{"id":"nsw:act-1983-112","name":"Railway Construction (Maldon to Port Kembla) Act 1983","slug":"railway-construction-maldon-to-port-kembla-act-1983","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"112 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107869,"registerId":"nsw-act-1983-112-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Railway Construction (Maldon to Port Kembla) Act 1983](/view/html/inforce/current/act-1983-112).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n2 Interpretation\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > scheduled work means the work described in Schedule 1, subject to such modifications and deviations as may be deemed necessary or desirable by the Authority.\n> > \n> > the Authority means Transport for NSW and the Transport Asset Manager of New South Wales.\n> \n> > (2) The site of the work described in Schedule 1 is as shown on the plan marked “State Rail Authority of New South Wales Maldon to Dombarton to Port Kembla Scheduled Plan No 2014/50,604” sealed with the seal of the Authority, countersigned by the Chief Civil Engineer of the Authority, and deposited in the office of the Authority.\n> \n> **s 2:** Am 2003 No 96, Sch 3.14; 2017 No 12, Schs 1.15, 2.7; 2024 No 58, Sch 2.3.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Scheduled work sanctioned","content":"#### 3 Scheduled work sanctioned\n\n3 Scheduled work sanctioned\n\n> > (1) The carrying out of the scheduled work is hereby sanctioned.\n> \n> > (2) The Authority is empowered to carry out the scheduled work and for the purpose of so doing may do all such things, including entering into contracts, as it may consider necessary.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Cost of scheduled work","content":"#### 4 Cost of scheduled work\n\n4 Cost of scheduled work\n\n> The cost of carrying out the scheduled work which, exclusive of amounts paid in connection with the acquisition of land, is estimated at $160,000,000 shall not exceed that amount by more than 10 per cent.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Public Works Act 1912","content":"#### 5 Application of Public Works Act 1912\n\n5 Application of [Public Works Act 1912](/view/html/inforce/current/act-1912-045)\n\n> > (1) The scheduled work shall be deemed to be an authorised work within the meaning of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) (in this section referred to as the Act).\n> \n> > (2) For the purpose of the scheduled work, the Authority shall be the Constructing Authority within the meaning of the Act.\n> \n> > (3) The provisions of the Act, other than sections 34, 35, 36, 37, 47, 48, 49, 91 (b), 126 (3), 151 and 153, shall apply to and in respect of the scheduled work.\n> \n> > (4) Notwithstanding the exclusion by subsection (3) of the provisions of section 91 (b) of the Act to and in respect of the scheduled work, the Authority may in its discretion make and maintain such fences in connection with the scheduled work as it thinks fit.\n> \n> > (5) Without prejudice to the generality of the other provisions of this section, the provisions of section 38 of the Act shall apply to and in respect of a contract to be made under section 3 (2).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of other Acts","content":"#### 6 Application of other Acts\n\n6 Application of other Acts\n\n> > (1) Notwithstanding the provisions of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), of any regulation made under that Act, of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or an environmental planning instrument within the meaning of that Act, or of any other Act—\n> > \n> > > (a) the land acquired for the scheduled work may be used in connection with the scheduled work for such purposes as the Authority determines, and\n> > \n> > > (b) structures, complying with such specifications as the Authority approves, may be erected on the land referred to in paragraph (a).\n> \n> > (2) Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), applies to and in respect of any act, matter or thing done or intended to be done pursuant to this Act (being an act, matter or thing which is an activity as defined in paragraph (a), (b) or (c) of the definition of activity in section 110 of that Act) and, for the purposes of that application, the Authority is the determining authority within the meaning of that Part.\n> \n> **s 6:** Am 1997 No 152, Sch 4.31 \\[1\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Construction in proximity to roads","content":"#### 7 Construction in proximity to roads\n\n7 Construction in proximity to roads\n\n> The scheduled work may be constructed on, over, under, along or by the side of a road if it is to be so constructed solely for the purpose of allowing the scheduled work to cross the road.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Protective and safety devices at level crossings","content":"#### 8 Protective and safety devices at level crossings\n\n8 Protective and safety devices at level crossings\n\n> If the scheduled work crosses a road on the level, the Authority as the Constructing Authority shall install such protective and safety devices at the crossing as it deems requisite or expedient.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Closing of roads","content":"#### 9 Closing of roads\n\n9 Closing of roads\n\n> > (1) Notwithstanding any provision of the [Crown and Other Roads Act 1990](/view/pdf/asmade/act-1990-54), the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), or any other Act, where a road is or may be affected by the construction of the scheduled work the Authority may, with the approval of the Governor, by notice published in the Gazette close such part or parts of the road as is or are specified in the notice.\n> \n> > (2) A notice referred to in subsection (1) shall not be published unless the Governor is satisfied—\n> > \n> > > (a) that no person will be denied reasonable access to land by virtue of the closure or partial closure of the road, or\n> > \n> > > (b) that, where a person is denied access to land along the road that is proposed to be closed or partially closed, a road providing reasonable access to that land is permanently available or has been provided by the Authority.\n> \n> > (3) Upon publication in the Gazette of a notice referred to in subsection (1), any dedication as a public road of the land specified in the notice shall absolutely cease and determine and the rights of any person to use the land specified in the notice or any part of that land for the purpose of a road shall be extinguished.\n> \n> > (4) The land specified in the notice referred to in subsection (1) shall, upon publication of the notice, vest in the Authority as Constructing Authority.\n> \n> > (5) No claim against the Authority, whether as Constructing Authority or otherwise, for compensation shall arise from anything done by it under subsection (1) or from or in respect of the vesting under subsection (4).\n> \n> **s 9:** Am 1990 No 55, Sch 1.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Maintenance of roads and bridges","content":"#### 10 Maintenance of roads and bridges\n\n10 Maintenance of roads and bridges\n\n> > (1) Where the scheduled work—\n> > \n> > > (a) crosses a road on the level,\n> > \n> > > (b) is carried over a road, or\n> > \n> > > (c) is carried under a road,\n> > \n> > the maintenance of, and any future paving, kerbing, guttering, roadmaking, draining and other construction of a like or different nature in relation to, any such road—\n> > \n> > > (d) in a case to which paragraph (a) applies, up to the sleeper ends on each side of the scheduled work,\n> > \n> > > (e) in a case to which paragraph (b) applies, that is under the scheduled work, excluding the bridge or structure or any part of the bridge or structure that carries the scheduled work, and\n> > \n> > > (f) in a case to which paragraph (c) applies, that is carried over the scheduled work,\n> > \n> > shall, after the completion of the scheduled work, be undertaken without expense to the Authority by the council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)), the Commissioner for Main Roads or any other authority, as the case may be, that would have been responsible for the road if the scheduled work had not been constructed, notwithstanding that the road may have been or be wholly or partly vested in the Authority.\n> \n> > (2) Where the scheduled work is carried under a road, the whole or a portion of a bridge or structure over which the road runs, or of an approach to the bridge or structure, that is not within the land required for or for the purposes of the scheduled work as a railway may be dedicated as a public road under the [Crown and Other Roads Act 1990](/view/pdf/asmade/act-1990-54), or as a public highway under section 81 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045).\n> \n> > (3) A dedication referred to in subsection (2) of the whole or a portion of a bridge or structure over which a State highway or main road runs or of an approach to the bridge or structure shall have the same effect as if the whole or the portion, as the case may be, had been proclaimed by the Governor as a State highway or main road under the [Main Roads Act 1924](/view/pdf/asmade/act-1924-24).\n> \n> **s 10:** Am 1990 No 55, Sch 1; 1997 No 152, Sch 4.31 \\[2\\]; 2004 No 91, Sch 2.67.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Exclusion of certain laws and claims","content":"#### 11 Exclusion of certain laws and claims\n\n11 Exclusion of certain laws and claims\n\n> Notwithstanding any provision in any Act, or any other law to the contrary—\n> \n> > (a) it shall not be necessary for the Authority, its servants or its agents or any contractor to give notice of an intention to blast any rock in connection with the construction of the scheduled work, and\n> \n> > (b) the Authority, its servants or its agents or any contractor shall not be liable to have an injunction issued to restrain any of them from causing or continuing to cause any nuisance by any such blasting or by any other operation necessary or proper in connection with the construction of the scheduled work.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Validation","content":"#### 12 Validation\n\n12 Validation\n\n> Any act, matter or thing done at any time before the commencement of this Act by the Authority, being an act, matter or thing which could lawfully have been done by the Authority had this Act been in force at that time is hereby validated.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Description of works","content":"# Schedule 1 Description of works\n\nSchedule 1 Description of works\n\n(Section 2)","sortOrder":12}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1983 Act was framed around authorising railway *construction*. However, the fact that it has been repeatedly amended and remains in force over 40 years after the railway would have been built strongly suggests its scope has broadened to cover the ongoing *operation, management, and maintenance* of the railway, not merely its initial construction. The multiple amendments — particularly in 2017 and 2020 — align with broader NSW transport sector restructuring, indicating the Act's administrative reach has likely expanded beyond its original construction-focused intent."},"complexity_factors":["The actual legislative text was not provided — only metadata and navigation elements from the NSW legislation website were included, limiting detailed analysis","The Act has been amended multiple times across decades (1998, 2004, 2017, 2020, 2025), meaning its current form may differ significantly from the original 1983 version","Infrastructure legislation of this type typically involves land acquisition powers (compulsory acquisition), environmental obligations, and interplay with multiple other Acts, adding moderate complexity","The long operational lifespan suggests the Act's purpose has evolved beyond simple construction authorisation, potentially adding administrative and operational provisions over time","Jurisdictional overlap between NSW State law and Commonwealth transport/port regulations may create complexity for affected parties"],"plain_english_summary":"The Railway Construction (Maldon to Port Kembla) Act 1983 authorises the build and legal basis of a dedicated freight rail link between Maldon and Port Kembla, primarily to move bulk goods (notably coal and steel-related materials). It affects freight operators, port and resource industries, landowners and communities along the corridor, and the NSW agencies that manage the rail network.\n\nRemaining in force and amended several times, the Act still underpins the railway’s operation, maintenance and management for port and industrial freight."},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's core authorisation—to construct the Maldon–Port Kembla railway described in Schedule 1—remains. Amendments recorded in the text adjust agency names and the statutory interface with other laws (for example, the Authority definition in s 2 and application/exclusion of other Acts in ss 5–6), altering administrative and procedural scope without removing the primary construction mandate."},"complexity_factors":["Selective incorporation and exclusion of provisions of the Public Works Act 1912 (s 5(3)) creating a hybrid regulatory regime.","Broad Authority discretion to modify the scheduled work and to determine land use and approved structures (s 2 definition of scheduled work; s 6(1)).","Governor-approved road closure power that extinguishes public road dedication and bars compensation claims (s 9(1)–(5)).","Explicit financial constraint: construction cost cap of $160,000,000 excluding land acquisition, with a 10% overrun limit (s 4).","Interface with planning law where the Authority is the determining authority under Part 5 of the Environmental Planning and Assessment Act 1979 (s 6(2)).","Operational legal protections: no requirement to give blasting notices and immunity from injunctions against nuisance from construction operations (s 11).","Substantial technical and geographic specificity set out in Schedule 1 (Schedule 1 Description of works).","Multiple later amendments changing administrative references and cross-references, requiring attention to updated definitions and annotations (see notes to s 2, s 6, s 10)."],"plain_english_summary":"Authorises Transport for NSW to build and equip the railway line described in Schedule 1 from Maldon to Port Kembla, including sidings, duplication and power works. The Act gives the Authority powers to enter contracts, use and vest land, close roads with Governor approval, apply parts of public works and planning laws subject to stated exclusions, caps construction cost at $160,000,000 plus 10%, and limits compensation and injunction remedies for construction activities."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1983 Act authorised construction of a specific railway line with a $160 million budget. Over 40 years of amendments, the scope has shifted administratively: the constructing authority has changed from State Rail Authority to Rail Infrastructure Corporation to Transport for NSW and the Transport Asset Manager. The 2024 amendment suggests the legislation remains active for a railway that has not been completed despite four decades, indicating the original construction timeline and possibly the engineering scope have evolved significantly beyond initial intent. The Act now serves as an enduring statutory framework rather than a time-limited construction approval."},"complexity_factors":["Only 1 defined term in the interpretation section ('scheduled work'), though 'the Authority' is also defined with a compound definition referencing two separate entities","Extensive cross-referencing to other Acts: Public Works Act 1912 (with specific sections excluded), Local Government Act 1993, Environmental Planning and Assessment Act 1979, Crown and Other Roads Act 1990, Main Roads Act 1924","Nested conditional logic in section 9 (road closures) requiring Governor approval plus satisfaction of access conditions","Section 10 contains complex spatial descriptions dividing maintenance responsibilities based on whether railway crosses over, under, or at level with roads","Multiple amendments over 40 years (1983, 1990, 1997, 2003, 2004, 2017, 2024) updating authority names and cross-references to successor legislation","Schedule 1 contains detailed geographical description with approximate distances and reference to specific land parcels (Portions 55 and 61)"],"plain_english_summary":"This law authorises the construction of a major new railway line in New South Wales, running from Maldon (near Picton) to Port Kembla in the Illawarra region — a total distance of about 51 kilometres.\n\n**What it does:**\n- **Gives the green light** to Transport for NSW (called \"the Authority\") to build the railway, including tracks, sidings, power lines, and loading facilities.\n- **Sets a budget cap** of $160 million (with a 10% buffer allowed).\n- **Overrides normal planning rules** — the railway doesn't need council approval or environmental planning permits that would normally apply. It also bypasses usual blasting notification requirements and protects the builder from being sued for \"nuisance\" (like noise or dust during construction).\n- **Lets the Authority close public roads** if needed for the railway, provided people still have reasonable access to their land.\n- **Splits maintenance responsibilities** — local councils or road authorities must maintain roads that cross over, under, or alongside the railway, even if the railway company technically owns the land.\n\n**Who it affects:**\n- Residents and landowners near the route (Parishes of Picton, Wilton, Banksia, Dendrobium, Wongawilli and Kembla).\n- Local councils, who lose some planning control and gain road maintenance duties.\n- Transport for NSW, which gets broad powers to acquire land, contract builders, and modify the route as needed.\n\n**Why it matters:**\nThis is a \"special case\" law that fast-tracks major infrastructure by removing usual legal hurdles. It reflects a political decision to prioritise this railway over standard environmental and planning safeguards, while also protecting the builder from legal challenges that might delay construction."}},"importantCases":[],"_links":{"self":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983","history":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983/history","analysis":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983/analysis","conflicts":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983/conflicts","importantCases":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983/important-cases","documents":"/api/acts/railway-construction-maldon-to-port-kembla-act-1983/documents"}}