Victorian Numbered Acts

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TOURIST AND HERITAGE RAILWAYS ACT 2010 (NO. 79 OF 2010) - SECT 30

Liability in relation to leased railway

    (1)     This section applies if—

        (a)     a tourist and heritage railway operator has entered into a lease agreement under section 19; or

        (b)     a tourist and heritage railway operator has a right to occupy a railway or part of a railway by virtue of section 34.

    (2)     Despite any other law to the contrary, the operator—

        (a)     must not, unless the Minister so directs, be required to fence or contribute to fencing any portion of the railway; and

        (b)     is not liable for any damage which may be caused by reason of the railway not being fenced in or fenced off.

    (3)     Subsection (2) does not prevent the operator from erecting and maintaining such fences in connection with the railway as the operator thinks proper.



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