{"id":"qld:act-2012-032","name":"Surat Basin Rail (Infrastructure Development and Management) Act 2012","slug":"surat-basin-rail-infrastructure-development-and-management-act-2012","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"32 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29764,"registerId":"qld-act-2012-032-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Surat Basin Rail (Infrastructure Development and Management) Act 2012 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act and its achievement","content":"### sec.3 Object of Act and its achievement\n\nThe object of this Act is to facilitate the development and operation of the railway.\nThe object is intended to be achieved primarily by—\nproviding that particular provisions of the Land Title Act 1994 and the Property Law Act 2023 do not apply to a railway lease declared under part 2 to be an exempt lease; and\nproviding a framework to—\nallow the railway to be constructed and maintained in an effective and efficient way; and\nallow railway operators to operate rolling stock on the railway in an effective and efficient way; and\nallow railway managers to manage rail transport infrastructure in an effective and efficient way; and\nallow the railway to be managed and operated in an effective and efficient way; and\nproviding for the safety of the railway and persons at, on or near the railway by imposing requirements and establishing offences directed at ensuring the safety.\ns 3 amd 2023 No. 27 s 289 sch 3\n(sec.3-ssec.1) The object of this Act is to facilitate the development and operation of the railway.\n(sec.3-ssec.2) The object is intended to be achieved primarily by— providing that particular provisions of the Land Title Act 1994 and the Property Law Act 2023 do not apply to a railway lease declared under part 2 to be an exempt lease; and providing a framework to— allow the railway to be constructed and maintained in an effective and efficient way; and allow railway operators to operate rolling stock on the railway in an effective and efficient way; and allow railway managers to manage rail transport infrastructure in an effective and efficient way; and allow the railway to be managed and operated in an effective and efficient way; and providing for the safety of the railway and persons at, on or near the railway by imposing requirements and establishing offences directed at ensuring the safety.\n- (a) providing that particular provisions of the Land Title Act 1994 and the Property Law Act 2023 do not apply to a railway lease declared under part 2 to be an exempt lease; and\n- (b) providing a framework to— (i) allow the railway to be constructed and maintained in an effective and efficient way; and (ii) allow railway operators to operate rolling stock on the railway in an effective and efficient way; and (iii) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and (iv) allow the railway to be managed and operated in an effective and efficient way; and\n- (i) allow the railway to be constructed and maintained in an effective and efficient way; and\n- (ii) allow railway operators to operate rolling stock on the railway in an effective and efficient way; and\n- (iii) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and\n- (iv) allow the railway to be managed and operated in an effective and efficient way; and\n- (c) providing for the safety of the railway and persons at, on or near the railway by imposing requirements and establishing offences directed at ensuring the safety.\n- (i) allow the railway to be constructed and maintained in an effective and efficient way; and\n- (ii) allow railway operators to operate rolling stock on the railway in an effective and efficient way; and\n- (iii) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and\n- (iv) allow the railway to be managed and operated in an effective and efficient way; and","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of railway","content":"### sec.5 Meaning of railway\n\nRailway means the railway and rail transport infrastructure situated, or proposed to be situated, within the Surat Basin rail corridor land.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of railway works","content":"### sec.6 Meaning of railway works\n\nRailway works means works for constructing, maintaining, altering or operating the railway.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of Surat Basin rail corridor land","content":"### sec.7 Meaning of Surat Basin rail corridor land\n\nSurat Basin rail corridor land means land that is—\nwithin the area declared as the Surat Basin Infrastructure Corridor State Development Area under the State Development and Public Works Organisation Act 1971 ; and\nowned by the Coordinator-General; and\nprescribed under a regulation to be Surat Basin rail corridor land.\n- (a) within the area declared as the Surat Basin Infrastructure Corridor State Development Area under the State Development and Public Works Organisation Act 1971 ; and\n- (b) owned by the Coordinator-General; and\n- (c) prescribed under a regulation to be Surat Basin rail corridor land.","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Exempt leases","content":"# Exempt leases","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Declaration of exempt lease","content":"### sec.8 Declaration of exempt lease\n\nThe Minister may, by written instrument, declare a railway lease to be an exempt lease.\nAs soon as practicable after making the instrument, the Minister must give a copy of it to the railway lessee.\nWithin 21 days after making the instrument, the Minister must publish a gazette notice setting out the declaration contained in the instrument.\nFailure to comply with subsection (2) or (3) does not affect the validity of the instrument.\n(sec.8-ssec.1) The Minister may, by written instrument, declare a railway lease to be an exempt lease.\n(sec.8-ssec.2) As soon as practicable after making the instrument, the Minister must give a copy of it to the railway lessee.\n(sec.8-ssec.3) Within 21 days after making the instrument, the Minister must publish a gazette notice setting out the declaration contained in the instrument.\n(sec.8-ssec.4) Failure to comply with subsection (2) or (3) does not affect the validity of the instrument.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Non-application of provisions of Land Title Act 1994 and Property Law Act 2023","content":"### sec.9 Non-application of provisions of Land Title Act 1994 and Property Law Act 2023\n\nThe following provisions do not apply to a lease declared to be an exempt lease under section 8 —\nthe Land Title Act 1994 , section 67 (3) (a) ;\nthe Property Law Act 2023 , section 142 and part 9 , division 5 .\ns 9 amd 2023 No. 27 s 289 sch 3\n- (a) the Land Title Act 1994 , section 67 (3) (a) ;\n- (b) the Property Law Act 2023 , section 142 and part 9 , division 5 .","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Entering land and carrying out activities for railway works or investigations of land","content":"# Entering land and carrying out activities for railway works or investigations of land","sortOrder":13},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.10 Definitions for pt 3\n\nIn this part—\nassociated person —\nof the Coordinator-General, means any of the following—\na person who is an agent of, or contractor for, the Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22 ;\nan employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i) ;\nif a person mentioned in subparagraph (i) is a corporation—the corporation’s chief executive, secretary or directors; and\nof an authorised person, means any of the following—\nif the authorised person is a corporation—the corporation’s chief executive, secretary or directors;\nthe authorised person’s employees or partners who are individuals;\na person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person’s authority;\nan employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii) ;\nif a person mentioned in subparagraph (iii) is a corporation—the corporation’s chief executive, secretary or directors.\nauthorised person means a person who holds a works authority or an investigation authority.\ninvestigation authority see section 15 (1) (a) .\nworks authority see section 14 (1) (a) .\n- (a) of the Coordinator-General, means any of the following— (i) a person who is an agent of, or contractor for, the Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22 ; (ii) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i) ; (iii) if a person mentioned in subparagraph (i) is a corporation—the corporation’s chief executive, secretary or directors; and\n- (i) a person who is an agent of, or contractor for, the Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22 ;\n- (ii) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i) ;\n- (iii) if a person mentioned in subparagraph (i) is a corporation—the corporation’s chief executive, secretary or directors; and\n- (b) of an authorised person, means any of the following— (i) if the authorised person is a corporation—the corporation’s chief executive, secretary or directors; (ii) the authorised person’s employees or partners who are individuals; (iii) a person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person’s authority; (iv) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii) ; (v) if a person mentioned in subparagraph (iii) is a corporation—the corporation’s chief executive, secretary or directors.\n- (i) if the authorised person is a corporation—the corporation’s chief executive, secretary or directors;\n- (ii) the authorised person’s employees or partners who are individuals;\n- (iii) a person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person’s authority;\n- (iv) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii) ;\n- (v) if a person mentioned in subparagraph (iii) is a corporation—the corporation’s chief executive, secretary or directors.\n- (i) a person who is an agent of, or contractor for, the Coordinator-General, and engaged in writing by the Coordinator-General to carry out activities under sections 20 or 22 ;\n- (ii) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (i) ;\n- (iii) if a person mentioned in subparagraph (i) is a corporation—the corporation’s chief executive, secretary or directors; and\n- (i) if the authorised person is a corporation—the corporation’s chief executive, secretary or directors;\n- (ii) the authorised person’s employees or partners who are individuals;\n- (iii) a person who is an agent of, or contractor for, the authorised person, and engaged in writing for the purposes of the authorised person’s authority;\n- (iv) an employee of, or a contractor for, an agent or contractor mentioned in subparagraph (iii) ;\n- (v) if a person mentioned in subparagraph (iii) is a corporation—the corporation’s chief executive, secretary or directors.","sortOrder":15},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Applications for works authority or investigation authority","content":"## Applications for works authority or investigation authority","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Operation of div 2","content":"### sec.11 Operation of div 2\n\nThis division provides for the railway licensee, railway lessee or a railway manager to apply for a works authority or investigation authority.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"How to apply for works authority or investigation authority","content":"### sec.12 How to apply for works authority or investigation authority\n\nThe railway licensee, railway lessee or a railway manager may apply to the Coordinator-General for an authority—\nto enter land adjacent to the Surat Basin rail corridor land, and carry out activities mentioned in section 20 , for carrying out railway works; or\nto enter any land, and carry out activities mentioned in section 22 , for investigating the potential suitability of land as an expansion or realignment of the Surat Basin rail corridor land.\nThe applicant must consult with the owner or occupier of the land about the proposed entry before applying for the authority.\nThe application must state—\nthe land proposed to be entered under the authority; and\nthe purpose of the authority; and\ndetails of the nature of the activities proposed to be conducted on the land; and\nthe period for which the authority is sought; and\ndetails of the applicant’s consultation with the owner or occupier of the land.\n(sec.12-ssec.1) The railway licensee, railway lessee or a railway manager may apply to the Coordinator-General for an authority— to enter land adjacent to the Surat Basin rail corridor land, and carry out activities mentioned in section 20 , for carrying out railway works; or to enter any land, and carry out activities mentioned in section 22 , for investigating the potential suitability of land as an expansion or realignment of the Surat Basin rail corridor land.\n(sec.12-ssec.2) The applicant must consult with the owner or occupier of the land about the proposed entry before applying for the authority.\n(sec.12-ssec.3) The application must state— the land proposed to be entered under the authority; and the purpose of the authority; and details of the nature of the activities proposed to be conducted on the land; and the period for which the authority is sought; and details of the applicant’s consultation with the owner or occupier of the land.\n- (a) to enter land adjacent to the Surat Basin rail corridor land, and carry out activities mentioned in section 20 , for carrying out railway works; or\n- (b) to enter any land, and carry out activities mentioned in section 22 , for investigating the potential suitability of land as an expansion or realignment of the Surat Basin rail corridor land.\n- (a) the land proposed to be entered under the authority; and\n- (b) the purpose of the authority; and\n- (c) details of the nature of the activities proposed to be conducted on the land; and\n- (d) the period for which the authority is sought; and\n- (e) details of the applicant’s consultation with the owner or occupier of the land.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Additional information for application","content":"### sec.13 Additional information for application\n\nThe Coordinator-General may—\nmake inquiries to decide the application; and\nask the applicant to give the Coordinator-General additional information the Coordinator-General considers relevant to decide the application.\nTo decide the application, the Coordinator-General may consider any information the Coordinator-General considers relevant.\n(sec.13-ssec.1) The Coordinator-General may— make inquiries to decide the application; and ask the applicant to give the Coordinator-General additional information the Coordinator-General considers relevant to decide the application.\n(sec.13-ssec.2) To decide the application, the Coordinator-General may consider any information the Coordinator-General considers relevant.\n- (a) make inquiries to decide the application; and\n- (b) ask the applicant to give the Coordinator-General additional information the Coordinator-General considers relevant to decide the application.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Granting works authority","content":"### sec.14 Granting works authority\n\nThe Coordinator-General may, for an application under section 12 (1) (a) , decide to—\ngrant an authority (a works authority ), with or without conditions; or\nrefuse to grant the works authority.\nThe Coordinator-General must not grant the works authority unless satisfied the applicant has made reasonable efforts to consult with the owner or occupier of the land to be entered under the authority.\nIf the Coordinator-General refuses to grant the works authority, the Coordinator-General must give the applicant written reasons for the decision.\nWithout limiting subsection (1) (a) , a condition may require the applicant to give a bond or security deposit to the Coordinator-General.\nThe works authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for carrying out railway works.\nThe works authority remains in force, unless cancelled, for the term of not more than 3 years stated in the authority.\n(sec.14-ssec.1) The Coordinator-General may, for an application under section 12 (1) (a) , decide to— grant an authority (a works authority ), with or without conditions; or refuse to grant the works authority.\n(sec.14-ssec.2) The Coordinator-General must not grant the works authority unless satisfied the applicant has made reasonable efforts to consult with the owner or occupier of the land to be entered under the authority.\n(sec.14-ssec.3) If the Coordinator-General refuses to grant the works authority, the Coordinator-General must give the applicant written reasons for the decision.\n(sec.14-ssec.4) Without limiting subsection (1) (a) , a condition may require the applicant to give a bond or security deposit to the Coordinator-General.\n(sec.14-ssec.5) The works authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for carrying out railway works.\n(sec.14-ssec.6) The works authority remains in force, unless cancelled, for the term of not more than 3 years stated in the authority.\n- (a) grant an authority (a works authority ), with or without conditions; or\n- (b) refuse to grant the works authority.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Granting investigation authority","content":"### sec.15 Granting investigation authority\n\nThe Coordinator-General may, for an application under section 12 (1) (b) , decide to—\ngrant an authority (an investigation authority ), with or without conditions; or\nrefuse to grant the investigation authority.\nThe Coordinator-General must not grant the investigation authority unless satisfied the applicant has made reasonable efforts to consult with the owner or occupier of the land to be entered under the authority.\nIf the Coordinator-General refuses to grant the investigation authority, the Coordinator-General must give the applicant written reasons for the decision.\nWithout limiting subsection (1) (a) , a condition may require the applicant to give a bond or security deposit to the Coordinator-General.\nThe investigation authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for investigating the potential suitability of the land.\nThe investigation authority remains in force, unless cancelled, for the term of not more than 1 year stated in the authority.\n(sec.15-ssec.1) The Coordinator-General may, for an application under section 12 (1) (b) , decide to— grant an authority (an investigation authority ), with or without conditions; or refuse to grant the investigation authority.\n(sec.15-ssec.2) The Coordinator-General must not grant the investigation authority unless satisfied the applicant has made reasonable efforts to consult with the owner or occupier of the land to be entered under the authority.\n(sec.15-ssec.3) If the Coordinator-General refuses to grant the investigation authority, the Coordinator-General must give the applicant written reasons for the decision.\n(sec.15-ssec.4) Without limiting subsection (1) (a) , a condition may require the applicant to give a bond or security deposit to the Coordinator-General.\n(sec.15-ssec.5) The investigation authority must be only for the part of the land the Coordinator-General is satisfied is reasonably necessary for investigating the potential suitability of the land.\n(sec.15-ssec.6) The investigation authority remains in force, unless cancelled, for the term of not more than 1 year stated in the authority.\n- (a) grant an authority (an investigation authority ), with or without conditions; or\n- (b) refuse to grant the investigation authority.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirements of works authority and investigation authority","content":"### sec.16 Requirements of works authority and investigation authority\n\nA works authority and investigation authority must be written and state all of the following—\nthe name of the authorised person for the authority;\nthe land to which it applies;\nthe purpose for which it is granted;\nwhen it expires;\nfor a works authority, the powers mentioned in section 20 that the authorised person may exercise under the authority;\nfor an investigation authority, the powers mentioned in section 22 that the authorised person may exercise under the authority;\nthe conditions, if any, imposed on the authority.\n- (a) the name of the authorised person for the authority;\n- (b) the land to which it applies;\n- (c) the purpose for which it is granted;\n- (d) when it expires;\n- (e) for a works authority, the powers mentioned in section 20 that the authorised person may exercise under the authority;\n- (f) for an investigation authority, the powers mentioned in section 22 that the authorised person may exercise under the authority;\n- (g) the conditions, if any, imposed on the authority.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Declaration about works authority and investigation authority","content":"### sec.17 Declaration about works authority and investigation authority\n\nIt is declared that—\nthe grant of a works authority or investigation authority is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land; and\na person is not an employee or agent of the State merely because the person is an authorised person.\n- (a) the grant of a works authority or investigation authority is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land; and\n- (b) a person is not an employee or agent of the State merely because the person is an authorised person.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Complying with conditions of works authority or investigation authority","content":"### sec.18 Complying with conditions of works authority or investigation authority\n\nAn authorised person, or an associated person of the authorised person, must comply with each condition of the authorised person’s works authority or investigation authority, unless the authorised person or associated person has a reasonable excuse.\nMaximum penalty—200 penalty units.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Cancellation of works authority or investigation authority","content":"### sec.19 Cancellation of works authority or investigation authority\n\nThe Coordinator-General may cancel an authorised person’s works authority or investigation authority if the Coordinator-General is reasonably satisfied that—\nthe authorised person has not complied with this Act or a condition of the authority; or\nan associated person of the authorised person has not complied with this Act or a condition of the authority.\nThe Coordinator-General must, as soon as practicable, give the authorised person written notice of the cancellation.\nThe authorised person must, as soon as practicable after receiving the notice—\ninform all associated persons of the authorised person about the cancellation of the authority; and\nstop all activities being carried out under the authority; and\ngive any identification issued by the authorised person under section 28 to the Coordinator-General.\n(sec.19-ssec.1) The Coordinator-General may cancel an authorised person’s works authority or investigation authority if the Coordinator-General is reasonably satisfied that— the authorised person has not complied with this Act or a condition of the authority; or an associated person of the authorised person has not complied with this Act or a condition of the authority.\n(sec.19-ssec.2) The Coordinator-General must, as soon as practicable, give the authorised person written notice of the cancellation.\n(sec.19-ssec.3) The authorised person must, as soon as practicable after receiving the notice— inform all associated persons of the authorised person about the cancellation of the authority; and stop all activities being carried out under the authority; and give any identification issued by the authorised person under section 28 to the Coordinator-General.\n- (a) the authorised person has not complied with this Act or a condition of the authority; or\n- (b) an associated person of the authorised person has not complied with this Act or a condition of the authority.\n- (a) inform all associated persons of the authorised person about the cancellation of the authority; and\n- (b) stop all activities being carried out under the authority; and\n- (c) give any identification issued by the authorised person under section 28 to the Coordinator-General.","sortOrder":25},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Powers for entering land and carrying out activities for railway works or investigations","content":"## Powers for entering land and carrying out activities for railway works or investigations","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Coordinator-General or associated person may enter land and carry out railway works","content":"### sec.20 Coordinator-General or associated person may enter land and carry out railway works\n\nThe Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter the Surat Basin rail corridor land and land adjacent to that land for carrying out railway works.\nThe Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the purpose of the entry under subsection (1) , do any of the following—\non the land, make an inspection, investigation, valuation or survey, or take levels;\ndig and bore into the land to find out the nature of the soil or substrata of the land, and mark the lines of any works on the land;\nattach or set up on the land trigonometrical stations, survey pegs, marks or poles and inspect, alter, remove, reinstate and repair the land;\noccupy the land;\non the occupied land—\nconstruct or place plant, machinery, equipment or goods; or\nerect workshops, sheds and other buildings, including buildings for providing housing and other amenities for officers or employees and their dependants; or\nmake roads, cuttings and excavations; or\nmanufacture and work materials of all kinds; or\ndeposit clay, earth, gravel, sand, stone, timber, wood, and other material; or\ntake clay, earth, gravel, sand, stone, timber, wood, and other material; or\ndemolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads.\nThe power to enter land under this section includes power—\nto enter and re-enter the land; and\nto remain on the land for the period necessary to achieve the purpose of the entry; and\nto take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.\n(sec.20-ssec.1) The Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter the Surat Basin rail corridor land and land adjacent to that land for carrying out railway works.\n(sec.20-ssec.2) The Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the purpose of the entry under subsection (1) , do any of the following— on the land, make an inspection, investigation, valuation or survey, or take levels; dig and bore into the land to find out the nature of the soil or substrata of the land, and mark the lines of any works on the land; attach or set up on the land trigonometrical stations, survey pegs, marks or poles and inspect, alter, remove, reinstate and repair the land; occupy the land; on the occupied land— construct or place plant, machinery, equipment or goods; or erect workshops, sheds and other buildings, including buildings for providing housing and other amenities for officers or employees and their dependants; or make roads, cuttings and excavations; or manufacture and work materials of all kinds; or deposit clay, earth, gravel, sand, stone, timber, wood, and other material; or take clay, earth, gravel, sand, stone, timber, wood, and other material; or demolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads.\n(sec.20-ssec.3) The power to enter land under this section includes power— to enter and re-enter the land; and to remain on the land for the period necessary to achieve the purpose of the entry; and to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.\n- (a) on the land, make an inspection, investigation, valuation or survey, or take levels;\n- (b) dig and bore into the land to find out the nature of the soil or substrata of the land, and mark the lines of any works on the land;\n- (c) attach or set up on the land trigonometrical stations, survey pegs, marks or poles and inspect, alter, remove, reinstate and repair the land;\n- (d) occupy the land;\n- (e) on the occupied land— (i) construct or place plant, machinery, equipment or goods; or (ii) erect workshops, sheds and other buildings, including buildings for providing housing and other amenities for officers or employees and their dependants; or (iii) make roads, cuttings and excavations; or (iv) manufacture and work materials of all kinds; or (v) deposit clay, earth, gravel, sand, stone, timber, wood, and other material; or (vi) take clay, earth, gravel, sand, stone, timber, wood, and other material; or (vii) demolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads.\n- (i) construct or place plant, machinery, equipment or goods; or\n- (ii) erect workshops, sheds and other buildings, including buildings for providing housing and other amenities for officers or employees and their dependants; or\n- (iii) make roads, cuttings and excavations; or\n- (iv) manufacture and work materials of all kinds; or\n- (v) deposit clay, earth, gravel, sand, stone, timber, wood, and other material; or\n- (vi) take clay, earth, gravel, sand, stone, timber, wood, and other material; or\n- (vii) demolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads.\n- (i) construct or place plant, machinery, equipment or goods; or\n- (ii) erect workshops, sheds and other buildings, including buildings for providing housing and other amenities for officers or employees and their dependants; or\n- (iii) make roads, cuttings and excavations; or\n- (iv) manufacture and work materials of all kinds; or\n- (v) deposit clay, earth, gravel, sand, stone, timber, wood, and other material; or\n- (vi) take clay, earth, gravel, sand, stone, timber, wood, and other material; or\n- (vii) demolish, destroy, and remove plant, machinery, equipment, goods, workshops, sheds, buildings or roads.\n- (a) to enter and re-enter the land; and\n- (b) to remain on the land for the period necessary to achieve the purpose of the entry; and\n- (c) to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Authorised person or associated person may enter land and carry out railway works","content":"### sec.21 Authorised person or associated person may enter land and carry out railway works\n\nAn authorised person under a works authority, or an associated person of the authorised person, may enter the land to which the authority applies and, for carrying out railway works, exercise the powers stated in the authority.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Coordinator-General or associated person may enter land and investigate the land","content":"### sec.22 Coordinator-General or associated person may enter land and investigate the land\n\nThe Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter any land to investigate the land’s potential suitability for an expansion or realignment of the Surat Basin rail corridor land.\nThe Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the purpose of the entry under subsection (1) , do any of the following—\ndo anything on the land;\nbring anything onto the land;\ntemporarily leave machinery, equipment or other items on the land.\nThe power to enter land under this section includes power—\nto enter and re-enter the land; and\nto remain on the land for the period necessary to achieve the purpose of the entry; and\nto take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.\n(sec.22-ssec.1) The Coordinator-General, or an associated person authorised in writing by the Coordinator-General, may enter any land to investigate the land’s potential suitability for an expansion or realignment of the Surat Basin rail corridor land.\n(sec.22-ssec.2) The Coordinator-General or associated person may, to the extent reasonably necessary or convenient to achieve the purpose of the entry under subsection (1) , do any of the following— do anything on the land; bring anything onto the land; temporarily leave machinery, equipment or other items on the land.\n(sec.22-ssec.3) The power to enter land under this section includes power— to enter and re-enter the land; and to remain on the land for the period necessary to achieve the purpose of the entry; and to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.\n- (a) do anything on the land;\n- (b) bring anything onto the land;\n- (c) temporarily leave machinery, equipment or other items on the land.\n- (a) to enter and re-enter the land; and\n- (b) to remain on the land for the period necessary to achieve the purpose of the entry; and\n- (c) to take assistants, vehicles, materials, equipment and things necessary to achieve the purpose of the entry.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Authorised person or associated person may enter land and investigate the land","content":"### sec.23 Authorised person or associated person may enter land and investigate the land\n\nAn authorised person under an investigation authority, or an associated person of the authorised person, may enter the land to which the authority applies and, for investigating the land, exercise the powers stated in the authority.","sortOrder":30},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Requirements for entering land","content":"## Requirements for entering land","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Entry to land by notice or agreement","content":"### sec.24 Entry to land by notice or agreement\n\nThe Coordinator-General must, before the Coordinator-General or an associated person of the Coordinator-General enters someone else’s land—\ngive at least 7 days written notice of the entry to the land’s owner or occupier; or\nobtain the written agreement of the land’s owner or occupier to the entry.\nAn authorised person must, before the authorised person or an associated person of the authorised person enters someone else’s land—\ngive at least 7 days written notice of the entry to the land’s owner or occupier; or\nobtain the written agreement of the land’s owner or occupier to the entry.\nThe notice must state all of the following—\nthe use intended to be made of the land;\na general outline of the activities intended to be carried out on the land;\nthe approximate period during which the activities are expected to be carried out;\nthe notice is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land;\nthe owner or occupier may claim compensation under section 27 by giving a notice;\nthe person who the owner or occupier must give a notice to under section 27 .\nAlso, if the person entering the land is the Coordinator-General or an associated person of the Coordinator-General, the notice must—\nbe attached to—\nfor an entry under section 20 , a copy of section 20 ; or\nfor an entry under section 22 , a copy of section 22 ; and\nfor an entry by an associated person—state that the person is an associated person of the Coordinator-General.\nIn addition, if the person entering the land is an authorised person or an associated person of the authorised person, the notice must—\nbe attached to a copy of the works authority or investigation authority; and\nstate the following—\nthat the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land;\nfor an entry by an associated person—that the person is an associated person of the authorised person.\nThe person entering the land need not comply with this section for carrying out—\nurgent remedial action on the railway; or\nmaintenance on a road.\nHowever, if urgent remedial action is required, the person entering the land must give the land’s owner or occupier as much oral notice as is practicable.\n(sec.24-ssec.1) The Coordinator-General must, before the Coordinator-General or an associated person of the Coordinator-General enters someone else’s land— give at least 7 days written notice of the entry to the land’s owner or occupier; or obtain the written agreement of the land’s owner or occupier to the entry.\n(sec.24-ssec.2) An authorised person must, before the authorised person or an associated person of the authorised person enters someone else’s land— give at least 7 days written notice of the entry to the land’s owner or occupier; or obtain the written agreement of the land’s owner or occupier to the entry.\n(sec.24-ssec.3) The notice must state all of the following— the use intended to be made of the land; a general outline of the activities intended to be carried out on the land; the approximate period during which the activities are expected to be carried out; the notice is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land; the owner or occupier may claim compensation under section 27 by giving a notice; the person who the owner or occupier must give a notice to under section 27 .\n(sec.24-ssec.4) Also, if the person entering the land is the Coordinator-General or an associated person of the Coordinator-General, the notice must— be attached to— for an entry under section 20 , a copy of section 20 ; or for an entry under section 22 , a copy of section 22 ; and for an entry by an associated person—state that the person is an associated person of the Coordinator-General.\n(sec.24-ssec.5) In addition, if the person entering the land is an authorised person or an associated person of the authorised person, the notice must— be attached to a copy of the works authority or investigation authority; and state the following— that the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land; for an entry by an associated person—that the person is an associated person of the authorised person.\n(sec.24-ssec.6) The person entering the land need not comply with this section for carrying out— urgent remedial action on the railway; or maintenance on a road.\n(sec.24-ssec.7) However, if urgent remedial action is required, the person entering the land must give the land’s owner or occupier as much oral notice as is practicable.\n- (a) give at least 7 days written notice of the entry to the land’s owner or occupier; or\n- (b) obtain the written agreement of the land’s owner or occupier to the entry.\n- (a) give at least 7 days written notice of the entry to the land’s owner or occupier; or\n- (b) obtain the written agreement of the land’s owner or occupier to the entry.\n- (a) the use intended to be made of the land;\n- (b) a general outline of the activities intended to be carried out on the land;\n- (c) the approximate period during which the activities are expected to be carried out;\n- (d) the notice is not an indication of a commitment or approval by the State, the Coordinator-General or other person to any proposal and, in particular, does not commit the State to acquiring any land;\n- (e) the owner or occupier may claim compensation under section 27 by giving a notice;\n- (f) the person who the owner or occupier must give a notice to under section 27 .\n- (a) be attached to— (i) for an entry under section 20 , a copy of section 20 ; or (ii) for an entry under section 22 , a copy of section 22 ; and\n- (i) for an entry under section 20 , a copy of section 20 ; or\n- (ii) for an entry under section 22 , a copy of section 22 ; and\n- (b) for an entry by an associated person—state that the person is an associated person of the Coordinator-General.\n- (i) for an entry under section 20 , a copy of section 20 ; or\n- (ii) for an entry under section 22 , a copy of section 22 ; and\n- (a) be attached to a copy of the works authority or investigation authority; and\n- (b) state the following— (i) that the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land; (ii) for an entry by an associated person—that the person is an associated person of the authorised person.\n- (i) that the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land;\n- (ii) for an entry by an associated person—that the person is an associated person of the authorised person.\n- (i) that the Coordinator-General has given the authorised person a works authority or investigation authority for an area that is part of or includes the land;\n- (ii) for an entry by an associated person—that the person is an associated person of the authorised person.\n- (a) urgent remedial action on the railway; or\n- (b) maintenance on a road.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Care to be taken in entering land","content":"### sec.25 Care to be taken in entering land\n\nThis section applies if the Coordinator-General, an authorised person or associated person enters land to—\ncarry out railway works; or\ninvestigate the potential suitability of the land for an expansion or realignment of the Surat Basin rail corridor land.\nThe Coordinator-General, authorised person or associated person—\nmust take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\nmay do anything necessary or desirable to minimise the damage or inconvenience.\n(sec.25-ssec.1) This section applies if the Coordinator-General, an authorised person or associated person enters land to— carry out railway works; or investigate the potential suitability of the land for an expansion or realignment of the Surat Basin rail corridor land.\n(sec.25-ssec.2) The Coordinator-General, authorised person or associated person— must take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and may do anything necessary or desirable to minimise the damage or inconvenience.\n- (a) carry out railway works; or\n- (b) investigate the potential suitability of the land for an expansion or realignment of the Surat Basin rail corridor land.\n- (a) must take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\n- (b) may do anything necessary or desirable to minimise the damage or inconvenience.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Liability to pay compensation","content":"### sec.26 Liability to pay compensation\n\nThis section applies if the Coordinator-General, an authorised person or associated person—\nenters land and carries out railway works on the land; or\nenters land and carries out an investigation on the land.\nThe Coordinator-General is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1) , of the Coordinator-General or an associated person of the Coordinator-General.\nThe authorised person is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1) , of the authorised person or an associated person of the authorised person.\n(sec.26-ssec.1) This section applies if the Coordinator-General, an authorised person or associated person— enters land and carries out railway works on the land; or enters land and carries out an investigation on the land.\n(sec.26-ssec.2) The Coordinator-General is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1) , of the Coordinator-General or an associated person of the Coordinator-General.\n(sec.26-ssec.3) The authorised person is liable to compensate the land owner or occupier for any loss or damage suffered by the owner or occupier arising from the entry onto the land, and activities mentioned in subsection (1) , of the authorised person or an associated person of the authorised person.\n- (a) enters land and carries out railway works on the land; or\n- (b) enters land and carries out an investigation on the land.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Claiming compensation","content":"### sec.27 Claiming compensation\n\nAn owner or occupier of land entered under this part may, by written notice—\nclaim compensation for loss or damage caused by—\nthe entry and railway works carried out on the land; or\nthe entry and investigation carried out on the land; or\nclaim compensation for the taking or use of materials; or\nrequire works in restitution for the damage; or\nrequire works in restitution for the damage and then claim compensation for any loss or damage not restituted.\nThe owner or occupier must give the notice—\nfor an entry by the Coordinator-General or an associated person of the Coordinator-General—to the Coordinator-General; or\nfor an entry by an authorised person or associated person of the authorised person under a works authority—to the Coordinator-General; or\nfor an entry by an authorised person or associated person of the authorised person under an investigation authority—to the authorised person.\nThe notice must be given—\nwithin 1 year after the railway works or investigation of the land is completed; or\nat a later time allowed by the Coordinator-General.\nThe claim for compensation may be made—\nwhether or not the act or omission giving rise to the claim was authorised under division 3 or a works authority or investigation authority; and\nwhether or not the person who made the entry, carried out the railway works or carried out the investigation took steps to prevent the loss or damage; and\neven though the loss or damage was caused, or contributed to, by an associated person of the Coordinator-General or an authorised person.\nThe amount of compensation for loss or damage caused by an entry to carry out railway works is—\nthe amount agreed between the Coordinator-General and the person; or\nif the person and Coordinator-General can not agree within a reasonable time—the amount decided by the Land Court.\nThe amount of compensation for loss or damage caused by an entry to investigate land is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by the Land Court.\n(sec.27-ssec.1) An owner or occupier of land entered under this part may, by written notice— claim compensation for loss or damage caused by— the entry and railway works carried out on the land; or the entry and investigation carried out on the land; or claim compensation for the taking or use of materials; or require works in restitution for the damage; or require works in restitution for the damage and then claim compensation for any loss or damage not restituted.\n(sec.27-ssec.2) The owner or occupier must give the notice— for an entry by the Coordinator-General or an associated person of the Coordinator-General—to the Coordinator-General; or for an entry by an authorised person or associated person of the authorised person under a works authority—to the Coordinator-General; or for an entry by an authorised person or associated person of the authorised person under an investigation authority—to the authorised person.\n(sec.27-ssec.3) The notice must be given— within 1 year after the railway works or investigation of the land is completed; or at a later time allowed by the Coordinator-General.\n(sec.27-ssec.4) The claim for compensation may be made— whether or not the act or omission giving rise to the claim was authorised under division 3 or a works authority or investigation authority; and whether or not the person who made the entry, carried out the railway works or carried out the investigation took steps to prevent the loss or damage; and even though the loss or damage was caused, or contributed to, by an associated person of the Coordinator-General or an authorised person.\n(sec.27-ssec.5) The amount of compensation for loss or damage caused by an entry to carry out railway works is— the amount agreed between the Coordinator-General and the person; or if the person and Coordinator-General can not agree within a reasonable time—the amount decided by the Land Court.\n(sec.27-ssec.6) The amount of compensation for loss or damage caused by an entry to investigate land is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by the Land Court.\n- (a) claim compensation for loss or damage caused by— (i) the entry and railway works carried out on the land; or (ii) the entry and investigation carried out on the land; or\n- (i) the entry and railway works carried out on the land; or\n- (ii) the entry and investigation carried out on the land; or\n- (b) claim compensation for the taking or use of materials; or\n- (c) require works in restitution for the damage; or\n- (d) require works in restitution for the damage and then claim compensation for any loss or damage not restituted.\n- (i) the entry and railway works carried out on the land; or\n- (ii) the entry and investigation carried out on the land; or\n- (a) for an entry by the Coordinator-General or an associated person of the Coordinator-General—to the Coordinator-General; or\n- (b) for an entry by an authorised person or associated person of the authorised person under a works authority—to the Coordinator-General; or\n- (c) for an entry by an authorised person or associated person of the authorised person under an investigation authority—to the authorised person.\n- (a) within 1 year after the railway works or investigation of the land is completed; or\n- (b) at a later time allowed by the Coordinator-General.\n- (a) whether or not the act or omission giving rise to the claim was authorised under division 3 or a works authority or investigation authority; and\n- (b) whether or not the person who made the entry, carried out the railway works or carried out the investigation took steps to prevent the loss or damage; and\n- (c) even though the loss or damage was caused, or contributed to, by an associated person of the Coordinator-General or an authorised person.\n- (a) the amount agreed between the Coordinator-General and the person; or\n- (b) if the person and Coordinator-General can not agree within a reasonable time—the amount decided by the Land Court.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by the Land Court.","sortOrder":35},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Coordinator-General or authorised person to issue associated person with identification","content":"### sec.28 Coordinator-General or authorised person to issue associated person with identification\n\nThe Coordinator-General must issue an associated person of the Coordinator-General with identification before the associated person enters someone else’s land and carries out activities under division 3 .\nAn authorised person must issue an associated person of the authorised person with identification before the associated person enters someone else’s land and carries out activities under a works authority or investigation authority.\nMaximum penalty—10 penalty units.\nThe identification for an associated person of the Coordinator-General must—\nstate the name of the person to whom the identification is issued; and\nstate that, for this Act, the person is an associated person of the Coordinator-General; and\nstate the capacity in which the associated person is an associated person; and\nbe signed by or for the Coordinator-General; and\nbe signed by the associated person; and\nstate an expiry date.\nThe identification for an associated person of an authorised person must—\nstate the names of the authorised person and the person to whom the identification is issued; and\nstate that, for this Act, the person is an associated person of the holder of a works authority or investigation authority; and\nstate the capacity in which the associated person is an associated person; and\nbe signed by or for the authorised person; and\nbe signed by the associated person; and\nstate an expiry date.\n(sec.28-ssec.1) The Coordinator-General must issue an associated person of the Coordinator-General with identification before the associated person enters someone else’s land and carries out activities under division 3 .\n(sec.28-ssec.2) An authorised person must issue an associated person of the authorised person with identification before the associated person enters someone else’s land and carries out activities under a works authority or investigation authority. Maximum penalty—10 penalty units.\n(sec.28-ssec.3) The identification for an associated person of the Coordinator-General must— state the name of the person to whom the identification is issued; and state that, for this Act, the person is an associated person of the Coordinator-General; and state the capacity in which the associated person is an associated person; and be signed by or for the Coordinator-General; and be signed by the associated person; and state an expiry date.\n(sec.28-ssec.4) The identification for an associated person of an authorised person must— state the names of the authorised person and the person to whom the identification is issued; and state that, for this Act, the person is an associated person of the holder of a works authority or investigation authority; and state the capacity in which the associated person is an associated person; and be signed by or for the authorised person; and be signed by the associated person; and state an expiry date.\n- (a) state the name of the person to whom the identification is issued; and\n- (b) state that, for this Act, the person is an associated person of the Coordinator-General; and\n- (c) state the capacity in which the associated person is an associated person; and\n- (d) be signed by or for the Coordinator-General; and\n- (e) be signed by the associated person; and\n- (f) state an expiry date.\n- (a) state the names of the authorised person and the person to whom the identification is issued; and\n- (b) state that, for this Act, the person is an associated person of the holder of a works authority or investigation authority; and\n- (c) state the capacity in which the associated person is an associated person; and\n- (d) be signed by or for the authorised person; and\n- (e) be signed by the associated person; and\n- (f) state an expiry date.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Owner or occupier may inspect authority or identification","content":"### sec.29 Owner or occupier may inspect authority or identification\n\nThis section applies if a person who claims to be or appears to be the owner or occupier of land asks an individual who has entered, is entering or is about to enter land under this part—\nfor identification; or\nabout the person’s authority to enter the land.\nIf the request is made of an authorised person, the authorised person must immediately state the authorised person’s name and show the other person a copy of the authorised person’s works authority or investigation authority.\nMaximum penalty—10 penalty units.\nIf the request is made of an associated person of the Coordinator-General or an authorised person, the associated person must immediately state his or her name and show the other person the associated person’s identification.\nMaximum penalty—10 penalty units.\n(sec.29-ssec.1) This section applies if a person who claims to be or appears to be the owner or occupier of land asks an individual who has entered, is entering or is about to enter land under this part— for identification; or about the person’s authority to enter the land.\n(sec.29-ssec.2) If the request is made of an authorised person, the authorised person must immediately state the authorised person’s name and show the other person a copy of the authorised person’s works authority or investigation authority. Maximum penalty—10 penalty units.\n(sec.29-ssec.3) If the request is made of an associated person of the Coordinator-General or an authorised person, the associated person must immediately state his or her name and show the other person the associated person’s identification. Maximum penalty—10 penalty units.\n- (a) for identification; or\n- (b) about the person’s authority to enter the land.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Return of identification","content":"### sec.30 Return of identification\n\nThis section applies to a person who stops being an associated person of the Coordinator-General or an authorised person.\nThe person must return the identification issued under section 28 to the Coordinator-General or authorised person within 21 days after the person stops being an associated person, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\n(sec.30-ssec.1) This section applies to a person who stops being an associated person of the Coordinator-General or an authorised person.\n(sec.30-ssec.2) The person must return the identification issued under section 28 to the Coordinator-General or authorised person within 21 days after the person stops being an associated person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Roads, crossings and watercourses","content":"# Roads, crossings and watercourses","sortOrder":40},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General provisions about roads and crossings","content":"## General provisions about roads and crossings","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Altering road levels","content":"### sec.31 Altering road levels\n\nIn constructing or managing the railway, a railway manager may alter the level of a road or require the authority responsible for the road to alter its level.\nUnless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level.\nA person whose land is directly affected by the alteration may claim compensation from the railway manager.\nThe amount of compensation is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation.\n(sec.31-ssec.1) In constructing or managing the railway, a railway manager may alter the level of a road or require the authority responsible for the road to alter its level.\n(sec.31-ssec.2) Unless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level.\n(sec.31-ssec.3) A person whose land is directly affected by the alteration may claim compensation from the railway manager.\n(sec.31-ssec.4) The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Maintaining roads crossing railways","content":"### sec.32 Maintaining roads crossing railways\n\nA railway manager must maintain—\na part of the railway on a road; and\nthe surface of the road, in a character in keeping with the road—\nbetween the rails; and\noutside the outermost rails to a distance of 2m.\nIf a part of the railway is built by way of a bridge or other structure over or under a road, the authority that maintained the road before the railway was built must continue to maintain the road over or under the bridge or structure.\nIf there is no railway manager, the railway licensee or railway lessee must comply with subsection (1) .\nIf there is no railway manager, railway licensee and railway lessee, the authority that maintained the road before the railway was built must comply with subsection (1) (b) .\n(sec.32-ssec.1) A railway manager must maintain— a part of the railway on a road; and the surface of the road, in a character in keeping with the road— between the rails; and outside the outermost rails to a distance of 2m.\n(sec.32-ssec.2) If a part of the railway is built by way of a bridge or other structure over or under a road, the authority that maintained the road before the railway was built must continue to maintain the road over or under the bridge or structure.\n(sec.32-ssec.3) If there is no railway manager, the railway licensee or railway lessee must comply with subsection (1) .\n(sec.32-ssec.4) If there is no railway manager, railway licensee and railway lessee, the authority that maintained the road before the railway was built must comply with subsection (1) (b) .\n- (a) a part of the railway on a road; and\n- (b) the surface of the road, in a character in keeping with the road— (i) between the rails; and (ii) outside the outermost rails to a distance of 2m.\n- (i) between the rails; and\n- (ii) outside the outermost rails to a distance of 2m.\n- (i) between the rails; and\n- (ii) outside the outermost rails to a distance of 2m.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Extending roads through or over Surat Basin rail corridor land","content":"### sec.33 Extending roads through or over Surat Basin rail corridor land\n\nA local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of—\na bridge or other structure over a part of the railway; or\na bridge or other structure that allows the road to pass under a part of the railway; or\na crossing at the same level as a part of the railway.\na level crossing\nThe Coordinator-General must consider the application and may decide to—\ngrant the approval, with or without conditions; or\nrefuse to grant the approval.\nWithout limiting subsection (2) , a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land.\nA condition may provide that the length of a bridge over the railway be long enough to allow for an additional track to be laid in the future.\nBefore deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\nThe Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application.\nIf the approval is granted—\nthe Coordinator-General must immediately give a copy of the approval to the registrar of titles; and\nthe registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and\na railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and\nthe Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation.\nOnce the road is used, it is taken to be—\na road under the local government’s control; and\na road under any Act about the use of vehicles on a road.\nUnless the Coordinator-General and the local government otherwise agree—\nthe local government is responsible for maintaining the road and the bridge, structure or crossing; and\nif the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land.\n(sec.33-ssec.1) A local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of— a bridge or other structure over a part of the railway; or a bridge or other structure that allows the road to pass under a part of the railway; or a crossing at the same level as a part of the railway. a level crossing\n(sec.33-ssec.2) The Coordinator-General must consider the application and may decide to— grant the approval, with or without conditions; or refuse to grant the approval.\n(sec.33-ssec.3) Without limiting subsection (2) , a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land. A condition may provide that the length of a bridge over the railway be long enough to allow for an additional track to be laid in the future.\n(sec.33-ssec.4) Before deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\n(sec.33-ssec.5) The Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application.\n(sec.33-ssec.6) If the approval is granted— the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation.\n(sec.33-ssec.7) Once the road is used, it is taken to be— a road under the local government’s control; and a road under any Act about the use of vehicles on a road.\n(sec.33-ssec.8) Unless the Coordinator-General and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge, structure or crossing; and if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land.\n- (a) a bridge or other structure over a part of the railway; or\n- (b) a bridge or other structure that allows the road to pass under a part of the railway; or\n- (c) a crossing at the same level as a part of the railway. Example for paragraph (c) — a level crossing\n- (a) grant the approval, with or without conditions; or\n- (b) refuse to grant the approval.\n- (a) the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and\n- (b) the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and\n- (c) a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and\n- (d) the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation.\n- (a) a road under the local government’s control; and\n- (b) a road under any Act about the use of vehicles on a road.\n- (a) the local government is responsible for maintaining the road and the bridge, structure or crossing; and\n- (b) if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Impact of change of management of local government road on the railway","content":"### sec.34 Impact of change of management of local government road on the railway\n\nA local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to make a change to the management of a local government road that, if made—\nwould require works to be carried out on the railway; or\nwould have a significant adverse impact on the safety and operational integrity of the railway.\nThe Coordinator-General—\nmust consider the application within—\n30 days after receiving it; or\nthe longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and\nmay decide to—\napprove the proposed change, with or without conditions; or\nrefuse to approve the proposed change.\nThe Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application.\nThe Coordinator-General is taken to have approved the proposed change if the Coordinator-General does not within 30 days of receiving the application—\ndecide the application; or\ngive the local government a notice under subsection (3) .\nThis section does not apply if the Coordinator-General has considered the change to the management of the local government road as part of the Coordinator-General’s consideration of an application for a development approval.\nIn this section—\ndevelopment approval means a development approval under the Planning Act 2016 .\ns 34 amd 2016 No. 27 s 554\n(sec.34-ssec.1) A local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to make a change to the management of a local government road that, if made— would require works to be carried out on the railway; or would have a significant adverse impact on the safety and operational integrity of the railway.\n(sec.34-ssec.2) The Coordinator-General— must consider the application within— 30 days after receiving it; or the longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and may decide to— approve the proposed change, with or without conditions; or refuse to approve the proposed change.\n(sec.34-ssec.3) The Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application.\n(sec.34-ssec.4) The Coordinator-General is taken to have approved the proposed change if the Coordinator-General does not within 30 days of receiving the application— decide the application; or give the local government a notice under subsection (3) .\n(sec.34-ssec.5) This section does not apply if the Coordinator-General has considered the change to the management of the local government road as part of the Coordinator-General’s consideration of an application for a development approval.\n(sec.34-ssec.6) In this section— development approval means a development approval under the Planning Act 2016 .\n- (a) would require works to be carried out on the railway; or\n- (b) would have a significant adverse impact on the safety and operational integrity of the railway.\n- (a) must consider the application within— (i) 30 days after receiving it; or (ii) the longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and\n- (i) 30 days after receiving it; or\n- (ii) the longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and\n- (b) may decide to— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change.\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (i) 30 days after receiving it; or\n- (ii) the longer period notified to the local government by the Coordinator-General, in writing, before the end of the 30 days; and\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (a) decide the application; or\n- (b) give the local government a notice under subsection (3) .","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Closing railway crossings","content":"### sec.35 Closing railway crossings\n\nA railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to—\nthe safety of the railway; or\nthe public using it or who may use it.\nIf the manager decides to close or regulate a crossing, the manager must, as soon as practicable after its closure or regulation—\nnotify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and\nif there is a relevant person for the crossing—\nnotify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and\nnotify the relevant person that the person may apply under section 60 for an internal review of the decision; and\ngive the relevant person written reasons for the decision.\nA relevant person for the crossing may, by written notice given to the railway manager, claim compensation for loss or damage directly suffered by the relevant person and arising from the closure or regulation of the crossing.\nThe notice under subsection (3) must be given—\nwithin 1 year after the closure or regulation ends; or\nat a later time allowed by the Coordinator-General.\nThe amount of compensation for the loss or damage is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\nIn this section—\nrelevant person , for a railway crossing, means—\na grantee of an easement for the railway crossing; or\na grantee of a licence to use the railway crossing.\n(sec.35-ssec.1) A railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— the safety of the railway; or the public using it or who may use it.\n(sec.35-ssec.2) If the manager decides to close or regulate a crossing, the manager must, as soon as practicable after its closure or regulation— notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and if there is a relevant person for the crossing— notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and notify the relevant person that the person may apply under section 60 for an internal review of the decision; and give the relevant person written reasons for the decision.\n(sec.35-ssec.3) A relevant person for the crossing may, by written notice given to the railway manager, claim compensation for loss or damage directly suffered by the relevant person and arising from the closure or regulation of the crossing.\n(sec.35-ssec.4) The notice under subsection (3) must be given— within 1 year after the closure or regulation ends; or at a later time allowed by the Coordinator-General.\n(sec.35-ssec.5) The amount of compensation for the loss or damage is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.35-ssec.6) In this section— relevant person , for a railway crossing, means— a grantee of an easement for the railway crossing; or a grantee of a licence to use the railway crossing.\n- (a) the safety of the railway; or\n- (b) the public using it or who may use it.\n- (a) notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and\n- (b) if there is a relevant person for the crossing— (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and (iii) give the relevant person written reasons for the decision.\n- (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and\n- (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and\n- (iii) give the relevant person written reasons for the decision.\n- (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and\n- (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and\n- (iii) give the relevant person written reasons for the decision.\n- (a) within 1 year after the closure or regulation ends; or\n- (b) at a later time allowed by the Coordinator-General.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\n- (a) a grantee of an easement for the railway crossing; or\n- (b) a grantee of a licence to use the railway crossing.","sortOrder":46},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Public use of Surat Basin rail corridor land","content":"## Public use of Surat Basin rail corridor land","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"No presumption of dedication of roads","content":"### sec.36 No presumption of dedication of roads\n\nIf the public uses part of the Surat Basin rail corridor land as a road or otherwise for access purposes, the land is not taken to have been dedicated for use as a road even though the use is authorised or allowed by the Coordinator-General, the railway licensee, the railway lessee or a railway manager.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Level crossings","content":"### sec.37 Level crossings\n\nPedestrians and drivers of vehicles must give way to—\na railway operator’s rolling stock on railway tracks at a level crossing; and\na railway manager’s rail vehicle on railway tracks at a level crossing.\nIf an accident happens at a level crossing because a person does not comply with subsection (1) —\nthe railway operator and railway manager are not liable for any injury or damage caused in the accident; and\nthe person must pay the railway operator or railway manager the cost of any damage caused to property of the operator or manager.\nHowever, subsection (2) does not apply if the railway operator or railway manager, or an agent or employee of the operator or manager, were negligent in relation to the accident.\n(sec.37-ssec.1) Pedestrians and drivers of vehicles must give way to— a railway operator’s rolling stock on railway tracks at a level crossing; and a railway manager’s rail vehicle on railway tracks at a level crossing.\n(sec.37-ssec.2) If an accident happens at a level crossing because a person does not comply with subsection (1) — the railway operator and railway manager are not liable for any injury or damage caused in the accident; and the person must pay the railway operator or railway manager the cost of any damage caused to property of the operator or manager.\n(sec.37-ssec.3) However, subsection (2) does not apply if the railway operator or railway manager, or an agent or employee of the operator or manager, were negligent in relation to the accident.\n- (a) a railway operator’s rolling stock on railway tracks at a level crossing; and\n- (b) a railway manager’s rail vehicle on railway tracks at a level crossing.\n- (a) the railway operator and railway manager are not liable for any injury or damage caused in the accident; and\n- (b) the person must pay the railway operator or railway manager the cost of any damage caused to property of the operator or manager.","sortOrder":49},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Watercourses","content":"## Watercourses","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Approvals to divert or construct watercourses","content":"### sec.38 Approvals to divert or construct watercourses\n\nTo carry out railway works, a railway manager may, with the Coordinator-General’s written approval—\ndivert a watercourse; or\nconstruct a watercourse, whether temporary or permanent.\nIn deciding whether to approve the diversion or construction of a watercourse, the Coordinator-General must consider—\nfor the diversion of a watercourse—\nthe effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and\nthe impact of the diversion on land adjacent to the watercourse; and\nfor the construction of a watercourse—the impact of the construction on land adjacent to the watercourse.\nSubsection (2) does not limit the matters the Coordinator-General may consider.\nThe approval may be given with or without conditions.\n(sec.38-ssec.1) To carry out railway works, a railway manager may, with the Coordinator-General’s written approval— divert a watercourse; or construct a watercourse, whether temporary or permanent.\n(sec.38-ssec.2) In deciding whether to approve the diversion or construction of a watercourse, the Coordinator-General must consider— for the diversion of a watercourse— the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and the impact of the diversion on land adjacent to the watercourse; and for the construction of a watercourse—the impact of the construction on land adjacent to the watercourse.\n(sec.38-ssec.3) Subsection (2) does not limit the matters the Coordinator-General may consider.\n(sec.38-ssec.4) The approval may be given with or without conditions.\n- (a) divert a watercourse; or\n- (b) construct a watercourse, whether temporary or permanent.\n- (a) for the diversion of a watercourse— (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and (ii) the impact of the diversion on land adjacent to the watercourse; and\n- (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and\n- (ii) the impact of the diversion on land adjacent to the watercourse; and\n- (b) for the construction of a watercourse—the impact of the construction on land adjacent to the watercourse.\n- (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and\n- (ii) the impact of the diversion on land adjacent to the watercourse; and","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Cancellation of approval","content":"### sec.39 Cancellation of approval\n\nThe Coordinator-General may cancel a person’s approval under section 38 if the Coordinator-General is reasonably satisfied that the person has not complied with a condition of the approval.\nThe Coordinator-General must, as soon as practicable, give the person written notice of the cancellation.\nThe person must, as soon as practicable after receiving notice of the cancellation, stop all activities being carried out under the approval.\n(sec.39-ssec.1) The Coordinator-General may cancel a person’s approval under section 38 if the Coordinator-General is reasonably satisfied that the person has not complied with a condition of the approval.\n(sec.39-ssec.2) The Coordinator-General must, as soon as practicable, give the person written notice of the cancellation.\n(sec.39-ssec.3) The person must, as soon as practicable after receiving notice of the cancellation, stop all activities being carried out under the approval.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Coordinator-General may enter land and carry out activities for watercourses","content":"### sec.40 Coordinator-General may enter land and carry out activities for watercourses\n\nIf the Coordinator-General considers that water from a watercourse has collected and obstructs, or is likely to collect and obstruct, traffic on the railway, the Coordinator-General, or a person authorised under this section by the Coordinator-General, may—\nenter the land on which the watercourse is situated; and\ntake the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.\nBefore acting under subsection (1) , the Coordinator-General may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.\nThe owner must comply with the notice, unless the owner has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the owner does not comply with the notice, the Coordinator-General may exercise the powers mentioned in subsection (1) .\nThe owner is liable to pay the Coordinator-General the costs incurred because of the exercise of the powers.\nThis section applies—\neven if the water collected, or was likely to collect, as a result of action authorised under an Act; or\nwhether the water collects, or was likely to collect, permanently, temporarily or intermittently.\n(sec.40-ssec.1) If the Coordinator-General considers that water from a watercourse has collected and obstructs, or is likely to collect and obstruct, traffic on the railway, the Coordinator-General, or a person authorised under this section by the Coordinator-General, may— enter the land on which the watercourse is situated; and take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.\n(sec.40-ssec.2) Before acting under subsection (1) , the Coordinator-General may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.\n(sec.40-ssec.3) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.40-ssec.4) If the owner does not comply with the notice, the Coordinator-General may exercise the powers mentioned in subsection (1) .\n(sec.40-ssec.5) The owner is liable to pay the Coordinator-General the costs incurred because of the exercise of the powers.\n(sec.40-ssec.6) This section applies— even if the water collected, or was likely to collect, as a result of action authorised under an Act; or whether the water collects, or was likely to collect, permanently, temporarily or intermittently.\n- (a) enter the land on which the watercourse is situated; and\n- (b) take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.\n- (a) even if the water collected, or was likely to collect, as a result of action authorised under an Act; or\n- (b) whether the water collects, or was likely to collect, permanently, temporarily or intermittently.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notice for entry to land under s 40","content":"### sec.41 Notice for entry to land under s 40\n\nBefore the Coordinator-General or a person authorised under section 40 enters someone else’s land, the Coordinator-General or the person must—\ngive at least 7 days written notice of the entry to the land’s owner or occupier; or\nobtain the written agreement of the land’s owner or occupier to the entry.\nThe Coordinator-General or person need not comply with subsection (1) for—\nurgent remedial action on the railway; or\nmaintenance on a road.\nHowever, if urgent remedial action is required, the Coordinator-General or person must give the land’s owner or occupier as much oral notice as is practicable.\n(sec.41-ssec.1) Before the Coordinator-General or a person authorised under section 40 enters someone else’s land, the Coordinator-General or the person must— give at least 7 days written notice of the entry to the land’s owner or occupier; or obtain the written agreement of the land’s owner or occupier to the entry.\n(sec.41-ssec.2) The Coordinator-General or person need not comply with subsection (1) for— urgent remedial action on the railway; or maintenance on a road.\n(sec.41-ssec.3) However, if urgent remedial action is required, the Coordinator-General or person must give the land’s owner or occupier as much oral notice as is practicable.\n- (a) give at least 7 days written notice of the entry to the land’s owner or occupier; or\n- (b) obtain the written agreement of the land’s owner or occupier to the entry.\n- (a) urgent remedial action on the railway; or\n- (b) maintenance on a road.","sortOrder":54},{"sectionNumber":"pt.5","sectionType":"part","heading":"Declaration of common areas and carrying out works near the railway","content":"# Declaration of common areas and carrying out works near the railway","sortOrder":55},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Minister may declare common areas","content":"## Minister may declare common areas","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Common areas for particular roads","content":"### sec.42 Common areas for particular roads\n\nThis section applies if the route of the Surat Basin rail corridor land—\nis interrupted by a relevant road; and\ncontinues on the other side of the relevant road.\nThe Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the Surat Basin rail corridor land.\nIf the Minister declares a common area—\na railway manager may construct, maintain and operate the railway on the common area in a way consistent with its use as a relevant road; and\na level crossing\na bridge or other structure over the road\na bridge or other structure that allows the railway to pass under the road\nthe railway licensee may use and occupy the common area for the period that it holds a railway licence in a way consistent with its use as a relevant road and the railway licence; and\nthe railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with its use as a relevant road and the railway lease; and\nthe relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way consistent with its use for the railway; and\nthe relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area.\nAfter a common area is declared—\nthe Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and\nthe registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.\nIf the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing the rail transport infrastructure from the common area and restoring the road, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree.\nThe Coordinator-General must consult with the relevant person for the relevant road before entering into an agreement mentioned in subsection (5) .\nIn this section—\nrelevant person see the Transport Infrastructure Act 1994 , section 249 .\nrelevant road means—\na stock route; or\na relevant road under the Transport Infrastructure Act 1994 , section 249 .\n(sec.42-ssec.1) This section applies if the route of the Surat Basin rail corridor land— is interrupted by a relevant road; and continues on the other side of the relevant road.\n(sec.42-ssec.2) The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the Surat Basin rail corridor land.\n(sec.42-ssec.3) If the Minister declares a common area— a railway manager may construct, maintain and operate the railway on the common area in a way consistent with its use as a relevant road; and a level crossing a bridge or other structure over the road a bridge or other structure that allows the railway to pass under the road the railway licensee may use and occupy the common area for the period that it holds a railway licence in a way consistent with its use as a relevant road and the railway licence; and the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with its use as a relevant road and the railway lease; and the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way consistent with its use for the railway; and the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area.\n(sec.42-ssec.4) After a common area is declared— the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.\n(sec.42-ssec.5) If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing the rail transport infrastructure from the common area and restoring the road, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree.\n(sec.42-ssec.6) The Coordinator-General must consult with the relevant person for the relevant road before entering into an agreement mentioned in subsection (5) .\n(sec.42-ssec.7) In this section— relevant person see the Transport Infrastructure Act 1994 , section 249 . relevant road means— a stock route; or a relevant road under the Transport Infrastructure Act 1994 , section 249 .\n- (a) is interrupted by a relevant road; and\n- (b) continues on the other side of the relevant road.\n- (a) a railway manager may construct, maintain and operate the railway on the common area in a way consistent with its use as a relevant road; and Examples for use as a relevant road— • a level crossing • a bridge or other structure over the road • a bridge or other structure that allows the railway to pass under the road\n- • a level crossing\n- • a bridge or other structure over the road\n- • a bridge or other structure that allows the railway to pass under the road\n- (b) the railway licensee may use and occupy the common area for the period that it holds a railway licence in a way consistent with its use as a relevant road and the railway licence; and\n- (c) the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with its use as a relevant road and the railway lease; and\n- (d) the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way consistent with its use for the railway; and\n- (e) the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area.\n- • a level crossing\n- • a bridge or other structure over the road\n- • a bridge or other structure that allows the railway to pass under the road\n- (a) the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and\n- (b) the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.\n- (a) a stock route; or\n- (b) a relevant road under the Transport Infrastructure Act 1994 , section 249 .","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Common areas for non-tidal boundary watercourses","content":"### sec.43 Common areas for non-tidal boundary watercourses\n\nThis section applies if the route of the Surat Basin rail corridor land—\nis interrupted by a non-tidal boundary watercourse; and\ncontinues on the other side of the non-tidal boundary watercourse.\nThe Minister may, by gazette notice, declare the part of the non-tidal boundary watercourse where it interrupts the Surat Basin rail corridor land to be a common area ( common area ) for the non-tidal boundary watercourse and the Surat Basin rail corridor land.\nIf the Minister declares a common area—\nthe Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area—\nsurvey and resurvey a watercourse crossing; and\nconstruct, augment, improve, maintain, operate and replace a watercourse crossing; and\nname and number a watercourse crossing; and\nthe railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and\nthe railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease.\nAfter a common area is declared—\nthe Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and\nthe registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.\nIf the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing rail transport infrastructure from the common area and restoring the non-tidal boundary watercourse, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree.\nA declaration under this section does not remove or diminish any existing right the State or a person may have in relation to a non-tidal boundary watercourse in the common area including the rights of an owner or occupier of land adjoining the Surat Basin rail corridor land mentioned in the Land Act 1994 , section 13A .\nIn this section—\nnon-tidal boundary watercourse means land that is the property of the State under the Land Act 1994 , section 13A (1) or (2) .\nwatercourse crossing means rail transport infrastructure that is, or is proposed to be, situated over, under, on or in a non-tidal boundary watercourse.\n(sec.43-ssec.1) This section applies if the route of the Surat Basin rail corridor land— is interrupted by a non-tidal boundary watercourse; and continues on the other side of the non-tidal boundary watercourse.\n(sec.43-ssec.2) The Minister may, by gazette notice, declare the part of the non-tidal boundary watercourse where it interrupts the Surat Basin rail corridor land to be a common area ( common area ) for the non-tidal boundary watercourse and the Surat Basin rail corridor land.\n(sec.43-ssec.3) If the Minister declares a common area— the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— survey and resurvey a watercourse crossing; and construct, augment, improve, maintain, operate and replace a watercourse crossing; and name and number a watercourse crossing; and the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease.\n(sec.43-ssec.4) After a common area is declared— the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.\n(sec.43-ssec.5) If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing rail transport infrastructure from the common area and restoring the non-tidal boundary watercourse, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree.\n(sec.43-ssec.6) A declaration under this section does not remove or diminish any existing right the State or a person may have in relation to a non-tidal boundary watercourse in the common area including the rights of an owner or occupier of land adjoining the Surat Basin rail corridor land mentioned in the Land Act 1994 , section 13A .\n(sec.43-ssec.7) In this section— non-tidal boundary watercourse means land that is the property of the State under the Land Act 1994 , section 13A (1) or (2) . watercourse crossing means rail transport infrastructure that is, or is proposed to be, situated over, under, on or in a non-tidal boundary watercourse.\n- (a) is interrupted by a non-tidal boundary watercourse; and\n- (b) continues on the other side of the non-tidal boundary watercourse.\n- (a) the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— (i) survey and resurvey a watercourse crossing; and (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and (iii) name and number a watercourse crossing; and\n- (i) survey and resurvey a watercourse crossing; and\n- (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and\n- (iii) name and number a watercourse crossing; and\n- (b) the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and\n- (c) the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease.\n- (i) survey and resurvey a watercourse crossing; and\n- (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and\n- (iii) name and number a watercourse crossing; and\n- (a) the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and\n- (b) the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.","sortOrder":58},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Works near the railway","content":"## Works near the railway","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Approval to carry out works near the railway","content":"### sec.44 Approval to carry out works near the railway\n\nA person must not, without the Coordinator-General’s written approval, carry out works near the railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity.\nThe Coordinator-General may give the person a written approval if the Coordinator-General reasonably believes the works do not threaten, or are not likely to threaten, the railway’s safety or operational integrity.\nHowever, before giving an approval under this section the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\nIt is declared that the Coordinator-General’s approval under this section does not affect any requirement under another Act that the person must comply with to carry out the works.\nThis section binds all persons, including the State.\n(sec.44-ssec.1) A person must not, without the Coordinator-General’s written approval, carry out works near the railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity.\n(sec.44-ssec.2) The Coordinator-General may give the person a written approval if the Coordinator-General reasonably believes the works do not threaten, or are not likely to threaten, the railway’s safety or operational integrity.\n(sec.44-ssec.3) However, before giving an approval under this section the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\n(sec.44-ssec.4) It is declared that the Coordinator-General’s approval under this section does not affect any requirement under another Act that the person must comply with to carry out the works.\n(sec.44-ssec.5) This section binds all persons, including the State.","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Power to require works to stop","content":"### sec.45 Power to require works to stop\n\nSubsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway’s safety or operational integrity.\nThe Coordinator-General may give the person a written direction to stop, alter or not start the works.\nThe person must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf works are carried out without an approval under section 44 or contrary to a direction under subsection (2) , the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf the person does not comply with the requirement, the Coordinator-General may—\nalter, demolish or take away the works; or\nalter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\nBefore giving a direction under subsection (2) or a notice under subsection (4) , the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\nFor this section, a person authorised by the Coordinator-General may enter land and inspect works—\nafter giving 3 days written notice of the entry to the land’s owner or occupier; or\nwith the written agreement of the land’s owner or occupier to the entry; or\nwithout notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.\nIf a person enters land under subsection (8) (c) , the Coordinator-General must give the land’s owner or occupier as much oral notice as is practicable.\nThis section binds all persons, including the State.\n(sec.45-ssec.1) Subsection (2) applies if the Coordinator-General reasonably believes a person is carrying out, or proposes to carry out, works near the railway that threaten, or are likely to threaten, the railway’s safety or operational integrity.\n(sec.45-ssec.2) The Coordinator-General may give the person a written direction to stop, alter or not start the works.\n(sec.45-ssec.3) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.45-ssec.4) If works are carried out without an approval under section 44 or contrary to a direction under subsection (2) , the Coordinator-General may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable period.\n(sec.45-ssec.5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.45-ssec.6) If the person does not comply with the requirement, the Coordinator-General may— alter, demolish or take away the works; or alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\n(sec.45-ssec.7) Before giving a direction under subsection (2) or a notice under subsection (4) , the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee.\n(sec.45-ssec.8) For this section, a person authorised by the Coordinator-General may enter land and inspect works— after giving 3 days written notice of the entry to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier to the entry; or without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.\n(sec.45-ssec.9) If a person enters land under subsection (8) (c) , the Coordinator-General must give the land’s owner or occupier as much oral notice as is practicable.\n(sec.45-ssec.10) This section binds all persons, including the State.\n- (a) alter, demolish or take away the works; or\n- (b) alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\n- (a) after giving 3 days written notice of the entry to the land’s owner or occupier; or\n- (b) with the written agreement of the land’s owner or occupier to the entry; or\n- (c) without notice or approval, if the Coordinator-General reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Registration of notice about nature of works","content":"### sec.46 Registration of notice about nature of works\n\nThis section applies if the Coordinator-General reasonably believes works near the railway that may be conducted on land are likely to threaten the safety or operational integrity of the railway.\nThe Coordinator-General may give the registrar of titles a signed notice—\nidentifying the land; and\nidentifying the nature of works that may be conducted on the land the Coordinator-General reasonably believes is likely to threaten the safety or operational integrity of the railway; and\nstating that the owner of the land must obtain the Coordinator-General’s written approval under section 44 before conducting works of that nature on the land.\nThe registrar of titles must ensure a notice appears in the appropriate register so that a search of the register will show that an owner of the land must obtain the Coordinator-General’s written approval under section 44 before conducting works of the nature identified in the notice on the land.\nNo fee is payable for registration of the notice.\n(sec.46-ssec.1) This section applies if the Coordinator-General reasonably believes works near the railway that may be conducted on land are likely to threaten the safety or operational integrity of the railway.\n(sec.46-ssec.2) The Coordinator-General may give the registrar of titles a signed notice— identifying the land; and identifying the nature of works that may be conducted on the land the Coordinator-General reasonably believes is likely to threaten the safety or operational integrity of the railway; and stating that the owner of the land must obtain the Coordinator-General’s written approval under section 44 before conducting works of that nature on the land.\n(sec.46-ssec.3) The registrar of titles must ensure a notice appears in the appropriate register so that a search of the register will show that an owner of the land must obtain the Coordinator-General’s written approval under section 44 before conducting works of the nature identified in the notice on the land.\n(sec.46-ssec.4) No fee is payable for registration of the notice.\n- (a) identifying the land; and\n- (b) identifying the nature of works that may be conducted on the land the Coordinator-General reasonably believes is likely to threaten the safety or operational integrity of the railway; and\n- (c) stating that the owner of the land must obtain the Coordinator-General’s written approval under section 44 before conducting works of that nature on the land.","sortOrder":62},{"sectionNumber":"pt.6","sectionType":"part","heading":"Giving or requiring information","content":"# Giving or requiring information","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Coordinator-General may give information to corresponding authority","content":"### sec.47 Coordinator-General may give information to corresponding authority\n\nFor the transport of dangerous goods on or over the Surat Basin rail corridor land, the Coordinator-General may give to a corresponding authority—\ninformation about action taken by the Coordinator-General under this Act; or\ninformation obtained under this Act.\nSubsection (1) does not apply if the Coordinator-General or the corresponding authority would otherwise be required to maintain confidentiality about the information under an Act.\nIn this section—\ncorresponding authority means—\na government entity of the Commonwealth or another State responsible for administering a corresponding law to the Transport Infrastructure Act 1994 or the Rail Safety National Law (Queensland) ; or\nan entity prescribed under a regulation as a corresponding authority for this Act.\ndangerous goods see the Transport Infrastructure Act 1994 , schedule 6 .\ns 47 amd 2017 No. 4 s 145 sch 1\n(sec.47-ssec.1) For the transport of dangerous goods on or over the Surat Basin rail corridor land, the Coordinator-General may give to a corresponding authority— information about action taken by the Coordinator-General under this Act; or information obtained under this Act.\n(sec.47-ssec.2) Subsection (1) does not apply if the Coordinator-General or the corresponding authority would otherwise be required to maintain confidentiality about the information under an Act.\n(sec.47-ssec.3) In this section— corresponding authority means— a government entity of the Commonwealth or another State responsible for administering a corresponding law to the Transport Infrastructure Act 1994 or the Rail Safety National Law (Queensland) ; or an entity prescribed under a regulation as a corresponding authority for this Act. dangerous goods see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) information about action taken by the Coordinator-General under this Act; or\n- (b) information obtained under this Act.\n- (a) a government entity of the Commonwealth or another State responsible for administering a corresponding law to the Transport Infrastructure Act 1994 or the Rail Safety National Law (Queensland) ; or\n- (b) an entity prescribed under a regulation as a corresponding authority for this Act.","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Power to require information from local governments","content":"### sec.48 Power to require information from local governments\n\nThe Coordinator-General may, by written notice given to a local government, require the local government to give to the Coordinator-General, or to a person stated in the notice, information on a particular issue relevant to—\nthe discharge of the Coordinator-General’s functions or the exercise of powers under this Act; or\nthe discharge of the local government’s functions or exercise of powers under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 .\nThe notice must state a reasonable period within which the notice is to be complied with and may state the way in which it is to be complied with.\nThe local government must comply with the notice.\nHowever, the local government may appeal to the Minister against the notice and, if the local government appeals, the local government only has to comply with the notice if, and to the extent that, the Minister directs.\ns 48 amd 2016 No. 27 s 555\n(sec.48-ssec.1) The Coordinator-General may, by written notice given to a local government, require the local government to give to the Coordinator-General, or to a person stated in the notice, information on a particular issue relevant to— the discharge of the Coordinator-General’s functions or the exercise of powers under this Act; or the discharge of the local government’s functions or exercise of powers under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 .\n(sec.48-ssec.2) The notice must state a reasonable period within which the notice is to be complied with and may state the way in which it is to be complied with.\n(sec.48-ssec.3) The local government must comply with the notice.\n(sec.48-ssec.4) However, the local government may appeal to the Minister against the notice and, if the local government appeals, the local government only has to comply with the notice if, and to the extent that, the Minister directs.\n- (a) the discharge of the Coordinator-General’s functions or the exercise of powers under this Act; or\n- (b) the discharge of the local government’s functions or exercise of powers under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 .","sortOrder":65},{"sectionNumber":"pt.7","sectionType":"part","heading":"General offence provisions","content":"# General offence provisions","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Trespassing on railway","content":"### sec.49 Trespassing on railway\n\nA person must not intentionally or recklessly trespass on the railway.\nMaximum penalty—40 penalty units.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Interfering with railway","content":"### sec.50 Interfering with railway\n\nA person in or on the Surat Basin rail corridor land must not interfere with the railway unless—\nthe person has the written approval of a relevant person under this section; or\nthe interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or\nthe interference is otherwise approved, authorised or permitted under this Act or another Act.\nMaximum penalty—160 penalty units.\nA person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1) (a) , (b) or (c) applies to the person.\nMaximum penalty—80 penalty units.\nAn approval may be subject to a reasonable condition.\nThe person must comply with the condition.\nMaximum penalty—40 penalty units.\nSubsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway.\nIf a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision.\nIf the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision.\nIf a railway manager gives an approval under this section, the railway manager must give the Coordinator-General written notice of the approval.\nThe notice must include details of the works or other thing to which the approval relates.\nAn approval given by a railway manager under this section is of no effect to the extent the approval—\nis inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or\nis for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or\nis for works or another thing for which the Coordinator-General has refused to give an approval under this section.\nThis section binds all persons, including the State.\nIn this section—\ninterfere with , the railway, means—\ncarry out works in or on the Surat Basin rail corridor land; or\ncarry out works in or on a railway crossing or watercourse crossing; or\notherwise interfere with the railway or its operation.\nrelevant person means—\na railway manager; or\nif there is no railway manager—the Coordinator-General.\nwatercourse crossing see section 43 (7) .\ns 50 amd 2017 No. 4 s 145 sch 1\n(sec.50-ssec.1) A person in or on the Surat Basin rail corridor land must not interfere with the railway unless— the person has the written approval of a relevant person under this section; or the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or the interference is otherwise approved, authorised or permitted under this Act or another Act. Maximum penalty—160 penalty units.\n(sec.50-ssec.2) A person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1) (a) , (b) or (c) applies to the person. Maximum penalty—80 penalty units.\n(sec.50-ssec.3) An approval may be subject to a reasonable condition.\n(sec.50-ssec.4) The person must comply with the condition. Maximum penalty—40 penalty units.\n(sec.50-ssec.5) Subsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway.\n(sec.50-ssec.6) If a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision.\n(sec.50-ssec.7) If the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision.\n(sec.50-ssec.8) If a railway manager gives an approval under this section, the railway manager must give the Coordinator-General written notice of the approval.\n(sec.50-ssec.9) The notice must include details of the works or other thing to which the approval relates.\n(sec.50-ssec.10) An approval given by a railway manager under this section is of no effect to the extent the approval— is inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or is for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or is for works or another thing for which the Coordinator-General has refused to give an approval under this section.\n(sec.50-ssec.11) This section binds all persons, including the State.\n(sec.50-ssec.12) In this section— interfere with , the railway, means— carry out works in or on the Surat Basin rail corridor land; or carry out works in or on a railway crossing or watercourse crossing; or otherwise interfere with the railway or its operation. relevant person means— a railway manager; or if there is no railway manager—the Coordinator-General. watercourse crossing see section 43 (7) .\n- (a) the person has the written approval of a relevant person under this section; or\n- (b) the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or\n- (c) the interference is otherwise approved, authorised or permitted under this Act or another Act.\n- (a) is inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or\n- (b) is for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or\n- (c) is for works or another thing for which the Coordinator-General has refused to give an approval under this section.\n- (a) carry out works in or on the Surat Basin rail corridor land; or\n- (b) carry out works in or on a railway crossing or watercourse crossing; or\n- (c) otherwise interfere with the railway or its operation.\n- (a) a railway manager; or\n- (b) if there is no railway manager—the Coordinator-General.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Rectifying unauthorised interference","content":"### sec.51 Rectifying unauthorised interference\n\nIf a person contravenes section 50 (1) by interfering with the railway, a railway manager may, by written notice, require the person to rectify the interference within a stated reasonable period.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person does not comply with the requirement, the railway manager may rectify the interference.\nThe person must pay the railway manager’s costs of—\nrectifying the interference; or\naltering the construction, maintenance or operation of the railway because of the interference.\nIn this section—\nrectify the interference means—\nalter, dismantle or take away any works; or\nfix any damage caused by the interference.\n(sec.51-ssec.1) If a person contravenes section 50 (1) by interfering with the railway, a railway manager may, by written notice, require the person to rectify the interference within a stated reasonable period.\n(sec.51-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.51-ssec.3) If the person does not comply with the requirement, the railway manager may rectify the interference.\n(sec.51-ssec.4) The person must pay the railway manager’s costs of— rectifying the interference; or altering the construction, maintenance or operation of the railway because of the interference.\n(sec.51-ssec.5) In this section— rectify the interference means— alter, dismantle or take away any works; or fix any damage caused by the interference.\n- (a) rectifying the interference; or\n- (b) altering the construction, maintenance or operation of the railway because of the interference.\n- (a) alter, dismantle or take away any works; or\n- (b) fix any damage caused by the interference.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Altering watercourse to adversely affect the railway","content":"### sec.52 Altering watercourse to adversely affect the railway\n\nA person must not, without a reasonable excuse, alter a watercourse in a way that adversely affects the railway.\nMaximum penalty—40 penalty units.\nA person must not, without a reasonable excuse, attempt to alter a watercourse in a way that adversely affects the railway.\nMaximum penalty—20 penalty units.\nIn this section—\nalter includes damage and interfere with.\n(sec.52-ssec.1) A person must not, without a reasonable excuse, alter a watercourse in a way that adversely affects the railway. Maximum penalty—40 penalty units.\n(sec.52-ssec.2) A person must not, without a reasonable excuse, attempt to alter a watercourse in a way that adversely affects the railway. Maximum penalty—20 penalty units.\n(sec.52-ssec.3) In this section— alter includes damage and interfere with.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Altering materials or railway works","content":"### sec.53 Altering materials or railway works\n\nA person must not, without a reasonable excuse, alter any naturally occurring materials, stockpile of material or railway works on the railway.\nMaximum penalty—200 penalty units.\nA person must not, without a reasonable excuse, attempt to alter any naturally occurring materials, stockpile of material or railway works on the railway.\nMaximum penalty—100 penalty units.\nA person must not deposit rubbish or abandon goods or materials on the railway other than at places approved by, and under conditions fixed by, a relevant person for the railway.\nMaximum penalty—200 penalty units.\nIn this section—\nalter includes damage, interfere with and remove.\nrelevant person , for the railway, means—\na railway manager; or\nthe Coordinator-General.\n(sec.53-ssec.1) A person must not, without a reasonable excuse, alter any naturally occurring materials, stockpile of material or railway works on the railway. Maximum penalty—200 penalty units.\n(sec.53-ssec.2) A person must not, without a reasonable excuse, attempt to alter any naturally occurring materials, stockpile of material or railway works on the railway. Maximum penalty—100 penalty units.\n(sec.53-ssec.3) A person must not deposit rubbish or abandon goods or materials on the railway other than at places approved by, and under conditions fixed by, a relevant person for the railway. Maximum penalty—200 penalty units.\n(sec.53-ssec.4) In this section— alter includes damage, interfere with and remove. relevant person , for the railway, means— a railway manager; or the Coordinator-General.\n- (a) a railway manager; or\n- (b) the Coordinator-General.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Pretending to be an authorised person or associated person","content":"### sec.54 Pretending to be an authorised person or associated person\n\nA person must not pretend to be—\nan authorised person; or\nan associated person of the Coordinator-General; or\nan associated person of an authorised person.\nMaximum penalty—80 penalty units.\n- (a) an authorised person; or\n- (b) an associated person of the Coordinator-General; or\n- (c) an associated person of an authorised person.","sortOrder":72},{"sectionNumber":"pt.8","sectionType":"part","heading":"Relationship with other Acts","content":"# Relationship with other Acts","sortOrder":73},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transport noise corridors under Building Act 1975","content":"## Transport noise corridors under Building Act 1975","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of provisions of Building Act 1975","content":"### sec.55 Application of provisions of Building Act 1975\n\nThe Building Act 1975 , chapter 8B , parts 1 and 3 (the applied provisions ) applies to the Surat Basin rail corridor land and land adjoining it as if—\na reference to railway land in the applied provisions included a reference to the Surat Basin rail corridor land; and\na reference to the transport chief executive in the applied provisions were a reference to the Coordinator-General.\n- (a) a reference to railway land in the applied provisions included a reference to the Surat Basin rail corridor land; and\n- (b) a reference to the transport chief executive in the applied provisions were a reference to the Coordinator-General.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Recording of information for land in transport noise corridor","content":"### sec.56 Recording of information for land in transport noise corridor\n\nThe Coordinator-General may give the registrar of titles a written notice about land within a transport noise corridor.\nThe notice must include particulars of the land.\nIf the Coordinator-General acts under subsection (1) , the registrar of titles must—\nkeep a record to show the land to which the notice relates is land within a transport noise corridor; and\nkeep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land is within a transport noise corridor.\nSubsection (5) applies if land for which a notice is given under subsection (1) is no longer within a transport noise corridor.\nAs soon as practicable after becoming aware the land is no longer within the transport noise corridor, the Coordinator-General must give the registrar of titles written notice of the fact.\nOn receiving the notice, the registrar of titles must remove the record mentioned in subsection (3) from the registrar’s records.\nNo fee is payable to the registrar for keeping or removing a record under this section.\nIn this section—\ntransport noise corridor means a transport noise corridor designated under the Building Act 1975 , chapter 8B , part 3 .\n(sec.56-ssec.1) The Coordinator-General may give the registrar of titles a written notice about land within a transport noise corridor.\n(sec.56-ssec.2) The notice must include particulars of the land.\n(sec.56-ssec.3) If the Coordinator-General acts under subsection (1) , the registrar of titles must— keep a record to show the land to which the notice relates is land within a transport noise corridor; and keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land is within a transport noise corridor.\n(sec.56-ssec.4) Subsection (5) applies if land for which a notice is given under subsection (1) is no longer within a transport noise corridor.\n(sec.56-ssec.5) As soon as practicable after becoming aware the land is no longer within the transport noise corridor, the Coordinator-General must give the registrar of titles written notice of the fact.\n(sec.56-ssec.6) On receiving the notice, the registrar of titles must remove the record mentioned in subsection (3) from the registrar’s records.\n(sec.56-ssec.7) No fee is payable to the registrar for keeping or removing a record under this section.\n(sec.56-ssec.8) In this section— transport noise corridor means a transport noise corridor designated under the Building Act 1975 , chapter 8B , part 3 .\n- (a) keep a record to show the land to which the notice relates is land within a transport noise corridor; and\n- (b) keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land is within a transport noise corridor.","sortOrder":76},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Easements under Land Title Act 1994","content":"## Easements under Land Title Act 1994","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":"Grant and registration of easements","content":"### sec.57 Grant and registration of easements\n\nThe railway lessee may grant an easement that burdens the railway lease.\nThe instrument creating the easement may be registered under the Land Title Act 1994 , section 83 .\nFor the Land Title Act 1994 , section 83 (1) (b) (i) , a reference to the registered owner is taken to include the railway lessee.\nThis section does not prevent—\nthe Coordinator-General from granting or registering an easement that burdens a lot of the land subject to the railway lease; or\nthe railway lessee from registering more than 1 instrument creating an easement that burdens the railway lease.\nIt is declared that—\nan easement over the railway lease ends when the railway lease ends; and\nthis section only applies to a lot that is the Surat Basin rail corridor land and a lot that adjoins the Surat Basin rail corridor land.\n(sec.57-ssec.1) The railway lessee may grant an easement that burdens the railway lease.\n(sec.57-ssec.2) The instrument creating the easement may be registered under the Land Title Act 1994 , section 83 .\n(sec.57-ssec.3) For the Land Title Act 1994 , section 83 (1) (b) (i) , a reference to the registered owner is taken to include the railway lessee.\n(sec.57-ssec.4) This section does not prevent— the Coordinator-General from granting or registering an easement that burdens a lot of the land subject to the railway lease; or the railway lessee from registering more than 1 instrument creating an easement that burdens the railway lease.\n(sec.57-ssec.5) It is declared that— an easement over the railway lease ends when the railway lease ends; and this section only applies to a lot that is the Surat Basin rail corridor land and a lot that adjoins the Surat Basin rail corridor land.\n- (a) the Coordinator-General from granting or registering an easement that burdens a lot of the land subject to the railway lease; or\n- (b) the railway lessee from registering more than 1 instrument creating an easement that burdens the railway lease.\n- (a) an easement over the railway lease ends when the railway lease ends; and\n- (b) this section only applies to a lot that is the Surat Basin rail corridor land and a lot that adjoins the Surat Basin rail corridor land.","sortOrder":78},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transport Infrastructure Act 1994","content":"## Transport Infrastructure Act 1994","sortOrder":79},{"sectionNumber":"sec.58","sectionType":"section","heading":"Non-application of provisions of Transport Infrastructure Act 1994","content":"### sec.58 Non-application of provisions of Transport Infrastructure Act 1994\n\nThe Transport Infrastructure Act 1994 , chapters 7 and 16 do not apply to—\nrailway works that are carried out, or are to be carried out, under this Act; or\ninvestigations for the expansion or realignment of the Surat Basin rail corridor land that are carried out, or are to be carried out, under this Act; or\nthe Surat Basin rail corridor land; or\nthe railway.\n- (a) railway works that are carried out, or are to be carried out, under this Act; or\n- (b) investigations for the expansion or realignment of the Surat Basin rail corridor land that are carried out, or are to be carried out, under this Act; or\n- (c) the Surat Basin rail corridor land; or\n- (d) the railway.","sortOrder":80},{"sectionNumber":"pt.9","sectionType":"part","heading":"Severance of rail transport infrastructure","content":"# Severance of rail transport infrastructure","sortOrder":81},{"sectionNumber":"sec.59","sectionType":"section","heading":"Severance of declared infrastructure","content":"### sec.59 Severance of declared infrastructure\n\nA regulation may declare that rail transport infrastructure stated in the regulation (the declared infrastructure ) is severed from the Surat Basin rail corridor land on which it is situated or proposed to be situated.\nThe regulation may state the day when the declared infrastructure is severed.\nOn and after the day the declared infrastructure is severed, the declared infrastructure is taken to be, and must be dealt with as, personal property separate from the land.\nThe severance of the declared infrastructure from land under this section—\ndoes not affect the right of the declared infrastructure to be situated on the land; and\ndoes not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and\ndoes not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and\nis not a dutiable transaction under the Duties Act 2001 .\n(sec.59-ssec.1) A regulation may declare that rail transport infrastructure stated in the regulation (the declared infrastructure ) is severed from the Surat Basin rail corridor land on which it is situated or proposed to be situated.\n(sec.59-ssec.2) The regulation may state the day when the declared infrastructure is severed.\n(sec.59-ssec.3) On and after the day the declared infrastructure is severed, the declared infrastructure is taken to be, and must be dealt with as, personal property separate from the land.\n(sec.59-ssec.4) The severance of the declared infrastructure from land under this section— does not affect the right of the declared infrastructure to be situated on the land; and does not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and is not a dutiable transaction under the Duties Act 2001 .\n- (a) does not affect the right of the declared infrastructure to be situated on the land; and\n- (b) does not affect a person’s rights or obligations under an agreement relating to the declared infrastructure, other than to the extent stated in the agreement; and\n- (c) does not affect any right to drain water or sewage from the declared infrastructure across and through the land or to use any means of drainage of water or sewage across and through the land; and\n- (d) is not a dutiable transaction under the Duties Act 2001 .","sortOrder":82},{"sectionNumber":"pt.10","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":83},{"sectionNumber":"sec.60","sectionType":"section","heading":"Internal review of decisions","content":"### sec.60 Internal review of decisions\n\nA person whose interests are affected by a decision made by a railway manager under section 35 or 50 may ask the Coordinator-General to review the decision.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 (the applied provisions ) applies to the review as if—\na reference to a transport Act in the applied provisions included a reference to this Act; and\na reference to the chief executive in the applied provisions were a reference to the Coordinator-General.\n(sec.60-ssec.1) A person whose interests are affected by a decision made by a railway manager under section 35 or 50 may ask the Coordinator-General to review the decision.\n(sec.60-ssec.2) The Transport Planning and Coordination Act 1994 , part 5 , division 2 (the applied provisions ) applies to the review as if— a reference to a transport Act in the applied provisions included a reference to this Act; and a reference to the chief executive in the applied provisions were a reference to the Coordinator-General.\n- (a) a reference to a transport Act in the applied provisions included a reference to this Act; and\n- (b) a reference to the chief executive in the applied provisions were a reference to the Coordinator-General.","sortOrder":84},{"sectionNumber":"sec.61","sectionType":"section","heading":"External review of decisions","content":"### sec.61 External review of decisions\n\nIf the reviewed decision is not the decision sought by the applicant for the review, the Coordinator-General must give the applicant an information notice for the reviewed decision.\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\nIn this section—\ninformation notice , means a written notice stating that the person may—\nask for the reviewed decision to be reviewed by QCAT; and\napply for the reviewed decision to be stayed under the QCAT Act .\nreviewed decision means the Coordinator-General’s decision on a review under section 60 .\n(sec.61-ssec.1) If the reviewed decision is not the decision sought by the applicant for the review, the Coordinator-General must give the applicant an information notice for the reviewed decision.\n(sec.61-ssec.2) The applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision. The QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\n(sec.61-ssec.3) In this section— information notice , means a written notice stating that the person may— ask for the reviewed decision to be reviewed by QCAT; and apply for the reviewed decision to be stayed under the QCAT Act . reviewed decision means the Coordinator-General’s decision on a review under section 60 .\n- (a) ask for the reviewed decision to be reviewed by QCAT; and\n- (b) apply for the reviewed decision to be stayed under the QCAT Act .","sortOrder":85},{"sectionNumber":"pt.11","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":86},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"No need to prove authority","content":"### sec.62 No need to prove authority\n\nIn a proceeding for an offence against this Act, a person who is granted a works authority or investigation authority must be presumed to be an authorised person unless a party to the proceeding, by reasonable notice, requires proof of it.","sortOrder":88},{"sectionNumber":"sec.63","sectionType":"section","heading":"Conduct of company directors, employees or agents","content":"### sec.63 Conduct of company directors, employees or agents\n\nIf, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation about particular conduct, it is enough to show—\nthe conduct was engaged in by a representative of the corporation within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a corporation by a representative of the corporation within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes it took reasonable precautions and exercised appropriate diligence to avoid the conduct.\nIf, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of an individual about particular conduct, it is enough to show—\nthe conduct was engaged in by a representative of the individual within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for an individual by a representative of the individual within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the individual unless the individual establishes the individual took reasonable precautions and exercised appropriate diligence to avoid the conduct.\nIn this section—\nengaging in conduct includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.63-ssec.1) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation about particular conduct, it is enough to show— the conduct was engaged in by a representative of the corporation within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.63-ssec.2) Conduct engaged in for a corporation by a representative of the corporation within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes it took reasonable precautions and exercised appropriate diligence to avoid the conduct.\n(sec.63-ssec.3) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of an individual about particular conduct, it is enough to show— the conduct was engaged in by a representative of the individual within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.63-ssec.4) Conduct engaged in for an individual by a representative of the individual within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the individual unless the individual establishes the individual took reasonable precautions and exercised appropriate diligence to avoid the conduct.\n(sec.63-ssec.5) In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the conduct was engaged in by a representative of the corporation within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) the conduct was engaged in by a representative of the individual within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":89},{"sectionNumber":"sec.64","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.64 Other evidentiary aids\n\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of when the matter came to the complainant’s knowledge.","sortOrder":90},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":91},{"sectionNumber":"sec.65","sectionType":"section","heading":"Summary offences","content":"### sec.65 Summary offences\n\nAn offence against this Act is a summary offence.","sortOrder":92},{"sectionNumber":"sec.66","sectionType":"section","heading":"Limitation on time for starting proceeding for summary offence","content":"### sec.66 Limitation on time for starting proceeding for summary offence\n\nA summary proceeding under the Justices Act 1886 for a summary offence must start within the later of the following periods to end—\n1 year after the commission of the offence; or\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence; or\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":93},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":94},{"sectionNumber":"sec.67","sectionType":"section","heading":"Recovery of cost of damage","content":"### sec.67 Recovery of cost of damage\n\nThis section applies if a person intentionally, recklessly or negligently damages railway works on the railway.\nThe person is liable to pay the relevant person for the railway works the cost of repairing the damage.\nHowever, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator’s knowledge or permission.\nSubsections (2) and (3) apply, whether or not the damage establishes, or relates to, an offence against this Act.\nHowever, if—\na court finds a person guilty of an offence against this Act; and\nin committing the offence, the person damaged works;\nthe court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.\nIn this section—\nregistered operator means the person in whose name the vehicle is registered.\nrelevant person , for railway works, means—\nif the railway works are or were carried out by or for a railway manager—the railway manager; or\notherwise—the Coordinator-General.\nrepairing includes replacing and reconstructing.\n(sec.67-ssec.1) This section applies if a person intentionally, recklessly or negligently damages railway works on the railway.\n(sec.67-ssec.2) The person is liable to pay the relevant person for the railway works the cost of repairing the damage.\n(sec.67-ssec.3) However, if the damage is caused by the driver of a vehicle whose identity is unknown, or who can not be located, the registered operator of the vehicle is liable for the costs of repairing the damage, unless the vehicle was being used without the registered operator’s knowledge or permission.\n(sec.67-ssec.4) Subsections (2) and (3) apply, whether or not the damage establishes, or relates to, an offence against this Act.\n(sec.67-ssec.5) However, if— a court finds a person guilty of an offence against this Act; and in committing the offence, the person damaged works; the court may, as well as imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.\n(sec.67-ssec.6) In this section— registered operator means the person in whose name the vehicle is registered. relevant person , for railway works, means— if the railway works are or were carried out by or for a railway manager—the railway manager; or otherwise—the Coordinator-General. repairing includes replacing and reconstructing.\n- (a) a court finds a person guilty of an offence against this Act; and\n- (b) in committing the offence, the person damaged works;\n- (a) if the railway works are or were carried out by or for a railway manager—the railway manager; or\n- (b) otherwise—the Coordinator-General.","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Amounts payable to Coordinator-General are debts owing to the State","content":"### sec.68 Amounts payable to Coordinator-General are debts owing to the State\n\nAn amount payable by a person to the Coordinator-General under this Act is a debt owing to the State.","sortOrder":96},{"sectionNumber":"sec.69","sectionType":"section","heading":"Disposal of fees, penalties and other amounts","content":"### sec.69 Disposal of fees, penalties and other amounts\n\nAll fees, penalties and other amounts received or recovered under this Act are to be paid to the consolidated fund.","sortOrder":97},{"sectionNumber":"sec.70","sectionType":"section","heading":"Delegations","content":"### sec.70 Delegations\n\nThe Coordinator-General may delegate his or her functions under this Act to—\na person appointed or employed under the State Development and Public Works Organisation Act 1971 , section 5 , 7A , 14 or 15 ; or\nan appropriately qualified public service employee; or\nan appropriately qualified employee of a local body.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate for the functions.\nfunction includes power.\nlocal body means—\na government owned corporation; or\na statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982 ; or\nanother body established under an Act; or\na corporation whose shares are wholly owned by—\nthe State; or\nthe State and 1 or more local governments; or\n1 or more local governments; or\na corporation whose shares are entirely owned by a corporation of the type mentioned in paragraph (d) .\n(sec.70-ssec.1) The Coordinator-General may delegate his or her functions under this Act to— a person appointed or employed under the State Development and Public Works Organisation Act 1971 , section 5 , 7A , 14 or 15 ; or an appropriately qualified public service employee; or an appropriately qualified employee of a local body.\n(sec.70-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate for the functions. function includes power. local body means— a government owned corporation; or a statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982 ; or another body established under an Act; or a corporation whose shares are wholly owned by— the State; or the State and 1 or more local governments; or 1 or more local governments; or a corporation whose shares are entirely owned by a corporation of the type mentioned in paragraph (d) .\n- (a) a person appointed or employed under the State Development and Public Works Organisation Act 1971 , section 5 , 7A , 14 or 15 ; or\n- (b) an appropriately qualified public service employee; or\n- (c) an appropriately qualified employee of a local body.\n- (a) a government owned corporation; or\n- (b) a statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982 ; or\n- (c) another body established under an Act; or\n- (d) a corporation whose shares are wholly owned by— (i) the State; or (ii) the State and 1 or more local governments; or (iii) 1 or more local governments; or\n- (i) the State; or\n- (ii) the State and 1 or more local governments; or\n- (iii) 1 or more local governments; or\n- (e) a corporation whose shares are entirely owned by a corporation of the type mentioned in paragraph (d) .\n- (i) the State; or\n- (ii) the State and 1 or more local governments; or\n- (iii) 1 or more local governments; or","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"Review of Act","content":"### sec.71 Review of Act\n\nThe Minister must review the operation of this Act no later than 10 years after the commencement of this section.\nThe Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.\n(sec.71-ssec.1) The Minister must review the operation of this Act no later than 10 years after the commencement of this section.\n(sec.71-ssec.2) The Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Regulation-making power","content":"### sec.72 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide—\nfor fees payable under this Act and the matters for which they are payable; and\nfor a maximum penalty of 20 penalty units for contravention of a regulation.\n(sec.72-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.72-ssec.2) A regulation may provide— for fees payable under this Act and the matters for which they are payable; and for a maximum penalty of 20 penalty units for contravention of a regulation.\n- (a) for fees payable under this Act and the matters for which they are payable; and\n- (b) for a maximum penalty of 20 penalty units for contravention of a regulation.","sortOrder":100}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3761},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: facilitating the development and operation of the specific Surat Basin Rail infrastructure. Amendments since 2012 (such as updated references to the Property Law Act 2023 and Planning Act 2016) are technical housekeeping updates rather than expansions of scope. The legislation has not grown to regulate general railway construction statewide or broadened into unrelated policy areas."},"complexity_factors":["72 sections with nested subsections and multiple cross-references to at least 10 other Queensland Acts (including the Land Title Act 1994, Property Law Act 2023, Transport Infrastructure Act 1994 and State Development and Public Works Organisation Act 1971).","Multi-layered definitions, particularly 'associated person' (section 10), which nests corporations within contractors within agents, creating a complex hierarchy of authorised individuals.","Conditional administrative pathways requiring distinctions between 'works authorities', 'investigation authorities', and specific approvals for watercourses or nearby construction.","Exceptions to general rules (e.g., 7-day notice requirements waived for 'urgent remedial action') that create conditional operational logic.","Interaction of multiple overlapping roles (Coordinator-General, railway manager, railway lessee, railway licensee, authorised persons) with different powers and liabilities."],"plain_english_summary":"This Queensland law creates a special legal framework to build, operate and maintain the Surat Basin Rail, a freight railway corridor in southern Queensland.\n\n**Who it affects**\n*   **Landowners** whose property borders the designated \"Surat Basin rail corridor land\".\n*   **Railway companies** (licensees, lessees, operators and managers) responsible for the line.\n*   **Local councils** that need to build or alter roads crossing the railway.\n*   The **Coordinator-General**, a senior government officer who issues approvals and oversees the project.\n\n**What it does**\n\n**1. Special leasing rules**\nThe Act allows the Minister to declare railway leases as \"exempt leases.\" This means certain standard property laws (about sub-leasing and mortgage enforcement) do not apply, making it easier to finance the rail corridor.\n\n**2. Powers to enter private land**\nRailway companies and the Coordinator-General can apply for written authority to enter neighbouring private land to:\n*   Carry out construction and maintenance (a \"works authority\", valid up to 3 years).\n*   Survey and test land for future expansion (an \"investigation authority\", valid up to 1 year).\n\nBefore entering, they must generally give at least 7 days' written notice or obtain the owner's agreement. They must pay compensation for any damage caused, and landowners can take disputes to the Land Court. Exceptions apply for urgent safety repairs.\n\n**3. Roads, crossings and water**\n*   Councils must get approval from the Coordinator-General to build new roads over or under the railway, or to alter existing roads that affect rail safety.\n*   Drivers and pedestrians must give way to trains at level crossings. If an accident occurs because they didn't, the railway operator is generally not liable.\n*   The Act controls the diversion of watercourses to prevent flooding of the tracks.\n\n**4. Safety and offences**\n*   It is an offence to trespass on the railway or interfere with tracks and equipment without written approval (fines up to 200 penalty units).\n*   It is an offence to carry out construction work near the railway without approval if it threatens safety.\n*   It is an offence to impersonate an authorised officer.\n\n**5. Reviews and disputes**\nDecisions made by railway managers (such as temporarily closing a level crossing) can be reviewed internally by the Coordinator-General, and then externally by the Queensland Civil and Administrative Tribunal (QCAT).\n\n**Why it matters**\nThe Act creates a streamlined \"one-stop shop\" for railway-related decisions in the Surat Basin. It balances the need for efficient infrastructure development with protections for neighbouring landowners through mandatory notice periods, compensation rights, and offences for unauthorised interference."},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated object throughout. It focuses specifically on facilitating the Surat Basin railway — a defined, geographically specific project. The provisions (exempt leases, land entry powers, road/watercourse management, safety obligations) all clearly serve that single infrastructure development purpose. The 2016 and 2023 amendments updated cross-references to reflect legislative renaming but did not materially expand or narrow the Act's scope."},"complexity_factors":["Multiple interacting pieces of legislation referenced (Land Title Act 1994, Property Law Act 2023, Transport Infrastructure Act 1994, Land Act 1994, Planning Act 2016, State Development and Public Works Organisation Act 1971)","Multiple distinct legal actors with different roles and obligations (Coordinator-General, railway manager, railway licensee, railway lessee, railway operator, authorised persons, associated persons, local governments)","Tiered authority structures — the definition of 'associated person' alone has two separate branches, each with multiple sub-categories of individuals and corporations","Intricate compensation regime with different processes depending on who entered the land and under what authority","Exempt lease mechanism that carves out standard property law protections, requiring cross-referencing with other Acts to understand practical effect","Common areas framework for roads and watercourses involves interactions with land title registration, multiple government bodies, and ongoing liability arrangements","Investigation and works authority application process with consultation requirements, conditions (including bonds/security deposits), cancellation procedures and appeal rights","Safety offences and penalty units regime layered throughout rather than consolidated in one place","Amendments from 2016 and 2023 updating references mid-text adds interpretive complexity","Highly specific geographic and regulatory scope (Surat Basin Infrastructure Corridor State Development Area) requiring knowledge of related State Development legislation"],"plain_english_summary":"## What is this law about?\n\nThis Queensland law creates a special legal framework for building, operating and managing a new railway in the **Surat Basin** — a major coal and gas mining region in southwest Queensland. The railway is intended to transport resources (like coal) from the basin to port.\n\n## Who does it affect?\n\n- **Landowners and farmers** whose property is near or adjacent to the proposed railway corridor — they can have people enter their land for works or investigations, but have rights to notice and compensation\n- **Local governments** — they must get approval before building roads across the railway corridor or changing how nearby roads are managed\n- **Railway operators and managers** — they get clear powers and obligations for building and running the railway safely\n- **The Coordinator-General** — a senior Queensland government official who oversees major infrastructure projects, given broad powers to approve, licence and supervise everything\n- **Mining companies** — as potential users of the railway\n\n## What does it actually do?\n\n**1. Creates a special lease arrangement (\"exempt leases\")**\nThe Minister can declare railway leases to be \"exempt leases,\" which means certain standard property law rules (from the *Land Title Act 1994* and *Property Law Act 2023*) don't apply to them. This gives the railway developer more flexibility in how it holds and uses the land.\n\n**2. Allows entry onto private land**\nThe Coordinator-General, railway operators, and approved contractors can enter private land to:\n- Carry out railway construction and maintenance works\n- Investigate whether land is suitable to expand or realign the railway corridor\n\nLandowners must get **at least 7 days' written notice** before anyone enters (except in emergencies). If damage occurs, landowners can **claim compensation** — settled by agreement or, if that fails, by the Land Court.\n\n**3. Manages roads and crossings**\nLocal governments need the Coordinator-General's approval to build roads across the railway corridor (bridges, underpasses, or level crossings). The railway manager must maintain the road surface around the tracks. Pedestrians and drivers **must give way** to trains at level crossings — if they don't and an accident happens, the railway operator isn't liable.\n\n**4. Handles watercourses (rivers and streams)**\nRailway managers can divert or construct watercourses (streams/drains) with the Coordinator-General's approval. If water pooling threatens train traffic, the Coordinator-General can order landowners to fix it — or enter the land and do it themselves, recovering costs from the owner.\n\n**5. Declares \"common areas\"**\nWhere the railway corridor is interrupted by a road or a watercourse (river/stream along a property boundary), the Minister can declare a \"common area\" — allowing both the railway and the road/watercourse to share the space lawfully.\n\n**6. Safety rules**\nThe Act sets out various obligations and creates criminal offences (with financial penalties) to ensure the railway is safe for workers and the public.\n\n## Why does it matter?\n\nThis is essentially the legal foundation for a major piece of resource industry infrastructure. Without this Act, building a railway through a mix of private, local government and State-owned land would face complex legal obstacles. The Act streamlines that process while (in theory) protecting landowners through notice requirements and compensation rights."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.5","severity":"high","reasoning":"Section 5 defines 'railway' as 'the railway and rail transport infrastructure...'. The word being defined ('railway') appears in its own definition. A reader seeking to understand what 'railway' means is sent back to the same word, making the definition logically vacuous. The only substantive content is 'rail transport infrastructure', but the definition implies that 'railway' and 'rail transport infrastructure' are distinct yet both make up 'the railway'.","confidence":0.95,"description":"Circular definition of 'railway': 'Railway means the railway and rail transport infrastructure situated, or proposed to be situated, within the Surat Basin rail corridor land.' The term 'railway' is defined using the word 'railway' itself, creating a circular definition that provides no actual meaning."},{"type":"self_contradicting","section":"sec.8(2) and sec.8(4)","severity":"medium","reasoning":"Subsection (2) uses 'must', imposing a legal obligation. Subsection (4) then nullifies the practical effect of that obligation by stating non-compliance doesn't affect validity. If there is no consequence attached to breach of the duty (validity is preserved regardless), the 'must' is hollow. While savings clauses of this type are common in legislation, the combination of a mandatory obligation with a complete savings clause creates an internally contradictory instruction.","confidence":0.8,"description":"Section 8 imposes a mandatory obligation on the Minister ('must give a copy') but then declares that failure to comply with that obligation does not affect the validity of the instrument. This renders the mandatory obligation practically meaningless and unenforceable — it is a duty with no consequence."},{"type":"other","section":"sec.22(2)(a)","severity":"high","reasoning":"Granting a power to 'do anything on the land' creates an unlimited discretion. The limiting phrase 'to the extent reasonably necessary or convenient' is internally contradictory when applied to 'do anything' — if you can do anything, there is no logical boundary that 'reasonably necessary or convenient' could impose. Compare with section 20 which specifically enumerates permitted activities. Section 22's catch-all 'do anything' grants powers far beyond investigation purposes including, on its face, demolition, construction, or destruction of land features, with no apparent ceiling.","confidence":0.85,"description":"Section 22(2)(a) grants the Coordinator-General or associated person power to 'do anything on the land' when investigating potential suitability for corridor expansion. This is an extraordinarily broad and effectively unlimited power, constrained only by the vague qualifier 'to the extent reasonably necessary or convenient'. The power to 'do anything' is logically inconsistent with having any defined limit at all."},{"type":"self_contradicting","section":"sec.27(2)(b) and sec.27(2)(c)","severity":"medium","reasoning":"Section 26(3) makes the authorised person liable for loss caused by their or their associated person's entry under a works authority. Section 27(2)(b) then requires the claim notice for entry under a works authority to be given to the Coordinator-General, not the authorised person. The Coordinator-General bears no liability in that scenario under s.26, creating a disconnect between who receives the claim and who is liable to pay it. This is not obviously resolved elsewhere in the Act.","confidence":0.78,"description":"Where an authorised person's associated person causes damage under a works authority, the compensation notice must be given 'to the Coordinator-General' (s.27(2)(b)), yet under s.26(3) it is the authorised person (not the Coordinator-General) who is liable for that compensation. This creates a procedural absurdity where the landowner must notify one party (Coordinator-General) to claim from a different liable party (the authorised person)."},{"type":"self_contradicting","section":"sec.34(4)","severity":"medium","reasoning":"The deeming provision in s.34(4) is triggered by inaction within '30 days of receiving the application' and lists two conditions — not deciding or not giving the notice under s.34(3). But s.34(2)(a)(ii) allows extension of the consideration period. If the Coordinator-General gives a valid extension notice, s.34(4) technically still triggers at 30 days because its text does not incorporate the extended period. The provision should have referred to 'the period under subsection (2)(a)' rather than a flat 30 days.","confidence":0.72,"description":"Section 34(4) deems the Coordinator-General to have approved a proposed road management change if the Coordinator-General fails to decide the application or give notice within 30 days. However, s.34(2)(a)(ii) allows the Coordinator-General to notify a longer period 'before the end of the 30 days'. Section 34(4) then refers only to a flat '30 days' without accounting for the extended period, meaning the deeming provision could trigger approval even when a valid extension has been granted, if the extension notice itself was given but the 30-day period has elapsed."},{"type":"other","section":"sec.40(2) and sec.40(4)","severity":"low","reasoning":"The structure suggests a graduated approach: notify first, then enter if non-compliance. But because s.40(1) independently grants entry power and s.40(2) makes the notice discretionary ('may'), the Coordinator-General is never actually required to give the landowner an opportunity to act first. The procedural protection is illusory.","confidence":0.7,"description":"Section 40(2) says the Coordinator-General 'may' issue a notice requiring the landowner to take remedial action before the Coordinator-General acts. Section 40(4) then says 'if the owner does not comply with the notice' the Coordinator-General may exercise the entry powers. But since issuing the notice is discretionary, the Coordinator-General can bypass the notice requirement entirely and enter immediately under s.40(1), rendering the notice procedure an optional detour rather than a meaningful procedural protection."},{"type":"other","section":"sec.28(1) and sec.28(2)","severity":"medium","reasoning":"The legislative scheme under ss.28-29 is designed to protect landowners by ensuring entrants can demonstrate their authority. Imposing a penalty on authorised persons but not on the Coordinator-General for the same breach creates an irrational gap in the enforcement framework. The Coordinator-General's associated persons could enter land without identification with no legal consequence to the Coordinator-General.","confidence":0.82,"description":"Section 28(1) imposes a mandatory obligation on the Coordinator-General to issue identification to associated persons before they enter land, but no penalty is attached to the Coordinator-General's breach of this obligation. By contrast, s.28(2) imposes the same obligation on authorised persons with a maximum penalty of 10 penalty units. The asymmetric penalty treatment means the Coordinator-General faces no enforcement consequence for failing to issue identification, potentially leaving landowners unable to verify the authority of persons entering their land."},{"type":"other","section":"sec.3(2)(b)(i) and sec.3(2)(b)(iv)","severity":"low","reasoning":"Subsections (i)-(iii) cover construction, maintenance, rolling stock operation, and infrastructure management. Subsection (iv) then refers generically to the railway being 'managed and operated' — activities already captured by the earlier paragraphs. While surplusage in objects clauses is common, here it creates potential interpretive ambiguity about whether (iv) adds something distinct.","confidence":0.55,"description":"Section 3(2)(b) lists as separate objects of the Act: (i) allowing the railway to be 'constructed and maintained in an effective and efficient way' and (iv) allowing the railway to be 'managed and operated in an effective and efficient way'. These two sub-paragraphs, combined with (ii) and (iii), collectively cover all conceivable railway activities, making sub-paragraph (iv) largely redundant given the preceding items already address construction, maintenance, operation and management."}],"contradictions":[{"severity":"high","section_a":"sec.26(3)","section_b":"sec.27(2)(b)","confidence":0.82,"description":"Section 26(3) makes the authorised person liable to compensate for loss arising from entry and activities under a works authority. Section 27(2)(b) requires the compensation notice for entry under a works authority to be given to the Coordinator-General — not the authorised person who is actually liable. The liable party and the party who receives the claim notice are different persons."},{"severity":"high","section_a":"sec.34(2)(a)(ii)","section_b":"sec.34(4)","confidence":0.75,"description":"Section 34(2)(a)(ii) permits the Coordinator-General to extend the 30-day consideration period by written notice before that period expires. Section 34(4) deems approval to have been given if the Coordinator-General does not act within '30 days of receiving the application', with no reference to any extended period. A valid extension under s.34(2)(a)(ii) does not appear to be recognised by the deeming provision in s.34(4), potentially triggering deemed approval even where a lawful extension is in effect."},{"severity":"medium","section_a":"sec.8(2)","section_b":"sec.8(4)","confidence":0.8,"description":"Section 8(2) imposes a mandatory obligation ('must') on the Minister to give the railway lessee a copy of the declaration instrument as soon as practicable. Section 8(4) declares that failure to comply with this obligation does not affect the validity of the instrument. These provisions directly contradict each other: one says the Minister must act, the other says it does not matter if the Minister does not act."},{"severity":"medium","section_a":"sec.28(1)","section_b":"sec.28(2)","confidence":0.85,"description":"Section 28(1) imposes on the Coordinator-General a mandatory obligation to issue identification to associated persons before they enter land, with no penalty for non-compliance. Section 28(2) imposes the same obligation on authorised persons with a maximum penalty of 10 penalty units. The identical obligation is treated differently depending on who holds it, creating an internally inconsistent enforcement regime with no apparent policy justification for the asymmetry."},{"severity":"low","section_a":"sec.20(1)","section_b":"sec.21","confidence":0.7,"description":"Section 20(1) grants the Coordinator-General (or associated person) power to enter the Surat Basin rail corridor land AND adjacent land for railway works without requiring any authority document. Section 21 requires an authorised person under a works authority to enter only 'the land to which the authority applies'. The Coordinator-General therefore has broader and unconditional entry rights over adjacent land than an authorised person holding a formal works authority, even though both may be doing the same railway works. This creates an anomaly where formal authorisation results in narrower powers."},{"severity":"high","section_a":"sec.33(6)(d)","section_b":"sec.37(3)","confidence":0.73,"description":"Section 33(6)(d) provides that the Coordinator-General, railway manager, railway licensee and railway lessee 'do not have any duty or liability for the road or its use or operation' once a road crossing approval is granted. Section 37(3) preserves liability for railway operators and managers where they or their agents were negligent in relation to a level crossing accident. These provisions potentially conflict where negligence occurs at an approved road crossing on Surat Basin rail corridor land — s.33(6)(d) extinguishes liability while s.37(3) preserves it."}]}},"importantCases":[],"_links":{"self":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012","history":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012/history","analysis":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012/analysis","conflicts":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012/conflicts","importantCases":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012/important-cases","documents":"/api/acts/surat-basin-rail-infrastructure-development-and-management-act-2012/documents"}}