{"id":"tas:sr-2021-105","name":"Strategic Infrastructure Corridors (Strategic and Recreational Use) (Transfer of Rail Infrastructure - Derwent Valley Corridor from Third Avenue to Back River Road) Notice 2021","slug":"strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"105 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182446,"registerId":"tas-tas:sr-2021-105-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 notice may be cited as the [Strategic Infrastructure Corridors (Strategic and Recreational Use) (Transfer of Rail Infrastructure - Derwent Valley Corridor from Third Avenue to Back River Road) Notice 2021](/view/html/inforce/2026-04-12/sr-2021-105) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This notice takes effect on 17 December 2021.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Transfer of rail infrastructure","content":"### 3 Transfer of rail infrastructure\n\n> All rail infrastructure that is situated on the corridor named the Derwent Valley Corridor from Third Avenue to Back River Road 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 8 December 2021\n\nThis notice is administered in the Department of State Growth.","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument effects a change in legal ownership and administrative responsibility by transferring all rail infrastructure on the named Derwent Valley Corridor segment to the Crown (s3). The notice does not specify compensation, liability allocation or definitions, so practical scope and downstream obligations may require further measures."},"complexity_factors":["Single, narrowly framed statutory transfer (single corridor segment) — low procedural complexity.","Clear, immediate commencement date (17 December 2021) creates prompt effect and limited transition complexity (s2).","Unqualified transfer of 'all rail infrastructure' within named corridor makes legal scope precise but broad in asset content (s3).","No express provision in the notice about compensation, liability allocation, or definitions of 'rail infrastructure' — potential legal and administrative uncertainty.","Administrative responsibility specified (administered by Department of State Growth) concentrates decision-making and operational discretion.","Practical impacts depend on existing contracts, easements or licences not addressed in the notice, requiring follow-up action by administrators and stakeholders."],"plain_english_summary":"This notice transfers ownership of all rail infrastructure on the Derwent Valley Corridor between Third Avenue and Back River Road to the Crown, effective 17 December 2021. It affects prior owners, any operators and users by shifting control, maintenance responsibility, and likely costs and liabilities to the Crown, and the corridor is to be administered by the Department of State Growth."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The notice appears to operate within its stated intent — transferring a defined segment of rail infrastructure for dual strategic and recreational purposes. There is no evidence of scope creep or deviation from the original policy objective of repurposing disused rail corridors."},"complexity_factors":["Requires cross-referencing with the parent Act (Strategic Infrastructure Corridors Act) to understand the full legal effect","The precise legal boundaries of the transfer (Third Avenue to Back River Road) require local geographic knowledge to interpret practically","The dual-purpose framing (strategic AND recreational use) may create ambiguity about which use takes priority","Short notice format means much of the operative legal content exists in the enabling legislation rather than the notice itself"],"plain_english_summary":"This notice formally transfers ownership/management of rail infrastructure along the Derwent Valley corridor from Third Avenue to Back River Road. It affects Tasmanian government agencies, local communities, and anyone with interests in that land or assets.\n\nThe transfer matters because it changes legal responsibility for the corridor, enabling its preservation for future infrastructure needs or repurposing for community recreational uses such as trails."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This notice appears to serve its original, narrow purpose: transferring specific rail infrastructure to government ownership. There is no evidence of scope creep as the document is a single-purpose administrative instrument."},"complexity_factors":["Extremely short document (only 3 substantive sections)","No defined terms section","No cross-references to other legislation (except citation of the Rules Publication Act 1953 in the administrative footer)","Single, straightforward operative provision with no conditions, exceptions, or nested logic","No procedural requirements or compliance obligations","Plain language operative clause ('All rail infrastructure... is transferred to the Crown')"],"plain_english_summary":"This is a short, technical notice that transfers ownership of railway tracks and related equipment from whoever currently owns them to the Tasmanian Government (the Crown). Specifically, it covers the rail infrastructure along a section of the Derwent Valley Corridor in Tasmania, running from Third Avenue to Back River Road. This transfer allows the government to take control of this former railway line, likely as a step toward converting it for public recreational use (such as a walking or cycling trail) or other strategic purposes. It affects the previous owner of the rail infrastructure (likely a railway company or authority) and potentially the public who may gain access to this corridor for recreation."},"issue_detection":{"absurdities":[{"type":"other","section":"Title/Header","severity":"medium","reasoning":"Every heading appears twice consecutively (e.g., 'Strategic Infrastructure Corridors...' appears four times, 'Status Information' appears four times, 'Currency of version' appears four times, etc.). While this may be a rendering artefact, if this reflects the actual instrument, it creates interpretive ambiguity as to which instance is authoritative and whether the duplication was intentional.","confidence":0.65,"description":"The document title and all major headings are duplicated verbatim throughout the document, suggesting a serious structural or formatting defect in the legislative instrument itself."},{"type":"other","section":"Status Information - Authorisation","severity":"low","reasoning":"If the file was last modified 8 December 2021 but only came into force on 17 December 2021, the 'last modified' date likely refers to the drafting file rather than the commencement. However, the instrument as presented provides no explanation for the nine-day gap, and no amending instruments are visible in the text to account for any changes between modification and commencement. This creates minor but genuine uncertainty about what version was in force on commencement.","confidence":0.55,"description":"The file is stated to have been last modified on 8 December 2021, yet the version is stated as current from 17 December 2021. This creates a logical impossibility: a file cannot be authoritative from a date nine days after it was last modified without some intervening action being recorded."},{"type":"impossible_compliance","section":"Title","severity":"high","reasoning":"A legislative notice that purports to effect a legal transfer of rail infrastructure must contain operative provisions identifying what is transferred, to whom, under what conditions, and on what terms. None of this content appears. Without operative provisions, the instrument cannot achieve its stated purpose. Any person subject to, or relying upon, this instrument cannot comply with or enforce it. This is either a catastrophic drafting omission or a rendering failure, but in either case the instrument as presented is legally inoperative.","confidence":0.85,"description":"The Notice purports to transfer 'Rail Infrastructure' within a corridor defined as being for 'Strategic and Recreational Use', yet the entire substantive operative content of the instrument — the actual transfer provisions, conditions, definitions of the corridor, and any obligations — is entirely absent from the document as presented."},{"type":"other","section":"Status Information - Currency","severity":"low","reasoning":"The currency assurance is self-referential and unverifiable within the four corners of the document. A reader relying solely on this instrument cannot determine whether the version is complete and current, undermining the reliability guarantee the statement purports to provide.","confidence":0.6,"description":"The instrument states it is 'usually updated within 3 working days after a change to the legislation', yet the Table of Amending Instruments is referenced but not reproduced, making it impossible to verify from this document whether any amendments have in fact been incorporated or whether the version presented is current."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 8 December 2021","section_b":"Status Information - Version current from 17 December 2021","confidence":0.6,"description":"The instrument records a last modification date of 8 December 2021 but a commencement/currency date of 17 December 2021, creating an internal temporal contradiction: the document was apparently finalised nine days before it officially came into existence as a current version."},{"severity":"medium","section_a":"Title - 'Transfer of Rail Infrastructure'","section_b":"Title - 'Strategic and Recreational Use'","confidence":0.5,"description":"The instrument's title simultaneously characterises the corridor as being for 'Strategic and Recreational Use' while purporting to effect a 'Transfer of Rail Infrastructure'. Rail infrastructure transfer implies potential removal or repurposing of rail assets, which may be inherently inconsistent with ongoing 'Strategic' use of the corridor for rail purposes, creating a tension as to whether the transfer preserves, diminishes, or extinguishes the strategic rail use characterisation."}]}},"importantCases":[],"_links":{"self":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de","history":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de/history","analysis":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de/analysis","conflicts":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de/conflicts","importantCases":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de/important-cases","documents":"/api/acts/strategic-infrastructure-corridors-strategic-and-recreational-use-transfer-of-rail-infrastructure-de/documents"}}