enough to show-- 20
(a) the conduct was engaged in by a representative of the 21
individual within the scope of the representative's actual 22
or apparent authority; and 23
(b) the representative had the state of mind. 24
(4) Conduct engaged in for an individual by a representative of 25
the individual within the scope of the representative's actual 26
or apparent authority is taken, in a proceeding for an offence 27
against this Act, to have been engaged in also by the 28
individual unless the individual establishes the individual took 29
reasonable precautions and exercised appropriate diligence to 30
avoid the conduct. 31
(5) In this section-- 32
engaging in conduct includes failing to engage in conduct. 33
Page 47
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 11 Legal proceedings
[s 64]
representative means-- 1
(a) for a corporation--an executive officer, employee or 2
agent of the corporation; or 3
(b) for an individual--an employee or agent of the 4
individual. 5
state of mind of a person includes-- 6
(a) the person's knowledge, intention, opinion, belief or 7
purpose; and 8
(b) the person's reasons for the intention, opinion, belief or 9
purpose. 10
64 Other evidentiary aids 11
A statement in a complaint for an offence against this Act that 12
the matter of the complaint came to the knowledge of the 13
complainant on a stated day is evidence of when the matter 14
came to the complainant's knowledge. 15
Division 2 Offence proceedings 16
65 Summary offences 17
An offence against this Act is a summary offence. 18
66 Limitation on time for starting proceeding for summary 19
offence 20
A summary proceeding under the Justices Act 1886 for a 21
summary offence must start within the later of the following 22
periods to end-- 23
(a) 1 year after the commission of the offence; or 24
(b) 6 months after the offence comes to the complainant's 25
knowledge, but within 2 years after the commission of 26
the offence. 27
Page 48
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 12 Miscellaneous provisions
[s 67]
Part 12 Miscellaneous provisions 1
67 Recovery of cost of damage 2
(1) This section applies if a person intentionally, recklessly or 3
negligently damages railway works on the railway. 4
(2) The person is liable to pay the relevant person for the railway 5
works the cost of repairing the damage. 6
(3) However, if the damage is caused by the driver of a vehicle 7
whose identity is unknown, or who can not be located, the 8
registered operator of the vehicle is liable for the costs of 9
repairing the damage, unless the vehicle was being used 10
without the registered operator's knowledge or permission. 11
(4) Subsections (2) and (3) apply, whether or not the damage 12
establishes, or relates to, an offence against this Act. 13
(5) However, if-- 14
(a) a court finds a person guilty of an offence against this 15
Act; and 16
(b) in committing the offence, the person damaged works; 17
the court may, as well as imposing a penalty, order the person 18
to pay an amount towards the cost of repairing the damage. 19
(6) In this section-- 20
registered operator means the person in whose name the 21
vehicle is registered. 22
relevant person, for railway works, means-- 23
(a) if the railway works are or were carried out by or for a 24
railway manager--the railway manager; or 25
(b) otherwise--the Coordinator-General. 26
repairing includes replacing and reconstructing. 27
Page 49
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 12 Miscellaneous provisions
[s 68]
68 Amounts payable to Coordinator-General are debts 1
owing to the State 2
An amount payable by a person to the Coordinator-General 3
under this Act is a debt owing to the State. 4
69 Disposal of fees, penalties and other amounts 5
All fees, penalties and other amounts received or recovered 6
under this Act are to be paid to the consolidated fund. 7
70 Delegations 8
(1) The Coordinator-General may delegate his or her functions 9
under this Act to-- 10
(a) a person appointed or employed under the State 11
Development and Public Works Organisation Act 1971, 12
section 5, 7A, 14 or 15; or 13
(b) an appropriately qualified public service employee; or 14
(c) an appropriately qualified employee of a local body. 15
(2) In this section-- 16
appropriately qualified includes having the qualifications, 17
experience or standing appropriate for the functions. 18
function includes power. 19
local body means-- 20
(a) a government owned corporation; or 21
(b) a statutory body as defined under the Statutory Bodies 22
Financial Arrangements Act 1982; or 23
(c) another body established under an Act; or 24
(d) a corporation whose shares are wholly owned by-- 25
(i) the State; or 26
(ii) the State and 1 or more local governments; or 27
(iii) 1 or more local governments; or 28
Page 50
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Part 12 Miscellaneous provisions
[s 71]
(e) a corporation whose shares are entirely owned by a 1
corporation of the type mentioned in paragraph (d). 2
71 Regulation-making power 3
(1) The Governor in Council may make regulations under this 4
Act. 5
(2) A regulation may provide-- 6
(a) for fees payable under this Act and the matters for 7
which they are payable; and 8
(b) for a maximum penalty of 20 penalty units for 9
contravention of a regulation. 10
Page 51
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Schedule
Schedule Dictionary 1
section 4 2
accredited rail infrastructure manager means a rail 3
infrastructure manager under the Transport (Rail Safety) Act 4
2010 who is accredited under that Act. 5
appropriate register means-- 6
(a) for freehold land--the freehold land register; or 7
(b) for other land--the appropriate register for the land 8
under the Land Act 1994. 9
associated person, of the Coordinator-General or an 10
authorised person, see section 10. 11
authorised person see section 10. 12
carry out, for railway works, means do anything on land that 13
is reasonably necessary or desirable for the works, including, 14
for example, temporarily occupy or use the land. 15
Coordinator-General means the Coordinator-General under 16
the State Development and Public Works Organisation Act 17
1971. 18
employee, of a railway manager or railway operator, means-- 19
(a) an employee of, or a contractor for, the railway manager 20
or railway operator; or 21
(b) an employee of a contractor mentioned in paragraph (a); 22
or 23
(c) an individual who performs work for the railway 24
manager or railway operator without payment, while the 25
individual is performing that work. 26
Example for paragraph (c)-- 27
An individual does work as a volunteer for an organisation of 28
which the individual is a member. The organisation is a railway 29
manager. The volunteer is an employee of the railway manager 30
while the volunteer is performing work for the manager. 31
Page 52
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Schedule
investigation authority see section 15(1)(a). 1
land includes-- 2
(a) a reserve within the meaning of the Land Act 1994 or a 3
road; and 4
(b) land within the beds or banks of a watercourse or 5
inundated land; and 6
(c) the airspace above, and the land below, the surface. 7
maintain includes repair. 8
maintenance includes-- 9
(a) rehabilitation; and 10
(b) replacement; and 11
(c) repair; and 12
(d) recurrent servicing; and 13
(e) preventive and remedial action; and 14
(f) removal; and 15
(g) alteration; and 16
(h) maintaining systems and services for rail transport 17
infrastructure. 18
occupier, of land, means-- 19
(a) the person in actual occupation of the land; or 20
(b) if there is no person in actual occupation--the person 21
entitled to possession of the land; 22
and, for a watercourse or reserve, includes the person 23
responsible for the care and management of the watercourse 24
or reserve. 25
on, the railway, road or other land, includes over or under the 26
railway, road or land. 27
owner, of land, includes-- 28
(a) the person who has lawful control of the land, on trust or 29
otherwise; and 30
Page 53
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Schedule
(b) the person who is entitled to receive the rents and profits 1
of the land. 2
rail transport infrastructure means facilities necessary for 3
operating the railway, including-- 4
(a) railway track and works built for the railway, including 5
any of the following-- 6
· cuttings 7
· drainage works 8
· excavations 9
· land fill 10
· track support earthworks; and 11
(b) any of the following things that are associated with the 12
railway's operation-- 13
· bridges 14
· communication systems 15
· machinery and other equipment 16
· marshalling yards 17
· notice boards, notice markers and signs 18
· overhead electrical power supply systems 19
· over-track structures 20
· platforms 21
· power and communication cables 22
· service roads 23
· signalling facilities and equipment 24
· stations 25
· survey stations, pegs and marks 26
· train operation control facilities 27
· tunnels 28
· under-track structures; and 29
Page 54
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Schedule
(c) pedestrian facilities, including footpath paving, for the 1
railway; and 2
(d) any of the following-- 3
(i) freight centres or depots; or 4
(ii) maintenance depots; or 5
(iii) office buildings or housing; or 6
(iv) rolling stock or other vehicles that operate on the 7
railway; or 8
(v) workshops; or 9
(vi) any railway track, works or other thing that is part 10
of anything mentioned in paragraphs (i) to (v). 11
railway see section 5. 12
railway crossing means a level crossing, bridge or other 13
structure used to cross over or under the railway. 14
railway lease means a lease-- 15
(a) that is granted over the Surat Basin rail corridor land or 16
a part of the land; and 17
(b) that is primarily for the purpose of constructing or 18
operating the railway; and 19
(c) for which the lessor is-- 20
(i) the Coordinator-General; or 21
(ii) the State. 22
railway lessee means the lessee of a railway lease. 23
railway licence means a licence-- 24
(a) that is granted by the Coordinator-General or the State 25
in relation to the use of the Surat Basin rail corridor land 26
or a part of the land; and 27
(b) that is primarily for the purpose of constructing the 28
railway. 29
railway licensee means the licensee under a railway licence. 30
Page 55
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Schedule
railway manager means a person who is an accredited rail 1
infrastructure manager for railway operations relating to the 2
railway. 3
railway operations see under the Transport (Rail Safety) Act 4
2010, section 9. 5
railway operator means a person who operates rolling stock 6
on the railway. 7
railway works see section 6. 8
registrar of titles means a public official or authority 9
responsible for registering title to land and dealings affecting 10
land. 11
road see the Transport Infrastructure Act 1994, schedule 6, 12
definition road, paragraphs (c), (ca) and (d). 13
rolling stock means a vehicle, including, for example, a train, 14
that operates on the railway and is used, or is proposed to be 15
used, for either-- 16
(a) transporting freight on the railway; or 17
(b) maintenance work, or other work, associated with the 18
railway. 19
Surat Basin rail corridor land see section 7. 20
vehicle includes any type of transport that moves on wheels 21
and a hovercraft but does not include a train or tram. 22
watercourse includes a lake, spring, stream or swale. 23
works includes activities. 24
works authority see section 14(1)(a). 25
© State of Queensland 2012
Page 56
AMENDMENTS TO BILL
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
Surat Basin Rail (Infrastructure
Development and Management) Bill 2012
Amendments agreed to during Consideration
1 Clause 14 (Granting works authority)
Page 11, after line 15--
insert--
`(1A) The Coordinator-General must not grant the works authority
unless satisfied the applicant has made reasonable efforts to
consult with the owner or occupier of the land to be entered
under the authority.'.
2 Clause 15 (Granting investigation authority)
Page 12, after line 3--
insert--
`(1A) The Coordinator-General must not grant the investigation
authority unless satisfied the applicant has made reasonable
efforts to consult with the owner or occupier of the land to be
entered under the authority.'.
3 Clause 38 (Approvals to divert or construct
watercourses)
Page 29, lines 15 to 18--
omit, insert--
`(2) In deciding whether to approve the diversion or construction
of a watercourse, the Coordinator-General must consider--
(a) for the diversion of a watercourse--
(i) the effect the works for the diversion would have
on the watercourse's physical integrity and flow
characteristics; and
Page 1
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
(ii) the impact of the diversion on land adjacent to the
watercourse; and
(b) for the construction of a watercourse--the impact of the
construction on land adjacent to the watercourse.'.
4 Clause 44 (Approval to carry out works near the railway)
Page 35, after line 10--
insert--
`(2A) However, before giving an approval under this section the
Coordinator-General must consult with a railway manager and
the railway licensee or railway lessee.'.
5 Clause 45 (Power to require works to stop)
Page 36, after line 7--
insert--
`(6A) Before giving a direction under subsection (2) or a notice
under subsection (4), the Coordinator-General must consult
with a railway manager and the railway licensee or railway
lessee.'.
6 Clause 50 (Interfering with railway)
Page 39, line 4, after `relevant person'--
insert--
`under this section'.
7 Clause 50 (Interfering with railway)
Page 39, line 6, after `authorised'--
insert--
`under section 44 or'.
Page 2
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
8 Clause 50 (Interfering with railway)
Page 39, after line 27--
insert--
`(7A) If a railway manager gives an approval under this section, the
railway manager must give the Coordinator-General written
notice of the approval.
`(7B) The notice must include details of the works or other thing to
which the approval relates.
`(7C) An approval given by a railway manager under this section is
of no effect to the extent the approval--
(a) is inconsistent with an approval given by the
Coordinator-General under this section or section 44; or
(b) is for works for which the Coordinator-General has
given a direction under section 45(2) or a notice under
section 45(4); or
(c) is for works or another thing for which the
Coordinator-General has refused to give an approval
under this section.'.
9 Clause 50 (Interfering with railway)
Page 40, line 6, `otherwise'--
omit, insert--
`if there is no railway manager'.
10 After clause 70
Page 51, after line 2--
insert--
`70A Review of Act
`(1) The Minister must review the operation of this Act no later
than 10 years after the commencement of this section.
Page 3
Surat Basin Rail (Infrastructure Development and Management) Bill 2012
`(2) The Minister must, as soon as practicable after the review is
finished, table in the Legislative Assembly a report on the
outcome of the review.'.
© State of Queensland 2012
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