TRANSPORT INTEGRATION ACT 2010 - SECT 123 Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978

TRANSPORT INTEGRATION ACT 2010 - SECT 123

    (1)     Victorian Rail Track may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.

    (2)     If any Crown land proposed to be so used by Victorian Rail Track is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, Victorian Rail Track can not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.

    (3)     Victorian Rail Track must make compensation, in respect of the use under this section by Victorian Rail Track of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978 .

    (4)     An agreement under subsection (3) may provide for—

        (a)     the payment by Victorian Rail Track of a sum of money as agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978 ; or

        (b)     the undertaking of works or the making of provision by Victorian Rail Track in place of any improvements on the land as agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978 ; or

        (c)     both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).

    (5)     If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister.

    (6)     The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be—

        (a)     paid to—

              (i)     the trustees in whom or the Council in which the land is vested; or

              (ii)     the committee of management appointed in respect of the land; or

              (iii)     the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978 ; or

              (iv)     any other person or persons as are agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978 ; and

        (b)     applied as directed by the Minister.

    (7)     If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.