Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 (Tas)

Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016

An Act to enable areas of land that have been used for the purposes of rail transport to be reserved for future strategic use (including use for the purposes of rail transport) and, in certain cases, to be used for designated recreational uses, and for related purposes [Royal Assent 21 December 2016]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – adjoining land, in relation to a corridor, means land that adjoins the corridor; adjoining landholder means an owner, or occupier, of adjoining land; business licence means a business licence granted in accordance with section 23 ; business permission means a business permission granted under section 45 ; corridor means a strategic infrastructure corridor; corridor authorisation means – (a) a use permission; and (b) a service infrastructure permission; and (c) a business permission; and (d) a private road construction permission; and (e) a private road use permission; and (f) a permit granted under the regulations; corridor crossing means a place where a public road or a private road intersects with a corridor; corridor development plan, in relation to a corridor, means a corridor development plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor management plan, in relation to a corridor, means a corridor management plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor (other matters) plan, in relation to a corridor, means a corridor (other matters) plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor manager, in relation to a corridor, means the person who is appointed under section 29 to be the corridor manager in relation to the corridor; corridor notice means a notice that is in force under section 6(1) , as the notice is amended if at all, under section 7 ; corridor plan, in relation to a corridor, means – (a) a corridor development plan in relation to the corridor; and (b) a corridor management plan in relation to the corridor; and (c) a vegetation management plan in relation to the corridor; and (d) a corridor (other matters) plan in relation to the corridor; corridor safety and use objectives, in relation to a corridor, means – (a) the safety of persons on the corridor; and (b) the use of the corridor for a designated recreational use, if any; and (c) the potential use in future of the corridor for any reserved purpose; CPR plan means a plan within the Central Plan Register; Crown land has the same meaning as in the Crown Lands Act 1976 ; designated recreational use, in relation to a corridor – see section 30 ; emergency includes, but is not limited to including, an imminent threat to the corridor safety and use objectives, whether the threat arises from natural or man-made causes; emergency works means works to deal with an emergency; licence means a licence granted in accordance with section 21 ; limitation, in relation to land – (a) means any trust, reservation, restriction, exception, encumbrance, limitation, estate, or interest, in or in relation to the land, however created or imposed, including by virtue of a sealed plan within the meaning of section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and (b) includes any highway, right of way and footpath and any road reserve, or other reserve, under an Act; managing authority, in relation to a corridor, means the managing authority, in relation to the corridor, under section 25 ; owner, in relation to land, means any one or more of the following: (a) in the case of a fee simple estate in the land – the person in whom the estate is vested; (b) in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage – the person for the time being holding the equity of redemption in that mortgage; (c) in the case of land held under a tenancy for life – the person who is the life tenant; (d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than another prescribed period – the person who is the lessee of the land; (e) in the case of land in respect of which a person has a prescribed interest – the person with the prescribed interest; (f) in the case of land that has not been alienated from the Crown – the Minister, authority, or other person, responsible for managing the land; planning scheme has the same meaning as it has in the Land Use Planning and Approvals Act 1993 ; preserved limitation means a limitation that is declared a preserved limitation under section 13 ; preserved right means a right that is declared a preserved right under section 13 ; private road means a road (other than a public road), a lane, a path, or a stock crossing, that crosses a corridor; private road construction permission means a private road construction permission, granted under section 87 , that is in force; private road use permission means a private road use permission, granted under section 82 , that is in force; protective protocol means a protocol, standard or restriction, in relation to the use of land, that is issued by a statutory authority and includes, but is not limited to including, such a protocol, standard or restriction in relation to any of the following: (a) an agricultural or industrial research or development project; (b) air, soil or water quality; (c) biological control; (d) crop security; (e) food standards or hygiene; (f) occupational health and safety; (g) plant or animal quarantine; (h) product processing; (i) waste treatment; public road means any road – (a) open to or used by the public; or (b) to which the public have, or are authorised to have, access – whether on payment of fee or otherwise; rail infrastructure has the same meaning as it has in the Rail Infrastructure Act 2007 ; railway track means any combination of rails, rail connectors, sleepers, ballast, points and crossings, or, if installed, substitute devices, that are situated on a corridor; recreational purposes means for the purpose of – (a) use by walkers or runners; or (b) use by horse riders; or (c) use by persons riding bicycles, including power-assisted bicycles; or (d) use for a prescribed recreational activity; Register means the register of title kept under section 33 of the Land Titles Act 1980 ; reserve management plan, in relation to a corridor, means a reserve management plan, declared under section 61(4)(b) in relation to the corridor, that is in force; reserved purpose has the meaning it has in section 4 ; responsible manager, in relation to a corridor, means – (a) the corridor manager in relation to the corridor; or (b) if there is no corridor manager in relation to the corridor – the managing authority in relation to the corridor; right includes – (a) a right, interest, power, remedy, discretion and authority; and (b) any right of access, including railway access; and (c) a right related to any highway, right of way or footpath or to a road reserve, or other reserve, under an Act; routine works means works, or improvements, in relation to a corridor, that consist of – (a) repairs or maintenance of structures and facilities; or (b) minor works, or improvements, that are necessary to keep the corridor in good order; or (c) the erection of signs, or other structures, to provide information to the public relating to the corridor safety and use objectives; or (d) the erection, repair or maintenance of any fencing – but does not include emergency works; Secretary means the Secretary of the Department; service infrastructure permission means a service infrastructure permission, granted under section 73(1) , that is in force; statutory authority means – (a) an incorporated body, or an unincorporated body, that – (i) is established, constituted or continued by or under an Act or under the royal prerogative; and (ii) is a body which, or of which the governing body, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; and (b) a Minister or a person who is appointed to an office under an Act; strategic infrastructure corridor – (a) means an area of land that is declared by a corridor notice to be a strategic infrastructure corridor; and (b) includes any area of land that is included in the corridor by an alteration under section 7 of the area of land that is within a corridor – but does not include any area of land that is excluded from the corridor by an alteration under section 7 of the area of land that is within the corridor; substantial fixed infrastructure means – (a) a tunnel; and (b) a bridge; and (c) a structure, or a member of a class of structures, which structure or class is declared under subsection (2) to be substantial fixed infrastructure – but does not include a tunnel, a bridge, a structure, or a member of a class of structures that is a tunnel, bridge, structure, or a member of a class of structures, that is declared under subsection (2) to not be substantial fixed infrastructure; use permission means a use permission, granted under section 53 , that is in force; vegetation management plan, in relation to a corridor, means a vegetation management plan, declared under section 62(6)(b) in relation to the corridor, that is in force. (2) The Minister, by notice, may – (a) declare to be substantial fixed infrastructure a structure, or members of a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor; or (b) declare a bridge, a tunnel, a structure, or a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor, to not be substantial fixed infrastructure. (3) A notice under subsection (2) – (a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and (b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . (4) A reference in this Act – (a) to a corridor includes a reference to a part of a corridor; and (b) to a corridor, in relation to a corridor manager, the managing authority, or a responsible manager, is to be taken to be a reference to any part of a corridor and to the corridor manager, the managing authority, or the responsible manager, in relation to the part of the corridor. (5) A reference in this Act to a function or power, by or under this Act, of a managing authority or a corridor manager includes a function or power conferred or imposed on the authority or manager by virtue of being a responsible manager.