Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the right of
the railway owner to manage and control the use of railway infrastructure is
for a limited term or is subject to any other restriction imposed by the
person through whom the railway owner derives those rights, the railway owner
cannot give any right of access greater than the railway owner has.
(2) Upon the premature
termination of the railway owner’s right to manage and control the use
of railway infrastructure (whether for default or any other reason) —
(a) any
right of access given by the railway owner continues as if it had been given
by the person for the time being having the right to manage and control the
use of the railway infrastructure ( the current railway owner ); and
(b) an
agreement under which the right of access arises has effect, with any
necessary modifications, as if the current railway owner were the person who
had entered into the agreement as the railway owner,
unless within
3 months after the premature termination the current railway owner or any
other party to the agreement gives to each other party notice in writing that
the right of access and agreement are to terminate prematurely, in which case
the right of access and agreement terminate at the time specified in the
notice (being a time that is at least one month after the time when the notice
was given), or the earliest time specified if more than one party gives notice
under this subsection.
[Section 3B inserted by No. 13 of 2000
s. 65.]