New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 98)
In this Schedule:
"building owner" means an owner of a railway building.
"infrastructure owner" means an owner of rail infrastructure facilities.
"owner" of railway land, rail infrastructure facilities or a railway building
means:
(a1) in the case of any land, rail infrastructure facilities or any railway building that is managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or
(b) in the case of any rail infrastructure facilities that are, or railway building that is, installed, established or replaced by ARTC, ARTC, or
(c) in the case of any land, rail infrastructure facilities or any railway building that is subject to an ARTC lease or licence, ARTC, or
(d) in any other case, the rail authority that owns the land, rail infrastructure facilities or railway building or in whom it is vested."rail authority" means:
(a) RailCorp or TfNSW, the Country Rail Infrastructure Authority, and
(b) in the case of land, rail infrastructure facilities or buildings subject to an ARTC lease or licence, ARTC."railway building" means a building or structure (not being a rail infrastructure facility) situated on railway land.
Clauses 2E-12 and 15 of this Schedule, and any regulations made under clause 15 of this Schedule, do not apply to or in respect of land, rail infrastructure facilities or buildings to the extent that an ARTC arrangement entered into with a rail authority provides that specified provisions or all of those provisions do not apply to or in respect of ARTC and the rail authority in relation to that land or those facilities or buildings.
(1) TfNSW is the owner of all rail infrastructure facilities installed in or on land, in or on rivers and other waterways and in or on the beds of rivers and waterways by TfNSW and of all rail infrastructure facilities vested in or transferred to TfNSW (whether or not the place on which the facilities are situated is owned by TfNSW).
(2) This clause does not apply to rail infrastructure facilities transferred to RailCorp.
(2) The Country Rail Infrastructure Authority is the owner of all rail infrastructure facilities installed in or on land, in or on rivers and other waterways and in or on the beds of rivers and waterways by the Country Rail Infrastructure Authority and of all rail infrastructure facilities vested in or transferred to the Country Rail Infrastructure Authority (whether or not the place on which the facilities are situated is owned by the Country Rail Infrastructure Authority).
(3) This clause is subject to any interest of the Transport Construction Authority in rail infrastructure facilities.
(2) RailCorp is the owner of all rail infrastructure facilities installed in or on land, in or on rivers and other waterways and in or on the beds of rivers and waterways by RailCorp and of all rail infrastructure facilities vested in or transferred to RailCorp (whether or not the place on which the facilities are situated is owned by RailCorp).
(4) This clause is subject to any interest of TfNSW in rail infrastructure facilities.
(1) On the commencement of this clause (the "transfer day"), the rail infrastructure facilities (and any associated assets, rights and liabilities) situated in the metropolitan rail area and vested in or owned by RIC immediately before the transfer day (the "metropolitan rail infrastructure facilities") are vested in RailCorp.
(2) On the transfer day, the following provisions have effect:(a) all proceedings relating to the metropolitan rail infrastructure facilities commenced before the transfer day by or against Rail Infrastructure Corporation or a predecessor of Rail Infrastructure Corporation and pending immediately before the transfer day are taken to be proceedings pending by or against RailCorp,(b) any act, matter or thing done or omitted to be done in relation to the metropolitan rail infrastructure facilities before the transfer day by, to or in respect of Rail Infrastructure Corporation is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of RailCorp,(c) a reference in any Act, in any instrument made under any Act or in any document of any kind to Rail Infrastructure Corporation is, to the extent that it relates to the metropolitan rail infrastructure facilities, but subject to the regulations, to be read as or including a reference to RailCorp.
(3) The Minister may, by order in writing, declare that a specified right, asset or liability is not vested in RailCorp by the operation of this clause.
(4) The operation of clauses 2, 2A and this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the metropolitan rail infrastructure facilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of the metropolitan rail infrastructure facilities.
(5) Words and expressions used in this clause have the same meanings as they have in Schedule 4.
(1) If, as a result of a replacement or an alteration of the metropolitan rail area map under section 3A, rail infrastructure facilities are transferred from the metropolitan rail area to the country rail area or from the country rail area to the metropolitan rail area:(a) the rail infrastructure facilities (and any associated assets, rights and liabilities) vest in the owner of rail infrastructure facilities in the area to which the rail infrastructure facilities are transferred (the "new owner") on the day the notice is published in the Gazette under that section, or on such later day as may be specified in the notice (the "transfer day"), and(b) all proceedings relating to the rail infrastructure facilities (and any associated assets, rights and liabilities) commenced before the transfer day by or against the original owner or a predecessor of the original owner and pending immediately before the transfer day are taken to be proceedings pending by or against the new owner, and(c) any act, matter or thing done or omitted to be done in relation to the rail infrastructure facilities (and any associated assets, rights and liabilities) before the transfer day by, to or in respect of the original owner is (to the extent that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new owner, and(d) a reference in any Act, in any instrument made under any Act or in any instrument of any kind to the original owner is (to the extent that it relates to the rail infrastructure facilities), but subject to the regulations, to be read as or including a reference to the new owner.
(2) The Minister may, by order in writing, declare that a specified right, asset or liability is not vested in the new owner by the operation of this clause.
(3) The operation of section 3A (2) and this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the rail infrastructure facilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any rights or liabilities of the original owner.
(4) For the purposes of subclause (1) (a), RailCorp is taken to be the owner of rail infrastructure facilities in the metropolitan rail area and the Country Rail Infrastructure Authority is taken to be the owner of rail infrastructure facilities in the country rail area.
(5) This clause is subject to any interest of TfNSW in rail infrastructure facilities in the metropolitan rail area.
(6) Without limiting subclause (3), that subclause extends to an ARTC lease or licence.
(1) An owner may, subject to this Act and the current NSW rail access undertaking, sell or otherwise deal with rail infrastructure facilities that it owns.
(2) In this clause, "owner", in relation to rail infrastructure facilities the Country Rail Infrastructure Authority owns that are subject to an ARTC lease or licence, includes the Country Rail Infrastructure Authority and ARTC.
(3) The powers conferred on ARTC by this clause are subject to Part 8A of the Act.Note: Restrictions on ARTC relating to selling or otherwise dealing with rail infrastructure facilities are contained in Part 8A of the Act.
(1) An infrastructure owner or a building owner may, subject to this Act, inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that is necessary or appropriate to any of its rail infrastructure facilities or railway buildings that are situated on railway land or on or in a railway building or rail infrastructure facility to ensure that, in the opinion of the owner, the rail infrastructure facilities or railway buildings are established, held and managed in an efficient, safe and reliable manner.
(2) Subclause (1) does not permit ARTC to extend or expand rail infrastructure facilities.
(1) An infrastructure owner or a building owner may, by persons issued with certificates of authority under this Schedule, enter and occupy railway land or a railway building or rail infrastructure facility, or land adjacent to railway land, in accordance with this Schedule for the purpose of exercising its functions including:(a) to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that the owner considers is necessary or appropriate to any of its rail infrastructure facilities or railway buildings or to construct new rail infrastructure facilities or railway buildings and, for these purposes, to carry out any work on, below or above the surface of the land, and(b) to ascertain the character and condition of the land or a building or facility to enable the owner to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing to the owner’s rail infrastructure facilities or railway buildings, and(c) to ascertain the condition or location of any rail infrastructure facilities or railway buildings to enable the owner to inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that the owner considers necessary or appropriate to any of its rail infrastructure facilities or railway buildings.
(1A) ARTC may, by persons issued with certificates of authority under this Schedule, enter and occupy land adjacent to railway land for the purpose of constructing, extending or expanding new rail infrastructure facilities on the railway land in accordance with an ARTC lease or licence.
(1B) Subclause (1) (a) does not permit ARTC to enter railway land or railway buildings or rail infrastructure facilities to construct, extend or expand new rail infrastructure facilities.
(1C) Without limiting this clause, the power of entry conferred by it for the purposes referred to in subclause (1) includes the power to enter land for the purpose of carrying out geotechnical surveys with respect to railway land.
(2) Material that has been excavated from railway land for the purposes of this clause may be removed from the land by the infrastructure owner or building owner with the railway land owner’s consent and may be disposed of by the rail infrastructure owner or building owner with the railway land owner’s consent.
(3) Without limiting this clause, the power of entry conferred by it includes the right of the infrastructure owner or building owner to pass or repass unimpeded, with or without vehicles, plant or equipment, over, on or through railway land and railway buildings and rail infrastructure facilities.
(4) An infrastructure owner or a building owner must, on completion of an inspection or the carrying out of other work referred to in this clause, remove, at its own cost, from the railway land or railway building or rail infrastructure facility all unused stores, materials, construction equipment, rubbish and unused excavated material and portable buildings that it has placed on or in the railway land or railway building or rail infrastructure facility.
(5) However, the infrastructure owner or building owner is not required to remove unused stores, materials, construction equipment or portable buildings that are situated on or in railway land or a railway building or rail infrastructure facility on the commencement of this Schedule.
(6) In this clause:
"land adjacent to railway land" means land that is adjacent to or adjoins land owned or occupied by a rail authority, or land in or on which rail infrastructure facilities are or a railway building is situated in which an infrastructure owner or a building owner has an interest by way of easements or stratum parcel.
(7) This clause does not apply if the owner of the rail infrastructure facilities or railway building concerned is also the owner of the railway building or railway land or rail infrastructure facility in or on which the facilities or building is situated.
(1) An infrastructure owner or a building owner may authorise an officer or employee of the owner, or any other person, to issue certificates of authority for the purposes of this Schedule.
(2) A certificate of authority must:(a) state that it is issued under this Act, and(b) specify the person or class of persons who are authorised to exercise the power of entry under this Act, and(c) describe the nature of the powers proposed to be exercised, and(d) state the date (if any) on which it expires, and(e) bear the signature of the person by whom it is issued.
(1) A person who is a party to an access agreement is authorised to have access to the rail infrastructure facilities to which the access agreement relates, even if the facilities are situated in or on railway land, or to a railway building or rail infrastructure facility that is not vested in, owned by or managed or controlled by the person, if access is exercised in accordance with and as permitted by the access agreement.
(2) A person to whom this clause applies does not require a certificate of authority under this Schedule to enter the railway land or railway building or rail infrastructure facility concerned.
(3) In this clause, "access agreement" means an agreement, entered into by the owner pursuant to the current NSW rail access undertaking, that permits a person to operate rolling stock on the NSW rail network.
(1) Before a person enters any railway building or rail infrastructure facility under a power conferred by this Schedule, the relevant owner exercising the power or another person must serve on the building owner or infrastructure owner reasonable notice in writing of the intention to enter the building or facility on a day or days specified in the notice unless:(a) entry to the building or facility is made with the consent of the building owner or infrastructure owner, or(b) entry is required for an emergency inspection or the taking of urgent remedial action to rail infrastructure facilities, in which event the chief executive of the owner or a person nominated by the chief executive of the owner (either generally or in the particular case) must give the building owner or infrastructure owner as much notice (oral or otherwise) as is practicable in the circumstances.
(2) Nothing in this clause authorises the use of force to enter a dwelling-house or any enclosed part of a building occupied as a dwelling-house.
(3) Nothing in this clause requires notice to be given of the entry of a person onto railway land under a power conferred by this Schedule.
(4) This clause does not apply if the person entering a railway building or rail infrastructure facility is the owner of the building or facility.
(1) An infrastructure owner or a building owner is, in exercising its functions under this Schedule, to do as little damage as practicable.
(2) An infrastructure owner or a building owner must, subject to this Schedule, compensate a railway land owner, an owner of land adjacent to railway land, infrastructure owner or a building owner (an "affected owner") for damage suffered by the affected owner as the result of the exercise of functions by the owner. However, the owner is required to pay compensation to the affected owner only if the construction or maintenance work damages or interferes with a railway building or rail infrastructure facility or other structure owned by the affected owner on the land.
(3) Any claim for compensation by an affected owner for damage caused by the exercise of functions by an infrastructure owner or building owner under this Schedule must be made in writing to the chief executive of the owner within 12 months after the construction or maintenance work concerned is completed or within such further time as may be agreed on by the chief executive of the owner.
(4) Compensation may be made by reinstatement, repair, construction of works or payment.
(5) If compensation is to be made by payment, the amount of the compensation is the amount agreed on by an infrastructure owner or building owner and an affected owner. However, the amount of compensation for damage to a railway building or rail infrastructure facility or other structure owned by the affected owner must not exceed the value of the building, facility or structure.
(6) If an infrastructure owner or building owner and an affected owner cannot, within a reasonable time, agree on the amount of compensation or the value of the building or other structure concerned, the matter is to be dealt with as a dispute in accordance with clause 12.
(7) An infrastructure owner or a building owner may, in exercising its functions under this Schedule, do anything that is necessary or desirable to minimise disruption to the operation of railway passenger services by a rail operator. However, an owner is not required to compensate a rail operator for any loss suffered or cost or expense incurred by a rail operator as a result of any such disruption.
(8) For the removal of doubt, an affected owner is not entitled to claim or recover any payment or other benefit merely because rail infrastructure facilities owned by the affected owner or railway buildings owned by an infrastructure owner or building owner are situated on or in railway land or a railway building or rail infrastructure facility.
(9) This clause does not apply if the owner of the rail infrastructure facilities or railway building concerned is also the owner of the railway building or railway land or rail infrastructure facility in or on which the facilities or building is situated.
(1) Any railway land (or any railway land on which a railway building or rail infrastructure facility is erected) in or on which rail infrastructure facilities or railway buildings owned by another infrastructure owner or building owner are installed is taken to be the subject of a covenant in favour of the owner pursuant to which the railway land owner (the "affected owner") must ensure that:(a) the rail infrastructure facilities or railway buildings are not wilfully or negligently destroyed, damaged or interfered with by any employee, agent or contractor of the affected owner or any other person within its control, and(b) the infrastructure owner or building owner or any person issued with a certificate of authority is not delayed or obstructed in and about the taking, in relation to the rail infrastructure facilities or railway buildings, of any step referred to in clause 2 (2), and(c) no structure or object is placed in, on or near the rail infrastructure facilities or railway buildings in a manner that interferes with their operation, and(d) the infrastructure owner or building owner is notified in writing of any proposed construction, repair, maintenance, alteration, removal, demolition or other similar work on railway land or a railway building or a rail infrastructure facility that threatens or is likely to threaten the safety or operational capacity or efficiency of the owner’s rail infrastructure facilities or railway buildings and that the infrastructure owner or building owner has consented in writing to any such work before it is undertaken, and(e) the infrastructure owner or building owner is notified in writing of any proposal to sell or otherwise dispose of railway land or railway buildings or rail infrastructure facilities on or in which the owner’s rail infrastructure facilities or railway buildings are situated and that the infrastructure owner or building owner has consented in writing to any such sale or other disposal before it is effected.
(2) A covenant to which this clause relates is enforceable as a duly created covenant.
(3) A lease or licence entered into, whether before or after the commencement of this clause, by a railway land owner as lessor or licensor is taken to include a term requiring the lessee or licensee to comply with the same obligations, in relation to the land and buildings and facilities, the subject of the lease or licence, as are imposed by subclause (1) on the affected owner in relation to the affected owner’s land and buildings and facilities.
(4) It is a defence to proceedings by an infrastructure owner or building owner under this clause that the affected owner or, in a case to which subclause (3) applies, the lessee or licensee from the affected owner, could not reasonably have prevented action taken by any person that would, if capable of prevention by the affected owner, lessee or licensee, have resulted in a breach of covenant by the affected owner, lessee or licensee.
(5) If a person:(a) places a structure or object in, on or near rail infrastructure facilities or railway buildings owned by an infrastructure owner or building owner that are situated in or on railway land or a railway building or rail infrastructure facility in a manner that interferes with the operation of the facilities or railway buildings, or(b) carries out, or proposes to carry out, any construction, repair, maintenance, alteration, removal, excavation, demolition or other similar work in, on or near rail infrastructure facilities or railway buildings owned by an infrastructure owner or building owner that are situated in or on railway land or a railway building or rail infrastructure facility in a manner that threatens or is likely to threaten the safety or operational capacity or efficiency of the owner’s rail infrastructure facilities or railway buildings,the infrastructure owner or building owner may give the person a written notice requiring removal of the structure or object or that the work not be undertaken or, if the work has commenced, that it be stopped, altered or removed within a time and (if appropriate) in the manner specified in the notice.
(6) On the receipt of such a notice, the person to whom it has been given must:(a) remove the structure or object, or(b) not undertake, or stop, alter or remove the work, or(c) reinstate any loss of support caused to the rail infrastructure facilities or railway buildings,and compensate the infrastructure owner or building owner for all loss or damage suffered by it as a result of the placement of the structure or object on, in or near the facilities or railway buildings or as a result of the undertaking of the work.
(7) If a person fails to comply with a notice under subclause (5) within the period and (if appropriate) the manner specified in the notice or within any extension of that period allowed by the infrastructure owner or building owner in writing, the infrastructure owner or building owner may:(a) remove the structure or object, or(b) alter or remove the work, or(c) reinstate any loss of support caused to the rail infrastructure facilities or railway buildings,and recover from the person the cost of the alteration or removal together with compensation for all loss or damage referred to in that subclause.
(1) Without limiting clause 8, a person who, without the consent of an infrastructure owner or building owner:(a) carries out any activity that causes destruction of, damage to or interference with any rail infrastructure facilities or railway buildings owned by the owner, and(b) does so in circumstances in which the person knew, or should have known, that the destruction, damage or interference would result from the carrying out of the activity,is liable to compensate the owner for all loss or damage suffered by the owner as a result.
(2) An infrastructure owner or a building owner is not entitled to compensation under this clause and another provision of this Schedule for the same destruction, damage or interference.
(3) A reference in this clause to a person extends to any person:(a) who caused the carrying out of the activity, or(b) under whose order or direction the activity was carried out, or(c) who aided, assisted, counselled or procured the carrying out of the activity.
(4) An infrastructure owner or a building owner may proceed against a person for recovery of its loss or compensation for its damage under this clause whether or not the owner has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.
(1) This clause applies to any agreement entered into by RailCorp or the SRA (or a predecessor of them) before the commencement of Schedule 1 [145] to the Transport Administration Amendment (Rail Agencies) Act 2003 under which a person may construct, maintain or use works or facilities on railway land or in a railway building or rail infrastructure facility, being an agreement under which the infrastructure owner has the following rights (within the meaning of Schedule 4):(a) the right to supervise the construction, maintenance or use of the works or facilities, or(b) the right to direct (or carry out at the expense of the person) the repair, alteration, replacement, closure, removal or demolition of the works or facilities, or(c) the right to be compensated for loss or damage suffered by the infrastructure owner because of any loss or damage, or other thing, that occurs during or as a result of the construction, maintenance or use (or the repair, alteration, replacement, removal or demolition) of the works or facilities, or(d) any other rights of a kind prescribed by the regulations.
(2) An infrastructure owner has and may exercise any such rights, in addition to RailCorp or the SRA, if the works or facilities are, or are to be, situated on or near land or a building or rail infrastructure facility where there are rail infrastructure facilities vested in or owned by the infrastructure owner. For that purpose, references in the agreement to RailCorp or the SRA are taken to include references to the infrastructure owner.
(3) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities under the agreement, or(c) as giving rise to any remedy by a party to the agreement, or as causing or permitting the termination of the agreement, or(d) as an event of default under the agreement.Without limiting this subclause, the operation of this clause is not to be regarded as giving rise to any right to compensation by a party to the agreement.
(4) This clause does not limit the operation of clauses 8 and 9 or the operation of Schedule 4.
(5) In this clause, "railway land" or "railway building" includes any land or building of which RailCorp or the SRA is the lessor.
(1) A person who proposes to connect railway track to the NSW rail network must obtain:(a) the written consent of the infrastructure owner concerned, and(b) if the work proposed involves crossing and placing railway track on railway land in order to connect with the NSW rail network, the written consent of the railway land owner.
(2) An infrastructure owner may grant a consent under this clause on such terms and conditions as it thinks fit.
However, the owner must not unreasonably prevent a person who occupies land adjoining the NSW rail network connecting railway track to its network if the owner is satisfied that:(a) the connection accords with the objectives of the owner and, in particular, will not adversely affect the efficient, safe and reliable operation of that network, and(b) the NSW rail network has sufficient capacity to handle any additional traffic generated by the connection, and(c) the connection will comply with the requirements of the Rail Safety Act 2008 and any other relevant legislation (including any planning legislation), and(d) the costs of making and maintaining the connection are paid by the person seeking the connection.A consent under this clause to connect to the NSW rail network does not confer any rights of access to that network and a person does not have a right to make the connection unless access to that network from the connection is or will be authorised by an access agreement that has been made under this Act.
(3) A railway land owner may grant a consent under this clause on such terms and conditions as it thinks fit. However, the railway land owner must not unreasonably prevent a person who occupies land that adjoins railway land from constructing railway track on railway land for the purpose of connecting it to the NSW rail network.
(4) An infrastructure owner or, in a case to which subclause (1) (b) applies, a railway land owner, may disconnect and remove railway track that has not been authorised as required by this clause.
(1) If a dispute arises between an infrastructure owner, building owner or railway land owner and another owner with respect to the operation of, or compliance with, the provisions of this Schedule and if, after diligent efforts on the part of the parties to the dispute, the dispute has not been resolved, either party may submit the dispute to the Minister for settlement in accordance with this clause.
(1A) If ARTC is a party to a dispute and the dispute has not been resolved as referred to in subclause (1), the dispute is to be referred to arbitration, unless the parties agree to submit the dispute to the Minister under this clause. The Commercial Arbitration Act 2010 applies to any dispute referred to arbitration.
(2) On the submission of a dispute to the Minister, the Minister is to:(a) consult with the parties to the dispute, and(b) inquire into the matter or appoint a person to inquire into the matter and report to the Minister with respect to the dispute.
(3) After the completion of an inquiry and, if a report is made to the Minister, after consideration by the Minister of that report, the Minister may make such order with respect to the dispute as the Minister thinks fit.
(4) Without limiting subclause (3), the Minister may make an order:(a) imposing conditions or restrictions on certificates of authority issued under this Schedule, or(b) subject to clause 7, determining that a party is to compensate another party for damage suffered as a result of the exercise of functions under this Schedule, or(c) directing a party to permit a person to construct railway track on railway land for the purpose of connecting it to the NSW rail network.
(5) An order made by the Minister under this clause may direct the payment of any costs or expenses of or incidental to the holding of the inquiry.
(6) An owner must comply with any order given to the owner under this clause, and the owner is, despite the provisions of any Act, empowered to comply with any such order.
(7) Except as provided by subclause (1A), the provisions of any other Act relating to the settlement of disputes do not apply to the settlement of a dispute referred to in this clause.
(1) The Country Rail Infrastructure Authority may acquire land (including an interest in land) for the purpose of establishing and maintaining rail infrastructure facilities.
(2) The other purposes for which land may be acquired under subclause (1) include for the purposes of a future sale, lease or disposal, that is, to enable the Country Rail Infrastructure Authority to exercise its functions in relation to land under this Act.
(3) Land that the Country Rail Infrastructure Authority is authorised to acquire under this clause may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose referred to in subclause (1).
(4) The Country Rail Infrastructure Authority may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of TfNSW.
(5) For the purposes of the Public Works Act 1912 , any such acquisition is taken to be for an authorised work and the Country Rail Infrastructure Authority is, in relation to that authorised work, taken to be the Constructing Authority.
(6) Part 3 and section 91 (b) of the Public Works Act 1912 do not apply in respect of works constructed for the purpose referred to in this clause.
(7) Despite the exclusion by subclause (6) of the provisions of section 91 (b) of the Public Works Act 1912 in respect of works constructed for the purpose referred to in this clause, the Country Rail Infrastructure Authority may in its discretion make and maintain such fences in connection with the works as it thinks fit.
(1) RailCorp or the Country Rail Infrastructure Authority may acquire rail infrastructure facilities for purposes that are consistent with their objectives.
(2) Rail infrastructure facilities that RailCorp or the Country Rail Infrastructure Authority are authorised to acquire under this clause may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (as applied by this clause) for the purposes referred to in subclause (1).
(3) The Land Acquisition (Just Terms Compensation) Act 1991 applies with the following modifications:(a) a reference in that Act to land includes a reference to rail infrastructure facilities and any interest in such facilities,(b) a reference in that Act to the owner of land includes a reference to the owner of rail infrastructure facilities or any person who has an interest in rail infrastructure facilities,(c) sections 6, 7A, 7B, 12 (1) (a), (4) and (5), 17 and 18, Division 3 of Part 2, sections 29, 31 (5), 37A, 55 (e) and (f), 60 and 62 of that Act do not apply.
(4) RailCorp or the Country Rail Infrastructure Authority may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Director-General.
(5) For the purposes of the Public Works Act 1912 , any such acquisition is taken to be for an authorised work and RailCorp or the Country Rail Infrastructure Authority is, in relation to that authorised work, taken to be the Constructing Authority.
(6) Part 3 and section 91 (b) of the Public Works Act 1912 do not apply in respect of an acquisition under this clause.
(7) Despite the exclusion by subclause (6) of the provisions of section 91 (b) of the Public Works Act 1912 in respect of works constructed for the purpose referred to in this clause, RailCorp or the Country Rail Infrastructure Authority may at their discretion maintain such fences in connection with the works as they think fit.
(8) This clause applies in respect of rail infrastructure facilities severed from the land by operation of this Act or any other law.
(1) An owner of station facilities is entitled to have access across railway land or other land adjacent to the station facilities to those facilities for the purposes of carrying out its railway operations, including the movement of passengers and freight.
(2) An owner of station facilities may grant access across any such land to passengers and other persons for the purposes of passenger access and access to its railway operations.
(3) A person who has a right of access under this clause is not required to comply with any other requirement of this Schedule relating to access to the land concerned.
(1) This clause applies:(a) to the exercise by a roads authority, RMS or an authorised officer of a roads authority or RMS of a power under any Act or law to enter, use or occupy railway land, a railway building or rail infrastructure facilities for the purposes of carrying out road works, and(b) to the exercise by a rail authority of a power under any Act or law to enter, use or occupy a public road.
(2) The following provisions apply to the exercise of a power to which this clause applies:(a) the authority exercising the power is required to pay compensation to the affected authority in respect of the following matters arising from the exercise of the power but is not required to pay any other compensation to the affected authority:(i) damage caused to a building or structure of the affected authority (being compensation for an amount not exceeding the value of the building or structure),(ii) expenses necessarily incurred by the affected authority to ensure that the power is exercised safely,(b) the affected authority must facilitate the exercise of the power by the authority exercising the power,(c) the authority exercising the power must do all things that are reasonably practicable to minimise disruption to or closure of rail services, railway lines or roads.
(3) This clause has effect despite this Act, the Roads Act 1993 or any other Act or law.
(4) In this clause:
"affected authority" means the roads authority (including RMS) or rail authority that owns or manages or controls the public road, land, railway building or rail infrastructure facilities subject to the exercise of the power to which this clause applies.
(5) Words and expressions used in this clause have the same meanings as they have in the Roads Act 1993 .
(1) This clause applies to work connected with:(a) the erection or installation of new rail infrastructure facilities by an owner after the commencement of this clause, or(b) the operation, repair, replacement, maintenance, removal, extension, expansion, alteration, connection or disconnection by an owner of rail infrastructure facilities that are vested in or transferred to or managed or controlled by an owner in accordance with this Act.
(2) Work to which this clause applies is exempt from the requirement for an approval under the Local Government Act 1993 .
(3) However, no such work (other than routine repairs or maintenance work) may be carried out unless:(a) reasonable notice of the proposal to carry out the work has been given to the local council (if any), and(b) the local council (if any) has been given a reasonable opportunity to make submissions to the owner in relation to the proposal, and(c) the owner has given due consideration to any submissions so made.
(4) Subclause (3) does not apply to the carrying out of work:(a) to cope with emergencies, or(b) for which an approval under the Local Government Act 1993 is not required.
The regulations may make provision for or with respect to the following:
(a) the obligations of infrastructure owners, building owners and railway land owners to enter into a memorandum of understanding with other owners concerning the management of railway land or railway buildings or rail infrastructure facilities on or in which rail infrastructure facilities or railway buildings owned by other owners are situated,
(a1) requirements to be observed between infrastructure owners, building owners and railway land owners with respect to access by infrastructure owners and building owners to railway land and management of that access,
(b) the use of rail infrastructure facilities or railway buildings vested in or owned by an owner,
(c) the protection and preservation of rail infrastructure facilities or railway buildings.
(1) This clause applies to an officer of a public or local authority who is entitled, under any other Act or law, to enter railway land, rail infrastructure facilities or a railway building.
(2) Despite the operation of any other Act or law, the owner may refuse entry to the land, facilities or building, or grant entry subject to conditions, if of the opinion that it is necessary to do so in the interests of public safety or the safety of the officer or other persons.
(3) TfNSW may direct that entry be granted, despite any decision of an owner under this clause.
(4) This clause does not apply to or in respect of a police officer investigating an offence or otherwise acting in the course of his or her duties or an officer of the Independent Transport Safety Regulator.