South Australian Consolidated Acts

RAILWAYS (OPERATIONS AND ACCESS) ACT 1997 - SECT 33

33—Limitation on operator's right to contract to provide access

        (1)         An operator must not enter into an access contract unless—

            (a)         there is no other respondent to the proposal; or

            (b)         all other respondents to the access proposal agree; or

            (c)         the operator gives the other respondents written notice of the proposed access contract and—

                  (i)         no formal objection to the proposed contract is made within 21 days of the notice; or

                  (ii)         a formal objection, or formal objections, are made within the 21 day period, but all objections are later withdrawn.

        (2)         A respondent to an access proposal makes a formal objection to a proposed access contract by giving written notice setting out the grounds of the objection to—

            (a)         the proponent; and

            (b)         the respondent; and

            (c)         the other respondents to the access proposal.

        (3)         A contract entered into in contravention of this section is void.