Rail Infrastructure Act 2007 (Tas)

Rail Infrastructure Act 2007

An Act to provide for and facilitate the operation of the State's major rail network including its attendant land and infrastructure consequent on its reversion to State control and for related purposes [Royal Assent 28 September 2007]

Be it enacted by His 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 Rail Infrastructure Act 2007 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – access, land, means enter and cross over the land or enter and remain on the land; adjoining land means land adjoining the rail network; adjoining landholder means the owner or occupier of adjoining land; administrative costs includes assessment, supervision and inspection costs; carry out includes cause to be carried out; commencement day means the day proclaimed under section 2 ; deal, with a railway emergency, includes – (a) assess, avert and lessen the railway emergency; and (b) take any necessary or incidental remedial or follow-up action; emergency railway works means railway works to deal with a railway emergency; maintain, the rail network, includes – (a) repair the rail network; and (b) modify the rail network; and (c) upgrade the rail network; and (d) any dismantling or replacement of infrastructure carried out in connection with such a repair, modification or upgrade; notice means notice in writing; occupier, of land, means a person who has, or is entitled to, possession or control of the land; owner, of land, means any one or more of the following: (a) in the case of a fee simple estate in land, the person in whom that 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 such other 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; person includes a body of any kind; protective protocol means a lawful land use protocol, standard or restriction relating, but not limited, to 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; rail infrastructure or infrastructure includes – (a) rail lines and fastenings; and (b) crossing loops, sidings, switches and points; and (c) sleepers and ballast; and (d) drains and culverts; and (e) bridges, cuttings, tunnels and embankments; and (f) poles and pylons; and (g) structures and supports; and (h) overhead lines; and (i) platforms and railway stations; and (j) rail yards; and (k) freight sheds, workshops and associated buildings; and (l) electrical substations; and (m) signs and signalling equipment; and (n) train control and communication systems; and (o) traffic control devices that are capable of being automatically activated by trains; and (p) plant, machinery and other fixed equipment; Rail Infrastructure Manager – see section 8 ; Rail Infrastructure Owner – see section 7 ; rail network – see section 4 ; railway – see subsection (2) ; railway crossing means a level crossing or other place where a road and railway track intersect; railway emergency includes, but is not limited to – (a) an imminent threat to the safety or operability of the rail network arising from natural or artificial causes; and (b) a notifiable occurrence within the meaning of the Rail Safety National Law (Tasmania) Act 2012 ; railway employee means an employee or contractor of a railway entity; railway entity means the Rail Infrastructure Owner, a Rail Infrastructure Manager or a Rolling Stock Operator; railway operations means either or both of the following: (a) operating trains; (b) carrying out activities connected with the operation of trains; railway works means works to maintain or extend the rail network; recover, a debt, means recover the debt in a court of competent jurisdiction; responsible Rail Infrastructure Manager, in respect of any power, function, obligation, liability or other matter, means – (a) if there is a Rail Infrastructure Manager for the entire rail network, the Rail Infrastructure Manager; or (b) if there is a Rail Infrastructure Manager for the part of the rail network to which the power, function, obligation, liability or other matter relates, that Rail Infrastructure Manager; restricted Rail Infrastructure Manager – see section 8 ; road means any kind of road, street, lane, path or stock crossing; Rolling Stock Operator – see section 9 ; routine railway works means railway works other than emergency railway works; standards means any State, national or international standards, codes or guidelines relating to railway operations or to railways or their management; track means the combination of rails, rail connectors, sleepers, ballast, points and crossings (or substitute devices if used); train has the same meaning as in the Rail Safety National Law (Tasmania) Act 2012 . (2) In this Act, unless the contrary intention appears, a reference to a railway is taken to be a reference to the track of the railway, the land corridor along which the track of the railway is laid and all of the attendant rail infrastructure. (3) To avoid doubt, land is not taken to be adjoining land for the purposes of this Act unless, fences, ditches or other artificial barriers notwithstanding, the land is in fact contiguous to the rail network. (4) A note in the text of this Act does not form part of this Act.