South Australian Consolidated Acts

RAILWAYS (OPERATIONS AND ACCESS) ACT 1997 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"access" means a right to the provision of railway services by an industry participant;

"access contract" means a contract giving access to railway services or a contractual variation of an existing access contract affecting access to railway services in a significant way or to a significant extent;

"access dispute" means a dispute about an access proposal;

"access proposal"—see section 31;

"access regime" means Parts 3 to 8 (inclusive) of this Act;

"authorised person" means a person authorised by an operator to exercise the powers of an authorised person under this Act;

"costs" of an arbitration means the fees, costs and expenses of the arbitrator, including the fees, costs and expenses of any expert or lawyer engaged by the arbitrator;

"Court" means the Supreme Court of South Australia;

"fixed railway infrastructure" means—

            (a)         railway track; and

            (b)         buildings, installations and equipment for—

                  (i)         the operation and use of railway track; or

                  (ii)         the embarkation and disembarkation of passengers; or

                  (iii)         the loading and unloading of goods;

"freight service" means the service of carrying goods on a railway;

"industry participant" means—

            (a)         an operator; or

            (b)         a person who operates, or proposes to operate, railway rolling stock on the railway network;

"lawyer" means a person qualified and entitled to practise as a legal practitioner under the law of an Australian State or Territory;

"operator" means a person who provides, or is in a position to provide, railway services in relation to the railway network;

"passenger service" means the service of carrying passengers on a railway;

"pricing principles"—

            (a)         relating to the fixing of floor and ceiling prices—see section 27;

            (b)         relating to the price of access to a railway service—see section 38(2);

"rail corridor" means—

            (a)         land over which a railway track passes; and

            (b)         land used for providing a passenger service or a freight service; and

            (c)         other land classified by proclamation as part of a rail corridor,

but does not include—

            (d)         a railway workshop or a passenger or freight terminal building; or

            (e)         land used solely or predominantly by a person who is not an industry participant; or

            (f)         land excluded from the ambit of this definition by proclamation;

"railway infrastructure" means—

            (a)         fixed railway infrastructure; and

            (b)         other installations, plant and equipment (whether fixed or moveable) used or available for use in connection with the operation of the railway network to the extent that it is brought within the ambit of this Act by proclamation,

but does not include a private siding within the meaning of the Rail Safety Act 2007 , other than a private siding prescribed by the regulations to be railway infrastructure for the purposes of this Act;

"railway network" means the railways to which this Act applies;

"railway rolling stock" means a locomotive, carriage, or other vehicle for use on a railway;

"railway service" means—

            (a)         a passenger service or a freight service; or

            (b)         the service of providing (or providing and operating) railway infrastructure for another industry participant;

"railway service business" means a business consisting of the provision of railway services;

"regulator"—see section 9;

"related"—bodies corporate are "related" if they are related bodies corporate under the Corporations Law ;

"respondent" to an access proposal—see section 31(4).