Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
access means the use of railway infrastructure;
access agreement means an agreement under the Code
between a railway owner and another person for access by that person;
Authori ty means the Public Transport Authority of
Western Australia established by the Public Transport Authority Act 2003
section 5;
Code means the Code for the time being in force
under section 4;
Competition Principles Agreement means the
Competition Principles Agreement made on 11 April 1995 by the
Commonwealth, the States and the Territories as in force for the time being;
Government railway means a railway, as defined in
section 2 of the Government Railways Act 1904 , that is under the
management and control of the Authority as provided by section 13 of that
Act;
railway infrastructure means the facilities
necessary for the operation of a railway, including —
(a)
railway track, associated track structures, over or under track structures,
supports (including supports for equipment or items associated with the use of
a railway);
(b)
tunnels and bridges;
(c)
stations and platforms;
(d)
train control systems, signalling systems and communication systems;
(e)
electric traction infrastructure;
(f)
buildings and workshops; and
(g)
associated plant machinery and equipment,
but not including —
(h)
sidings or spur lines that are excluded by subsection (3) or (4) from
being railway infrastructure associated with the railway concerned;
(i)
rolling stock, rolling stock maintenance facilities,
office buildings, housing, freight centres, or terminal yards and depots;
railway owner means the person having the
management and control of the use of the railway infrastructure;
railways network means —
(a) all
the railways that were Government railways when this Act received the Royal
Assent 1 ;
(b) all
the railways that are on land that is corridor land as defined in the
Rail Freight System Act 2000 ;
(ba) the
railway constructed pursuant to the TPI Railway and Port Agreement; and
(c) any
railway declared under subsection (2) to be a part of the railways
network;
Regulator means the Economic Regulation Authority
established by the Economic Regulation Authority Act 2003 ;
TPI Railway and Port Agreement has the meaning
given to the term “the Agreement” in the
Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004
section 3.
(2) If a railway (the
new railway ) is constructed after this Act receives the Royal Assent 1
and the new railway is connected to a railway that is a part of the railways
network, the Minister may, by order published in the Gazette , declare the new
railway to be a part of the railways network.
(3) If a siding
associated with a railway is managed and controlled by a different person from
the person who manages and controls the use of the railway, the siding is not
railway infrastructure of the railway for the purposes of this Act.
(4) If a spur line
associated with a railway is connected to premises managed and controlled by a
different person from the person who manages and controls the use of the
railway, the spur line is not railway infrastructure of the railway for the
purposes of this Act unless the Minister, by order published in the Gazette ,
declares that it, or any of it, is railway infrastructure of the railway.
(6) For the purposes
of this Act and the Code, the railway constructed pursuant to the TPI Railway
and Port Agreement includes the Christmas Creek to Cloud Break spur line and
is taken to have included that spur line since construction of the spur line
was completed.
(7)
Subsections (3) and (4) do not apply to a siding or spur line associated
with the railway constructed pursuant to the TPI Railway and Port Agreement.
[Section 3 amended by No. 13 of 2000
s. 64; No. 55 of 2000 s. 5; No. 31 of 2003 s. 152(2);
No. 67 of 2003 s. 62; No. 77 of 2004 s. 8; No. 60 of 2010
s. 10.]