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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Rail Freight System Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 3
4. References to things belonging to the State 3
5. References to disposal of things belonging to the
State 3
6. References to things on land 4
7. Property in things on land 4
8. Effect on Government Railways Act 1904 4
9. Relationship with other Acts 5
10 . Act binds the Crown 5
Part 2 -- Disposal and related matters
Division 1 -- Disposal, generally
11 . Minister may prepare proposal 6
12 . Limitations on disposal of land 6
13 . Minister to negotiate disposal 7
14 . Agreement may deal with certain matters 7
page i
89--2
Rail Freight System Bill 1999
Contents
15 . Approval under Land Administration Act 1997
section 18 7
16 . Functions of Commission 7
17 . Ministerial directions and access to information 8
18 . Auditor General may disclose information 9
19 . Saving 9
20 . State indemnities and guarantees 9
21 . Regulations 10
Division 2 -- Assignment and related matters
22 . Definitions 10
23 . Minister may make transfer orders 11
24 . Consequences of transfer order 12
25 . Completion of necessary transactions 13
26 . Contracts arising from certain internal arrangements
of Commission 14
27 . Arrangements for custody and use of records 14
28 . Registration of documents 14
29 . Rectifying error in transfer order 15
30 . Applying proceeds of disposal 16
Part 3 -- Railway corridors
Division 1 -- Preliminary and administrative
matters
31 . Definitions 17
32 . Rail Corridor Minister 17
33 . Use of government staff and facilities 18
Division 2 -- Ordering land to be, or be no longer,
corridor land
34 . Designating government railway land as corridor
land or land other than corridor land 18
35 . Corridor land order to be published before
disposing of land 18
36 . Additional land for corridor land 19
page ii
Rail Freight System Bill 1999
Contents
37 . Ordering land to be no longer corridor land 19
38 . Identifying land in an order 19
39 . Rectifying error in order 19
40 . When order comes into operation 20
41 . Notation on title to corridor land 20
Division 3 -- Dealing with corridor land and things
on it
42 . Functions in respect of corridor land and certain
things on it 21
43 . Conveying interest to give effect to agreement for
disposal 23
44 . Commission and other State agencies to give effect
to disposal under this Part 23
Division 4 -- Regulatory and other matters to do
with corridor land
45 . Dividing fences 24
46 . Corridor land not subject to certain rates or taxes 24
47 . No construction on corridor land without consent 24
48 . Other restrictions on corridor land 24
49 . Delegation by Rail Corridor Minister 25
50 . Certain matters that regulations may deal with 26
51 . Power of entry 26
52 . Assistants and equipment 26
53 . General procedure for entering property 27
54 . Notice of entry 27
55 . Entry under warrant 27
56 . Entry in an emergency 28
57 . Purpose of entry to be given on request 29
Part 4 -- Miscellaneous
58 . Civil penalty 30
59 . Regulations 30
page iii
Rail Freight System Bill 1999
Contents
Part 5 -- Amendments to, or modification of,
other Acts
Division 1 -- Government Railways (Access)
Act 1998
60 . The Act amended 31
61 . Long title amended 31
62 . Section 1 amended 31
63 . Section 3 amended 31
64 . Sections 3A and 3B inserted 34
65 . Section 4 amended 35
66 . Section 6 amended 35
67 . Section 7 amended 35
68 . Section 11A inserted 36
69 . Section 12 amended 36
70 . Section 15 amended 36
71 . Section 20 amended 37
72 . Section 21 amended 37
73 . Sections 22A to 22D inserted 37
74 . Section 23 amended 39
75 . Heading to Part 4 amended 39
76 . Section 24 amended 39
77 . Section 25 amended 39
78 . Section 28 amended 40
79 . Section 29 amended 40
80 . Section 30 amended 41
81 . Section 31 amended 41
82 . Section 32 amended 41
83 . Section 33 amended 42
84 . Section 34 amended 42
85 . Section 36 amended 42
86 . Section 37 amended 42
page iv
Rail Freight System Bill 1999
Contents
Division 2 -- Government Railways Act 1904
87 . The Act amended 43
88 . Section 13 amended 43
89 . Section 19 inserted 43
90 . Section 61 amended 44
Division 3 -- Hire-Purchase Act 1959
91 . The Act amended 44
92 . Section 2A amended 44
Division 4 -- Land Administration Act 1997
93 . The Act amended or modified 45
94 . Heading amended 45
95 . Section 159 amended 45
96 . Section 160 amended 45
97 . Sections 187-191 not to apply 46
98 . Taking of land to be as if for the conferral of rights 46
Division 5 -- Land Tax Assessment Act 1976
99 . Schedule Part 1 clause 1 amended 46
Division 6 -- National Rail Corporation Agreement
Act 1992
100 . The Act amended 47
101 . Section 5B amended 47
Division 7 -- Town Planning and Development
Act 1928
102 . Section 20 47
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Rail Freight System Bill 1999
A Bill for
An Act to provide for --
· the disposal of the rail freight business of the Western
Australian Government Railways Commission and things
associated with that business and the assignment of things
to give effect to a disposal;
· the identification of railway land corridors and the
creation of a State agency that is a body corporate to
manage them,
to amend or modify the operation of --
· the Government Railways (Access) Act 1998;
· the Government Railways Act 1904;
· the Hire-Purchase Act 1959;
· the Land Administration Act 1997;
· the National Rail Corporation Agreement Act 1992; and
· the Town Planning and Development Act 1928,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Rail Freight System Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Rail Freight System Act 1999.
2. Commencement
5 (1) Except as otherwise stated in this section, this Act comes into
operation on a day fixed by proclamation.
(2) Part 5 Divisions 1 and 6 come into operation on a day fixed by
proclamation, being a day that is after the day fixed under
subsection (1).
10 (3) If the day fixed under subsection (2) is after the day on which a
provision would come into operation under subsection (5) or
(7), the provision comes into operation on the day fixed under
subsection (2) and the subsection fixing when it would
otherwise come into operation does not apply.
15 (4) If the day fixed under subsection (1) is after the day on which
section 88(1)(b) would come into operation under subsection
(6), section 88(1)(b) comes into operation on the day fixed
under subsection (1) and subsection (6) does not apply.
(5) Section 88(1)(a) comes into operation immediately after
20 section 43(2) of the Government Railways (Access) Act 1998
comes into operation.
(6) Section 88(1)(b) comes into operation immediately after
section 43(2) of the Government Railways (Access) Act 1998
comes into operation.
25 (7) Section 90 comes into operation immediately after section 43(7)
of the Government Railways (Access) Act 1998 comes into
operation.
page 2
Rail Freight System Bill 1999
Preliminary Part 1
s. 3
3. Definitions
In this Act, unless the contrary intention appears --
"Commission" has the meaning given by section 2 of the
Government Railways Act 1904;
5 "Commission's rail freight business" means the business and
operations of the Commission involved in the carriage of
freight by rail and the provision and maintenance of
facilities for the operation of railways for the carriage of
freight, and it includes the carriage of freight by road and
10 other activities of the Commission that the business and
operations involve;
"corridor land" means land that is designated as corridor land
under Part 3;
"corridor land order" means an order made under Part 3 to
15 designate land as corridor land or land other than corridor
land (whether or not the order has come into operation).
4. References to things belonging to the State
A reference in this Act to any land or thing belonging to the
State includes a reference to any land or thing belonging to the
20 State whether held by the Minister for Western Australian
Government Railways established under section 4 of the
Government Railways Act 1904, the Commission, any other
State agency, or otherwise.
5. References to disposal of things belonging to the State
25 For the purposes of this Act, requiring any land or thing
belonging to the State to be conveyed to a different holder in
such a way that it would still belong to the State is to be
regarded as disposing of it, and accordingly a power to dispose
of any land or thing belonging to the State includes a power to
30 give the holder of the land or thing a requirement of that kind.
page 3
Rail Freight System Bill 1999
Part 1 Preliminary
s. 6
6. References to things on land
Anything that is placed in, on, or over, or is buried in, land is on
that land for the purposes of this Act.
7. Property in things on land
5 Anything that is on land which, or an interest in which, is
capable of being disposed of under Part 2 or any other corridor
land --
(a) is not a part of the land, regardless of whether it is of the
nature of a fixture;
10 (b) is capable of being assigned separately from the land;
and
(c) is capable of being removed from the land by, or with
the authority of, the owner of that thing.
8. Effect on Government Railways Act 1904
15 (1) If anything that is part of a Government railway is disposed of
under Part 2, it ceases to be part of a Government railway when
the right to occupy or possess it passes.
(2) If land that becomes corridor land or anything on it is part of a
Government railway the land or thing ceases to be part of a
20 Government railway upon the land becoming corridor land
unless the Minister orders otherwise under subsection (3).
(3) Before land becomes corridor land, the Minister may, in
writing, order that anything described in the order that is on the
land does not cease to be part of a Government railway because
25 of the land becoming corridor land.
(4) The Minister is to give a copy of an order under subsection (3)
to each of the Commission and the Rail Corridor Minister.
page 4
Rail Freight System Bill 1999
Preliminary Part 1
s. 9
(5) Nothing in this section prevents anything that has ceased to be
part of a Government railway from again being part of a
Government railway except that corridor land cannot be part of
a Government railway.
5 (6) In this section --
"Government railway" means a "railway" or "Government
railway" for the purposes of the Government Railways
Act 1904,
and a reference to being part of a Government railway includes
10 a reference to being a Government railway.
(7) Despite subsections (1) and (2), section 62 of the Government
Railways Act 1904 applies to the leasing of any corridor land or
any other land that is capable of being disposed of under Part 2,
except that the conditions described in paragraphs (1) to (5) of
15 that section do not apply to the leasing of that land.
9. Relationship with other Acts
If anything in this Act or regulations made under it is
inconsistent with anything in --
(a) the Rail Safety Act 1998 or subsidiary legislation made
20 under it; or
(b) the Government Railways (Access) Act 1998 or
subsidiary legislation made under it,
the legislation described in paragraph (a) or (b) prevails.
10. Act binds the Crown
25 This Act binds the Crown in right of the State and, subject to the
limits of the legislative power of the State, the Crown in all its
other capacities.
page 5
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 1 Disposal, generally
s. 11
Part 2 -- Disposal and related matters
Division 1 -- Disposal, generally
11. Minister may prepare proposal
(1) The Minister may prepare and submit to the Treasurer a
5 proposal to dispose of the Commission's rail freight business,
and anything associated with that business, in whole or in part.
(2) The power given by subsection (1) extends to --
(a) any of the Commission's rail freight business that was
not included in an earlier proposal under that subsection,
10 whether or not it was established after the earlier
proposal was made;
(b) anything associated with any business to which the
power extends; and
(c) anything associated with any business that has been
15 disposed of in accordance with an earlier proposal under
that subsection.
(3) The power given by subsection (1) is limited to things
belonging to the State.
(4) The proposal prepared by the Minister is to include an
20 unambiguous description of the business and other things that
are to be disposed of.
12. Limitations on disposal of land
(1) A proposal to dispose of land cannot be approved by the
Treasurer until a corridor land order has been published in the
25 Gazette under Part 3.
(2) A proposal to dispose of land that is, or is to be, corridor land
cannot be approved if the interest to be disposed of is greater
than a leasehold interest.
page 6
Rail Freight System Bill 1999
Disposal and related matters Part 2
Disposal, generally Division 1
s. 13
13. Minister to negotiate disposal
The Minister may enter into any agreement on behalf of the
State to give effect to a proposal under section 11 that is
approved by the Treasurer.
5 14. Agreement may deal with certain matters
Without limiting the other things that an agreement under
section 13 may deal with --
(a) an agreement under that section for the disposal of
anything necessary for, or associated with, the operation
10 of a railway for the carriage of freight may include
provisions about the continued availability of that thing
for that purpose, and its being maintained in a condition
suitable for that purpose; and
(b) an agreement under that section for the disposal of any
15 business may include provisions about the continuation
of, and the nature and extent of, the services provided
through the business.
15. Approval under Land Administration Act 1997 section 18
Approval under section 18 of the Land Administration Act 1997
20 is not required for anything that is contained in, or done to give
effect to, an agreement entered into under section 13 of this Act
unless that approval is required because of section 178(5) of that
Act.
16. Functions of Commission
25 (1) It is a function of the Commission --
(a) to facilitate the Minister's entering into an agreement
under section 13 and the fulfilment of the State's
obligations under it; and
(b) to deal with incidental and related matters.
page 7
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 1 Disposal, generally
s. 17
(2) The Commission may enter into an agreement in order to
provide for --
(a) the Commission or any other person to have access to
anything disposed of under this Act;
5 (b) any person to have access to anything that is under the
management and control of the Commission as provided
by section 13 of Government Railways Act 1904;
(c) the sharing of facilities or the joint use of services to
enable the Commission to effectively perform its
10 functions under the Government Railways Act 1904 and
to enable another party to the agreement to effectively
operate freight services as the agreement contemplates.
(3) The Commission may do anything else necessary or convenient
to be done for the purpose of performing a function under this
15 Act.
(4) This section does not limit any power that the Commission has
under the Government Railways Act 1904.
(5) The Minister may direct the Commission --
(a) to allow the whole or part of its functions under this Act
20 to be performed on its behalf by; and
(b) in performing its functions under this Act, to act in
accordance with any instructions of,
a committee of persons appointed by the Minister and given
responsibility for matters to do with the administration of this
25 Act.
17. Ministerial directions and access to information
Sections 8C and 8D of the Government Railways Act 1904
apply as if this Act were a part of that Act.
page 8
Rail Freight System Bill 1999
Disposal and related matters Part 2
Disposal, generally Division 1
s. 18
18. Auditor General may disclose information
Despite section 91 of the Financial Administration and Audit
Act 1985, the Auditor General may for the purpose of
facilitating a disposal under this Part, disclose to any person, or
5 provide any person with access to, information in his or her
possession or under his or her control.
19. Saving
The operation of a provision of this Part is not to be regarded
as --
10 (a) a breach of contract or confidence or any other civil
wrong;
(b) a breach of a contractual provision prohibiting,
restricting, or regulating the assignment or transfer of
assets or liabilities or the disclosure of information;
15 (c) giving rise to a remedy by a party to an instrument, or
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership
of any asset or liability;
(d) causing any contract or instrument to be void or
20 otherwise unenforceable; or
(e) releasing, or allowing the release of, any surety.
20. State indemnities and guarantees
(1) The Treasurer may, in the name and on behalf of the State, give
any indemnity or guarantee in respect of a matter arising under
25 or related to --
(a) an agreement under section 13; or
(b) the assignment of anything in accordance with an
agreement under section 13.
page 9
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 2 Assignment and related matters
s. 21
(2) The payment of any money under an indemnity or guarantee
given under subsection (1) is to be made by the Treasurer and
charged to the Consolidated Fund, which this section
appropriates to the necessary extent.
5 21. Regulations
Regulations may provide for --
(a) anything for which it is necessary or convenient to make
provision in order to give effect to an agreement under
section 13;
10 (b) anything that it is necessary or convenient to deal with
as a consequence of anything in, or anything done
under, this Part.
Division 2 -- Assignment and related matters
22. Definitions
15 In this Division, unless the contrary intention appears --
"asset" means property of any kind whether tangible,
intangible, real, or personal and, without limiting that
meaning, includes --
(a) any chose in action or goodwill; or
20 (b) any right, interest, or claim of any kind,
whether arising from, accruing under, created or evidenced
by or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
25 "assignee" means the person specified in a transfer order as --
(a) the person to whom anything is assigned; or
(b) the person a reference to whom has to be treated as
being substituted for a reference to the Commission
page 10
Rail Freight System Bill 1999
Disposal and related matters Part 2
Assignment and related matters Division 2
s. 23
in an agreement or instrument in order to give effect
to section 24(1)(b);
"liability" means any liability, duty or obligation --
(a) whether actual, contingent or prospective, liquidated
5 or unliquidated; or
(b) whether owed alone or jointly or jointly and severally
with any other person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective, but does not include any
10 privilege or immunity enjoyed as an agent of the Crown
except in so far as it relates to anything done or omitted to
be done before the transfer time;
"transfer order" means an order under section 23, as amended
under that section or corrected under section 29 if
15 applicable;
"transfer time" means the transfer time specified in a transfer
order.
23. Minister may make transfer orders
(1) To give effect to an agreement under section 13, the Minister
20 may make and publish in the Gazette an order that --
(a) specifies a time, being not before the day the order is
published, to be the transfer time for that order;
(b) specifies any asset or liability that, by operation of
section 24, is to be assigned to the person specified in
25 the order;
(c) specifies proceedings in which the person specified in
the order is to be substituted for the Commission as a
party; and
(d) specifies any agreement or instrument relating to
30 anything assigned that, by operation of section 24, is to
page 11
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 2 Assignment and related matters
s. 24
have effect as if, unless otherwise expressly specified in
the order, references to the assignee were substituted for
references in it to the Commission.
(2) If the transfer time is specified by reference to when anything is
5 done, the Minister is to cause notice to be published in the
Gazette of the time when that thing was done.
(3) The transfer order may specify things by reference to schedules
which --
(a) need not be published in the Gazette; but
10 (b) must be available for public inspection,
and anyone or anything specified in a schedule is to be taken to
be specified in the order.
(4) Anyone or anything may be specified in a transfer order by
describing the person or thing as a member of a class.
15 (5) Before a transfer order is made specifying anything by reference
to a schedule, a copy of which will be required to be delivered
to a relevant official under section 28, the Minister is to consult
as to the form and content of the schedule with the relevant
official (or each relevant official if there is more than one).
20 (6) The transfer order, or a schedule to which it refers, may, with
the consent of the assignee, be amended by the Minister, by
further order published in the Gazette, but no such amendment
may be made after the transfer time.
24. Consequences of transfer order
25 (1) If a transfer order is made then, except as may be otherwise
agreed between the Minister and the assignee --
(a) at the transfer time --
(i) an asset that is specified is, by operation of this
section, assigned to the assignee;
page 12
Rail Freight System Bill 1999
Disposal and related matters Part 2
Assignment and related matters Division 2
s. 25
(ii) a liability that is specified is, by operation of this
section, assigned to and becomes a liability of
the assignee; and
(iii) the assignee is, by operation of this section,
5 substituted for the Commission as a party to any
specified proceedings;
(b) an agreement or instrument that is specified has effect,
by operation of this section, as if, unless otherwise
expressly specified, a reference to the assignee were, at
10 the transfer time, substituted for a reference to the
Commission in the agreement or instrument;
(c) any proceedings or remedy that might have been
commenced by, or available against or to, the
Commission in relation to an asset or liability assigned
15 by paragraph (a) may be commenced by, or are available
against or to, the assignee of the asset or liability; and
(d) anything relating to an asset or liability assigned by
paragraph (a) that was done or omitted to be done by, to,
or in respect of, the Commission before the assignment
20 and is of any effect is to be taken to have been done or
omitted by, to, or in respect of, the assignee of the asset
or liability.
(2) In subsection (1) --
"specified" means specified in the transfer order.
25 25. Completion of necessary transactions
If section 24 cannot, to any extent, have effect as described in
this Division (whether because a matter is governed otherwise
than by the law of the State, or for any other reason), the
Minister and the Commission are each to take all practicable
30 steps for the purpose of securing that the effect sought to be
page 13
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 2 Assignment and related matters
s. 26
achieved by the transfer order and this Division is achieved as
soon as possible after the transfer time.
26. Contracts arising from certain internal arrangements of
Commission
5 (1) An instrument that provides for arrangements between different
parts of the Commission's business and operations may be
specified in a transfer order as if it created contractual rights and
liabilities.
(2) An instrument specified as described in subsection (1) is to be
10 regarded as if its provisions were contractual provisions
between different legal entities.
(3) The definitions of "liability" and "right" in section 22 include
contractual liabilities and rights that are to be regarded as
arising because of subsection (2), and those liabilities and rights
15 are accordingly assignable under this Division.
27. Arrangements for custody and use of records
The Commission and an assignee are to make arrangements for
the delivery or sharing of, and access to, registers, papers,
documents, minutes, receipts, books of account and other
20 records (however compiled, recorded, or stored) relating to any
asset, liability, proceedings, agreement, or instrument specified
under section 23(1) in a transfer order.
28. Registration of documents
(1) The Minister is to cause a copy of each transfer order, any
25 schedule to which it refers, and any notice under section 23(2)
relating to the transfer time, to be delivered to each relevant
official and the Commission.
(2) The relevant officials are to take notice of this Part, any transfer
order, including a schedule to which the order refers, and any
page 14
Rail Freight System Bill 1999
Disposal and related matters Part 2
Assignment and related matters Division 2
s. 29
notice under section 23(2), and are to record and register in the
appropriate manner the documents necessary to show the effect
of the transfer order and this Part.
(3) Without limiting subsection (2), a statement in an instrument
5 executed by the assignee that any estate or interest in land or
other property has been assigned to it by section 24 is evidence
of that fact.
(4) In this section --
"relevant official" means the Registrar of Titles, the Registrar
10 of Deeds, the Minister administering the Mining Act 1978
or any other person authorized by a written law to record
and give effect to the registration of documents relating to
transactions affecting relevant property;
"relevant property" means property of a kind affected by the
15 transfer order, whether it is an estate or interest in land or
any other property.
29. Rectifying error in transfer order
(1) The Minister may by order published in the Gazette make any
provision that is necessary to correct any error in a transfer
20 order or a schedule to which a transfer order refers.
(2) An order under this section may be made so as to have effect
from the transfer time under the transfer order.
(3) To the extent that a provision of an order under this section has
effect before the day of its publication in the Gazette, section 24
25 does not, as a result of that provision, operate so as --
(a) to affect, in a manner prejudicial to any person (other
than the State, the Commission, the assignee, or a
Minister, officer or agency of the State), the rights of
that person existing before the day of publication; or
page 15
Rail Freight System Bill 1999
Part 2 Disposal and related matters
Division 2 Assignment and related matters
s. 30
(b) to impose liabilities on any person (other than the State,
the Commission, the assignee, or a Minister, officer or
agency of the State), in respect of anything done or
omitted to be done before the day of publication.
5 30. Applying proceeds of disposal
The proceeds of any disposal under this Part are to be applied
by paying them to the Treasurer or otherwise as the Treasurer
determines.
page 16
Rail Freight System Bill 1999
Railway corridors Part 3
Preliminary and administrative matters Division 1
s. 31
Part 3 -- Railway corridors
Division 1 -- Preliminary and administrative matters
31. Definitions
In this Part, unless the contrary intention appears --
5 "Act Minister" means the Minister for the time being
responsible for the administration of this Act;
"government railway land" means --
(a) land that is, or is part of, a "Government railway" as
defined in section 2 of the Government Railways
10 Act 1904; or
(b) other land that is used by or under the control of the
Commission;
"Rail Corridor Minister" means the body corporate
established by section 32(1).
15 32. Rail Corridor Minister
(1) The Minister for the time being appointed under this section by
the Governor, by order published in the Gazette, is a body
corporate named "the Rail Corridor Minister" with perpetual
succession and a common seal.
20 (2) The Rail Corridor Minister is a State agency.
(3) The Rail Corridor Minister has the functions given by this Act,
and may do anything necessary for, or incidental to, the
performance of those functions.
(4) The Rail Corridor Minister is to inform the Act Minister at least
25 30 days before --
(a) making any order under section 36; or
(b) disposing of anything under section 42.
page 17
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 2 Ordering land to be, or be no longer, corridor land
s. 33
(5) If the Act Minister is appointed to be the Rail Corridor Minister
subsection (4) does not apply.
33. Use of government staff and facilities
(1) The Rail Corridor Minister may by arrangement with the
5 relevant employer make use, either full-time or part-time, of the
services of any officer or employee --
(a) in the Public Service;
(b) in a State agency; or
(c) otherwise in the service of the Crown in right of the State.
10 (2) The Rail Corridor Minister may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency,
make use of any facilities of the department or agency.
(3) An arrangement under subsection (1) or (2) is to be made on
15 terms agreed to by the parties.
Division 2 -- Ordering land to be, or be no longer,
corridor land
34. Designating government railway land as corridor land or
land other than corridor land
20 The Act Minister may, by order notice of which is published in
the Gazette, designate government railway land identified by the
order as corridor land or land other than corridor land.
35. Corridor land order to be published before disposing of land
(1) For the purpose of assisting the Act Minister to prepare a
25 proposal under section 11 that includes a proposal to dispose of
land, the Commission is to give to the Act Minister a
description of the land sufficient to identify it.
page 18
Rail Freight System Bill 1999
Railway corridors Part 3
Ordering land to be, or be no longer, corridor land Division 2
s. 36
(2) If any of the land is not land in respect of which a corridor land
order has been published in the Gazette under this Part, the Act
Minister, by order notice of which is published in the Gazette, is to
designate the land as corridor land or land other than corridor land.
5 36. Additional land for corridor land
If the State makes any land that is not government railway land
available to be corridor land, the Rail Corridor Minister may, by
order notice of which is published in the Gazette, designate the
land as corridor land.
10 37. Ordering land to be no longer corridor land
(1) The Rail Corridor Minister may, by order notice of which is
published in the Gazette, cancel the designation as corridor land
of any land that is no longer required to be corridor land.
(2) Land the designation of which is cancelled by the order
15 becomes part of a Government railway for the purposes of the
Government Railways Act 1904.
38. Identifying land in an order
An order under this Division may identify land by reference to a
schedule that is not published in the Gazette but is available for
20 public inspection.
39. Rectifying error in order
(1) The Rail Corridor Minister may by order published in the
Gazette make any provision that is necessary to correct any
error in an order under this Division (in this section called "the
25 initial order") or a schedule to which it refers.
(2) Subsection (1) applies whether the initial order was made by the
Rail Corridor Minister or by the Act Minister.
(3) An order under this section may be made so as to have effect
from the time when the initial order had effect.
page 19
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 2 Ordering land to be, or be no longer, corridor land
s. 40
(4) To the extent that a provision of an order under this section has
effect before the day of its publication in the Gazette, it does not
operate so as --
(a) to affect, in a manner prejudicial to any person (other
5 than the State, the Commission, the Rail Corridor
Minister, or a Minister, officer or agency of the State),
the rights of that person existing before the day of
publication; or
(b) to impose liabilities on any person (other than the State, the
10 Commission, the Rail Corridor Minister, or a Minister,
officer or agency of the State), in respect of anything done
or omitted to be done before the day of publication.
40. When order comes into operation
(1) An order under this Division comes into operation at the
15 beginning of the day on which notice of it is published in the
Gazette unless the order specifies another time when it is to
come into operation.
(2) If the time when an order is to come into operation is specified
by reference to when anything is done, the Minister is to cause
20 notice to be published in the Gazette of the time when that thing
was done.
(3) Nothing in subsection (1) limits section 39(3).
41. Notation on title to corridor land
(1) The person making an order under this Division is to cause a
25 copy of the order and any schedule to which it refers to be
delivered to each relevant official and the Commission.
(2) The person delivering a copy of the order to a relevant official is
to also provide the relevant official with any further information
requested by the relevant official, in the form, if any, specified
30 in the request.
page 20
Rail Freight System Bill 1999
Railway corridors Part 3
Dealing with corridor land and things on it Division 3
s. 42
(3) If the Act Minister makes the order, the Act Minister is to also
cause a copy of the order and any schedule to which it refers to
be delivered to the Rail Corridor Minister, and if the Rail
Corridor Minister makes the order, the Rail Corridor Minister is
5 to also cause a copy of the order and any schedule to which it
refers to be delivered to the Act Minister.
(4) Each relevant official is to make any entry in, or endorse or note,
any relevant title, plan, map, land register or record to give a
person searching the title to that land notice that it is corridor land
10 or that the designation of the land as corridor land has been
cancelled.
(5) A statement in writing signed by the Rail Corridor Minister that
land is corridor land is evidence of the fact stated.
(6) In this section --
15 "relevant official" means --
(a) the Registrar of Titles;
(b) the Registrar of Deeds; or
(c) the Minister administering the Mining Act 1978,
according to which, if any, of them has responsibility for a
20 register relating to the affected land.
Division 3 -- Dealing with corridor land and things on it
42. Functions in respect of corridor land and certain things on it
(1) The Rail Corridor Minister may, for the purposes of facilitating
the use of corridor land for the carriage of freight by rail or for
25 any other purpose that is compatible with that use --
(a) dispose of an interest in corridor land that is no greater
than a leasehold interest and, if it is for a term, is not for
a term that is, or is capable of being, more than 50 years;
page 21
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 3 Dealing with corridor land and things on it
s. 42
(b) dispose of anything, or an interest in anything,
belonging to the State that is on corridor land, is
associated with the provision of a rail freight service,
and is not part of a Government railway for the purposes
5 of the Government Railways Act 1904;
(c) generally manage, and do anything else in relation to --
(i) corridor land; and
(ii) anything belonging to the State that is on
corridor land, is associated with the provision of
10 a rail freight service, and is not part of a
Government railway for the purposes of the
Government Railways Act 1904.
(2) For the purposes of the restriction in subsection (1)(a), any term
for which there is an option to renew an interest is to be
15 regarded as part of the term of the interest.
(3) The powers given by subsection (1) apply to land and things
belonging to the State even if they are not held by the Rail
Corridor Minister.
(4) Without limiting what else the Rail Corridor Minister may do, the
20 Rail Corridor Minister may do, in relation to former Government
railway land or anything on it that is associated with the provision
of a rail freight service and is not part of a Government railway for
the purposes of the Government Railways Act 1904, anything that
the Act Minister or the Commission could have done had the land
25 not become corridor land.
(5) Without limiting what else the Rail Corridor Minister may do,
Part VI of the Public Works Act 1902 applies, so far as it is
consistent with the other provisions of this Act for it to do so, as
if --
30 (a) a reference in it to a railway referred to a railway that is
on corridor land; and
page 22
Rail Freight System Bill 1999
Railway corridors Part 3
Dealing with corridor land and things on it Division 3
s. 43
(b) in relation to a railway that is on corridor land, a reference
to the Minister referred to the Rail Corridor Minister,
but the regulations may modify or exclude the application of
any provision of that Part under this subsection.
5 (6) Nothing in subsection (1)(b) or (c)(ii) or subsection (4) or (5)
limits the power of the Rail Corridor Minister to dispose of,
manage, or do anything else in relation to, anything, whether or
not it is on corridor land or former Government railway land, if
it belongs to the Rail Corridor Minister.
10 (7) In this section --
"former Government railway land" means corridor land that
was, before it became corridor land, part of a "Government
railway" for the purposes of the Government Railways
Act 1904.
15 43. Conveying interest to give effect to agreement for disposal
The Rail Corridor Minister is to perform any function given by
this Act as may be necessary to fulfil the State's obligations
under an agreement under section 13.
44. Commission and other State agencies to give effect to
20 disposal under this Part
The Commission or any other person holding anything disposed
of, or anything an interest in which is disposed of, under this
Part by the Rail Corridor Minister is to convey what it was that
the Rail Corridor Minister disposed of.
page 23
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 4 Regulatory and other matters to do with corridor land
s. 45
Division 4 -- Regulatory and other matters to do with
corridor land
45. Dividing fences
The Dividing Fences Act 1961 does not apply to a fence
5 separating corridor land from any other land, whether the other
land is also corridor land or not.
46. Corridor land not subject to certain rates or taxes
(1) Corridor land is exempt from --
(a) any rate under the Local Government Act 1995; and
10 (b) any other rate, tax, or charge specified by the Treasurer
by an order published in the Gazette under this section.
(2) The Treasurer may, by order published in the Gazette under this
section, amend or revoke a previous order under this section.
47. No construction on corridor land without consent
15 (1) Despite anything in any Act, a person is not to construct
anything on corridor land unless the Rail Corridor Minister has
agreed in writing.
(2) An agreement under subsection (1) is to give the Rail Corridor
Minister, in addition to any other remedies that may be
20 specified, the right to remove whatever is to be constructed, and
any material used in connection with it, from the corridor land if
any other party to the agreement breaches it.
48. Other restrictions on corridor land
(1) Corridor land is subject to restrictions under this section.
page 24
Rail Freight System Bill 1999
Railway corridors Part 3
Regulatory and other matters to do with corridor land Division 4
s. 49
(2) The restrictions are --
(a) that the land is not to be used in a way that is
inconsistent with anything that is on, or is being done
on, the land in accordance with rights conferred by the
5 Rail Corridor Minister under this Part;
(b) that, unless the approval in writing of the Rail Corridor
Minister has been obtained first --
(i) the land is not to be used; and
(ii) statutory powers under any other written law are
10 not to be exercised on or in respect of the land,
in a way or to an extent that could reasonably be
expected to materially interfere with the exercise in the
future of rights that have been, or might in the future be,
conferred by the Rail Corridor Minister under this Part;
15 and
(c) such other restrictions, if any, as are prescribed by the
regulations.
(3) The Rail Corridor Minister may refuse to give approval under
subsection (2)(b) on the grounds of the likelihood of, or the
20 extent of, the interference referred to in that provision or on any
other grounds that the Rail Corridor Minister thinks relevant.
49. Delegation by Rail Corridor Minister
The Rail Corridor Minister may, by a signed instrument of
delegation, delegate to a person having an interest in corridor
25 land, either generally or as otherwise provided in the
instrument --
(a) the power of approval given by section 48(2)(b); or
(b) any power or duty given to the Rail Corridor Minister by
regulations referred to in section 48(2)(c) in respect of
30 the land.
page 25
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 4 Regulatory and other matters to do with corridor land
s. 50
50. Certain matters that regulations may deal with
(1) Without limiting the regulations that may be made for the
purposes of section 48(2)(c), the regulations may --
(a) make provision for the protection of the corridor land
5 and things on it;
(b) make provision for restricting or prohibiting entry onto
corridor land or places or things on it, which may
include provisions to do with the erection, maintenance,
or removal of gates across public thoroughfares on
10 corridor land;
(c) make provision for the temporary closure or restriction
on the use of a public thoroughfare, bridge, or other
structure on or adjacent to corridor land for maintenance
or in other circumstances.
15 (2) The regulations may make it an offence to contravene a
restriction under section 48, and may prescribe a fine of not
more than $10 000 in respect of the offence.
51. Power of entry
A person authorized by the Rail Corridor Minister to exercise
20 the powers of entry given by this Division, or any of them, may
exercise those powers for doing things for the protection of
corridor land and things on it.
52. Assistants and equipment
Entry under this Division may be made with such assistants and
25 equipment as are considered necessary for the purpose for
which entry is required.
page 26
Rail Freight System Bill 1999
Railway corridors Part 3
Regulatory and other matters to do with corridor land Division 4
s. 53
53. General procedure for entering property
(1) Except in an emergency or if the entry is authorized by the
warrant of a justice, entry by or on behalf of the Rail Corridor
Minister on to any land, premises or thing is not lawful
5 unless --
(a) the consent of the owner or occupier has been obtained;
or
(b) notice has been given under section 54.
(2) If notice has been given under section 54, a person authorized
10 by the Rail Corridor Minister to do so may lawfully enter the
land, premises or thing without the consent of the owner or
occupier unless the owner or occupier or a person authorized by
the owner or occupier objects to the entry.
54. Notice of entry
15 (1) A notice of an intended entry is to be given to the owner or
occupier of the land, premises or thing that is to be entered.
(2) The notice is to specify the purpose for which the entry is
required and continues to have effect for so long as that
requirement continues.
20 (3) The notice is to be given not less than 24 hours before the power
of entry is exercised.
(4) Successive entries for the purpose specified in the notice are to
be regarded as entries to which that notice relates.
55. Entry under warrant
25 (1) In the circumstances described in subsection (2), a justice may
by warrant authorize the Rail Corridor Minister, by its
authorized persons, together with such other persons as are
page 27
Rail Freight System Bill 1999
Part 3 Railway corridors
Division 4 Regulatory and other matters to do with corridor land
s. 56
named or described in the warrant, or a police officer, to enter
any land, premises or thing using such force as is necessary.
(2) A warrant may be granted under subsection (1) where a justice
is satisfied that the entry is reasonably required but --
5 (a) entry has been refused or is opposed or prevented;
(b) entry cannot be obtained; or
(c) notice cannot be given under section 54 without
unreasonable difficulty or without unreasonably
delaying entry.
10 (3) A warrant granted under subsection (1) --
(a) is to be in the prescribed form;
(b) is to specify the purpose for which the land, premises or
thing may be entered; and
(c) continues to have effect until the purpose for which it
15 was granted has been satisfied.
56. Entry in an emergency
(1) In an emergency the Rail Corridor Minister, by its authorized
persons, may lawfully enter any land, premises or thing
immediately and without notice and do what it considers
20 appropriate to deal with the emergency.
(2) For the purposes of this section, an emergency exists where the
Rail Corridor Minister is of the opinion that the circumstances
are such that compliance with the requirements for obtaining
entry other than under this section would be impractical or
25 unreasonable because of, or because of the imminent risk of --
(a) injury or illness to any person;
(b) a natural or other disaster or emergency; or
page 28
Rail Freight System Bill 1999
Railway corridors Part 3
Regulatory and other matters to do with corridor land Division 4
s. 57
(c) such other occurrence as is prescribed for the purposes
of this section.
(3) A person exercising the power of entry given by subsection (1)
may use reasonable force.
5 (4) The power of entry given by subsection (1) may be exercised at
any time while the emergency exists and for so long
subsequently as is reasonably required.
(5) Although notice of an intended entry under this section is not
generally required, the Rail Corridor Minister is to give notice
10 of an intended entry of land under this section to the owner or
occupier of the land where it is practicable to do so.
57. Purpose of entry to be given on request
A person who enters or who has entered any land, premises or
thing on behalf of the Rail Corridor Minister is to give
15 particulars of the authority for that entry on being requested to
do so.
page 29
Rail Freight System Bill 1999
Part 4 Miscellaneous
s. 58
Part 4 -- Miscellaneous
58. Civil penalty
(1) An agreement under section 13 or an instrument under which a
person holds an interest in corridor land under Part 3 may
5 provide for a party to be liable to pay an amount determined
under the agreement or instrument, by way of civil penalty, in
respect of a breach of the agreement or instrument.
(2) The agreement or instrument may provide for an increase in the
amount of the civil penalty because of each day or part of a day
10 during which a breach continues.
(3) A civil penalty provided for in accordance with this section is
recoverable even though no damage may have been suffered or
the penalty may be unrelated to the extent of any damage
suffered.
15 59. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 30
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 60
Part 5 -- Amendments to, or modification of,
other Acts
Division 1 -- Government Railways (Access) Act 1998
60. The Act amended
5 The amendments in this Division are to the Government
Railways (Access) Act 1998*.
[* Act No. 49 of 1998.]
61. Long title amended
The long title is amended as follows:
10 (a) by deleting "use of government railways for rail
operations by persons other than the Western
Australian Government Railways Commission" and
inserting instead --
"
15 use of certain facilities for rail operations by
persons other than their owners
";
(b) by deleting "administrative arrangements that the
Commission is" and inserting instead --
20 " arrangements that railway owners are ".
62. Section 1 amended
Section 1 is amended by deleting "Government".
63. Section 3 amended
(1) Section 3 is amended as follows:
25 (a) in the definition of "access agreement", by deleting "the
Commission" and inserting instead --
" a railway owner ";
page 31
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 63
(b) by deleting the definition of "railway" and inserting
instead the following definition --
"
"Government railway" means a railway, as defined in
5 section 2 of the Government Railways Act 1904,
that is under the management and control of the
Commission as provided by section 13 of that Act;
";
(c) in the definition of "railway infrastructure", by deleting
10 paragraph (h) and inserting instead the following
paragraph --
"
(h) sidings or spur lines that are excluded by
subsection (3) or (4) from being railway
15 infrastructure associated with the railway
concerned;
";
(d) by inserting after the definition of "railway
infrastructure" the following definitions --
20 "
"railway owner" means the person having the
management and control of the use of the railway
infrastructure;
"railways network" means --
25 (a) all the railways that were Government
railways when this Act received the Royal
Assent;
(b) all the railways that are on land that is
corridor land as defined in the Rail Freight
30 System Act 1999; and
page 32
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 63
(c) any railway declared under subsection (2) to
be a part of the railways network;
".
(2) Section 3 is amended by inserting before "In this Act, unless the
5 contrary intention appears" the subsection designation "(1)".
(3) At the end of section 3 the following subsections are inserted --
"
(2) If a railway (the "new railway") is constructed after
this Act receives the Royal Assent and the new railway
10 is connected to a railway that is a part of the railways
network, the Minister may, by order published in the
Gazette, declare the new railway to be a part of the
railways network.
(3) If a siding associated with a railway is managed and
15 controlled by a different person from the person who
manages and controls the use of the railway, the siding
is not railway infrastructure of the railway for the
purposes of this Act.
(4) If a spur line associated with a railway is connected to
20 premises managed and controlled by a different person
from the person who manages and controls the use of
the railway, the spur line is not railway infrastructure
of the railway for the purposes of this Act unless the
Minister, by order published in the Gazette, declares
25 that it, or any of it, is railway infrastructure of the
railway.
".
page 33
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 64
64. Sections 3A and 3B inserted
After section 3 the following sections are inserted --
"
3A. Scope of access rights clarified
5 (1) Without limiting the kinds of rights that can arise under
an access agreement, those rights may entitle a person
who has access to railway infrastructure to --
(a) use land managed and controlled by the railway
owner;
10 (b) construct and operate a rail or other connection
to the railway infrastructure,
for the purpose of exercising those rights.
(2) Accordingly, the provisions of this Act about
agreements and determinations to do with access
15 extend to the matters described in subsection (1).
3B. Access rights may bind person through whom title
derives in certain cases
(1) If the right of the railway owner to manage and control
the use of railway infrastructure is for a limited term or
20 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
25 right to manage and control the use of railway
infrastructure (whether for default or any other reason),
any right of access given by the railway owner
continues as if it had been given by the person for the
page 34
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 65
time being having the right to manage and control the
use of the railway infrastructure.
".
65. Section 4 amended
5 (1) Section 4(1) is amended by inserting after "railways" the
following --
" to which the Code applies ".
(2) Section 4(2)(a) is amended by deleting "Commission" in both
places where it occurs and inserting instead --
10 " railway owner ".
(3) After section 4(2), the following subsection is inserted --
"
(3) Provision may be made in the Code to exclude its
application to interstate services and, for that purpose,
15 to define what is an interstate service.
".
66. Section 6 amended
Section 6(1)(b) is amended by deleting "the Commission" and
inserting instead --
20 " a railway owner ".
67. Section 7 amended
Section 7(a) is amended by deleting "the Commission" and
inserting instead --
" a railway owner ".
page 35
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 68
68. Section 11A inserted
After section 11 the following section is inserted --
"
11A. Consultation with railway owners on amendment or
5 replacement of Code
(1) Without limiting section 10, if the Minister considers
that a proposed amendment or replacement of the Code
may affect a railway owner, the Minister must consult
with the railway owner and have regard to any
10 submissions that the railway owner makes in relation to
the proposal.
(2) If a railway owner considers that the Code, or a
provision of it, has, as a result of altered circumstances,
become unreasonable or inappropriate in its application
15 to the railway owner, the railway owner may make a
submission to the Minister requesting that the Code be
amended or be repealed and replaced.
(3) The Minister must consider a submission made under
subsection (2) and, if requested by the railway owner,
20 consult with the railway owner in relation to it.
".
69. Section 12 amended
Section 12(2) is amended by inserting after "railways" the
following --
25 " to which the Code applies ".
70. Section 15 amended
Section 15(a) is amended by deleting "the Commission" and
inserting instead --
" railway owners ".
page 36
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 71
71. Section 20 amended
Section 20(2) is amended by deleting "the Commission's" and
inserting instead --
" a railway owner's ".
5 72. Section 21 amended
(1) Section 21(1) is amended as follows:
(a) by deleting "require the Commission" and inserting
instead --
" require a railway owner ";
10 (b) in paragraph (c), by deleting "Commission" and
inserting instead --
" railway owner ".
(2) Section 21(2) is amended by deleting "The Commission" and
inserting instead --
15 " A railway owner ".
(3) At the end of section 21 the following penalty provisions are
inserted --
"
Penalty: $20 000.
20 Daily penalty: $2 000.
".
73. Sections 22A to 22D inserted
After section 22 the following sections are inserted --
"
25 22A. Power of entry
(1) The Regulator may, for the purposes of this Act, enter
any premises that are used in connection with the
operation of a part of the railways network to which the
page 37
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 73
Code applies and inspect the premises or anything in or
on the premises.
(2) A railway owner must facilitate any entry and
inspection under subsection (1).
5 Penalty: $20 000.
22B. Obstruction and deception
(1) A person must not hinder or obstruct the Regulator
exercising any power conferred by this Division.
Penalty: $20 000.
10 (2) A person must not give information to the Regulator
acting under this Division that the person knows to be
false or misleading in a material particular.
Penalty: $20 000.
22C. Legal professional privilege
15 Nothing in this Division prevents a railway owner from
refusing to --
(a) send a statement or otherwise give information;
or
(b) produce or send a book, document or record,
20 because the information would be, or the book,
document or record contains, information in respect of
which the railway owner claims legal professional
privilege.
22D. Self-incrimination
25 An individual is not excused from complying with a
requirement under section 21 on the ground that to do
page 38
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 74
so might incriminate the individual or render the
individual liable to a penalty, but --
(a) a statement or return sent or given by the
individual that was made or brought into
5 existence to comply with the requirement; or
(b) the fact that a book, document, or record
produced or sent by the individual to comply
with the requirement was produced or sent,
is not admissible in evidence in any civil or criminal
10 proceedings against the individual other than
proceedings for perjury or for an offence against this
Act arising out of the false or misleading nature of the
information given.
".
15 74. Section 23 amended
At the end of section 23 the following penalty provision is
inserted --
" Penalty: $20 000. ".
75. Heading to Part 4 amended
20 The heading to Part 4 is amended by deleting "of the
Commission".
76. Section 24 amended
Section 24 is amended in the definition of "relevant officer" by
deleting "of the Commission" and inserting instead --
25 " or employee of a railway owner ".
77. Section 25 amended
Section 25 is amended by deleting "by the Commission".
page 39
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 78
78. Section 28 amended
(1) Section 28(1) is amended by deleting "In making arrangements
under section 26 the Commission must" and inserting instead --
" A railway owner must make arrangements to ".
5 (2) Section 28(2) is amended by deleting "The Commission" and
inserting instead --
" A railway owner ".
79. Section 29 amended
(1) Section 29(1) is amended by deleting "the Commission" and
10 inserting instead --
" a railway owner ".
(2) Section 29(2) is amended as follows:
(a) by deleting "the Commission" in the first place where it
occurs and inserting instead --
15 " a railway owner ";
(b) by deleting "Commission's" and inserting instead --
" railway owner's ";
(c) by deleting "Commission" in the last place where it
occurs and inserting instead --
20 " railway owner ".
(3) Section 29(3) is amended as follows:
(a) by deleting "the Commission" in the first place where it
occurs and inserting instead --
" a railway owner ";
25 (b) by deleting "Commission" in the second place where it
occurs and inserting instead --
" railway owner ".
page 40
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways (Access) Act 1998 Division 1
s. 80
(4) At the end of section 29 the following subsection is inserted --
"
(4) If a railway owner fails to comply with --
(a) an arrangement, or varied arrangement,
5 approved under subsection (1);
(b) an agreement reached under subsection (2); or
(c) a direction given under subsection (3),
the railway owner commits an offence.
Penalty: $20 000.
10 ".
80. Section 30 amended
Section 30 is amended by deleting "the Commission" and
inserting instead --
" a railway owner ".
15 81. Section 31 amended
(1) Section 31(1)(b) is amended by deleting "of the Commission"
and inserting instead --
" or employees of the railway owner ".
(2) Section 31(2) is amended in paragraph (c) of the definition of
20 "confidential information" by deleting "an officer" and inserting
instead --
" a person ".
82. Section 32 amended
Section 32 is amended as follows:
25 (a) by deleting "26" and inserting instead --
" 28 ";
page 41
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 1 Government Railways (Access) Act 1998
s. 83
(b) by deleting "an officer" in each of paragraphs (a) and (b)
and inserting instead --
" a person ";
(c) by deleting "Commission" in paragraph (b) and
5 inserting instead --
" railway owner ".
83. Section 33 amended
Section 33 is amended by deleting "Commission" and inserting
instead --
10 " railway owner ".
84. Section 34 amended
Section 34 is amended as follows:
(a) by deleting "The Commission" and inserting instead --
" A railway owner ";
15 (b) in paragraph (a), by deleting "Commission's" and
inserting instead --
" railway owner's ".
85. Section 36 amended
Section 36(1) is amended by deleting "on the Commission".
20 86. Section 37 amended
Section 37(1) is amended by deleting "the Commission" and
inserting instead --
" a person ".
page 42
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Government Railways Act 1904 Division 2
s. 87
Division 2 -- Government Railways Act 1904
87. The Act amended
The amendments in this Division are to the Government
Railways Act 1904*.
5 [* Reprinted as approved 27 October 1982.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 108-9, and Act No. 49
of 1998.]
88. Section 13 amended
10 (1) Section 13(1a) is amended as follows:
(a) in paragraph (c), by deleting "Government";
(b) after paragraph (c), by inserting the following
paragraph --
"
15 (ca) the Rail Freight System Act 1999;
".
(2) If the day fixed under section 2(1) is before section 43(2) of the
Government Railways (Access) Act 1998 comes into operation,
section 13(1) is amended by inserting before "the Rail Safety
20 Act 1998" the following --
" the Rail Freight System Act 1999, and ".
89. Section 19 inserted
After section 18 the following section is inserted --
"
25 19. Commission may operate on corridor land under
the Rail Freight System Act 1999
The Commission may, by agreement with the Rail
Corridor Minister under the Rail Freight System Act
page 43
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 3 Hire-Purchase Act 1959
s. 90
1999, use land that is corridor land under that Act, and
facilities on it, for the purpose of performing any of its
functions under this Act.
".
5 90. Section 61 amended
Section 61(5) is amended by deleting "Government".
Division 3 -- Hire-Purchase Act 1959
91. The Act amended
The amendments in this Division are to the Hire-Purchase
10 Act 1959*.
[* Reprinted as at 5 February 1986.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 116.]
92. Section 2A amended
15 (1) Section 2A(2) is amended by inserting after "Government
purposes" the following --
" or the purpose prescribed in subsection (2a) ".
(2) After section 2A(2) the following subsection is inserted --
"
20 (2a) The purpose referred to in subsection (2) is the purpose
of providing rail freight services that are available to
the public, whether or not those services are to be
provided by or on behalf of the State.
".
page 44
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
Land Administration Act 1997 Division 4
s. 93
Division 4 -- Land Administration Act 1997
93. The Act amended or modified
The amendments or modifications in this Division are to the
Land Administration Act 1997*.
5 [* Act No. 30 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 136.]
94. Heading amended
The heading to Part 9, Division 1, Subdivision 3 is amended by
10 deleting "to other Ministers".
95. Section 159 amended
Section 159 is amended by inserting after paragraph (b) the
following paragraph --
"
15 (ba) the Rail Corridor Minister established by
section 32(1) of the Rail Freight System
Act 1999;
".
96. Section 160 amended
20 Section 160 is amended as follows:
(a) in each of subsections (1) and (2), by inserting after "A
Minister" the following --
" or body ";
(b) in subsection (1), by inserting after paragraph (b) the
25 following paragraph --
"
(ba) in the case of the Rail Corridor Minister
established by section 32(1) of the Rail Freight
page 45
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 5 Land Tax Assessment Act 1976
s. 97
System Act 1999, to the chief executive officer
of the department principally assisting the Rail
Corridor Minister in the administration of
Part 3 of that Act or to any other officer of that
5 department;
".
97. Sections 187-191 not to apply
Sections 187 to 191 do not apply to or in relation to corridor
land.
10 98. Taking of land to be as if for the conferral of rights
When applying the Land Administration Act 1997, the taking of
land for the purpose of dealing with it as corridor land under
this Act is to be regarded as being for the purpose of, and the
land is to be regarded as being required for the purpose of, the
15 grant of interests in the land under this Act, whether or not
interests have already been granted under this Act in respect of
the land.
Division 5 -- Land Tax Assessment Act 1976
99. Schedule Part 1 clause 1 amended
20 Clause 1 of Part I of the Schedule to the Land Tax Assessment
Act 1976* is amended as follows --
(a) in paragraph (b) by inserting before "Where" the
subparagraph designation "(i)";
(b) by inserting the following subparagraph --
25 "
(ii) Subparagraph (i) does not apply to or in respect
of a person who, under paragraph (b) or (c) of
the interpretation of "owner" in section 5, is an
page 46
Rail Freight System Bill 1999
Amendments to, or modification of, other Acts Part 5
National Rail Corporation Agreement Act 1992 Division 6
s. 100
owner of corridor land as defined in section 3
of the Rail Freight System Act 1999 by reason
of holding an interest granted under section
42(1)(a) of that Act.
5 "
[* Reprinted as at 30 July 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 137-8.]
10 Division 6 -- National Rail Corporation Agreement Act 1992
100. The Act amended
The amendments in this Division are to the National Rail
Corporation Agreement Act 1992*.
[* Act No. 56 of 1992.]
15 101. Section 5B amended
Section 5B(2)(a) is amended by deleting "Government".
Division 7 -- Town Planning and Development Act 1928
102. Section 20
Section 20(1) of the Town Planning and Development
20 Act 1928* does not apply to --
(a) a disposal of an interest in corridor land;
(b) a disposal under Part 2; or
page 47
Rail Freight System Bill 1999
Part 5 Amendments to, or modification of, other Acts
Division 7 Town Planning and Development Act 1928
s. 102
(c) any conveyance to give effect to a disposal described in
paragraph (a) or (b).
[* Reprinted as at 21 February 1996.
For subsequent amendments see 1998 Index to Legislation of
5 Western Australia, Table 1, pp. 253-4.]
page 48
Rail Freight System Bill 1999
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Act Minister ................................................................................................... 31
asset ............................................................................................................... 22
assignee ......................................................................................................... 22
Commission ..................................................................................................... 3
Commission's rail freight business.................................................................... 3
corridor land..................................................................................................... 3
corridor land order............................................................................................ 3
former Government railway land ................................................................42(7)
government railway land ................................................................................ 31
Government railway.................................................................................... 8(6)
liability........................................................................................................... 22
Rail Corridor Minister .................................................................................... 31
relevant official ............................................................................... 28(4), 41(6)
relevant property ........................................................................................28(4)
right ............................................................................................................... 22
specified.....................................................................................................24(2)
transfer order.................................................................................................. 22
transfer time ................................................................................................... 22
page 49
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