Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Under this section
the Authority may, with the approval of the Minister, enter into an agreement
under which another person is entitled to use a railway or portion of a
railway for the purpose of operating a rail service other than a public
passenger transport service.
(2) The agreement is
to be for a period not exceeding 21 years, but this subsection does not
prevent a further agreement from being entered into when the agreement comes
to an end.
(3) The agreement may
include such conditions as the Authority thinks fit and, without limiting the
other kinds of conditions that may be included, it may include conditions as
to —
(a)
payments of money;
(b)
maintenance of, or improvements to be made to, the railway;
(c)
termination of any right given by the agreement, without any entitlement to
compensation, upon the breach of a condition of the agreement or if the
Minister considers it to be in the public interest.
(4) For purposes
connected with the operation of a rail service in accordance with the
agreement, the Authority may, with the approval of the Minister, exercise any
of its powers under the Public Transport Authority Act 2003 or this Act
in relation to property.
(5) This section
applies despite anything else in this Act or any other enactment, including
the Railways (Access) Act 1998 , but is subject to the
Rail Safety Act 2010 .
[Section 61 inserted by No. 47 of 1996
s. 2; amended by No. 32 of 1998 s. 64(2); No. 49 of 1998
s. 43(7); No. 13 of 2000 s. 93; No. 31 of 2003 s. 119 and
139(1); No. 18 of 2010 s. 262.]
[ 62, 63. Deleted by No. 31 of 2003
s. 120.]