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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Administration Amendment
(Rail Trails) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Transport Administration Act 1988 No 109 3
b2009-098-40.d15
New South Wales
Transport Administration Amendment
(Rail Trails) Bill 2009
No , 2009
A Bill for
An Act to amend the Transport Administration Act 1988 to make further provision
with respect to the closure of railway lines.
Clause 1 Transport Administration Amendment (Rail Trails) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Transport Administration Amendment (Rail Trails) 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Transport Administration Amendment (Rail Trails) Bill 2009
Amendment of Transport Administration Act 1988 No 109 Schedule 1
Schedule 1 Amendment of Transport Administration 1
Act 1988 No 109 2
[1] Section 99A Closure and disposal of railway lines 3
Omit the section. 4
[2] Part 9, Division 1D 5
Insert after Division 1C: 6
Division 1D Closure and disposal of railway lines 7
99F Definitions 8
In this Division: 9
Crown managed railway land has the meaning given by 10
section 99J. 11
disused railway line means a railway line, or a part of a railway 12
line, that is declared to be a disused railway line by an order in 13
force under this Division. 14
rail authority includes the SRA Residual Holding Corporation, 15
the Transport Administration Corporation and the 16
Director-General. 17
99G Closure and disposal of railway lines 18
(1) A rail infrastructure owner must not close a railway line unless 19
the railway line is a disused railway line and its closure is 20
authorised by the Minister under this Division. 21
(2) For the purposes of this section, a railway line is closed if the land 22
concerned is sold or otherwise disposed of. 23
(3) This section does not prevent the sale or removal of railway 24
tracks or other works from the land concerned. 25
(4) However, this section continues to apply to the land concerned 26
even if railway tracks and other works are removed from it. 27
(5) A railway line is not closed merely because any assets, rights or 28
liabilities relating to a disused railway line are transferred to the 29
Lands Administration Ministerial Corporation, in accordance 30
with this Division, to enable management of the disused railway 31
line as Crown land. 32
(6) A railway line is not closed merely because a rail infrastructure 33
owner enters into an ARTC arrangement or a lease or other 34
Page 3
Transport Administration Amendment (Rail Trails) Bill 2009
Schedule 1 Amendment of Transport Administration Act 1988 No 109
arrangement in respect of it pursuant to an agreement entered into 1
by the Commonwealth and the State. 2
(7) This section does not apply to a metro railway system. 3
99H Declaration of disused railway line 4
The Minister may, by order published in the Gazette, declare a 5
railway line, or a part of a railway line, to be a disused railway 6
line. 7
99I Authority to close certain railway lines after public consultation 8
(1) The Minister may, by order published in the Gazette, authorise 9
the closure of a disused railway line. 10
(2) The Minister must give public notice of any proposal to authorise 11
the closure of a disused railway line before deciding to authorise 12
the closure of the disused railway line. 13
(3) The notice is to invite public submissions on the proposal. 14
(4) The notice is to be published in a newspaper circulating in the 15
area in which the railway line concerned is situated and on the 16
website of the Department of Transport and Infrastructure. 17
(5) The notice is to specify a submission period for the proposal, 18
being a period during which submissions may be made to the 19
Minister concerning the proposal. 20
(6) The submission period is to be a period ending not less than 21
30 days after the notice is first published. 22
(7) The Minister must have regard to any submissions received 23
during the submission period in deciding whether or not to 24
authorise the closure of the railway line. 25
99J Disused railway line may be managed as Crown land 26
(1) The Minister may enter into an arrangement with the Minister 27
administering the Crown Lands Act 1989 for the management of 28
a disused railway line as Crown land. 29
(2) For the purposes of the arrangement, the Minister may, by order 30
under section 94, direct that any assets, rights or liabilities of a 31
rail authority, or a subsidiary of a rail authority, relating to a 32
disused railway line be transferred to the Lands Administration 33
Ministerial Corporation. 34
(3) Any land vested in the Lands Administration Ministerial 35
Corporation, as a result of a direction made for the purposes of 36
the arrangement, is Crown managed railway land. 37
Page 4
Transport Administration Amendment (Rail Trails) Bill 2009
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(4) Crown managed railway land is Crown land for the purposes of 1
the Crown Lands Act 1989 and that Act applies in respect of the 2
land, subject to this Division. 3
(5) Crown managed railway land may not be sold, exchanged or 4
otherwise disposed of under the Crown Lands Act 1989. 5
(6) An easement is not to be granted in respect of Crown managed 6
railway land except with the approval of the rail authority, or the 7
subsidiary of a rail authority, in which the land was vested 8
immediately before the land became Crown managed railway 9
land or with the approval of the Director-General. 10
(7) This section does not prevent the granting of rights-of-way, 11
licences or permits in respect of Crown managed railway land, 12
the dedication or reservation of Crown managed railway land, or 13
any other dealing in Crown managed railway land that is 14
authorised by the Crown Lands Act 1989. 15
(8) However, the terms and conditions of the direction of the 16
Minister under this Act by which land is vested in the Lands 17
Administration Ministerial Corporation, and the regulations 18
under this Act, may prohibit or restrict dealings in Crown 19
managed railway land. 20
(9) Crown managed railway lands are not claimable Crown lands 21
under section 36 of the Aboriginal Land Rights Act 1983. 22
99K Re-acquisition of Crown managed railway land for transport 23
purposes 24
(1) The Minister may terminate an arrangement for the management 25
of a disused railway line as Crown land if satisfied that the land 26
concerned is required for transport purposes under this Act. 27
(2) For that purpose, the Minister may, by order in writing, direct that 28
any specified assets, rights or liabilities of the Crown relating to 29
Crown managed railway land be transferred to a rail authority or 30
a subsidiary of a rail authority. 31
(3) An order under this section may be subject to specified terms and 32
conditions. 33
(4) Schedule 4 applies to the transfer of assets, rights and liabilities 34
under this section. 35
(5) Words and expressions used in this section have the same 36
meanings as they have in Schedule 4. 37
Page 5
Transport Administration Amendment (Rail Trails) Bill 2009
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[3] Schedule 4 Transfer of assets, rights and liabilities 1
Omit the section reference appearing before clause 1. 2
[4] Schedule 4, clause 2 3
Insert after clause 2 (1) (a): 4
(a1) an order under section 99K transferring assets, rights or 5
liabilities to a rail authority or a subsidiary of a rail 6
authority, 7
[5] Schedule 7 Savings, transitional and other provisions 8
Insert at the end of clause 2 (1): 9
Transport Administration Amendment (Rail Trails) Act 2009 10
Page 6
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