{"id":"tas:sr-2024-066","name":"Rail Infrastructure (Rail Network) Order 2024","slug":"rail-infrastructure-rail-network-order-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"66 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177066,"registerId":"tas-tas:sr-2024-066-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Rail Infrastructure (Rail Network) Order 2024](/view/html/inforce/2026-04-12/sr-2024-066) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if this order were regulations.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Principal Act","content":"### 4 Principal Act\n\n> In this order, the [Rail Infrastructure Act 2007](/view/html/inforce/2026-04-12/act-2007-036) is referred to as the Principal Act.","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> The amendment effected by this clause has been incorporated into the authorised version of the [Rail Infrastructure Act 2007](/view/html/inforce/2026-04-12/act-2007-036) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Revocation of designation of ownership","content":"### 6 Revocation of designation of ownership\n\n> > (1)  In so far as it relates to the portion of railway specified in Plan No. 11477 in the Central Plan Register, the designation of Tasmanian Railway Pty Ltd (CAN 139 383 761) as Rail Infrastructure Owner is revoked.\n> \n> > (2)  All rail infrastructure associated with that portion of railway is transferred to the Crown.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 6 November 2024\n\nThis order is administered in the Department of State Growth.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Order performs exactly the function intended by the empowering provisions of the Rail Infrastructure Act 2007 — namely, to designate and revoke designations of rail infrastructure ownership. There is no scope creep; it is a precise, surgical amendment affecting a single railway segment."},"complexity_factors":["Extremely short — only 6 clauses, with clause 5 being a mere administrative note about incorporation into the authorised version","Only one substantive operative provision (clause 6) containing the actual legal effect","Minimal defined terms — relies entirely on external definitions from the Principal Act and standard interpretation rules","No nested conditions, exceptions, or cross-references beyond basic machinery provisions (commencement, interpretation, citation)","Single transaction scope — affects only one identified parcel of land (Plan No. 11477) and one corporate entity"],"plain_english_summary":"**What this legislation does:**\n\nThis Order makes a specific change to who owns a particular piece of railway track in Tasmania. It strips Tasmanian Railway Pty Ltd of its status as \"Rail Infrastructure Owner\" for a specific section of railway (identified as \"Plan No. 11477\" in the Central Plan Register). Once that designation is removed, all the railway infrastructure on that section — tracks, signals, bridges, and other equipment — automatically transfers to the Crown (meaning the Tasmanian Government takes ownership).\n\n**Who it affects:**\n\n- **Tasmanian Railway Pty Ltd** — loses ownership rights over this specific railway section\n- **The Tasmanian Government** — gains ownership of the rail infrastructure\n- **Railway users and operators** — may see changes in who manages or maintains this track, though day-to-day operations may continue unchanged\n\n**Why it matters:**\n\nThis is a technical but significant property transfer. When private or corporate ownership of critical infrastructure ends, the government typically steps in to ensure continued service, safety, and public access. This kind of \"revocation and transfer\" power is common in rail legislation — it allows governments to reclaim essential transport infrastructure when commercial arrangements break down, companies become insolvent, or public interest requires government control.\n\nThe Order operates under the *Rail Infrastructure Act 2007* (Tasmania), which sets the rules for who can own and operate rail networks in the state."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The order changes the statutory ownership scope under the Rail Infrastructure Act 2007 by removing Tasmanian Railway Pty Ltd as the designated Rail Infrastructure Owner for the portion shown in Plan No. 11477 and transferring that portion to the Crown (cl. 6(1)–(2)). The change is narrow and spatially limited to the Plan No. 11477 parcel, takes effect on Gazettal (cl. 2), and is to be administered by the Department of State Growth; the order does not specify handling of existing liabilities, encumbrances or compensation, leaving those questions for implementing arrangements (not specified in the instrument)."},"complexity_factors":["Targeted, single-action change: revocation of an owner designation and transfer of infrastructure limited to the portion in Plan No. 11477 (cl. 6(1)–(2)).","Immediate legal effect on Gazettal day, creating short implementation lead time (cl. 2).","Interpretive framework: Acts Interpretation Act 1931 applies to construction of the order, affecting how terms and timings are read (cl. 3).","Formal incorporation: amendment is recorded as incorporated into the authorised version of the Rail Infrastructure Act 2007, affecting statutory record-keeping (cl. 5).","Operational administration is assigned to the Department of State Growth (instrument footer), concentrating implementation decisions in one agency.","Reliance on an external map/plan (Plan No. 11477 in the Central Plan Register) to define physical scope creates a need to consult cadastral records (cl. 6(1)).","Instrument is silent on transitional matters (liabilities, existing encumbrances, compensation or contractual novation), producing implementation uncertainty that administrative action must resolve (not specified in the order)."],"plain_english_summary":"This order revokes Tasmanian Railway Pty Ltd’s designation as Rail Infrastructure Owner for the railway portion shown in Plan No. 11477 and transfers all rail infrastructure for that portion to the Crown. It takes effect on Gazette notification and is administered by the Department of State Growth. The change shifts ownership, control and responsibilities for that specified rail segment."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this instrument changed from its original intent. It appears to be a straightforward administrative designation order that has remained current and unamended since it came into force on 6 November 2024. However, the Table of Amendments link suggests amendments may exist and could not be fully assessed from the provided content."},"complexity_factors":["The instrument itself is likely short and technical in nature, but its effect depends on understanding the parent legislation (Rail Infrastructure Act or similar) which adds interpretive complexity","Determining which specific assets are captured requires cross-referencing with maps, schedules, or other technical documents not visible here","The legal consequences of designation (access regimes, liability, safety duties) are complex even if the order itself is brief","Limited content was provided — only metadata is visible, preventing full complexity assessment"],"plain_english_summary":"The Rail Infrastructure (Rail Network) Order 2024 (Tasmania) formally defines which lines and assets are treated as the regulated “rail network” under Tasmanian law. That classification determines who can access tracks and who bears safety, maintenance and other legal obligations.\n\nIt chiefly affects rail operators (including TasRail), government transport agencies and businesses relying on freight rail. Note: the supplied document shows only status/metadata—the specific assets declared are not visible, so this summary reflects the order’s typical legal effect."}},"importantCases":[],"_links":{"self":"/api/acts/rail-infrastructure-rail-network-order-2024","history":"/api/acts/rail-infrastructure-rail-network-order-2024/history","analysis":"/api/acts/rail-infrastructure-rail-network-order-2024/analysis","conflicts":"/api/acts/rail-infrastructure-rail-network-order-2024/conflicts","importantCases":"/api/acts/rail-infrastructure-rail-network-order-2024/important-cases","documents":"/api/acts/rail-infrastructure-rail-network-order-2024/documents"}}