{"id":"australasia-railway-special-provisions-act-1999","name":"Australasia Railway (Special Provisions) Act 1999","slug":"australasia-railway-special-provisions-act-1999","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29867,"registerId":"nt-australasia-railway-special-provisions-act-1999-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australasia Railway (Special Provisions) Act 1999","content":"NORTHERN TERRITORY OF AUSTRALIA\nAUSTRALASIA RAILWAY (SPECIAL PROVISIONS) ACT 1999\nAs in force at 1 July 2024\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Sunset provision .............................................................................. 1\n4 Act binds Crown .............................................................................. 1\n5 Interpretation ................................................................................... 1\n5A Concession Deed: authorisation of implementation and\nenforcement..................................................................................... 3\n5AA Specific performance against Territory ............................................ 3\n5C Existing rights and interests in land modified ................................... 4\n6 Applications relating to railway to be given priority .......................... 4\n7 Fixed railway infrastructure .............................................................. 4\n8 Development provisions for corridor ................................................ 4\n8A Lease of Darwin Port Corporation land to consortium not a\nsubdivision ....................................................................................... 6\n9 Building approvals for existing structures ........................................ 6\n9A Certain building and planning restrictions not to apply .................... 7\n9B Building controls not to apply to certain structures .......................... 7\n10 Revocation of reservations of Crown land ....................................... 7\n10A Relief against forfeiture of leases .................................................... 8\n10AA Power of Crown Lands Minister to enter agreements about\ntermination or forfeiture of leases .................................................. 12\n10B Certain provisions of Law of Property Act 2000 not to apply ......... 12\n10C Sub-letting of pastoral lease .......................................................... 13\n11 Closure of roads ............................................................................ 13\n11A Temporary closure of roads ........................................................... 14\n11B Modification of section 59 of Control of Roads Act 1953 for\nsleeper plants ................................................................................ 15\n11C Granting of rights over roads ......................................................... 15\n12 Road crossings .............................................................................. 15\n12A Waterway crossings ...................................................................... 16\n13 Revocation of national parks, reserves etc. ................................... 17\n14 Easements in favour of PowerWater ............................................. 18\n14A Access easements in favour of private landholders....................... 19\n15 Corridor general reserved land ...................................................... 20\n16 Consortium may mine extractive minerals on corridor general\nreserved land ................................................................................. 20\n16A Consent required for access over corridor to mineral interest\narea ............................................................................................... 21\n16B Access to petroleum permit or licence area over corridor only\nwith consent................................................................................... 22\n16C Access not to interfere with railway ............................................... 23\n\nAustralAsia Railway (Special Provisions) Act 1999 ii\n16D Entry on land not to interfere with railway ...................................... 23\n17 Authority to construct railway on mineral interest area .................. 23\n17A Activities under mineral interest not to interfere with railway ......... 24\n17B Activities on petroleum permit or licence area not to interfere\nwith railway .................................................................................... 24\n17C Mineral royalties ............................................................................ 24\n18 Corridor need not be fenced .......................................................... 24\n18A Places and objects to which Heritage Conservation Act 1991\napplies ........................................................................................... 24\n18B Amalgamation etc. of Authority Certificates ................................... 25\n19 Workmen's Liens Act 1893 does not operate during\nconstruction ................................................................................... 26\n19A Acquisition on just terms ................................................................ 27\n19B Proceedings involving Crown ........................................................ 27\n20 Regulations.................................................................................... 28\n21 Protocols........................................................................................ 29\n22 Transitional matters for Mineral Titles Act 2010............................. 29\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nAUSTRALASIA RAILWAY (SPECIAL PROVISIONS) ACT 1999\nAn Act to make provision in connection with the railway from Tarcoola\nto Darwin and for related purposes\n1 Short title\nThis Act may be cited as the AustralAsia Railway (Special\nProvisions) Act 1999.\n2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n3 Sunset provision\nWhere a regulation declares that section 6, 16 or 19 ceases to\noperate on and after a specified date, being a date not earlier than\nthe date on which the regulation is notified in the Gazette, the\nsection ceases to operate on and after that date.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\n5 Interpretation\n(1) In this Act, unless the contrary intention appears:\nadditional land means land in relation to which section 8 of this Act\nis declared under section 8(7) to apply.\nConcession Deed means the Concession Deed in respect of the\nconstruction, operation and maintenance of the railway entered into\nby South Australia, the Territory, the Corporation and the\nconsortium as amended and in force from time to time.\n\nAustralAsia Railway (Special Provisions) Act 1999 2\nconsortium means the person or group of persons responsible for\nconstructing and operating the railway and includes:\n(a) if the consortium is a person – the successors and assignees\nof the person;\n(b) if the consortium is a group of persons – a member of the\ngroup and the successors and assignees of the group and of a\nmember of the group; and\n(c) a contractor or other person acting for or on behalf of the\nconsortium or a member of the consortium in connection with\nthe construction or operation of the railway or both.\nCorporation means The AustralAsia Railway Corporation\nestablished by section 4 of the AustralAsia Railway Corporation\nAct 1996.\ncorridor means the land leased by the Territory or another person\nto the Corporation for the construction, operation and maintenance\nof the railway from Tarcoola in South Australia to Darwin in the\nTerritory.\ncorridor general reserved land, see section 15(1).\nfixed railway infrastructure, in relation to the railway, means:\n(a) railway track; or\n(b) buildings, installations or equipment for:\n(i) the operation and use of railway track;\n(ii) the embarkation and disembarkation of passengers; or\n(iii) the loading and unloading of goods.\nmineral interest means one of the following:\n(a) a mineral title mentioned in section 11(1) of the Mineral Titles\nAct 2010;\n(b) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010.\nmineral interest area means the area of land to which a mineral\ninterest relates.\n\nAustralAsia Railway (Special Provisions) Act 1999 3\nrailway means the railway from Tarcoola to Darwin and associated\nfacilities, plant and equipment, rolling stock and all other assets\nrequired for the operation of the railway and includes the rights to\nuse the corridor.\nroad has the same meaning as in the Control of Roads Act 1953.\nsurvey plan means a plan of a land boundary survey approved by\nthe Surveyor-General under section 49 of the Licensed Surveyors\nAct 1983.\n(2) Subject to subsection (1), where a word used in a section of this Act\nis defined in an Act referred to in the section, the word has the\nsame meaning in that section as it has in the Act so referred to.\n(3) A section of this Act (which includes the definitions incorporated\ninto the section under subsection (1)) that refers to another Act is\nincorporated into and is to be read as one with the other Act.\n5A Concession Deed: authorisation of implementation and\nenforcement\n(1) The implementation of the Concession Deed is authorised.\n(2) Despite any Act or other law in force in the Territory to the contrary,\nan order for specific performance may be made and enforced\nagainst the Territory or the Corporation in respect of its obligations\nunder the Concession Deed or any other agreement, contract, deed\nor other arrangement entered into for a purpose connected with the\nconstruction, operation or maintenance of the railway in the same\ncircumstances and on the same conditions as an order for specific\nperformance could be ordered and enforced against a subject of\nthe Crown.\n(3) For the purposes of the law of the Territory, the conferral of rights\non the consortium by the Concession Deed is not to be taken to be\na grant of a monopoly.\n5AA Specific performance against Territory\nDespite any Act or other law in force in the Territory to the contrary,\nan order for specific performance may be made and enforced\nagainst the Territory in respect of its obligations under an\nagreement, contract, deed or other arrangement entered into for a\npurpose connected with the construction, operation or maintenance\nof the railway in the same circumstances and on the same\nconditions as an order for specific performance could be ordered\nand enforced against a subject of the Crown.\n\nAustralAsia Railway (Special Provisions) Act 1999 4\n5C Existing rights and interests in land modified\n(1) Subject to sections 13(3), 14, 14A and 17A, a right or interest in or\nin relation to land forming part of the corridor that existed\nimmediately before the commencement of this section is modified in\nthe manner, and to the extent, necessary to enable the consortium\nto construct, operate and maintain the railway.\n(2) Subject to section 17A, a right or interest under the Mineral Titles\nAct 2010 in relation to land forming part of the corridor is modified in\nthe manner, and to the extent, necessary to enable the consortium\nto construct, operate and maintain the railway.\n(3) For subsection (2), a right or interest includes a right to enter land,\ndo work, and have access to a mineral title area, as mentioned in\nsection 83 of the Mineral Titles Act 2010.\n(4) This section does not apply to a right or interest granted to the\nCorporation or consortium.\n6 Applications relating to railway to be given priority\nEach minister, statutory corporation and local government council\nmust ensure that:\n(a) in the case of a minister – the minister and officers in the\ndepartments administered by the minister; and\n(b) in the case of a statutory corporation or local government\ncouncil – the corporation or council and officers employed by\nit,\ngive priority to considering applications by the consortium in\nconnection with the construction or operation of the railway or both.\n7 Fixed railway infrastructure\nDespite any other law of the Territory, fixed railway infrastructure\ndoes not merge with the land to which it is affixed and may be dealt\nwith and disposed of as personal property.\n8 Development provisions for corridor\n(1) The Planning Scheme under the Planning Act 1999 is to be taken\nto include development provisions applying to the corridor and\nadditional land and, subject to this section, the Planning Act 1999\n(except Part 6) applies accordingly.\n(2) The Planning Minister is the consent authority for the corridor and\nadditional land.\n\nAustralAsia Railway (Special Provisions) Act 1999 5\n(3) The development provisions under subsection (1) allow the use and\ndevelopment of the corridor and additional land for the purposes of\nconstruction, operation and maintenance of the following without\nthe consent of the consent authority:\n(a) railway track;\n(b) bridges, tunnels, earthworks and other structures to support\nrailway track;\n(c) drainage works;\n(ca) turkeynest dams;\n(cb) water extraction facilities;\n(d) signalling and other communication systems;\n(e) power lines;\n(f) airstrips;\n(g) construction camps but only during the construction of the\nrailway;\n(h) temporary office and residential accommodation but only\nduring the construction of the railway.\n(4) The development provisions under subsection (1) allow any other\nuse or development of the corridor or additional land only with the\nconsent of the consent authority, including the construction,\noperation and maintenance of the following:\n(a) railway sleeper manufacturing plants;\n(b) facilities for the embarkation and disembarkation of\npassengers;\n(c) facilities for the loading and unloading or storage of goods;\n(d) facilities for maintaining rolling stock;\n(e) facilities for the control of trains;\n(f) construction camps to which subsection (3)(g) does not apply;\n(g) office and residential accommodation to which\nsubsection (3)(h) does not apply.\n\nAustralAsia Railway (Special Provisions) Act 1999 6\n(5) Division 2 of Part 5 of the Planning Act 1999 does not apply in\nrelation to a development application in respect of the corridor or\nadditional land unless the Planning Minister determines that, in the\ncircumstances of the particular application, it is appropriate for that\nDivision to apply.\n(6) Despite any development provisions in force under the Planning\nAct 1999 immediately before the commencement of this section,\nthe use, operation and maintenance of the railway (including fixed\nrailway infrastructure and other buildings or structures in existence,\nand works being carried out, immediately before the\ncommencement of this section) are to be taken to be existing uses\nof and works in relation to the corridor under Part 4 of the Planning\nAct 1999.\n(7) The Planning Minister may, by notice in the Gazette, declare that\nthis section applies in relation to land additional to the corridor that\nis specified in the notice.\n(8) Neither a declaration under subsection (7) nor anything done in\nrelation to land the subject of a declaration under subsection (7)\ncreates, or has the effect of creating, a subdivision within the\nmeaning of the Planning Act 1999.\n(9) The development provisions under subsection (1) prevail over any\nother development or other provision under the Planning Scheme\nor a provision of the Planning Act 1999, whether the provision was\nin force before or after the commencement of this section.\n(10) In this section, Planning Minister means the Minister for the time\nbeing administering the Planning Act 1999.\n8A Lease of Darwin Port Corporation land to consortium not a\nsubdivision\nDespite section 5 of the Planning Act 1999, a lease granted by the\nDarwin Port Corporation to the consortium for the purposes of the\nrailway is not a subdivision for the purposes of that Act.\n9 Building approvals for existing structures\n(1) Fixed railway infrastructure and any other buildings or structures\nexisting in the corridor immediately before the commencement of\nthis section (existing structures) are to be taken to comply:\n(a) in the case of existing structures in relation to which the former\nBuilding Act applies by virtue of section 170 of the current\nBuilding Act – with the requirements of the former Building\nAct; and\n\nAustralAsia Railway (Special Provisions) Act 1999 7\n(b) in the case of existing structures in relation to which the\ncurrent Building Act applies – with the requirements of the\ncurrent Building Act,\nand all relevant approvals, consents, permits, reports and other\nthings required by or under the former Building Act or the current\nBuilding Act (as the case requires) are to be taken to have been\nissued or obtained in respect of those existing structures.\n(2) In subsection (1):\ncurrent Building Act means the Building Act 1993 as in force\nimmediately before the commencement of this section.\nformer Building Act means the Building Act 1993 as in force\nimmediately before 1 September 1993.\n9A Certain building and planning restrictions not to apply\nA provision of the Planning Act 1999 or Building Act 1993, or of an\ninstrument of a legislative or administrative character made under\nthose Act, that relates to the siting of buildings, plot ratios or to\nbuildings constructed across lot boundaries does not apply to the\ncorridor or to additional land.\n9B Building controls not to apply to certain structures\n(1) Despite section 6(2) of the Building Act 1993, Parts 4 to 13\n(inclusive) of that Act do not apply in relation to a structure referred\nto in section 8(3)(a) to (f) (inclusive) wherever in the Territory the\nstructure is situated.\n(2) To avoid doubt, in accordance with section 6(2) of the Building\nAct 1993, Parts 4 to 13 (inclusive) of that Act apply in relation to a\nstructure referred to in section 8(3)(g) or (h) or 8(4)(a) to (g)\n(inclusive) that is situated in a part of the Territory in respect of\nwhich a declaration under section 6(2) of the Building Act 1993 is in\nforce.\n10 Revocation of reservations of Crown land\n(1) The Minister may, by notice in the Gazette, declare that any\nreservation under section 76 of the Crown Lands Act 1992\nextending over any part of the land described in the notice (being\nland in or to be included in the corridor) is, to that extent, revoked.\n(2) A declaration under subsection (1) has effect according to its tenor\nand despite the provisions of the Crown Lands Act 1992 relating to\nthe revocation of reservations.\n\nAustralAsia Railway (Special Provisions) Act 1999 8\n10A Relief against forfeiture of leases\n(1) In relation to a registered lease:\n(a) sections 136 to 140 (inclusive) of the Law of Property\nAct 2000 (Act No. 1 of 2000) apply subject to the modifications\nthat:\n(i) may be made to, or that may apply in relation to, those\nprovisions by virtue of this section; or\n(ii) may be made by regulation; and\n(b) the provisions of the Crown Lands Act 1992 relating to\nforfeiture of leases and Part 13, Division 2 of the Business\nTenancies (Fair Dealings) Act 2003 do not apply.\n(2) Relief against forfeiture of a lease (whether under section 138\nor 139 of the applied provisions or any other law of the Territory,\nincluding the common law and the law of equity) is not available if\nthe lease is being terminated as a consequence of the lawful\ntermination of the Concession Deed.\n(3) On an application for relief against forfeiture of a registered lease\nunder section 138 of the applied provisions, subject to\nsubsections (2) and (11), the Supreme Court must grant the relief\nunless the Court is satisfied:\n(a) that there has been a material breach of the lease;\n(b) that written notice of the breach has been given to the lessee,\nany sublessee under a registered sublease and the holder of\nany registered security over the lease or any registered\nsublease requiring:\n(i) in the case of a remediable breach, including a breach\nfor non-payment of rent – the breach to be remedied;\n(ii) in the case of a non-remediable breach – the payment of\nreasonable compensation; or\n(iii) in the case of a breach which is partly remediable and\npartly non-remediable – the breach to be remedied to\nthe extent that it is capable of remedy and otherwise the\npayment of reasonable compensation;\n(c) that a reasonable period of time to comply with the\nrequirements set out in the notice under paragraph (b) has\nbeen given;\n\nAustralAsia Railway (Special Provisions) Act 1999 9\n(d) in the case of a breach which is remediable or partly\nremediable – that the breach has not been remedied and none\nof the lessee, any sublessee under a registered sublease or\nthe holder of any registered security over the lease or any\nregistered sublease is diligently pursuing the remedy of the\nbreach or that part of the breach that is remediable; and\n(e) in the case of a breach which is non-remediable or partly\nnon-remediable – that reasonable compensation has not been\npaid.\n(4) If a lessee under a registered lease is not entitled to relief under\nsubsection (3), subject to subsection (2), the Supreme Court may\ngrant the lessee relief in accordance with section 138(2) and (3) of\nthe applied provisions.\n(5) Section 138 of the applied provisions (as modified by the operation\nof subsection (3) of this section) is to operate as if the section\nincluded a provision allowing a sublessee under a registered\nsublease or the holder of any registered security over a registered\nsublease to make application under that section in relation to the\nregistered headlease (and such an application may be made even\nthough the headlessee has not applied for relief under that section).\n(6) Section 139 of the applied provisions is to operate as if the section\nincluded a provision allowing the holder of any registered security\nover a registered sublease to make application under that section\nas if the holder of the security were a sublessee.\n(7) On an application in relation to a registered headlease under\nsection 139 of the applied provisions by a sublessee under a\nregistered sublease or the holder of any registered security over a\nregistered sublease, the Supreme Court must, subject to\nsubsections (8) and (11), grant the application unless:\n(a) the granting of the application would be inconsistent with a\ndecision on an application under section 138 of the applied\nprovisions;\n(b) the Court is satisfied, in respect of any breach of the\nheadlease, that the headlessee has not had a reasonable\nopportunity:\n(i) to remedy the breach or to pay reasonable\ncompensation or both; or\n(ii) to apply for relief against forfeiture,\n\nAustralAsia Railway (Special Provisions) Act 1999 10\ntaking into account:\n(iii) sections 137 and 138 of the applied provisions and this\nsection; and\n(iv) the principle that the preservation of the headlease (and\nany registered sublease) by way of orders under\nsection 138 of the applied provisions (as modified by the\noperation of subsection (3) of this section) is to be\npreferred to the making of an order under section 139 of\nthe applied provisions; or\n(c) the Court is satisfied, in respect of any breach of the\nheadlease that is attributable to any act, omission or default of\nthe sublessee or the holder of any registered security over the\nsublease:\n(i) that written notice of the breach has been given to the\nsublessee and the holder of any registered security over\nthe sublease requiring:\n(A) in the case of a remediable breach, including a\nbreach for non-payment of rent – the breach to be\nremedied;\n(B) in the case of a non-remediable breach – the\npayment of reasonable compensation; or\n(C) in the case of a breach which is partly remediable\nand partly non-remediable – the breach to be\nremedied to the extent that it is capable of remedy\nand otherwise the payment of reasonable\ncompensation;\n(ii) that a reasonable period of time to comply with the\nrequirements set out in the notice under\nsubparagraph (i) has been given;\n(iii) in the case of a breach which is remediable or partly\nremediable – that the breach has not been remedied and\nneither the sublessee nor the holder of any registered\nsecurity over the sublease is diligently pursuing the\nremedy of the breach or that part of the breach that is\nremediable; and\n(iv) in the case of a breach which is non-remediable or partly\nnon-remediable – that reasonable compensation has not\nbeen paid.\n\nAustralAsia Railway (Special Provisions) Act 1999 11\n(8) Subsection (7) does not derogate from the operation of\nsection 139(2) and (3) of the applied provisions.\n(9) If a sublessee under a registered sublease is not entitled to an\norder under subsection (7), subject to subsection (2), the Supreme\nCourt may grant an order in accordance with section 139 of the\napplied provisions.\n(10) If the Supreme Court makes an order under section 139(1)(d) of the\napplied provisions in respect of a registered lease, the lease\ngranted to the sublessee by virtue of the order (the new lease) is to\ninclude a provision to the effect:\n(a) that despite any law to the contrary or any provisions as to the\nperiod of the new lease, the new lease will be automatically\nand simultaneously determined on the termination of the\nConcession Deed and without necessity of notice;\n(b) that if the new lease is determined in the manner\ncontemplated by paragraph (a), the new lease and any\ninterests derived or dependent on the new lease will be\ndetermined for all time; and\n(c) that, for the avoidance of doubt, it is expressly acknowledged\nand agreed by the parties to the new lease that, on the\ntermination of the Concession Deed, the new lease is\nintended to and will expire by effluxion of time, despite any\nlaw.\n(11) The Supreme Court must not make an order under section 138\nor 139 of the applied provisions in relation to a registered\nheadlease on the application of a sublessee under a registered\nsublease or the holder of any registered security over a registered\nsublease unless:\n(a) the headlessee; and\n(b) any sublessee under a registered sublease or holder of any\nregistered security over a registered sublease who is not the\napplicant,\nhas had notice of the application and the Court has given each of\nthose persons who is entitled to such notice a reasonable\nopportunity to be heard on the application.\n(12) In this section, unless the contrary intention appears:\napplied provisions means sections 136 to 140 (inclusive) of the\nLaw of Property Act 2000 (Act No. 1 of 2000) as modified and\napplied under this section.\n\nAustralAsia Railway (Special Provisions) Act 1999 12\nlease means:\n(a) a lease over a part of the corridor and includes:\n(i) a sublease over a part of the corridor; and\n(ii) a lease over a part of the corridor granted by virtue of an\norder under section 139(1)(d) of the applied provisions;\nor\n(b) a lease over a part of the Port of Darwin granted for a purpose\nconnected with the construction, operation or maintenance of\nthe railway.\nlessee includes:\n(a) a sublessee; and\n(b) the executors, administrators and assigns of a lessee.\n10AA Power of Crown Lands Minister to enter agreements about\ntermination or forfeiture of leases\n(1) Despite the provisions of the Crown Lands Act 1992 relating to the\ntermination and forfeiture of leases, the Crown Lands Minister may\nin the name of the Territory enter into an agreement relating to the\ntermination or forfeiture of a lease over a part of the corridor\ngranted under that Act, including an agreement that is inconsistent\nwith the provisions of the Crown Lands Act 1992 relating to the\ntermination and forfeiture of leases.\n(2) In subsection (1), Crown Lands Minister means the Minister for\nthe time being administering the Crown Lands Act 1992 (except\nsection 79).\n10B Certain provisions of Law of Property Act 2000 not to apply\nSections 134 and 141 of the Law of Property Act 2000 do not apply\nin relation to:\n(a) a sublease over a part of the corridor; or\n(b) a lease over a part of the Port of Darwin granted for a purpose\nconnected with the construction, operation or maintenance of\nthe railway.\n\nAustralAsia Railway (Special Provisions) Act 1999 13\n10C Sub-letting of pastoral lease\nFor the purposes of section 68(5) of the Pastoral Land Act 1992, a\npurpose relating to the construction of the railway is a prescribed\npurpose.\n11 Closure of roads\n(1) The Minister may, by notice in the Gazette, declare that a road\nextending over any part of the land described in the notice (being\nland in or to be included in the corridor) is, to that extent,\npermanently closed.\n(2) A declaration under subsection (1) has effect according to its tenor\nand despite the provisions of the Control of Roads Act 1953 or the\nLocal Government Act 2019 relating to the closure of roads.\n(3) Despite anything to the contrary in the Control of Roads Act 1953,\nafter closure of a road or part of a road under this section, the land\ncomprising the road or the part of a road that was closed forms part\nof the corridor.\n(4) Where a headlease is granted before a road or a part of a road\nintersecting the leasehold under the headlease is closed under this\nsection:\n(a) after closure of the road or the part of a road, the land\ncomprising the road or the part of a road that was closed is to\nbe taken to be part of that leasehold and part of the\nsubleasehold of a sublease over that land; and\n(b) the headlease, the sublease or the exercise of a right or\nperformance of an obligation under the headlease or sublease\nis not invalid on the ground that the headlease was granted\nbefore the closure.\n(5) In subsection (4):\nheadlease means a lease over a part of the corridor granted by the\nTerritory to the Corporation.\nleasehold means the land under a headlease.\nsublease means a sublease over the whole or any part of a\nleasehold.\nsubleasehold means the land under a sublease.\n\nAustralAsia Railway (Special Provisions) Act 1999 14\n(6) A declaration that:\n(a) purports to close a road or a part of a road under\nsubsection (1) but was published in the Gazette before\n19 April 2000; and\n(b) would, but for its publication before that date, be a declaration\nunder subsection (1),\nis to be taken to be a declaration under subsection (1) published on\n19 April 2000.\n11A Temporary closure of roads\n(1) This section applies despite anything in the Control of Roads\nAct 1953.\n(2) Subject to this section, the consortium is entitled to temporarily\nclose the whole or any part of a road for a purpose connected with\nthe construction, operation or maintenance of the railway.\n(3) A right conferred on the consortium by subsection (2) is exercisable\nonly with the consent of the Transport Minister under\nsubsection (4).\n(4) The Transport Minister may in writing consent to the consortium\nexercising a right conferred on it by subsection (2) subject to such\nconditions as the Transport Minister thinks fit.\n(5) The conditions that may be imposed under subsection (4) include\nbut are not limited to conditions about the following:\n(a) the period of the temporary closure;\n(b) public notification of the temporary closure, both prior to and\nduring the temporary closure;\n(c) the use of the road in an emergency situation during the\ntemporary closure;\n(d) the use of the road by persons other than the consortium\nduring the temporary closure;\n(e) the manner in which the road may be used by the consortium\nduring the temporary closure, including to support plant,\nequipment and structures by affixing them to the road.\n(6) In this section:\nroad includes a bridge.\n\nAustralAsia Railway (Special Provisions) Act 1999 15\nTransport Minister means the Minister for the time being\nadministering the Control of Roads Act 1953 (except Part IV).\n11B Modification of section 59 of Control of Roads Act 1953 for\nsleeper plants\nSection 59 of the Control of Roads Act 1953 applies to a railway\nsleeper manufacturing plant erected or built on a road in\naccordance with a permission granted under that section as if\nsubsection (5) had been amended by omitting \"6 months after the\ndate the notice was given\" and substituting 'the period determined\nby the Minister in accordance with the condition in the permission\nrelating to when the permission is to be revoked'.\n11C Granting of rights over roads\n(1) This section applies despite anything in the Control of Roads\nAct 1953.\n(2) Subject to this section, the Transport Minister may grant to the\nconsortium a right in respect the whole or any part of a road for a\npurpose connected with the construction, operation or maintenance\nof the railway.\n(3) The kinds of rights that may be granted under subsection (2)\ninclude but are not limited to a right to use the road to support a\nbridge or other structure.\n(4) A right granted under subsection (2) is subject to the conditions the\nTransport Minister thinks fit, including but not limited to a condition\nabout the period during which the right may be exercised.\n(5) In this section:\nroad includes a bridge.\nTransport Minister means the Minister for the time being\nadministering the Control of Roads Act 1953 (except Part IV).\n12 Road crossings\n(1) This section applies subject to the Rail Safety (National Uniform\nLegislation) Act 2012 but despite any other law of the Territory.\n(2) Subject to this section, the consortium is entitled to construct,\noperate and maintain the railway across a road.\n(3) A right conferred on the consortium by subsection (2) is exercisable\nonly with the consent of the Transport Minister under\nsubsection (4).\n\nAustralAsia Railway (Special Provisions) Act 1999 16\n(4) The Transport Minister may in writing consent to the consortium\nexercising a right conferred on it by subsection (2) subject to such\nconditions as the Transport Minister thinks fit.\n(5) The conditions that may be imposed under subsection (4) include\nbut are not limited to conditions about the following:\n(a) the installation, operation and maintenance of safety devices\nin connection with the railway crossing;\n(b) the construction, use and maintenance of the road at and on\neither side of the railway crossing.\n(6) If the consortium fails to comply with a condition to which any\nconsent under subsection (4) is subject:\n(a) the Territory may take the action necessary to give effect to\nthe condition; and\n(b) the reasonable costs and expenses incurred by the Territory in\ntaking that action are recoverable as a debt due to the\nTerritory from the consortium.\n(7) In this section:\nrailway crossing, in relation to a road, means the point at which\nthe railway crosses the road.\nTransport Minister means the Minister for the time being\nadministering the Control of Roads Act 1953 (except Part IV).\n12A Waterway crossings\n(1) Subject to subsection (2), the right of the consortium to construct,\noperate and maintain the railway across a waterway does not\ninclude:\n(a) the right to prevent, restrict or interfere with the passage of\nvessels on the waterway;\n(b) the right to divert or use water in the waterway; or\n(c) the right to obstruct the flow of water in the waterway.\n(2) The consortium is only entitled to exercise a right specified in\nsubsection (1)(a), (b) or (c) with the consent of the Water Minister.\n(3) The Water Minister may in writing consent to the consortium\nexercising a right specified in subsection (1)(a), (b) or (c) subject to\nsuch conditions as the Water Minister thinks fit.\n\nAustralAsia Railway (Special Provisions) Act 1999 17\n(4) The conditions that may be imposed under subsection (3) include\nbut are not limited to conditions about the following:\n(a) the construction and use of a bridge across the waterway;\n(b) the taking of water from the waterway.\n(5) Section 188A of the Marine Act 1981 does not apply in respect of\nany thing done by the consortium under its right to construct,\noperate and maintain a railway across a waterway or under a right\nfor which consent under this section is given.\n(6) Any thing done by the consortium under its right to construct\noperate and maintain a railway across a waterway or under a right\nfor which consent under this section is given is to be taken to be\npermitted under the Water Act 1992.\n(7) In this section:\nWater Minister means the Minister for the time being administering\nthe Water Act 1992.\nwaterway has the same meaning as in the Water Act 1992 and\nincludes:\n(a) the sea; and\n(b) the beds and banks of a waterway, including the seabed.\n13 Revocation of national parks, reserves etc.\n(1) The Minister may, by notice in the Gazette, declare that any\ndeclaration under the Territory Parks and Wildlife Conservation\nAct 1976 by virtue of which a park, reserve, wilderness zone,\nprotected area or sanctuary extends over any part of the land\ndescribed in the notice (being land in or to be included in the\ncorridor) is, to that extent, revoked.\n(2) A declaration under subsection (1) has effect according to its tenor\nand despite the provisions of the Territory Parks and Wildlife\nConservation Act 1976 relating to the revocation of declarations.\n(3) Where:\n(a) immediately before a declaration under subsection (1) in\nrelation to an area of land came into force, the area was part\nof a park, reserve, wilderness zone, protected area or\nsanctuary under the Territory Parks and Wildlife Conservation\nAct 1976 and was designated as a walking track; and\n\nAustralAsia Railway (Special Provisions) Act 1999 18\n(b) the area is indicated on a survey plan for a part of the corridor\nas an access easement,\nthat area may continue to be used as a walking track but not so as\nto unreasonably interfere with the construction, operation or\nmaintenance of the railway.\n14 Easements in favour of PowerWater\n(1) This section applies in relation to an installation wholly or partially\nwithin the corridor that, immediately before the commencement of\nthis section, was being operated by PowerWater for the purpose of\ngenerating or transmitting electricity or providing water or sewerage\nservices, other than an installation on land over which there is\nregistered under the Land Title Act 2000 an easement in gross or\nother interest in favour of PowerWater.\n(2) An easement in gross in favour of PowerWater is created over the\nland occupied by an installation to which this section applies and\nextends 10 metres in all directions from the installation.\n(2A) An easement created by subsection (2) is to be taken to be:\n(a) a general service easement as described in Schedule 1 to the\nCrown Lands Act 1992; and\n(b) on and after the commencement of the Law of Property\nAct 2000 – a general service easement as described in item 7\nin Part B of Schedule 3 to the Law of Property Act 2000,\nand PowerWater has the use and benefit of the easement for the\npurposes specified in those schedules in relation to that description\nand has for itself and for its agents and employees all the powers\ndescribed in those schedules in relation to that use.\n(3) If PowerWater lodges with the Registrar-General details of an\neasement created by subsection (2), the Registrar-General must\nrecord the easement on or the land register under the Land Title\nAct 2000.\n(3A) An easement in gross or other interest in favour of PowerWater:\n(a) whether over land wholly or partially within the corridor or over\nany other land;\n(b) whether created by subsection (2) or otherwise; and\n(c) whether registered under the Land Title Act 2000 or not,\n\nAustralAsia Railway (Special Provisions) Act 1999 19\ndoes not authorise PowerWater or its agents or employees to\nengage in an activity on the land that unreasonably interferes with\nthe construction, operation or maintenance of the railway.\n(4) In this section:\nPowerWater means the Power and Water Corporation established\nby section 4 of the Power and Water Corporation Act 1987.\n14A Access easements in favour of private landholders\n(1) Where an access easement, electricity supply easement or water\nsupply easement indicated on a survey plan for a part of the\ncorridor is granted in favour of an owner or occupier of land\nbordering the corridor, the owner or occupier has the rights and\nobligations in relation to the easement that are specified in the\nagreement under which the easement was granted but those rights\nand obligations are modified in the manner, and to the extent,\nnecessary to enable the consortium to construct, operate and\nmaintain the railway.\n(2) An easement referred to in subsection (1) is to be taken to have\nbeen created on it being indicated on the survey plan.\n(2A) The rights and obligations of an owner or occupier in relation to an\neasement created by subsection (2) are to be exercised or satisfied\nin a manner that complies with protocols made under section 21.\n(3) The Registrar-General must record interests indicated on the\nsurvey plan under subsection (1) in the land register within the\nmeaning of the Land Title Act 2000.\n(4) An electricity supply easement or water supply easement created\nby subsection (2) is to be taken to be:\n(a) an electricity supply easement or water supply easement as\ndescribed in Schedule 1 to the Crown Lands Act 1992; and\n(b) on and after the commencement of the Law of Property\nAct 2000 – an electricity supply easement or water supply\neasement as described in item 4 or 2 in Part B of Schedule 3\nto the Law of Property Act 2000.\n\nAustralAsia Railway (Special Provisions) Act 1999 20\n15 Corridor general reserved land\n(1) The corridor general reserved land is the land specified in the\ninstrument of reservation from occupation no. 24350 made under\nsection 178(1) of the Mining Act 1980 on 6 July 2004 and published\nin Gazette No. G29 dated 21 July 2004.\nNote for subsection (1)\nThis land is taken to be general reserved land under the Mineral Titles Act 2010\nbecause of section 214(1) of that Act.\n(2) If, on or after 6 July 2004, an exploration licence, exploration\nretention licence or mining tenement granted under the Mining\nAct 1980 ceases to be in force for any area within the land specified\nin the instrument of reservation, that area is taken to be part of the\ncorridor general reserved land as if the area had been reserved\nfrom occupation under section 178(1) of the Mining Act 1980.\n(3) If, on or after the commencement of section 214 of the Mineral\nTitles Act 2010, a mineral interest ceases to be in force for any area\nwithin the land specified in the instrument of reservation, that area\nis taken to be part of the corridor general reserved land as if the\narea had been reserved as such under section 113 of the Mineral\nTitles Act 2010.\n(4) Subsections (1) and (2) are taken to have effect from 6 July 2004.\nNote for section 15\nSee also the transitional provision in section 22(3).\n16 Consortium may mine extractive minerals on corridor general\nreserved land\n(1) In relation to the corridor general reserved land, the consortium is\ntaken to have been granted a mineral authority under the Mineral\nTitles Act 2010 that corresponds to an extractive mineral lease\nunder that Act.\n(2) Despite anything to the contrary in the Mineral Titles Act 2010, the\nperiod and conditions of the mineral authority must be:\n(a) imposed by the Minister as he or she considers appropriate;\nand\n(b) consistent with the following:\n(i) the agreement between the Territory, native title parties\nand the Northern and Central Land Councils about\nmining extractive minerals on the corridor general\nreserved land that is dated 18 September 1998 and has\n\nAustralAsia Railway (Special Provisions) Act 1999 21\nbeen lodged with the National Native Title Tribunal;\n(ii) any agreements between the consortium and the owner\nof any of the corridor general reserved land about mining\nextractive minerals on the land.\n(3) The Mineral Titles Act 2010 applies in relation to the consortium as\nthe holder of a mineral authority, and activities conducted under the\nmineral authority, only to the extent to which the Mineral Titles\nAct 2010 is consistent with this Act and the conditions imposed\nunder subsection (2).\nExample for subsection (3)\nSection 107 of the Mineral Titles Act 2010 applies in relation to compensation\nthat may be payable by the consortium for damage and loss as a result of\nactivities conducted under the mineral authority.\n(4) Part 5 of the Environment Protection Act 2019 does not apply in\nrelation to the consortium or activities conducted under the mineral\nauthority.\n16A Consent required for access over corridor to mineral interest\narea\n(1) Before the holder of a mineral interest may exercise a right under\nsection 83(1) of the Mineral Titles Act 2010 in relation to any part of\nthe corridor, the holder must apply to the relevant Minister for his or\nher consent to do so.\nNote for subsection (1)\nSee also section 22(2).\n(2) Before the relevant Minister may decide the application, he or she\nmust consult with the consortium and take the views of the\nconsortium into consideration.\n(3) The relevant Minister may impose conditions on consent given\nunder this section.\n(4) In this section:\nrelevant Minister means the minister administering the Mineral\nTitles Act 2010.\n\nAustralAsia Railway (Special Provisions) Act 1999 22\n16B Access to petroleum permit or licence area over corridor only\nwith consent\n(1) This section applies to the extent that the shortest practicable route\nbetween an area the subject of a permit or licence that is granted\nunder the Petroleum Act 1984 after the commencement of this\nsection and a road, a railway line, the sea or a waterway is over a\npart of the corridor.\n(2) Where this section applies, section 65 of the Petroleum Act 1984 is\nto be read as if subsection (1) were repealed and the following\nsubstituted:\n\"(1) Where:\n(a) by or under this Act, a person is given the right to occupy land\nas a permittee or licensee; and\n(b) the shortest practicable route between the land and a road\nwithin the meaning of the Control of Roads Act 1953, a railway\nline, the sea or a waterway is over a part of the corridor,\nthe person may apply to the Minister for a right of access to that\nland over the corridor.\n\"(1A) On receipt of an application under subsection (1), subject to\nsubsection (1B), the Minister may:\n(a) grant the right of access subject to the conditions specified in\nthe grant; or\n(b) refuse to grant the right of access.\n\"(1B) Before making a decision on an application under subsection (1A),\nthe Minister must seek the views of the consortium about the\napplication and, in making the decision, must take those views (if\nany) into account.\n\"(1C) A right of access over the corridor granted under subsection (1A)\nentitles the person granted the right and that person's employees\nand agents to a right of way over the corridor subject to the\nconditions of grant.\n\"(1D) A person granted a right of access over the corridor under\nsubsection (1A) is entitled, subject to the conditions of grant:\n(a) to mark out the resultant right of way; and\n\nAustralAsia Railway (Special Provisions) Act 1999 23\n(b) to enter upon the corridor with machinery, equipment and\nworkers to perform whatever work is reasonably necessary for\nthe construction of that right of way.\".\n(3) A reference in subsection (2) to the Minister is to be taken to be a\nreference to the Minister for the time being administering the\nPetroleum Act 1984.\n16C Access not to interfere with railway\nIf under this Act, the Mineral Titles Act 2010 or the Petroleum\nAct 1984, a person has a right of access to, from or on land that is\npart of the corridor, the person may only exercise the right in a way\nthat does not interfere with the construction, operation or\nmaintenance of the railway.\n16D Entry on land not to interfere with railway\nIf under the Livestock Act 2008 a person in charge of travelling\nlivestock has a right to enter land that is part of the corridor, the\nperson may only exercise the right in a way that does not interfere\nwith the construction, operation or maintenance of the railway.\n17 Authority to construct railway on mineral interest area\n(1) The consortium may enter reserved land, or a mineral interest area,\nto construct the railway on the land as if the consortium holds an\naccess authority under the Mineral Titles Act 2010 authorising the\nentry and construction.\n(2) The holder of a mineral interest is entitled to compensation under\nsection 108 of the Mineral Titles Act 2010 for damage or loss\nmentioned in that section because of the actions taken by the\nconsortium in relation to the entry of the mineral interest area and\nconstruction of the railway.\n(3) If compensation is payable as mentioned in subsection (2):\n(a) the consortium is liable to pay for damage and loss as a result\nof contamination of the mineral interest area or a breach of the\nconsortium's duty of care to the holder of the mineral interest;\nand\n(b) the Territory is liable to pay for any other damage and loss.\n(4) In this section:\nmineral interest does not include a mineral exploration licence or\nextractive mineral exploration licence.\n\nAustralAsia Railway (Special Provisions) Act 1999 24\nmineral interest area does not include the area to which a mineral\nexploration licence or extractive mineral exploration licence relates.\nreserved land, see section 8 of the Mineral Titles Act 2010.\n17A Activities under mineral interest not to interfere with railway\nDespite anything to the contrary in the Mineral Titles Act 2010, the\nholder of a mineral interest is not authorised to conduct an activity\nin the mineral interest area that unreasonably interferes with the\nconstruction, operation or maintenance of the railway.\n17B Activities on petroleum permit or licence area not to interfere\nwith railway\nDespite anything to the contrary in the Petroleum Act 1984, the\ngrant or renewal of a permit, retention licence or production licence\n(whether the grant or renewal was before or after the\ncommencement of this section) does not authorise the holder of the\npermit, retention licence or production licence to engage in an\nactivity on the permit area, retention licence area or production\nlicence area that unreasonably interferes with the construction,\noperation or maintenance of the railway.\n17C Mineral royalties\nThe consortium is not liable to pay royalty under the Mineral\nRoyalty Act 1982 for extractive minerals recovered from general\nreserved land to which the mineral authority mentioned in\nsection 16(1) relates and used for the purpose of constructing,\noperating or maintaining the railway.\n18 Corridor need not be fenced\nSubject to the Rail Safety (National Uniform Legislation) Act 2012\nbut despite any Act or other law of the Territory, the consortium is\nnot required:\n(a) to fence the corridor or to replace, maintain or repair a fence in\nrelation to the corridor; or\n(b) to contribute to or join in the construction, replacement,\nmaintenance or repair of a fence in relation to the corridor.\n18A Places and objects to which Heritage Conservation Act 1991\napplies\n(1) Where a permit under section 29 of the Heritage Conservation\nAct 1991 is issued (whether before or after the commencement of\nthis section) in respect of a place or object wholly or partially within\n\nAustralAsia Railway (Special Provisions) Act 1999 25\nthe corridor or wholly or partially on additional land, the permit is to\nbe taken to permit the consortium to take the same action subject to\nthe same conditions in respect of so much of the place or object as\nis within the corridor or on the additional land as the person to\nwhom the permit is issued.\n(2) Despite anything in the Heritage Conservation Act 1991 to the\ncontrary, the consortium is entitled to apply for a permit under\nsection 29 of that Act in respect of so much of a place or object in\nrespect of which an interim conservation order is in force, or is\ndeemed under section 39 of that Act to be in force, as is within the\ncorridor or on additional land.\n(3) Where an approval under section 39K of the Heritage Conservation\nAct 1991 is granted (whether before or after the commencement of\nthis section) in respect of a heritage place or heritage object wholly\nor partially within the corridor or wholly or partially on additional\nland, the approval is to be taken to authorise the consortium to take\nthe same action subject to the same conditions in respect of so\nmuch of the place or object as is within the corridor or on the\nadditional land as the person to whom the approval is granted.\n(4) For the purposes of Part 6B of the Heritage Conservation Act 1991,\nthe Corporation is to be taken to be the owner of so much of a\nheritage place or heritage object as is within the corridor or on\nadditional land.\n18B Amalgamation etc. of Authority Certificates\n(1) Subject to this section, the Authority may revoke one or more\nexisting certificates and instead may issue to the Corporation a\nsingle Authority Certificate as if the requirements of the Northern\nTerritory Aboriginal Sacred Sites Act 1989 relating to revoking and\nissuing such certificates had been complied with and that Act\napplies in relation to the single certificate accordingly.\n(2) The Authority may only issue an Authority Certificate under\nsubsection (1) if consultations with the custodians of sacred sites\non or in the vicinity of the land over which the certificate is issued\nhave taken place (whether before the existing certificate or\ncertificates were issued or before the single certificate is issued).\n(3) An Authority Certificate issued under subsection (1):\n(a) must be issued in respect of land over which the existing\ncertificate or certificates were issued but need not be over all\nof that land and may include other land;\n\nAustralAsia Railway (Special Provisions) Act 1999 26\n(b) may only authorise a use or work connected with the\nconstruction, operation or maintenance of the railway that is a\nuse or work within a class of uses or work that was\ncontemplated during the consultations referred to in\nsubsection (2); and\n(c) may set out conditions different from those set out in the\nexisting certificate or certificates but only if the Authority thinks\nthose conditions accord with the custodians' wishes or, if an\nagreement has been reached between the custodians and the\nperson to whom the existing certificate or certificates was\nissued or the Corporation, accords with that agreement.\n(4) The following certificates are to be taken to authorise the\nconsortium to take the same action subject to the same conditions\non the land the subject of the certificate as the Corporation:\n(a) an existing certificate until it is revoked under subsection (1) or\notherwise;\n(b) an Authority Certificate in force under subsection (1).\n(5) In this section existing certificate means an Authority Certificate\nunder section 22 of the Northern Territory Aboriginal Sacred Sites\nAct 1989 in force immediately before the commencement of this\nsection that authorises a use or work connected with the\nconstruction, operation or maintenance of the railway.\n(6) A certificate that:\n(a) purports to be an Authority Certificate issued by the Authority\nunder this section but was issued before this section\ncommenced; and\n(b) would, but for it being issued before that commencement,\nhave been issued in accordance with this section,\nis to be taken to be an Authority Certificate issued under\nsubsection (1) on the day on which this section commences.\n19 Workmen's Liens Act 1893 does not operate during\nconstruction\nThe Workmen's Liens Act 1893 does not apply in respect of work\ndone in connection with the construction of the railway.\n\nAustralAsia Railway (Special Provisions) Act 1999 27\n19A Acquisition on just terms\n(1) If, but for this section, property is acquired under this Act otherwise\nthan on just terms:\n(a) the person from whom the property is acquired is entitled to\nreceive just compensation for the acquisition; and\n(b) a court of competent jurisdiction may determine the amount of\nthe compensation or make the orders necessary to ensure\nthat the compensation is on just terms.\n(2) Compensation under subsection (1) is payable by the Territory.\n19B Proceedings involving Crown\n(1) Subject to this section:\n(a) relevant proceedings may be brought and conducted by or\nagainst the Territory Crown in a South Australian court; and\n(b) relevant proceedings may be brought and conducted by or\nagainst the South Australian Crown in a Territory court.\n(2) For the purposes of bringing and conducting relevant proceedings\nby or against the South Australian Crown in a Territory court and for\nthe purposes of determining the rights and liabilities of the South\nAustralian Crown in those proceedings, the following Acts of South\nAustralia apply as laws of the Territory:\n(a) the Alice Springs to Darwin Railway Act 1997;\n(b) the Crown Proceedings Act 1992;\n(c) an Act prescribed by regulation for the purposes of this\nsubsection.\n(3) An Act that applies as a law of the Territory under subsection (2)\nwill be the Act as in force from time to time unless, in the case of\nthe Crown Proceeding Act 1992, the consortium, as part of bringing\nor conducting relevant proceedings, elects to apply that Act in force\nimmediately before the commencement of this section (and then\nthat election will have effect accordingly).\n(4) Subject to subsection (3), the Acts Interpretation Act 1915 of South\nAustralia applies as a law of the Territory in respect of the Acts\nreferred to in subsection (2) and instruments under those Acts.\n(5) The Interpretation Act 1978 does not apply in respect of the Acts\nreferred to in subsection (2) or instruments under those Acts.\n\nAustralAsia Railway (Special Provisions) Act 1999 28\n(6) Without affecting the application of the Crown Proceedings\nAct 1993 with respect to relevant proceedings brought or conducted\nby or against the Territory Crown in a Territory court (including\nproceedings to which the South Australian Crown is also a party),\nthat Act does not apply in respect of relevant proceedings brought\nor conducted by or against the South Australian Crown in a\nTerritory court (including proceedings to which the Territory Crown\nis also a party) or for the purposes of determining the rights and\nliabilities of the South Australian Crown in any such relevant\nproceedings.\n(7) For the purposes of bringing relevant proceedings by or against the\nTerritory in a South Australian court, the Legislative Assembly\nconsents to the Parliament of South Australia applying the\nAustralAsia Railway (Special Provisions) Act 1999 and the Crown\nProceedings Act 1993 as laws of South Australia.\n(8) The doctrine of executive necessity, to the extent (if any) that it\napplies in the Territory, does not apply to the Territory Crown in\nrelation to its rights and obligation under the Concession Deed.\n(9) In this section:\nCrown includes:\n(a) a Minister, instrumentality or agency of the Crown;\n(b) a body or person declared by regulation to be an\ninstrumentality or agency of the Crown for the purposes of a\nparticular reference to the Crown in this section.\nrelevant proceedings means civil proceedings arising out of or\nconnected with the construction, operation or maintenance of the\nrailway.\nSouth Australian Crown means the Crown in right of South\nAustralia.\nTerritory Crown means the Crown in right of the Territory.\n20 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nAustralAsia Railway (Special Provisions) Act 1999 29\n(2) In addition to the power to make regulations under subsection (1),\nthe Administrator may make regulations:\n(a) amending, or modifying the operation of, this Act (other than\nthis section) or any other Act in relation to any matter arising\nfrom, connected with or consequential upon the construction\nof the railway; or\n(b) containing savings or transitional provisions connected with or\nconsequential upon the enactment of this Act or an\namendment or modification under paragraph (a).\n(3) Regulations made under subsection (2) may be expressed to have\ntaken effect on a day earlier than the day on which the regulations\nare made, other than a day earlier than the day on which this\nsection commences.\n(4) The Administrator may only make regulations under subsection (2)\nduring the 12 months commencing on the day on which this section\ncommences.\n21 Protocols\n(1) The Minister and the Minister responsible for the administration of\nthe Rail Safety (National Uniform Legislation) Act 2012 may jointly,\nby notice in the Gazette, make protocols setting out procedures,\nrequirements and other matters to facilitate rail safety in connection\nwith the railway.\n(1A) Before making a protocol, the Ministers must consult with the\nconsortium, and any other persons the Ministers consider have\nrelevant interests or expertise, about the protocol.\n(2) A person must comply with a protocol.\nMaximum penalty: 50 penalty units.\n(3) If, in complying with a protocol, a person contravenes or fails to\ncomply with the Rail Safety (National Uniform Legislation) Act 2012\nor an instrument of a legislative or administrative character made\nunder that Act, the person is not criminally liable under that Act for\nthe act done or omitted to be done in complying with the protocol.\n22 Transitional matters for Mineral Titles Act 2010\n(1) The authorization mentioned in repealed section 16(1) continues in\nforce after the commencement day, in relation to the corridor\ngeneral reserved land, as if it were the mineral authority\nmentioned in section 16(1).\n\nAustralAsia Railway (Special Provisions) Act 1999 30\n(2) If a person holds a right of access granted as specified in repealed\nsection 16A, the right of access to the corridor continues in force\nafter the commencement day.\n(3) Despite the concurrent operation of repealed section 15 and the\ninstrument mentioned in section 15(1) during the transitional period,\nif an exploration licence, exploration retention licence or mining\ntenement was granted under the Mining Act 1980 during that period\nfor an area within the temporary railway reserve:\n(a) the granting of the licence or tenement was validly done; and\n(b) anything done during the transitional period in the temporary\nrailway reserve under the licence or tenement that was\nauthorised to be done under the Mining Act 1980, as in force\nduring the transitional period, was validly done; and\n(c) the occupation of mining land and use of that land by the\nconsortium for mining extractive minerals authorised by\nsection 16, as in force during the transitional period, was\nvalidly done.\n(4) In this section:\ncommencement day means the day on which Part 12 of the\nMineral Titles Act 2010 commences.\nmining land, in relation to an exploration licence, exploration\nretention licence or mining tenement mentioned in subsection (3),\nmeans land to which the licence or tenement relates.\nrepealed, in relation to a specified provision, means that provision\nof this Act as in force immediately before the commencement of the\nMineral Titles Act 2010.\ntemporary railway reserve means the land between the boundary\nof the Town of Alice Springs and the boundary of the City of Darwin\nthat is within 400 metres of either side of the centreline of the\ncorridor, excluding the corridor general reserved land.\ntransitional period means the period from 6 July 2004 to the day\nimmediately before the commencement day.\n\nENDNOTES\nAustralAsia Railway (Special Provisions) Act 1999 31\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAustralAsia Railway (Special Provisions) Act 1999 (Act No. 65, 1999)\nAssent date 14 December 1999\nCommenced s 5: 19 April 2000 (Gaz S16, 19 April 2000);\ns 8: 10 October 2000 (Gaz S54, 10 October 2000);\nss 10, 11 and 13: 19 April 2000; s 15: 4 December 2000\n(Gaz S59, 4 December 2000); s 20: 14 December 2000\n(Gaz S60, 14 December 2000); rem: 23 March 2001\n(Gaz S11, 22 March 2001)\nAustralAsia Railway (Special Provisions) Amendment Act 2000 (Act No. 37, 2000)\nAssent date 13 July 2000\nCommenced s 6: 29 September 2000; s 8: 10 October 2000 (Gaz S50,\n29 September 2000); rem: 4 December 2000 (Gaz S59,\n4 December 2000)\nAustralAsia Railway (Special Provisions) Amendment Act (No. 2) 2000 (Act No. 54,\n2000)\nAssent date 14 November 2000\nCommenced s 10: 19 April 2000; s 17: 1 December 2000;\nrem: 4 December 2000 (s 2, s 2 AustralAsia Railway (Special\nProvisions) Act 1999 (Act No. 65, 1999), Gaz S16,\n19 April 2000, Gaz S54, 10 October 2000, Gaz S59,\n4 December 2000, Gaz S60, 14 December 2000, Gaz S11,\n22 March 2001, s 2 AustralAsia Railway (Special Provisions)\nAmendment Act 2000 (Act No. 37, 2000), Gaz S50,\n29 September 2000, Gaz S59, 4 December 2000, s 2 Land\nTitle (Consequential Amendments) Act 2000 (Act No. 45,\n2000), s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz\nG38, 27 September 2000, p 2)\nAustralAsia Railway (Special Provisions) Regulations 2000 (SL No. 61, 2000)\nNotified 10 January 2001\nCommenced 14 February 2001 (Gaz G6, 14 February 2001, p 3)\n\nENDNOTES\nAustralAsia Railway (Special Provisions) Act 1999 32\nMining Management (Consequential Amendments) Act 2001 (Act No. 42, 2001)\nAssent date 19 July 2001\nCommenced 1 January 2002 (s 2, s 2 Mining Management Act 2001 (Act\nNo. 43, 2001) and Gaz G46, 21 November 2001, p 2)\nAustralAsia Railway (Special Provisions) Amendment Act 2003 (Act No. 58, 2003)\nAssent date 15 December 2003\nCommenced 15 December 2003\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 1 July 2004 (s 2(2), s 2 Business Tenancies (Fair Dealings)\nAct 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004, p 5)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nAustralAsia Railway (Special Provisions) Amendment Act 2004 (Act No. 64, 2004)\nAssent date 21 December 2004\nCommenced 21 December 2004\nLivestock Act 2008 (Act No. 36, 2008)\nAssent date 8 December 2008\nCommenced 1 September 2009 (Gaz G34, 26 August 2009, p 3)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nRail Safety Act 2010 (Act No. 10, 2010)\nAssent date 17 March 2010\nCommenced 31 October 2010 (Gaz G40, 6 October 2010, p 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nRail Safety (National Uniform Legislation) Act 2012 (Act No. 27, 2012)\nAssent date 6 December 2012\nCommenced 20 January 2013 (Gaz G1, 2 January 2013, p 3)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nPorts Management (Repeals and Related Consequential Amendments) Act 2015 (Act\nNo. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: nc (Act rep by Act No. 20, 2020, before comm);\nrem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)\n\nENDNOTES\nAustralAsia Railway (Special Provisions) Act 1999 33\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 5C, 8 to 19, 19B, 21\nand 22.\n4 LIST OF AMENDMENTS\ns 5 amd No. 37, 2000, s 4; No. 54, 2000, s 4; No. 37, 2010, s 3\ns 5A ins No. 37, 2000, s 5\namd No. 54, 2000, s 5\ns 5AA ins No. 54, 2000, s 6\namd No. 12, 2015, s 65\ns 5B ins No. 37, 2000, s 5\nrep SL No. 61, 2000, r 5\ns 5C ins No. 37, 2000, s 5\namd No. 37, 2010, s 3\ns 6 amd No. 25, 2009, s 10; No. 28, 2013, s 61\ns 8 sub No. 37, 2000, s 6\namd No. 54, 2000, s 7\ns 8A ins No. 37, 2000, s 6\ns 9 sub No. 37, 2000, s 6\ns 9A ins No. 37, 2000, s 6\ns 9B ins No. 54, 2000, s 8\ns 10A ins No. 37, 2000, s 7\nsub No. 54, 2000, s 9; SL No. 61, 2000, r 6\namd No. 18, 2004, s 3\ns 10AA ins SL No. 61, 2000, r 6\n\nENDNOTES\nAustralAsia Railway (Special Provisions) Act 1999 34\ns 10B ins No. 37, 2000, s 7\nrep No. 54, 2000, s 9\nins by SL No. 61, 2000, r 6\ns 10C ins No. 37, 2000, s 7\ns 11 amd No. 54, 2000, s 10; No. 39, 2019, s 370\ns 11A ins No. 37, 2000, s 8\nss 11B – 11C ins No. 54, 2000, s 11\ns 12 amd No. 10, 2010, s 209; No. 27, 2012, s 48\ns 12A ins No. 37, 2000, s 9\ns 13 amd No. 37, 2000, s 10\ns 14 amd No. 37, 2000, s 11; No. 54, 2000, s 12; SL No. 61, 2000, r 7; No. 58,\n2003, s 3\ns 14A ins No. 37, 2000, s 12\namd No. 54, 2000, s 13; SL No. 61, 2000, r 8; No. 58, 2003, s 4; No. 54,\n2004, s 7\ns 14B ins No. 58, 2003, s 5\namd No. 64, 2004, s 2\nexp No. No. 64, 2004, s 2\ns 15 amd No. 37, 2000, s 13\nsub No. 37, 2010, s 3\ns 16 amd No. 37, 2000, s 14; No. 42, 2001, s 5\nsub No. 37, 2010, s 3\namd No. 34, 2023, s 199\ns 16A ins No. 37, 2000, s 15\nsub No. 37, 2010, s 3\ns 16B ins No. 37, 2000, s 15\ns16C ins No. 37, 2000, s 15\namd No. 37, 2010, s 3\ns 16D ins No. 37, 2000, s 15\namd No. 36, 2008, s 148\ns 17 amd No. 37, 2000, s 16\nsub No. 37, 2010, s 3\ns 17A ins No. 37, 2000, s 17\nsub No. 37, 2010, s 3\ns 17B ins No. 37, 2000, s 17\ns 17C ins No. 37, 2000, s 17\namd No. 37, 2010, s 3\ns 18 sub No. 37, 2000, s 18\namd No. 10, 2010, s 209; No. 27, 2012, s 48\ns 18A ins No. 37, 2000, s 18\ns 18B ins No. 37, 2000, s 18\namd No. 54, 2000, s 14\ns 19A ins No. 37, 2000, s 19\namd No. 54, 2000, s 15\ns 19B ins No. 37, 2000, s 19\namd No. 54, 2000, s 16\ns 21 rep No. 37, 2000, s 20\nins No. 58, 2003, s 6\namd No. 10, 2010, s 209; No. 27, 2012, s 48; No. 23, 2013, s 4\ns 22 ins No. 37, 2010, s 3\nsch ins No. 37, 2000, s 21\nrep No. 37, 2010, s 3","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1999 construction-focused purpose. While initially designed to facilitate building the railway, amendments in 2000, 2003, 2004, and especially 2010 (Mineral Titles Act transition) have expanded it into a permanent legal framework governing ongoing operations, mineral access conflicts, and cross-border jurisdictional arrangements. The addition of sections 16A-16D, 17A-17C, and the detailed transitional provisions in section 22 show the Act has evolved from a temporary construction facilitator into a long-term governance mechanism for the railway corridor, managing competing land uses (mining, petroleum, pastoral, indigenous heritage) indefinitely rather than just during construction."},"complexity_factors":["Heavy cross-referencing: The Act modifies or overrides at least 15 other Acts (Planning Act 1999, Building Act 1993, Crown Lands Act 1992, Mineral Titles Act 2010, Petroleum Act 1984, Heritage Conservation Act 1991, Northern Territory Aboriginal Sacred Sites Act 1989, etc.)","Nested conditional logic: Section 10A (relief against forfeiture) contains 12 subsections with multiple nested conditions, exceptions for sublessees vs head lessees, and deeming provisions","Dual legal systems: Section 19B creates a complex interface between Northern Territory and South Australian law, applying SA Acts as NT law for cross-border proceedings","Defined terms with recursive definitions: 'consortium' includes successors, assignees, members, and contractors; 'corridor' references leases that may not yet exist; 'mineral interest' imports definitions from another Act","Temporal complexity: Multiple commencement dates (spread across 2000-2001), sunset provisions (section 3), retrospective validation (section 11(6), 18B(6)), and transitional provisions (section 22) for the Mineral Titles Act 2010","Modified standard provisions: Sections 10A and 10B modify the Law of Property Act 2000 but only for specific leases, creating a parallel legal regime for railway-related leases","Deeming provisions throughout: Structures deemed compliant (s 9), uses deemed existing (s 8(6)), certificates deemed issued (s 18B), SA law deemed NT law (s 19B)"],"plain_english_summary":"**What this legislation does:**\n\nThis Act is a special-purpose law that clears away legal obstacles to build, operate, and maintain the railway line from Tarcoola (South Australia) to Darwin (Northern Territory) — known as the AustralAsia Railway or \"The Ghan\" extension. It creates a legal \"fast lane\" for the project by overriding many normal Northern Territory laws that would otherwise slow down or block construction.\n\n**Who it affects:**\n\n- **The consortium** — the private company or group building and running the railway (originally Asia Pacific Transport Consortium). The Act gives them special rights to use land, cross roads and waterways, and bypass normal planning and building rules.\n- **The Northern Territory Government** — bound by the Act to honour contracts (like the \"Concession Deed\") and give the railway priority treatment.\n- **Landholders and miners** — people with existing leases, mineral rights, or pastoral properties along the railway corridor have their rights modified. They can still access their land but must not interfere with the railway.\n- **Local communities and road users** — roads can be closed or crossed by the railway, sometimes temporarily, sometimes permanently.\n- **PowerWater and other utilities** — special easements (rights to use land) are created or preserved for electricity and water infrastructure.\n\n**Key things the Act does:**\n\n- **\"The corridor\"** — defines a strip of land for the railway and says normal planning laws don't apply there in the usual way. The consortium can build track, bridges, camps, and power lines without standard development approvals.\n- **Overrides other laws** — suspends normal rules about:\n  - Building approvals (existing structures are \"deemed\" compliant)\n  - Fencing requirements (the railway doesn't need to fence the corridor)\n  - Workmen's liens (workers can't claim security over the railway during construction)\n  - Heritage protection (special rules apply for Aboriginal sacred sites)\n  - National parks and reserves (can be revoked to make way for the railway)\n  - Crown land reservations and road closures\n\n- **Protects the project contract** — authorises the \"Concession Deed\" (the main contract between government and the builder) and allows courts to force the government to honour it (\"specific performance\"), even though governments usually can't be sued this way.\n\n- **Balances other interests** — miners can still access their tenements but must get consent to cross the corridor and must not interfere with trains. Pastoralists can sublet for railway purposes. PowerWater keeps access for power lines.\n\n- **Sunset provisions** — some sections (like priority processing of applications) can be switched off by regulation once construction finishes.\n\n**Why it matters:**\n\nWithout this Act, the railway would have been bogged down in hundreds of separate planning approvals, land disputes, and legal challenges. The Act essentially says: \"This nationally significant infrastructure project is too important to be delayed by red tape.\" It represents a classic example of \"project-specific legislation\" — a legal toolkit custom-built to deliver one major piece of infrastructure."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, originally targeted at enabling the construction and operation of the Tarcoola–Darwin railway, has been extended by later amendments into a broader special-purpose land‑use and regulatory regime. Subsequent provisions and amendments (notably ss 5A/5AA validating specific performance, s 8 creating overriding planning provisions, s 10/13 enabling revocation of reservations and parks, s 16 creating a bespoke mineral authority for the consortium, s 16(4) exempting certain environmental approvals, s 10A modifying relief against forfeiture for leases, and s 20(2)–(4) permitting consequential/regulatory amendment of other Acts) make the Act more than a single-project facilitation statute. It now systematically alters property, resource and regulatory rules over the corridor—conferring enforceable economic and legal advantages on the consortium while subordinating many third‑party rights and altering standard administrative and legal remedies. These changes expand the scope from a narrow construction facilitation to a durable, comprehensive governance structure for corridor land and related activities."},"complexity_factors":["Approximately 22 substantive sections plus multiple subsections and consequential schedules.","Interpretation section (s 5) contains many defined terms (eg. concession deed, consortium, corridor, mineral interest, fixed railway infrastructure) that are used throughout the Act.","Extensive cross-references to at least 15 other Acts (Planning Act 1999, Building Act 1993, Crown Lands Act 1992, Mineral Titles Act 2010, Petroleum Act 1984, Rail Safety (National Uniform Legislation) Act 2012, Water Act 1992, Heritage Conservation Act 1991, Law of Property Act 2000, Pastoral Land Act 1992, Land Title Act 2000, Mining Act 1980, Environment Protection Act 2019, Control of Roads Act 1953, Local Government Act 2019).","Multiple ministerial discretions and consent mechanisms across different Ministers (Planning, Transport, Water, Crown Lands, Mining/Petroleum ministers) with condition-setting powers (eg. ss 8(2), 11A(4), 12(4), 12A(3), 10AA(1), 16A(3)).","Substantial statutory overrides and carve-outs (eg. building law temporary exemptions ss 9–9B; Workmen's Liens displaced s 19; environmental Part 5 disapplied for certain consortium activities s 16(4)).","Complex modification of property and lease rights, including altered relief against forfeiture rules with nested conditions and special rights for sublessees and security holders (s 10A) and ministerial power to revoke reservations and parks (ss 10, 13).","Regulatory power to make retrospective or consequential regulations for a limited period (s 20(2)–(4)), creating temporal complexity in application and transitional provisions (s 22).","Multiple limited exceptions and provisos (eg. modifications to mineral/petroleum rights but with exceptions for non-interference and compensation s 17 and ss 16A–17B), producing conditional logic and nested limits.","Interaction with native title, heritage and sacred-sites regimes requiring consultation and tailored certificate/amalgamation rights (ss 18, 18A, 18B)."],"plain_english_summary":"The Act creates a special legal regime to authorise, fast-track and protect the private consortium that built and operates the Tarcoola–Darwin railway, overriding or modifying land, planning, heritage, mining, road and building laws so the railway can be constructed, operated and maintained with fewer legal obstacles.  \n\nIt directly benefits the consortium while subordinating many third‑party rights (landholders, resource titleholders, agencies, heritage custodians), centralising ministerial decision‑making and shifting compensation and some liability responsibilities to the Territory and the consortium."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australasia-railway-special-provisions-act-1999","history":"/api/acts/australasia-railway-special-provisions-act-1999/history","analysis":"/api/acts/australasia-railway-special-provisions-act-1999/analysis","conflicts":"/api/acts/australasia-railway-special-provisions-act-1999/conflicts","importantCases":"/api/acts/australasia-railway-special-provisions-act-1999/important-cases","documents":"/api/acts/australasia-railway-special-provisions-act-1999/documents"}}