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RAIL INFRASTRUCTURE ACT 2007

- Act 36 of 2007 - Royal Assent 28 September 2007

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Application of Act – the rail network
  • 5 Act binds Crown
  • 6 Act prevails over certain other Acts

PART 2 - Railway Entities

  • 7 Rail Infrastructure Owner
  • 8 Rail Infrastructure Manager
  • 9 Rolling Stock Operator
  • 10 Section 10
  • 11 Responsible public land manager for gas and electricity infrastructure
  • approvals

PART 3 - Lands and Planning Division 1 - Land acquisition

  • 12 Minister may acquire land for railway purposes

Division 2 - Rail planning corridors

  • 13 Interpretation of Division
  • 14 Declaration of rail planning corridors
  • 15 Effect of declarations as regards permitted planning applications
  • 16 Effect of declarations as regards discretionary development
  • applications
  • 17 Effect of declarations as regards minor amendment of permits
  • 18 Effect of declarations as regards compensation and land acquisition

Division 3 - Miscellaneous

  • 19 Planning status of railway works

PART 4 - Works and Access Division 1 - Fencing

  • 20 Fencing obligations of Rail Infrastructure Owner

Division 2 - Railway works and works access

  • 21 Emergency works access to adjoining land
  • 22 Routine works access to adjoining land – with permission
  • 23 Routine works access to adjoining land – without permission
  • 24 Clearing obstructions to lines of sight, &c.
  • 25 Damage to be made good, &c.
  • 26 Control of vegetation
  • 27 Demolition, &c., of unlawful works

Division 3 - Service infrastructure

  • 28 Interpretation of Division
  • 29 Installation of service infrastructure on rail network
  • 30 Compliance with installation conditions
  • 31 Removal, &c., of problematic service infrastructure
  • 32 Removal, &c., of pre-existing service infrastructure
  • 33 Removal, &c., of unlawful service infrastructure
  • 34 Relationship to service infrastructure legislation

Division 4 - Responsibility for railway crossings, &c.

  • 35 Interpretation of Division
  • 36 Maintenance responsibilities at railway crossings – public roads
  • 37 Maintenance responsibilities at established level crossings –
  • private roads
  • 38 Construction of new level crossings – private roads
  • 39 Compliance with construction conditions
  • 40 Railway entity to reinstate public road after removing tracks from
  • level crossing

Division 5 - Works liabilities

  • 41 Liability for forced consequential infrastructure works
  • 42 Non-feasance protection for failure to carry out railway works

Division 6 - Rights and obligations of adjoining landholders

  • 43 Right of emergency access to rail network
  • 44 Notification and control of major excavations
  • 45 Control of drainage

PART 5 - Miscellaneous

  • 46 Service of notices and other documents
  • 47 Delegation by Minister
  • 48 Regulations
  • 49 Amendment of Schedule
  • 50 Status of orders
  • 51 Administration of Act
  • 52 Section 52
  • SCHEDULE 1 SCHEDULE 2

    [ Note: This table has been automatically generated and may be incomplete. ]

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