Railways (Operations and Access) Act 1997 (SA)

South Australia Railways (Operations and Access) Act 1997 An Act to provide for the operation of railways and access to railway services on fair commercial terms; and for other purposes.

Contents Part 1—Preliminary Division 1—Formal provisions 1 Short title Division 2—Objects 3 Objects Division 3—Interpretation 4 Interpretation 5 Joint ventures Division 4—Application of this Act 6 Application to railways 7 Application of access regime 7A Review and expiry of access regime Division 5—Crown to be bound 8 Crown to be bound Division 6—Regulator 9 Regulator 9A Regulator to report to Minister Part 2—Construction and operation of railways Division 1—Acquisition of land 10 Land acquisition Division 2—Fixed railway infrastructure 11 Fixed infrastructure may be dealt with as personal property Division 3—Operations over roads 12 Rights in relation to roads 13 Maintenance 13A Power to close roads temporarily 13B Immunity Division 4—Reports 14 Special reports Division 5—Rail corridors 15 Rail corridor need not be fenced 16 Exemption from rates and taxes Division 6—Exclusion of law of common carriers 17 Industry participant not to be common carrier Division 7—Liquor and gambling 18 Ministerial authorisation to sell liquor 19 Ministerial authorisation to provide gambling facilities Division 8—By-laws 20 By-laws Part 3—Conduct of operator's business Division 1—General rules for conduct of business 22 Segregation of accounts and records 23 Unfair discrimination 24 Preventing or hindering access to railway services 25 Report to Minister Division 2—Appointment of administrator 26 Appointment of administrator Part 4—Pricing principles and information relevant to access Division 1—Pricing principles 27 Pricing principles Division 2—Information about access 28 Information brochure 29 Operator's obligation to provide information about access 30 Information to be provided on non-discriminatory basis Part 5—Negotiation of access 31 Access proposal 32 Duty to negotiate in good faith 33 Limitation on operator's right to contract to provide access Part 5A—Confidential information 33A Confidential information Part 6—Arbitration of access disputes Division 1—Access disputes and requests for arbitration 34 Access dispute 35 Request for reference of dispute to arbitration Division 2—Conciliation and reference to arbitration 36 Conciliation and reference to arbitration 37 Appointment of arbitrator Division 3—Principles of arbitration 38 Principles to be taken into account Division 4—Parties to arbitration 39 Parties to arbitration 40 Representation 41 Minister's right to participate Division 5—Conduct of arbitration proceedings 42 Arbitrator's duty to act expeditiously 43 Hearing to be in private 44 Procedure on arbitration 45 Procedural powers of arbitrator 46 Giving of relevant documents to the arbitrator 47 Power to obtain information and documents 48 Confidentiality of information Division 6—Early termination of arbitration 49 Termination of arbitration in cases of triviality etc 50 Proponent's right to terminate arbitration Division 7—Awards 50A Time limit for arbitration 51 Awards 52 Restrictions on awards 53 Consent awards Division 8—Withdrawal from award 54 Proponent's option to withdraw from award Division 9—Variation or revocation of awards 55 Variation or revocation of award Division 10—Miscellaneous 56 Appeal on question of law 57 Costs 58 Removal and replacement of arbitrator 59 Non-application of Commercial Arbitration Act 1986 Part 7—Monitoring powers 60 Regulator's power to monitor costs 61 Copies of access contracts to be supplied to regulator 62 Operator's duty to supply information and documents 63 Confidentiality 64 Duty to report to the Minister Part 8—Enforcement of this Act 65 Injunctive remedies 66 Compensation 67 Enforcement of arbitrator's requirements Part 9—Regulations and proclamations 68 Regulations and proclamations Schedule 1—Transitional provision 1 Transitional provision Legislative history