New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 28I

28I Effect of creation of transitway routes or emergency routes

(1) To the extent that a transitway route, or any part of a transitway route, resulting from a determination or variation under this Subdivision lies within or on a region or route of operation specified in a service contract for a regular passenger service:

(a) the region or route so specified is by this section varied by excluding from it the transitway route or part, and

(b) the right of the service operator under the contract to operate a public passenger service within that region or route is extinguished in respect of the excluded transitway route or part.

(2) To the extent that an emergency route, or any part of an emergency route, resulting from a determination under this Subdivision lies within or on a region or route of operation specified in a service contract for a regular passenger service, any exclusive right of the service operator under the contract to operate a public passenger service within that region or route ceases to be an exclusive right in respect of the emergency route or part.

(3) While rights under a service contract are affected by the operation of this section, the contract continues to have effect, with any necessary modifications, as if the rights concerned had been altered by consent of the parties to the contract.

(4) The operation of subsection (1) in respect of a region or route ceases, and a right extinguished by that subsection is revived, on abolition or variation of the transitway route concerned.

(5) Nothing in subsection (4) affects the operation of subsection (1) in relation to any transitway route resulting from a variation.

(6) A right affected by subsection (2) is restored as an exclusive right on expiry of the order that determined the emergency route concerned.