E\_A7 | ++ AUDAX : AT: FIDELIS ++ Queensland Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Queensland Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title 2... eee eee 6 2 Commencement... .......... 0.0 cece ee eee eee 6 3 Object of Act and its achievement ................00...00. 6 Division 2 Interpretation 4 Definitions... 0.0... 0.2 cee eee 7 5 Meaning of railway ..... 0.0.0.0... eee eee ee 7 6 Meaning of railway works...........0. 0.00 e eee eee 7 7 Meaning of Surat Basin rail corridor land................... 7 Part 2 Exempt leases 8 Declaration of exempt lease... .......... 0.0 eee eee eee 8 9 Non-application of provisions of Land Title Act 1994 and Property Law Act 1974. .... 0.0... ccc eee 8 Part 3 Entering land and carrying out activities for railway works or investigations of land Division 1 Interpretation 10 Definitions for pt3.........0 0.0... eee ee 8 Division 2 Applications for works authority or investigation authority 11 Operation of div2...... 0.0.0... eee 10 12 How to apply for works authority or investigation authority ..... 10 13 Additional information for application ...................0.. 11 14 Granting works authority ................ 00.0.0 0 cece eee 11 15 Granting investigation authority ..................0.2..00. 11 16 Requirements of works authority and investigation authority... . 12 17 Declaration about works authority and investigation authority .. . 13 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 ContentsDivision 3 2123 Division 42527 Division 5 Part 4 Division 1Division 237 Division 339 Page 2 Complying with conditions of works authority or investigation authority) 1.2... eee Cancellation of works authority or investigation authority ...... Powers for entering land and carrying out activities for railway works or investigations Coordinator-General or associated person may enter land and carry out railway workS............ 0.000000 cece e eee eee Authorised person or associated person may enter land and carry out railway workS............ 0.000000 cece e eee eee Coordinator-General or associated person may enter land and investigate the land.................. 0.0.0.0 .000000000. Authorised person or associated person may enter land and investigate the land............ 0.0.0.0... 00.0.0... 00 20 Requirements for entering land Entry to land by notice or agreement...............2...... Care to be taken in entering land......................00. Liability to pay compensation......................0.002. Claiming compensation .............. 000. c cece eee eee Miscellaneous provisions Coordinator-General or authorised person to issue associated person with identification ............... 0.0... eee eee eee Owner or occupier may inspect authority or identification ...... Return of identification .................... 002 e cece Roads, crossings and watercourses General provisions about roads and crossings Altering road levels..........0. 0.0.00. eee eee Maintaining roads crossing railways...................000. Extending roads through or over Surat Basin rail corridor land . . Impact of change of management of local government road on the railway) «wee Closing railway crossingS............. 0.0 cece eee ee eee eee Public use of Surat Basin rail corridor land No presumption of dedication of roads..................... Level crossingS....... 00.0.0... c eee Watercourses Approvals to divert or construct watercourses ............... Cancellation of approval... 2.0.02... . 0.0 cece eee ae Coordinator-General may enter land and carry out activities for watercourses .... 2.0.02. eee 13 1819 222327 28 29 Part 5 Division 1Division 2 Part 6 Part 7 Part 8 Division 1Division 2Division 3 Part 9 Part 10 Part 11 Division 1 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Contents Notice for entry to land unders 40..................00000. 31 Declaration of common areas and carrying out works near the railway Minister may declare common areas Common areas for particular roads ..............00...000. 31 Common areas for non-tidal boundary watercourses. ......... 33 Works near the railway Approval to carry out works near the railway ................ 35 Power to require works to Stop... .... 02... 0-0 e cee eee eee 35 Registration of notice about nature of works ................ 36 Giving or requiring information Coordinator-General may give information to corresponding authority 37 Power to require information from local governments ......... 38 General offence provisions Trespassing on railway... 1... 66... cece eee eee 38 Interfering with railway .......... 0.000... cee eee eee ee 39 Rectifying unauthorised interference .................0220. 40 Altering watercourse to adversely affect the railway........... 40 Altering materials or railway works................0.2.000. 41 Pretending to be an authorised person or associated person .. . 41 Relationship with other Acts Transport noise corridors under Building Act 1975 Application of provisions of Building Act 1975 ............... 42 Recording of information for land in transport noise corridor... . 42 Easements under Land Title Act 1994 Grant and registration of easements ..............2.2..00. 43 Transport Infrastructure Act 1994 Non-application of provisions of Transport Infrastructure Act 1994 44 Severance of rail transport infrastructure Severance of declared infrastructure ..................00-- 44 Reviews Internal review of decisions .............. 0.0 cece eee 45 External review of decisions. ..............00 0: cee eee eee 46 Legal proceedings Evidence No need to prove authority............. 00sec ee eee eee 46 Page 3 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Contents Division 2 Part 1270Schedule Page 4 Conduct of company directors, employees or agents.......... Other evidentiary aids ..........0.... 000 cece eee eee eee Offence proceedings Summary offences... 0.00.0... cece eee Limitation on time for starting proceeding for summary offence. . Miscellaneous provisions Recovery of cost of damage. ............... cece eee eee Amounts payable to Coordinator-General are debts owing to the State eee Disposal of fees, penalties and other amounts. .............. Delegations ............... 0.0. eee eee Regulation-making power................0.0 000000000005 Dictionary .......... 00... eee 48 48 5051 A Bill for An Act to provide for the development and management of a railway within the Surat Basin rail corridor land in a safe, effective and efficient way and for related purposes Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Surat Basin Rail (Infrastructure Development and Management) Act 2012. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Object of Act and its achievement Page 6 (1) The object of this Act is to facilitate the development and operation of the railway. (2) The object is intended to be achieved primarily by— (a) (b) providing that particular provisions of the Land Title Act 1994 and the Property Law Act 1974 do not apply to a railway lease declared under part 2 to be an exempt lease; and providing a framework to— (i) allow the railway to be constructed and maintained in an effective and efficient way; and (ii) allow railway operators to operate rolling stock on the railway in an effective and efficient way; and (ii) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and nN Com NA ANFW NY KO Nw a) NN WN Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 1 Preliminary [s 4] (iv) allow the railway to be managed and operated in an effective and efficient way; and (c) _ providing for the safety of the railway and persons at, on or near the railway by imposing requirements and establishing offences directed at ensuring the safety. Division 2 Interpretation Definitions The dictionary in the schedule defines particular words used in this Act. Meaning of railway Railway means the railway and rail transport infrastructure situated, or proposed to be situated, within the Surat Basin rail corridor land. Meaning of railway works Railway works means works for constructing, maintaining, altering or operating the railway. Meaning of Surat Basin rail corridor land Surat Basin rail corridor land means l\and that is— (a) within the area declared as the Surat Basin Infrastructure Corridor State Development Area under the State Development and Public Works Organisation Act 1971; and (b) owned by the Coordinator-General; and (c) prescribed under a regulation to be Surat Basin rail corridor land. Page 7 nBW Ne Nemec} WNr © & nN 2125 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 2 Exempt leases [s 8] Part 2 Exempt leases 8 Declaration of exempt lease (1) The Minister may, by written instrument, declare a railway lease to be an exempt lease. (2) As soon as practicable after making the instrument, the Minister must give a copy of it to the railway lessee. (3) Within 21 days after making the instrument, the Minister must publish a gazette notice setting out the declaration contained in the instrument. (4) Failure to comply with subsection (2) or (3) does not affect the validity of the instrument. 9 Non-application of provisions of Land Title Act 1994 and Property Law Act 1974 The following provisions do not apply to a lease declared to be an exempt lease under section 8— (a) the Land Title Act 1994, section 67(3)(a); (b) the Property Law Act 1974, section 121 and part 8, division 3. Part 3 Entering land and carrying out activities for railway works or investigations of land Division 1 Interpretation 10 Definitions for pt 3 Page 8 In this part— OMAN AN PW WV COND NP WY 2024 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 10] associated person— (a) of the Coordinator-General, means any of the following— (i) a person who is an agent of, or contractor for, the (b) (ii) (iii) Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22; an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i); if a person mentioned in subparagraph (i) is a corporation—the corporation's chief executive, secretary or directors; and of an authorised person, means any of the following— (i) (ii) (iii) (iv) (v) if the authorised person is a corporation—the corporation's chief executive, secretary or directors; the authorised person's employees or partners who are individuals; a person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person's authority; an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii); if a person mentioned in subparagraph (ili) is a corporation—the corporation's chief executive, secretary or directors. authorised person means a person who holds a works authority or an investigation authority. investigation authority see section 15(1)(a). works authority see section 14(1)(a). Page 9 OM NDMNHP WN OCOrNI DANS WY NK O Nw ne) NN Wn NNW Duns NN aon wW NY Co oO Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 11] Division 2 Applications for works authority or investigation authority 11 Operation of div 2 This division provides for the railway licensee, railway lessee or a railway manager to apply for a works authority or investigation authority. 12 How to apply for works authority or investigation authority (1) The railway licensee, railway lessee or a railway manager may apply to the Coordinator-General for an authority— (a) to enter land adjacent to the Surat Basin rail corridor land, and carry out activities mentioned in section 20, for carrying out railway works; or (b) _ to enter any land, and carry out activities mentioned in section 22, for investigating the potential suitability of land as an expansion or realignment of the Surat Basin rail corridor land. (2) The applicant must consult with the owner or occupier of the land about the proposed entry before applying for the authority. (3) The application must state— (a) _ the land proposed to be entered under the authority; and (b) _ the purpose of the authority; and (c) details of the nature of the activities proposed to be conducted on the land; and (d) _ the period for which the authority is sought; and (e) details of the applicant's consultation with the owner or occupier of the land. Page 10 Ankh W \o on SOW ADNH WNK CO NN NY WY WN Nw ns N n NN on Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 13] Additional information for application d) (2) The Coordinator-General may— (a) make inquiries to decide the application; and (b) ask the applicant to give the Coordinator-General additional information the Coordinator-General considers relevant to decide the application. To decide the application, the Coordinator-General may consider any information the Coordinator-General considers relevant. Granting works authority d) (2) (3) (4) (5) The Coordinator-General may, for an application under section 12(1)(a), decide to— (a) grant an authority (a works authority), with or without conditions; or (b) refuse to grant the works authority. If the Coordinator-General refuses to grant the works authority, the Coordinator-General must give the applicant written reasons for the decision. Without limiting subsection (1)(a), a condition may require the applicant to give a bond or security deposit to the Coordinator-General. The works authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for carrying out railway works. The works authority remains in force, unless cancelled, for the term of not more than 3 years stated in the authority. Granting investigation authority d) The Coordinator-General may, for an application under section 12(1)(b), decide to— Page 11 OMAN ANF WN N SCO OND NN BPW NK CO N — NNN BRWN NN nun 29 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 16] Page 12 (2) (3) (4) (5) (a) grant an authority (an investigation authority), with or without conditions; or (b) _ refuse to grant the investigation authority. If the Coordinator-General refuses to grant the investigation authority, the Coordinator-General must give the applicant written reasons for the decision. Without limiting subsection (1)(a), a condition may require the applicant to give a bond or security deposit to the Coordinator-General. The investigation authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for investigating the potential suitability of the land. The investigation authority remains in force, unless cancelled, for the term of not more than 1 year stated in the authority. Requirements of works authority and investigation authority A works authority and investigation authority must be written and state all of the following— (a) the name of the authorised person for the authority; (b) _ the land to which it applies; (c) | the purpose for which it is granted; (d) when it expires; (e) for a works authority, the powers mentioned in section 20 that the authorised person may exercise under the authority; (f) for an investigation authority, the powers mentioned in section 22 that the authorised person may exercise under the authority; (g) the conditions, if any, imposed on the authority. OMAN ANH W NK BW NRF OO 0 ON AN 212427 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 17] 17 Declaration about works authority and investigation authority It is declared that— (a) _ the grant of a works authority or investigation authority is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land; and (b) a person is not an employee or agent of the State merely because the person is an authorised person. 18 Complying with conditions of works authority or investigation authority An authorised person, or an associated person of the authorised person, must comply with each condition of the authorised person's works authority or investigation authority, unless the authorised person or associated person has a reasonable excuse. Maximum penalty—200 penalty units. 19 Cancellation of works authority or investigation authority d) (2) (3) The Coordinator-General may cancel an authorised person's works authority or investigation authority if the Coordinator-General is reasonably satisfied that— (a) _ the authorised person has not complied with this Act or a condition of the authority; or (b) an associated person of the authorised person has not complied with this Act or a condition of the authority. The Coordinator-General must, as soon as practicable, give the authorised person written notice of the cancellation. The authorised person must, as soon as practicable after receiving the notice— (a) inform all associated persons of the authorised person about the cancellation of the authority; and Page 13 OO OANIDMAB W NR Oo CNDAMNBW NK 2124 26 28 30 32 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 20] (b) (c) Division 3 Page 14 stop all activities being carried out under the authority; and give any identification issued by the authorised person under section 28 to the Coordinator-General. Powers for entering land and carrying out activities for railway works or investigations Coordinator-General or associated person may enter land and carry out railway works (1) The Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter the Surat Basin rail corridor land and land adjacent to that land for carrying out railway works. (2) The Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the purpose of the entry under subsection (1), do any of the following— (a) on the land, make an inspection, investigation, valuation or survey, or take levels; (b) dig and bore into the land to find out the nature of the soil or substrata of the land, and mark the lines of any works on the land; (c) attach or set up on the land trigonometrical stations, survey pegs, marks or poles and inspect, alter, remove, reinstate and repair the land; (d) occupy the land; (e) on the occupied land— (i) construct or place plant, machinery, equipment or goods; or (ii) erect workshops, sheds and other buildings, including buildings for providing housing and \o co Om ADNA WNK OS NNW NRO NNN mn B&B & N WN NA NN \o 0 Ww i) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 21] other amenities for officers or employees and their dependants; or (iii) make roads, cuttings and excavations; or (iv) manufacture and work materials of all kinds; or (v) deposit clay, earth, gravel, sand, stone, timber, wood, and other material; or (vi) take clay, earth, gravel, sand, stone, timber, wood, and other material; or (vii) demolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads. (3) The power to enter land under this section includes power— (a) to enter and re-enter the land; and (b) to remain on the land for the period necessary to achieve the purpose of the entry; and (c) to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry. 21 Authorised person or associated person may enter land and carry out railway works An authorised person under a works authority, or an associated person of the authorised person, may enter the land to which the authority applies and, for carrying out railway works, exercise the powers stated in the authority. 22 Coordinator-General or associated person may enter land and investigate the land d) (2) The Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter any land to investigate the land's potential suitability for an expansion or realignment of the Surat Basin rail corridor land. The Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the Page 15 O©O ON AWN FW NK AD NF WN KO \o oo 2123 25 2729 31 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 23] purpose of the entry under subsection (1), do any of the following— (a) do anything on the land; (b) _ bring anything onto the land; (c) temporarily leave machinery, equipment or other items on the land. (3) The power to enter land under this section includes power— (a) to enter and re-enter the land; and (b) to remain on the land for the period necessary to achieve the purpose of the entry; and (c) to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry. 23 Authorised person or associated person may enter land and investigate the land An authorised person under an investigation authority, or an associated person of the authorised person, may enter the land to which the authority applies and, for investigating the land, oO mMmN DN FW NK Co NOR exercise the powers stated in the authority. Division 4 Requirements for entering land 24 Entry to land by notice or agreement (1) The Coordinator-General must, before Coordinator-General or an associated person of Coordinator-General enters someone else's land— (a) give at least 7 days written notice of the entry to the land's owner or occupier; or (b) obtain the written agreement of the land's owner or occupier to the entry. Page 16 ONDMN PW 2225 27 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land (2) (3) (4) [s 24] An authorised person must, before the authorised person or an associated person of the authorised person enters someone else's land— (a) give at least 7 days written notice of the entry to the land's owner or occupier; or (b) obtain the written agreement of the land's owner or occupier to the entry. The notice must state all of the following— (a) the use intended to be made of the land; (b) a general outline of the activities intended to be carried out on the land; (c) the approximate period during which the activities are expected to be carried out; (d) the notice is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land; (e) the owner or occupier may claim compensation under section 27 by giving a notice; (f) _ the person who the owner or occupier must give a notice to under section 27. Also, if the person entering the land is the Coordinator-General or an associated person of the Coordinator-General, the notice must— (a) be attached to— (i) for an entry under section 20, a copy of section 20; or (ii) for an entry under section 22, a copy of section 22; and (b) for an entry by an associated person—state that the person is an_ associated person of _ the Coordinator-General. Page 17 oO ANID NH WNK Com NDMP WN FO Nw - oO NNN BRWN N Nn Nw NO NW on Www NRO Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 25] Page 18 (5) (6) (7) In addition, if the person entering the land is an authorised person or an associated person of the authorised person, the notice must— (a) be attached to a copy of the works authority or investigation authority; and (b) _ state the following— (i) that the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land; (ii) for an entry by an associated person—that the person is an associated person of the authorised person. The person entering the land need not comply with this section for carrying out— (a) urgent remedial action on the railway; or (b) maintenance on a road. However, if urgent remedial action is required, the person entering the land must give the land's owner or occupier as much oral notice as is practicable. Care to be taken in entering land d) (2) This section applies if the Coordinator-General, an authorised person or associated person enters land to— (a) carry out railway works; or (b) investigate the potential suitability of the land for an expansion or realignment of the Surat Basin rail corridor land. The Coordinator-General, authorised person or associated person— (a) must take as much care as is practicable to minimise damage to the land or inconvenience to the land's owner or occupier; and OMANI HD NH WNK SCOmDmnN DUNK WNK CO N N — NN Wh N & NNW NUIDAUN NN \o 0 WW WwW NRO Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 26] (b) may do anything necessary or desirable to minimise the damage or inconvenience. Liability to pay compensation d) (2) (3) This section applies if the Coordinator-General, an authorised person or associated person— (a) enters land and carries out railway works on the land; or (b) _ enters land and carries out an investigation on the land. The Coordinator-General is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1), of the Coordinator-General or an associated person of the Coordinator-General. The authorised person is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1), of the authorised person or an associated person of the authorised person. Claiming compensation d) An owner or occupier of land entered under this part may, by written notice— (a) claim compensation for loss or damage caused by— (i) the entry and railway works carried out on the land; or (ii) the entry and investigation carried out on the land; or (b) claim compensation for the taking or use of materials; or (c) require works in restitution for the damage; or (d) require works in restitution for the damage and then claim compensation for any loss or damage not restituted. Page 19 Ne om A WD WS W CDADNH WNRK CO 21 24 26 28 30 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 27] Page 20 (2) (3) (4) (5) (6) The owner or occupier must give the notice— (a) (b) (c) for an entry by the Coordinator-General or an associated person of the Coordinator-General—to the Coordinator-General; or for an entry by an authorised person or associated person of the authorised person under a_ works authority—to the Coordinator-General; or for an entry by an authorised person or associated person of the authorised person under an investigation authority—to the authorised person. The notice must be given— (a) (b) within 1 year after the railway works or investigation of the land is completed; or at a later time allowed by the Coordinator-General. The claim for compensation may be made— (a) (b) (c) whether or not the act or omission giving rise to the claim was authorised under division 3 or a works authority or investigation authority; and whether or not the person who made the entry, carried out the railway works or carried out the investigation took steps to prevent the loss or damage; and even though the loss or damage was caused, or contributed to, by an associated person of the Coordinator-General or an authorised person. The amount of compensation for loss or damage caused by an entry to carry out railway works is— (a) (b) the amount agreed between the Coordinator-General and the person; or if the person and Coordinator-General can not agree within a reasonable time—the amount decided by the Land Court. The amount of compensation for loss or damage caused by an entry to investigate land is— Om NID PWN SO OND NN FP WN KF CO Nw — NNN BRWN NN nn NN on WwWhN roo Wo U2 Wh Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 28] (a) the amount agreed between the parties; or (b) if the parties can not agree within a reasonable time—the amount decided by the Land Court. Division 5 Miscellaneous provisions 28 Coordinator-General or authorised person to issue associated person with identification d) (2) (3) (4) The Coordinator-General must issue an associated person of the Coordinator-General with identification before the associated person enters someone else's land and carries out activities under division 3. An authorised person must issue an associated person of the authorised person with identification before the associated person enters someone else's land and carries out activities under a works authority or investigation authority. Maximum penalty—10 penalty units. The identification for an associated person of the Coordinator-General must— (a) _ state the name of the person to whom the identification is issued; and (b) _ state that, for this Act, the person is an associated person of the Coordinator-General; and (c) state the capacity in which the associated person is an associated person; and (d) _ be signed by or for the Coordinator-General; and (e) be signed by the associated person; and (f) _ state an expiry date. The identification for an associated person of an authorised person must— (a) _ state the names of the authorised person and the person to whom the identification is issued; and Page 21 w OMAN DUN OD AND MN PWNK CO Nw i) NN Wh RYN WY Nn nn NN on WN ow Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 3 Entering land and carrying out activities for railway works or investigations of land [s 29] Page 22 (b) _ state that, for this Act, the person is an associated person of the holder of a works authority or investigation authority; and (c) | state the capacity in which the associated person is an associated person; and (d) _ be signed by or for the authorised person; and (e) be signed by the associated person; and (f) _ state an expiry date. Owner or occupier may inspect authority or identification d) (2) (3) This section applies if a person who claims to be or appears to be the owner or occupier of land asks an individual who has entered, is entering or is about to enter land under this part— (a) for identification; or (b) about the person's authority to enter the land. If the request is made of an authorised person, the authorised person must immediately state the authorised person's name and show the other person a copy of the authorised person's works authority or investigation authority. Maximum penalty—10 penalty units. If the request is made of an associated person of the Coordinator-General or an authorised person, the associated person must immediately state his or her name and show the other person the associated person's identification. Maximum penalty—10 penalty units. Return of identification d) (2) This section applies to a person who stops being an associated person of the Coordinator-General or an authorised person. The person must return the identification issued under section 28 to the Coordinator-General or authorised person within 21 CoN DUB WNHe CIDN FW NRO \o NNNWYW WNrRO N & 27 29 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 31] days after the person stops being an associated person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Part 4 Roads, crossings and watercourses Division 1 General provisions about roads and crossings 31 Altering road levels (1) In constructing or managing the railway, a railway manager may alter the level of a road or require the authority responsible for the road to alter its level. (2) Unless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level. (3) A person whose land is directly affected by the alteration may claim compensation from the railway manager. (4) The amount of compensation is— (a) the amount agreed between the parties; or (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation. 32 Maintaining roads crossing railways (1) A railway manager must maintain— (a) apart of the railway on a road; and Page 23 POO WON AN FWNY KO Nw NN NN WN Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 33] Page 24 (2) (3) (4) (b) _ the surface of the road, in a character in keeping with the road— (i) between the rails; and (ii) outside the outermost rails to a distance of 2m. If a part of the railway is built by way of a bridge or other structure over or under a road, the authority that maintained the road before the railway was built must continue to maintain the road over or under the bridge or structure. If there is no railway manager, the railway licensee or railway lessee must comply with subsection (1). If there is no railway manager, railway licensee and railway lessee, the authority that maintained the road before the railway was built must comply with subsection (1)(b). Extending roads through or over Surat Basin rail corridor land d) (2) (3) A local government must apply to the Coordinator-General to obtain the Coordinator-General's written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of— (a) a bridge or other structure over a part of the railway; or (b) a bridge or other structure that allows the road to pass under a part of the railway; or (c) acrossing at the same level as a part of the railway. Example for paragraph (c)— a level crossing The Coordinator-General must consider the application and may decide to— (a) grant the approval, with or without conditions; or (b) _ refuse to grant the approval. Without limiting subsection (2), a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land. OO OANDN FW NK WNrF oO CODAND NS 22 2427 29 31 (4) (5) (6) (7) (8) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 33] Example— A condition may provide that the length of a bridge over the railway be long enough to allow for an additional track to be laid in the future. Before deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. The Coordinator-General must give the local government written notice of the Coordinator-General's decision on the application. If the approval is granted— (a) the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and (b) the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and (c) a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and (d) the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation. Once the road is used, it is taken to be— (a) aroad under the local government's control; and (b) aroad under any Act about the use of vehicles on a road. Unless the Coordinator-General and the local government otherwise agree— (a) _ the local government is responsible for maintaining the road and the bridge, structure or crossing; and (b) if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land. Page 25 COMAANY ANH WN COMAANAD NPW NY CO NNWW WNrF oO NY NY WY Nn nn NN on WN ow WWW WwW BRWNR Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 34] Page 26 Impact of change of management of local government road on the railway d) (2) (3) (4) (5) (6) A local government must apply to the Coordinator-General to obtain the Coordinator-General's written approval to make a change to the management of a local government road that, if made— (a) would require works to be carried out on the railway; or (b) would have a significant adverse impact on the safety and operational integrity of the railway. The Coordinator-General— (a) must consider the application within— (i) 30 days after receiving it; or (ii) the longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and (b) may decide to— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change. The Coordinator-General must give the local government written notice of the Coordinator-General's decision on the application. The Coordinator-General is taken to have approved the proposed change if the Coordinator-General does not within 30 days of receiving the application— (a) decide the application; or (b) give the local government a notice under subsection (3). This section does not apply if the Coordinator-General has considered the change to the management of the local government road as part of the Coordinator-General's consideration of an application for a development approval. In this section— COMA A DANBW NK AI NH NABW NY KF CO \o NNW NRF OO NNN mn & WD N WN nN OD WwWNN Re OO 0 Ww N Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 35] development approval means a development approval under the Sustainable Planning Act 2009. 35 Closing railway crossings d) (2) (3) (4) (5) A railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— (a) _ the safety of the railway; or (b) _ the public using it or who may use it. If the manager decides to close or regulate a crossing, the manager must, as soon as practicable after its closure or regulation— (a) notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and (b) _ if there is a relevant person for the crossing— Gi) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and (ili) give the relevant person written reasons for the decision. A relevant person for the crossing may, by written notice given to the railway manager, claim compensation for loss or damage directly suffered by the relevant person and arising from the closure or regulation of the crossing. The notice under subsection (3) must be given— (a) within 1 year after the closure or regulation ends; or (b) at a later time allowed by the Coordinator-General. The amount of compensation for the loss or damage is— Page 27 N oO mMmrN DNB W SCO OND NN PWN KO NWN — NN WN NNYNWN NADAWNH WwW WY WN r COCO Ow Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 36] (6) (a) the amount agreed between the parties; or (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed. In this section— relevant person, for a railway crossing, means— (a) agrantee of an easement for the railway crossing; or (b) a grantee of a licence to use the railway crossing. Division 2 Public use of Surat Basin rail Page 28 corridor land No presumption of dedication of roads If the public uses part of the Surat Basin rail corridor land as a road or otherwise for access purposes, the land is not taken to have been dedicated for use as a road even though the use is authorised or allowed by the Coordinator-General, the railway licensee, the railway lessee or a railway manager. Level crossings d) (2) Pedestrians and drivers of vehicles must give way to— (a) arailway operator's rolling stock on railway tracks at a level crossing; and (b) a railway manager's rail vehicle on railway tracks at a level crossing. If an accident happens at a level crossing because a person does not comply with subsection (1)— (a) _ the railway operator and railway manager are not liable for any injury or damage caused in the accident; and Co mON DD NFWN ADMAHW LV 21 23 25 27 (3) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 38] (b) the person must pay the railway operator or railway manager the cost of any damage caused to property of the operator or manager. However, subsection (2) does not apply if the railway operator or railway manager, or an agent or employee of the operator or manager, were negligent in relation to the accident. Division 3 Watercourses Approvals to divert or construct watercourses d) (2) (3) (4) To carry out railway works, a railway manager may, with the Coordinator-General's written approval— (a) divert a watercourse; or (b) construct a watercourse, whether temporary or permanent. In deciding whether to approve the diversion of a watercourse, the Coordinator-General must consider the effect the works for the diversion would have on the watercourse's physical integrity and flow characteristics. Subsection (2) does not limit the matters the Coordinator-General may consider. The approval may be given with or without conditions. Cancellation of approval d) (2) The Coordinator-General may cancel a person's approval under section 38 if the Coordinator-General is reasonably satisfied that the person has not complied with a condition of the approval. The Coordinator-General must, as soon as practicable, give the person written notice of the cancellation. Page 29 NADUNB WNeR \o SCO AND FW NY KO NY WY — 2426 28 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 4 Roads, crossings and watercourses [s 40] (3) The person must, as soon as practicable after receiving notice 1 of the cancellation, stop all activities being carried out under 2 the approval. 3 40 Coordinator-General may enter land and carry out 4 activities for watercourses 5 (1) If the Coordinator-General considers that water from a 6 watercourse has collected and obstructs, or is likely to collect 7 and obstruct, traffic on the railway, the Coordinator-General, 8 or a person authorised under this section by the 9 Coordinator-General, may— 0 (a) enter the land on which the watercourse is situated; and 1 (b) take the action that the Coordinator-General considers 2 necessary or desirable to reduce or prevent the 3 collection of water. 4 (2) Before acting under subsection (1), the Coordinator-General 5 may, by written notice, require the owner of the land on which 6 the watercourse is situated to take the action that the 7 Coordinator-General considers necessary or desirable to 8 reduce or prevent the collection of water. 9 (3) The owner must comply with the notice, unless the owner has 20 a reasonable excuse. 21 Maximum penalty—200 penalty units. 22 (4) If the owner does not comply with the notice, the 23 Coordinator-General may exercise the powers mentioned in 24 subsection (1). 25 (5) The owner is liable to pay the Coordinator-General the costs 26 incurred because of the exercise of the powers. 27 (6) This section applies— 28 (a) even if the water collected, or was likely to collect,asa 29 result of action authorised under an Act; or 30 (b) whether the water collects, or was likely to collect, 31 permanently, temporarily or intermittently. 32 Page 30 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 41] 41 Notice for entry to land under s 40 d) (2) (3) Before the Coordinator-General or a person authorised under section 40 enters someone else's land, the Coordinator-General or the person must— (a) give at least 7 days written notice of the entry to the land's owner or occupier; or (b) obtain the written agreement of the land's owner or occupier to the entry. The Coordinator-General or person need not comply with subsection (1) for— (a) urgent remedial action on the railway; or (b) maintenance on a road. However, if urgent remedial action is required, the Coordinator-General or person must give the land's owner or occupier as much oral notice as is practicable. Part 5 Declaration of common areas and carrying out works near the railway Division 1 Minister may declare common areas 42 Common areas for particular roads d) (2) This section applies if the route of the Surat Basin rail corridor land— (a) is interrupted by a relevant road; and (b) continues on the other side of the relevant road. The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common Page 31 CON AN BWNHN - Oo So eS Ne pee an B&W 1722 24 26 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 42] area (common area) for the relevant road and the route of the Surat Basin rail corridor land. (3) If the Minister declares a common area— (a) (b) (d) (e) a railway manager may construct, maintain and operate the railway on the common area in a way consistent with its use as a relevant road; and Examples for use as a relevant road— ¢ — alevel crossing ¢ abridge or other structure over the road * a bridge or other structure that allows the railway to pass under the road the railway licensee may use and occupy the common area for the period that it holds a railway licence in a way consistent with its use as a relevant road and the railway licence; and the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with its use as a relevant road and the railway lease; and the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way consistent with its use for the railway; and the relevant person for the relevant road and the relevant person's agents or employees do not have any liability for the railway or its use or operation on the common area. (4) After a common area is declared— (a) (b) Page 32 the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land. COmMAAN DANK W NK COMAANID NABPWN KO NNW NRO NNNN Dob wW N — WNW oun WwW WwW WN (5) (6) (7) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 43] If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing the rail transport infrastructure from the common area and restoring the road, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree. The Coordinator-General must consult with the relevant person for the relevant road before entering into an agreement mentioned in subsection (5). In this section— relevant person see the Transport Infrastructure Act 1994, section 249. relevant road means— (a) astock route; or (b) a relevant road under the Transport Infrastructure Act 1994, section 249. 43 Common areas for non-tidal boundary watercourses d) (2) (3) This section applies if the route of the Surat Basin rail corridor land— (a) is interrupted by a non-tidal boundary watercourse; and (b) continues on the other side of the non-tidal boundary watercourse. The Minister may, by gazette notice, declare the part of the non-tidal boundary watercourse where it interrupts the Surat Basin rail corridor land to be a common area (common area) for the non-tidal boundary watercourse and the Surat Basin rail corridor land. If the Minister declares a common area— (a) the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— (i) _ survey and resurvey a watercourse crossing; and Page 33 CAN DANHPWNKE DAN fF WwW Nr CO ~ 22 242630 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 43] Page 34 (4) (5) (6) (7) (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and (iii) name and number a watercourse crossing; and (b) _ the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and (c) | the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease. After a common area is declared— (a) the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and (b) _ the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land. If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing rail transport infrastructure from the common area and restoring the non-tidal boundary watercourse, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree. A declaration under this section does not remove or diminish any existing right the State or a person may have in relation to a non-tidal boundary watercourse in the common area including the rights of an owner or occupier of land adjoining the Surat Basin rail corridor land mentioned in the Land Act 1994, section 13A. In this section— non-tidal boundary watercourse means land that is the property of the State under the Land Act 1994, section 13A(1) or (2). watercourse crossing means rail transport infrastructure that is, or is proposed to be, situated over, under, on or in a non-tidal boundary watercourse. OMAN ANB W NK N SOmMYI ANH WNF CO NN Noe NNNYNNNY CANMAW N \o Wo WwW W NRO WwW WwW an Bw Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 44] Division 2 Works near the railway Approval to carry out works near the railway d) (2) (3) (4) A person must not, without the Coordinator-General's written approval, carry out works near the railway if the works threaten, or are likely to threaten, the railway's safety or operational integrity. The Coordinator-General may give the person a written approval if the Coordinator-General reasonably believes the works do not threaten, or are not likely to threaten, the railway's safety or operational integrity. It is declared that the Coordinator-General's approval under this section does not affect any requirement under another Act that the person must comply with to carry out the works. This section binds all persons, including the State. Power to require works to stop d) (2) (3) (4) (5) Subsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway's safety or operational integrity. The Coordinator-General may give the person a written direction to stop, alter or not start the works. The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. If works are carried out without an approval under section 44 or contrary to a direction under subsection (2), the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period. The person must comply with the requirement, unless the person has a reasonable excuse. Page 35 OMAN ANAW WV B WNr CO ODND UN 23 262830 32 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 5 Declaration of common areas and carrying out works near the railway [s 46] Page 36 (6) (7) (8) (9) Maximum penalty—100 penalty units. If the person does not comply with the requirement, the Coordinator-General may— (a) alter, demolish or take away the works; or (b) alter, demolish or take away the works and recover the cost of doing so from the land's owner as a debt payable by the owner. For this section, a person authorised by _ the Coordinator-General may enter land and inspect works— (a) after giving 3 days written notice of the entry to the land's owner or occupier; or (b) with the written agreement of the land's owner or occupier to the entry; or (c) without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway's safety or operational integrity. If a person enters land under subsection (7)(c), the Coordinator-General must give the land's owner or occupier as much oral notice as is practicable. This section binds all persons, including the State. Registration of notice about nature of works d) (2) This section applies if the Coordinator-General reasonably believes works near the railway that may be conducted on land are likely to threaten the safety or operational integrity of the railway. The Coordinator-General may give the registrar of titles a signed notice— (a) identifying the land; and (b) identifying the nature of works that may be conducted on the land the Coordinator-General reasonably believes Com ND FP WN SCOmMWM ADM WN KO NY WN — 2426 28 31 (3) (4) Part 6 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 6 Giving or requiring information [s 47] is likely to threaten the safety or operational integrity of the railway; and (c) stating that the owner of the land must obtain the Coordinator-General's written approval under section 44 before conducting works of that nature on the land. The registrar of titles must ensure a notice appears in the appropriate register so that a search of the register will show that an owner of the land must obtain the Coordinator-General's written approval under section 44 before conducting works of the nature identified in the notice on the land. No fee is payable for registration of the notice. Giving or requiring information 47 Coordinator-General may give information to corresponding authority d) (2) (3) For the transport of dangerous goods on or over the Surat Basin rail corridor land, the Coordinator-General may give to a corresponding authority— (a) information about action taken by the Coordinator-General under this Act; or (b) information obtained under this Act. Subsection (1) does not apply if the Coordinator-General or the corresponding authority would otherwise be required to maintain confidentiality about the information under an Act. In this section— corresponding authority means— (a) a government entity of the Commonwealth or another State responsible for administering a corresponding law to the Transport Infrastructure Act 1994 or the Transport (Rail Safety) Act 2010; or Page 37 ODAID NAHW NK ee an) — N Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 7 General offence provisions [s 48] (b) an entity prescribed under a regulation as a corresponding authority for this Act. dangerous goods see the Transport Infrastructure Act 1994, schedule 6. 48 Power to require information from local governments (1) The Coordinator-General may, by written notice given to a local government, require the local government to give to the Coordinator-General, or to a person stated in the notice, information on a particular issue relevant to— (a) _ the discharge of the Coordinator-General's functions or the exercise of powers under this Act; or (b) the discharge of the local government's functions or exercise of powers under the Sustainable Planning Act 2009. (2) The notice must state a reasonable period within which the notice is to be complied with and may state the way in which it is to be complied with. (3) The local government must comply with the notice. (4) However, the local government may appeal to the Minister against the notice and, if the local government appeals, the local government only has to comply with the notice if, and to the extent that, the Minister directs. Part 7 General offence provisions 49 Trespassing on railway A person must not intentionally or recklessly trespass on the railway. Maximum penalty—40 penalty units. Page 38 BW NR OMDND MN aoarADN FWN KO NNW NRF Ow! 26 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 7 General offence provisions [s 50] 50 Interfering with railway d) (2) (3) (4) (5) (6) (7) (8) (9) A person in or on the Surat Basin rail corridor land must not interfere with the railway unless— (a) _ the person has the written approval of a relevant person; or (b) _ the interference is permitted or authorised under a right of access under section 33 or the Transport (Rail Safety) Act 2010; or (c) the interference is otherwise approved, authorised or permitted under this Act or another Act. Maximum penalty—160 penalty units. A person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1)(a), (b) or (c) applies to the person. Maximum penalty—80 penalty units. An approval may be subject to a reasonable condition. The person must comply with the condition. Maximum penalty—40 penalty units. Subsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway. If a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision. If the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision. This section binds all persons, including the State. In this section— interfere with, the railway, means— (a) carry out works in or on the Surat Basin rail corridor land; or Page 39 OO OND AWK WN eoarANI NHN FWN KF CO N ow NNNN BWNeR NNW NAAM Bw YY N oO w 2 Go Nore Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 7 General offence provisions [s 51] (b) carry out works in or on a railway crossing or watercourse crossing; or (c) otherwise interfere with the railway or its operation. relevant person means— (a) arailway manager; or (b) | otherwise—the Coordinator-General. NYDN FW NK watercourse crossing see section 43(7). 51 Rectifying unauthorised interference oo (1) If a person contravenes section 50(1) by interfering with the railway, a railway manager may, by written notice, require the person to rectify the interference within a stated reasonable period. (2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (3) If the person does not comply with the requirement, the railway manager may rectify the interference. \o eoarAD NN BPW NK CO (4) The person must pay the railway manager's costs of — (a) _ rectifying the interference; or \o (b) altering the construction, maintenance or operation of the railway because of the interference. Nw a) (5) In this section— NN Ww N rectify the interference means— (a) alter, dismantle or take away any works; or N & (b) fix any damage caused by the interference. N Nn 52 Altering watercourse to adversely affect the railway 26 (1) A person must not, without a reasonable excuse, alter a 27 watercourse in a way that adversely affects the railway. 28 Page 40 (2) (3) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 7 General offence provisions [s 53] Maximum penalty—40 penalty units. A person must not, without a reasonable excuse, attempt to alter a watercourse in a way that adversely affects the railway. Maximum penalty—20 penalty units. In this section— alter includes damage and interfere with. Altering materials or railway works d) (2) (3) (4) A person must not, without a reasonable excuse, alter any naturally occurring materials, stockpile of material or railway works on the railway. Maximum penalty—200 penalty units. A person must not, without a reasonable excuse, attempt to alter any naturally occurring materials, stockpile of material or railway works on the railway. Maximum penalty—100 penalty units. A person must not deposit rubbish or abandon goods or materials on the railway other than at places approved by, and under conditions fixed by, a relevant person for the railway. Maximum penalty—200 penalty units. In this section— alter includes damage, interfere with and remove. relevant person, for the railway, means— (a) arailway manager; or (b) the Coordinator-General. Pretending to be an authorised person or associated person A person must not pretend to be— (a) an authorised person; or Page 41 Dn nn fF WN ~ Nemec} 0 OAD NA PWN KF CO NY NYY WY WY FW NY FF OS 26 28 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 8 Relationship with other Acts [s 55] (b) an associated person of the Coordinator-General; or (c) an associated person of an authorised person. Maximum penalty—80 penalty units. Part 8 Relationship with other Acts Division 1 Transport noise corridors under Building Act 1975 55 Application of provisions of Building Act 1975 The Building Act 1975, chapter 8B, parts 1 and 3 (the applied provisions) applies to the Surat Basin rail corridor land and land adjoining it as if— (a) a reference to railway land in the applied provisions included a reference to the Surat Basin rail corridor land; and (b) areference to the transport chief executive in the applied provisions were a reference to the Coordinator-General. 56 Recording of information for land in transport noise corridor (1) The Coordinator-General may give the registrar of titles a written notice about land within a transport noise corridor. (2) The notice must include particulars of the land. (3) If the Coordinator-General acts under subsection (1), the registrar of titles must— (a) keep a record to show the land to which the notice relates is land within a transport noise corridor; and Page 42 Nemec} nk WNr OO on NaN 22 24 (4) (5) (6) (7) (8) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 8 Relationship with other Acts [s 57] (b) _ keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land is within a transport noise corridor. Subsection (5) applies if land for which a notice is given under subsection (1) is no longer within a transport noise corridor. As soon as practicable after becoming aware the land is no longer within the transport noise corridor, the Coordinator-General must give the registrar of titles written notice of the fact. On receiving the notice, the registrar of titles must remove the record mentioned in subsection (3) from the registrar's records. No fee is payable to the registrar for keeping or removing a record under this section. In this section— transport noise corridor means a transport noise corridor designated under the Building Act 1975, chapter 8B, part 3. Division 2 Easements under Land Title Act 57 Grant and registration of easements d) (2) (3) (4) The railway lessee may grant an easement that burdens the railway lease. The instrument creating the easement may be registered under the Land Title Act 1994, section 83. For the Land Title Act 1994, section 83(1)(b)(i), a reference to the registered owner is taken to include the railway lessee. This section does not prevent— (a) the Coordinator-General from granting or registering an easement that burdens a lot of the land subject to the railway lease; or Page 43 COMPANY ANH WNK CAIN NAP WNK CO 23 25 27 30 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 9 Severance of rail transport infrastructure [s 58] (b) the railway lessee from registering more than 1 instrument creating an easement that burdens the railway lease. (5) Itis declared that— (a) an easement over the railway lease ends when the railway lease ends; and (b) this section only applies to a lot that is the Surat Basin rail corridor land and a lot that adjoins the Surat Basin rail corridor land. Division 3 Transport Infrastructure Act 1994 58 Non-application of provisions of Transport Infrastructure Act 1994 The Transport Infrastructure Act 1994, chapters 7 and 16 do not apply to— (a) railway works that are carried out, or are to be carried out, under this Act; or (b) investigations for the expansion or realignment of the Surat Basin rail corridor land that are carried out, or are to be carried out, under this Act; or (c) the Surat Basin rail corridor land; or (d) _ the railway. Part 9 Severance of rail transport infrastructure 59 Severance of declared infrastructure (1) A regulation may declare that rail transport infrastructure stated in the regulation (the declared infrastructure) is Page 44 COmAANI DN FP WNK COmAAI DAN BPW NK NY wv re Oo 23 26 (2) (3) (4) Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 10 Reviews [s 60] severed from the Surat Basin rail corridor land on which it is situated or proposed to be situated. The regulation may state the day when the declared infrastructure is severed. On and after the day the declared infrastructure is severed, the declared infrastructure is taken to be, and must be dealt with as, personal property separate from the land. The severance of the declared infrastructure from land under this section— (a) does not affect the right of the declared infrastructure to be situated on the land; and (b) does not affect a person's rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and (c) does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and (d) is not a dutiable transaction under the Duties Act 2001. Part 10 Reviews 60 Internal review of decisions (1) A person whose interests are affected by a decision made by a (2) railway manager under section 35 or 50 may ask the Coordinator-General to review the decision. The Transport Planning and Coordination Act 1994, part 5, division 2 (the applied provisions) applies to the review as if— (a) areference to a transport Act in the applied provisions included a reference to this Act; and Page 45 Om ANIDN PW NK CO MAADN FPWN KO 232629 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 11 Legal proceedings [s 61] (b) a reference to the chief executive in the applied provisions were a reference to the Coordinator-General. 61 External review of decisions d) (2) (3) Part 11 If the reviewed decision is not the decision sought by the applicant for the review, the Coordinator-General must give the applicant an information notice for the reviewed decision. The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. In this section— information notice, means a written notice stating that the person may— (a) ask for the reviewed decision to be reviewed by QCAT; and (b) apply for the reviewed decision to be stayed under the QCAT Act. reviewed decision means the Coordinator-General's decision on a review under section 60. Legal proceedings Division 1 Evidence 62 No need to prove authority Page 46 In a proceeding for an offence against this Act, a person who is granted a works authority or investigation authority must be N OMANI ANH W Com AD NK W NRO Nw re oO 26 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 11 Legal proceedings [s 63] presumed to be an authorised person unless a party to the proceeding, by reasonable notice, requires proof of it. 63 Conduct of company directors, employees or agents d) (2) (3) (4) (5) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation about particular conduct, it is enough to show— (a) the conduct was engaged in by a representative of the corporation within the scope of the representative's actual or apparent authority; and (b) _ the representative had the state of mind. Conduct engaged in for a corporation by a representative of the corporation within the scope of the representative's actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes it took reasonable precautions and exercised appropriate diligence to avoid the conduct. If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of an individual about particular conduct, it is enough to show— (a) the conduct was engaged in by a representative of the individual within the scope of the representative's actual or apparent authority; and (b) _ the representative had the state of mind. Conduct engaged in for an individual by a representative of the individual within the scope of the representative's actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the individual unless the individual establishes the individual took reasonable precautions and exercised appropriate diligence to avoid the conduct. In this section— engaging in conduct includes failing to engage in conduct. Page 47 CMAN ANA W N SOMA ADNHWNK CO NNN WN N & WWNNNNYN rPOOmANAN WwW Ww N Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 11 Legal proceedings [s 64] representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual. state of mind of a person includes— (a) the person's knowledge, intention, opinion, belief or purpose; and (b) _ the person's reasons for the intention, opinion, belief or purpose. 64 Other evidentiary aids A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant's knowledge. Division 2 Offence proceedings 65 Summary offences An offence against this Act is a summary offence. 66 Limitation on time for starting proceeding for summary Page 48 offence A summary proceeding under the Justices Act 1886 for a summary offence must start within the later of the following periods to end— (a) 1 year after the commission of the offence; or (b) 6 months after the offence comes to the complainant's knowledge, but within 2 years after the commission of the offence. Be en aur wh nNRWN 2226 Part 12 Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 12 Miscellaneous provisions [s 67] Miscellaneous provisions 67 Recovery of cost of damage d) (2) (3) (4) (5) (6) This section applies if a person intentionally, recklessly or negligently damages railway works on the railway. The person is liable to pay the relevant person for the railway works the cost of repairing the damage. However, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator's knowledge or permission. Subsections (2) and (3) apply, whether or not the damage establishes, or relates to, an offence against this Act. However, if— (a) acourt finds a person guilty of an offence against this Act; and (b) in committing the offence, the person damaged works; the court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. In this section— registered operator means the person in whose name the vehicle is registered. relevant person, for railway works, means— (a) if the railway works are or were carried out by or for a railway manager—the railway manager; or (b) | otherwise—the Coordinator-General. repairing includes replacing and reconstructing. Page 49 OmAAN AN PW WV Com AN AN FSF WN KO N So NWN ye N w Nw ns N WN NA Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 12 Miscellaneous provisions [s 68] 68 Amounts payable to Coordinator-General are debts owing to the State An amount payable by a person to the Coordinator-General under this Act is a debt owing to the State. 69 Disposal of fees, penalties and other amounts All fees, penalties and other amounts received or recovered under this Act are to be paid to the consolidated fund. 70 Delegations (1) The Coordinator-General may delegate his or her functions under this Act to— (a) (b) (c) a person appointed or employed under the State Development and Public Works Organisation Act 1971, section 5, 7A, 14 or 15; or an appropriately qualified public service employee; or an appropriately qualified employee of a local body. (2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate for the functions. function includes power. local body means— (a) (b) (c) (d) Page 50 a government owned corporation; or a statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982; or another body established under an Act; or a corporation whose shares are wholly owned by— (i) the State; or (ii) the State and 1 or more local governments; or (iii) 1 or more local governments; or BW NR WN NO COON DN fF WNKY CO NY wv re Oo NN WN NY NYY VY WN orntnn Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Part 12 Miscellaneous provisions [s 71] (e) a corporation whose shares are entirely owned by a corporation of the type mentioned in paragraph (d). 71 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may provide— (a) for fees payable under this Act and the matters for which they are payable; and (b) for a maximum penalty of 20 penalty units for contravention of a regulation. Page 51 Ne FO WwWOHN A Nf WwW Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Schedule Schedule Dictionary Page 52 section 4 accredited rail infrastructure manager means a rail infrastructure manager under the Transport (Rail Safety) Act 2010 who is accredited under that Act. appropriate register means— (a) for freehold land—the freehold land register; or (b) for other land—the appropriate register for the land under the Land Act 1994. associated person, of the Coordinator-General or an authorised person, see section 10. authorised person see section 10. carry out, for railway works, means do anything on land that is reasonably necessary or desirable for the works, including, for example, temporarily occupy or use the land. Coordinator-General means the Coordinator-General under the State Development and Public Works Organisation Act 1971. employee, of a railway manager or railway operator, means— (a) an employee of, or a contractor for, the railway manager or railway operator; or (b) an employee of a contractor mentioned in paragraph (a); or (c) an individual who performs work for the railway manager or railway operator without payment, while the individual is performing that work. Example for paragraph (c)— An individual does work as a volunteer for an organisation of which the individual is a member. The organisation is a railway manager. The volunteer is an employee of the railway manager while the volunteer is performing work for the manager. COA ND UNPW CO AND NSW NY KF CO Nw i) NN WN NNW Nuns N — WWNN POO; Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Schedule investigation authority see section 15(1)(a). land includes— a reserve within the meaning of the Land Act 1994 ora road; and land within the beds or banks of a watercourse or inundated land; and the airspace above, and the land below, the surface. maintain includes repair. maintenance includes— (a) (b) (c) (d) (e) (f) (g) (h) rehabilitation; and replacement; and repair; and recurrent servicing; and preventive and remedial action; and removal; and alteration; and maintaining systems and services for rail transport infrastructure. occupier, of land, means— (a) (b) and, the person in actual occupation of the land; or if there is no person in actual occupation—the person entitled to possession of the land; for a watercourse or reserve, includes the person responsible for the care and management of the watercourse or reserve. on, the railway, road or other land, includes over or under the railway, road or land. owner, of land, includes— (a) the person who has lawful control of the land, on trust or otherwise; and Page 53 oO mnN DN FW NY COC PONI DN FW N KF CO N Co NWN ye NbNwN Nn & LW Nw NO N oo WN ow Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Schedule Page 54 (b) _ the person who is entitled to receive the rents and profits of the land. rail transport infrastructure means facilities necessary for operating the railway, including— (a) railway track and works built for the railway, including any of the following— * cuttings ¢ drainage works * excavations e land fill ° track support earthworks; and (b) any of the following things that are associated with the railway's operation— * bridges * communication systems ¢ machinery and other equipment ¢ marshalling yards * notice boards, notice markers and signs ° overhead electrical power supply systems * over-track structures ¢ platforms * power and communication cables * service roads ¢ signalling facilities and equipment * stations ° survey stations, pegs and marks * train operation control facilities ° tunnels . under-track structures; and oO mnN DN FW NK oOo mnN DWN FB WN KF CO NY vynrynvypynvnnnnw wp oOo mArNI DN BW ND KF CO Surat Basin Rail (Infrastructure Development and Management) Bill 2012 (c) (d) Schedule pedestrian facilities, including footpath paving, for the railway; and any of the following— Gi) freight centres or depots; or (ii) maintenance depots; or (iii) office buildings or housing; or (iv) rolling stock or other vehicles that operate on the railway; or (v) workshops; or (vi) any railway track, works or other thing that is part of anything mentioned in paragraphs (i) to (v). railway see section 5. railway crossing means a level crossing, bridge or other structure used to cross over or under the railway. railway lease means a lease— (a) (b) (c) that is granted over the Surat Basin rail corridor land or a part of the land; and that is primarily for the purpose of constructing or operating the railway; and for which the lessor is— (i) | the Coordinator-General; or (ii) the State. railway lessee means the lessee of a railway lease. railway licence means a licence— (a) (b) that is granted by the Coordinator-General or the State in relation to the use of the Surat Basin rail corridor land or a part of the land; and that is primarily for the purpose of constructing the railway. railway licensee means the licensee under a railway licence. Page 55 CON DUN FW NK Com AND NWN BPW NY KO NY NYY WY FwWN FF Oo Nowy NAAN NW on Ww Co Surat Basin Rail (Infrastructure Development and Management) Bill 2012 Schedule Page 56 railway manager means a person who is an accredited rail infrastructure manager for railway operations relating to the railway. railway operations see under the Transport (Rail Safety) Act 2010, section 9. railway operator means a person who operates rolling stock on the railway. railway works see section 6. registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land. road see the Transport Infrastructure Act 1994, schedule 6, definition road, paragraphs (c), (ca) and (d). rolling stock means a vehicle, including, for example, a train, that operates on the railway and is used, or is proposed to be used, for either— (a) transporting freight on the railway; or (b) maintenance work, or other work, associated with the railway. Surat Basin rail corridor land see section 7. vehicle includes any type of transport that moves on wheels and a hovercraft but does not include a train or tram. watercourse includes a lake, spring, stream or swale. works includes activities. works authority see section 14(1)(a). © State of Queensland 2012 oO ANID NH WNK Com NA DANK WN KO N Co NWN ye NN N mn BR w&