Australasia Railway (Special Provisions) Act 1999 (Northern Territory)

This Act creates a specialised legal regime for the Tarcoola to Darwin railway corridor and related railway operations. Mechanically, it authorises the implementation and enforcement of the Concession Deed for construction, operation and maintenance of the railway and alters the operation of many Territory laws so the consortium and the AustralAsia Railway Corporation can build and run the railway with particular statutory privileges and constraints (see s 5A, s 5AA and s 5C). It treats some infrastructure and activities as existing approvals, creates easements and access rights, allows revocation of existing reservations and protected area declarations, modifies planning and building law within the corridor, and adjusts mineral and petroleum access and compensation rules (see ss 7, 8, 9, 10, 13, 14, 16-17, 22).

Key mechanical changes include:

Authorisation and enforcement of the Concession Deed, including express availability of specific performance against the Territory and the Corporation (s 5A; s 5AA).
Priority treatment for consortium applications across agencies, statutory corporations and councils (s 6).
Fixed railway infrastructure is declared personal property for disposals (s 7).
Planning law adaptations making the Planning Minister the consent authority for the corridor, creating permitted development uses that do not require consent, and overriding other planning/development provisions for corridor land (s 8).
Building approvals are treated as pre-existing for structures on corridor land, and many building controls are excluded for certain railway-related structures (ss 9, 9A, 9B).
Crown land reservations, roads and park/reserve declarations can be revoked for corridor purposes by Gazette notice (ss 10, 11, 13).

NORTHERN TERRITORY OF AUSTRALIA AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) ACT 1999 As in force at 1 July 2024 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Sunset provision .............................................................................. 1 4 Act binds Crown .............................................................................. 1 5 Interpretation ................................................................................... 1 5A Concession Deed: authorisation of implementation and enforcement..................................................................................... 3 5AA Specific performance against Territory ............................................ 3 5C Existing rights and interests in land modified ................................... 4 6 Applications relating to railway to be given priority .......................... 4 7 Fixed railway infrastructure .............................................................. 4 8 Development provisions for corridor ................................................ 4 8A Lease of Darwin Port Corporation land to consortium not a subdivision ....................................................................................... 6 9 Building approvals for existing structures ........................................ 6 9A Certain building and planning restrictions not to apply .................... 7 9B Building controls not to apply to certain structures .......................... 7 10 Revocation of reservations of Crown land ....................................... 7 10A Relief against forfeiture of leases .................................................... 8 10AA Power of Crown Lands Minister to enter agreements about termination or forfeiture of leases .................................................. 12 10B Certain provisions of Law of Property Act 2000 not to apply ......... 12 10C Sub-letting of pastoral lease .......................................................... 13 11 Closure of roads ............................................................................ 13 11A Temporary closure of roads ........................................................... 14 11B Modification of section 59 of Control of Roads Act 1953 for sleeper plants ................................................................................ 15 11C Granting of rights over roads ......................................................... 15 12 Road crossings .............................................................................. 15 12A Waterway crossings ...................................................................... 16 13 Revocation of national parks, reserves etc. ................................... 17 14 Easements in favour of PowerWater ............................................. 18 14A Access easements in favour of private landholders....................... 19 15 Corridor general reserved land ...................................................... 20 16 Consortium may mine extractive minerals on corridor general reserved land ................................................................................. 20 16A Consent required for access over corridor to mineral interest area ............................................................................................... 21 16B Access to petroleum permit or licence area over corridor only with consent................................................................................... 22 16C Access not to interfere with railway ............................................... 23

AustralAsia Railway (Special Provisions) Act 1999 ii 16D Entry on land not to interfere with railway ...................................... 23 17 Authority to construct railway on mineral interest area .................. 23 17A Activities under mineral interest not to interfere with railway ......... 24 17B Activities on petroleum permit or licence area not to interfere with railway .................................................................................... 24 17C Mineral royalties ............................................................................ 24 18 Corridor need not be fenced .......................................................... 24 18A Places and objects to which Heritage Conservation Act 1991 applies ........................................................................................... 24 18B Amalgamation etc. of Authority Certificates ................................... 25 19 Workmen's Liens Act 1893 does not operate during construction ................................................................................... 26 19A Acquisition on just terms ................................................................ 27 19B Proceedings involving Crown ........................................................ 27 20 Regulations.................................................................................... 28 21 Protocols........................................................................................ 29 22 Transitional matters for Mineral Titles Act 2010............................. 29 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2024

AUSTRALASIA RAILWAY (SPECIAL PROVISIONS) ACT 1999 An Act to make provision in connection with the railway from Tarcoola to Darwin and for related purposes 1 Short title This Act may be cited as the AustralAsia Railway (Special Provisions) Act 1999. 2 Commencement The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette. 3 Sunset provision Where a regulation declares that section 6, 16 or 19 ceases to operate on and after a specified date, being a date not earlier than the date on which the regulation is notified in the Gazette, the section ceases to operate on and after that date. 4 Act binds Crown This Act binds the Crown in right of the Territory and, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 5 Interpretation (1) In this Act, unless the contrary intention appears: additional land means land in relation to which section 8 of this Act is declared under section 8(7) to apply. Concession Deed means the Concession Deed in respect of the construction, operation and maintenance of the railway entered into by South Australia, the Territory, the Corporation and the consortium as amended and in force from time to time.

AustralAsia Railway (Special Provisions) Act 1999 2 consortium means the person or group of persons responsible for constructing and operating the railway and includes: (a) if the consortium is a person – the successors and assignees of the person; (b) if the consortium is a group of persons – a member of the group and the successors and assignees of the group and of a member of the group; and (c) a contractor or other person acting for or on behalf of the consortium or a member of the consortium in connection with the construction or operation of the railway or both. Corporation means The AustralAsia Railway Corporation established by section 4 of the AustralAsia Railway Corporation Act 1996. corridor means the land leased by the Territory or another person to the Corporation for the construction, operation and maintenance of the railway from Tarcoola in South Australia to Darwin in the Territory. corridor general reserved land, see section 15(1). fixed railway infrastructure, in relation to the railway, means: (a) railway track; or (b) buildings, installations or equipment for: (i) the operation and use of railway track; (ii) the embarkation and disembarkation of passengers; or (iii) the loading and unloading of goods. mineral interest means one of the following: (a) a mineral title mentioned in section 11(1) of the Mineral Titles Act 2010; (b) a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act 2010. mineral interest area means the area of land to which a mineral interest relates.

AustralAsia Railway (Special Provisions) Act 1999 3 railway means the railway from Tarcoola to Darwin and associated facilities, plant and equipment, rolling stock and all other assets required for the operation of the railway and includes the rights to use the corridor. road has the same meaning as in the Control of Roads Act 1953. survey plan means a plan of a land boundary survey approved by the Surveyor-General under section 49 of the Licensed Surveyors Act 1983. (2) Subject to subsection (1), where a word used in a section of this Act is defined in an Act referred to in the section, the word has the same meaning in that section as it has in the Act so referred to. (3) A section of this Act (which includes the definitions incorporated into the section under subsection (1)) that refers to another Act is incorporated into and is to be read as one with the other Act. 5A Concession Deed: authorisation of implementation and enforcement (1) The implementation of the Concession Deed is authorised. (2) Despite any Act or other law in force in the Territory to the contrary, an order for specific performance may be made and enforced against the Territory or the Corporation in respect of its obligations under the Concession Deed or any other agreement, contract, deed or other arrangement entered into for a purpose connected with the construction, operation or maintenance of the railway in the same circumstances and on the same conditions as an order for specific performance could be ordered and enforced against a subject of the Crown. (3) For the purposes of the law of the Territory, the conferral of rights on the consortium by the Concession Deed is not to be taken to be a grant of a monopoly. 5AA Specific performance against Territory Despite any Act or other law in force in the Territory to the contrary, an order for specific performance may be made and enforced against the Territory in respect of its obligations under an agreement, contract, deed or other arrangement entered into for a purpose connected with the construction, operation or maintenance of the railway in the same circumstances and on the same conditions as an order for specific performance could be ordered and enforced against a subject of the Crown.

AustralAsia Railway (Special Provisions) Act 1999 4 5C Existing rights and interests in land modified (1) Subject to sections 13(3), 14, 14A and 17A, a right or interest in or in relation to land forming part of the corridor that existed immediately before the commencement of this section is modified in the manner, and to the extent, necessary to enable the consortium to construct, operate and maintain the railway. (2) Subject to section 17A, a right or interest under the Mineral Titles Act 2010 in relation to land forming part of the corridor is modified in the manner, and to the extent, necessary to enable the consortium to construct, operate and maintain the railway. (3) For subsection (2), a right or interest includes a right to enter land, do work, and have access to a mineral title area, as mentioned in section 83 of the Mineral Titles Act 2010. (4) This section does not apply to a right or interest granted to the Corporation or consortium. 6 Applications relating to railway to be given priority Each minister, statutory corporation and local government council must ensure that: (a) in the case of a minister – the minister and officers in the departments administered by the minister; and (b) in the case of a statutory corporation or local government council – the corporation or council and officers employed by it, give priority to considering applications by the consortium in connection with the construction or operation of the railway or both. 7 Fixed railway infrastructure Despite any other law of the Territory, fixed railway infrastructure does not merge with the land to which it is affixed and may be dealt with and disposed of as personal property. 8 Development provisions for corridor (1) The Planning Scheme under the Planning Act 1999 is to be taken to include development provisions applying to the corridor and additional land and, subject to this section, the Planning Act 1999 (except Part 6) applies accordingly. (2) The Planning Minister is the consent authority for the corridor and additional land.

AustralAsia Railway (Special Provisions) Act 1999 5 (3) The development provisions under subsection (1) allow the use and development of the corridor and additional land for the purposes of construction, operation and maintenance of the following without the consent of the consent authority: (a) railway track; (b) bridges, tunnels, earthworks and other structures to support railway track; (c) drainage works; (ca) turkeynest dams; (cb) water extraction facilities; (d) signalling and other communication systems; (e) power lines; (f) airstrips; (g) construction camps but only during the construction of the railway; (h) temporary office and residential accommodation but only during the construction of the railway. (4) The development provisions under subsection (1) allow any other use or development of the corridor or additional land only with the consent of the consent authority, including the construction, operation and maintenance of the following: (a) railway sleeper manufacturing plants; (b) facilities for the embarkation and disembarkation of passengers; (c) facilities for the loading and unloading or storage of goods; (d) facilities for maintaining rolling stock; (e) facilities for the control of trains; (f) construction camps to which subsection (3)(g) does not apply; (g) office and residential accommodation to which subsection (3)(h) does not apply.

AustralAsia Railway (Special Provisions) Act 1999 6 (5) Division 2 of Part 5 of the Planning Act 1999 does not apply in relation to a development application in respect of the corridor or additional land unless the Planning Minister determines that, in the circumstances of the particular application, it is appropriate for that Division to apply. (6) Despite any development provisions in force under the Planning Act 1999 immediately before the commencement of this section, the use, operation and maintenance of the railway (including fixed railway infrastructure and other buildings or structures in existence, and works being carried out, immediately before the commencement of this section) are to be taken to be existing uses of and works in relation to the corridor under Part 4 of the Planning Act 1999. (7) The Planning Minister may, by notice in the Gazette, declare that this section applies in relation to land additional to the corridor that is specified in the notice. (8) Neither a declaration under subsection (7) nor anything done in relation to land the subject of a declaration under subsection (7) creates, or has the effect of creating, a subdivision within the meaning of the Planning Act 1999. (9) The development provisions under subsection (1) prevail over any other development or other provision under the Planning Scheme or a provision of the Planning Act 1999, whether the provision was in force before or after the commencement of this section. (10) In this section, Planning Minister means the Minister for the time being administering the Planning Act 1999. 8A Lease of Darwin Port Corporation land to consortium not a subdivision Despite section 5 of the Planning Act 1999, a lease granted by the Darwin Port Corporation to the consortium for the purposes of the railway is not a subdivision for the purposes of that Act. 9 Building approvals for existing structures (1) Fixed railway infrastructure and any other buildings or structures existing in the corridor immediately before the commencement of this section (existing structures) are to be taken to comply: (a) in the case of existing structures in relation to which the former Building Act applies by virtue of section 170 of the current Building Act – with the requirements of the former Building Act; and

AustralAsia Railway (Special Provisions) Act 1999 7 (b) in the case of existing structures in relation to which the current Building Act applies – with the requirements of the current Building Act, and all relevant approvals, consents, permits, reports and other things required by or under the former Building Act or the current Building Act (as the case requires) are to be taken to have been issued or obtained in respect of those existing structures. (2) In subsection (1): current Building Act means the Building Act 1993 as in force immediately before the commencement of this section. former Building Act means the Building Act 1993 as in force immediately before 1 September 1993. 9A Certain building and planning restrictions not to apply A provision of the Planning Act 1999 or Building Act 1993, or of an instrument of a legislative or administrative character made under those Act, that relates to the siting of buildings, plot ratios or to buildings constructed across lot boundaries does not apply to the corridor or to additional land. 9B Building controls not to apply to certain structures (1) Despite section 6(2) of the Building Act 1993, Parts 4 to 13 (inclusive) of that Act do not apply in relation to a structure referred to in section 8(3)(a) to (f) (inclusive) wherever in the Territory the structure is situated. (2) To avoid doubt, in accordance with section 6(2) of the Building Act 1993, Parts 4 to 13 (inclusive) of that Act apply in relation to a structure referred to in section 8(3)(g) or (h) or 8(4)(a) to (g) (inclusive) that is situated in a part of the Territory in respect of which a declaration under section 6(2) of the Building Act 1993 is in force. 10 Revocation of reservations of Crown land (1) The Minister may, by notice in the Gazette, declare that any reservation under section 76 of the Crown Lands Act 1992 extending over any part of the land described in the notice (being land in or to be included in the corridor) is, to that extent, revoked. (2) A declaration under subsection (1) has effect according to its tenor and despite the provisions of the Crown Lands Act 1992 relating to the revocation of reservations.

AustralAsia Railway (Special Provisions) Act 1999 8 10A Relief against forfeiture of leases (1) In relation to a registered lease: (a) sections 136 to 140 (inclusive) of the Law of Property Act 2000 (Act No. 1 of 2000) apply subject to the modifications that: (i) may be made to, or that may apply in relation to, those provisions by virtue of this section; or (ii) may be made by regulation; and (b) the provisions of the Crown Lands Act 1992 relating to forfeiture of leases and Part 13, Division 2 of the Business Tenancies (Fair Dealings) Act 2003 do not apply. (2) Relief against forfeiture of a lease (whether under section 138 or 139 of the applied provisions or any other law of the Territory, including the common law and the law of equity) is not available if the lease is being terminated as a consequence of the lawful termination of the Concession Deed. (3) On an application for relief against forfeiture of a registered lease under section 138 of the applied provisions, subject to subsections (2) and (11), the Supreme Court must grant the relief unless the Court is satisfied: (a) that there has been a material breach of the lease; (b) that written notice of the breach has been given to the lessee, any sublessee under a registered sublease and the holder of any registered security over the lease or any registered sublease requiring: (i) in the case of a remediable breach, including a breach for non-payment of rent – the breach to be remedied; (ii) in the case of a non-remediable breach – the payment of reasonable compensation; or (iii) in the case of a breach which is partly remediable and partly non-remediable – the breach to be remedied to the extent that it is capable of remedy and otherwise the payment of reasonable compensation; (c) that a reasonable period of time to comply with the requirements set out in the notice under paragraph (b) has been given;

AustralAsia Railway (Special Provisions) Act 1999 9 (d) in the case of a breach which is remediable or partly remediable – that the breach has not been remedied and none of the lessee, any sublessee under a registered sublease or the holder of any registered security over the lease or any registered sublease is diligently pursuing the remedy of the breach or that part of the breach that is remediable; and (e) in the case of a breach which is non-remediable or partly non-remediable – that reasonable compensation has not been paid. (4) If a lessee under a registered lease is not entitled to relief under subsection (3), subject to subsection (2), the Supreme Court may grant the lessee relief in accordance with section 138(2) and (3) of the applied provisions. (5) Section 138 of the applied provisions (as modified by the operation of subsection (3) of this section) is to operate as if the section included a provision allowing a sublessee under a registered sublease or the holder of any registered security over a registered sublease to make application under that section in relation to the registered headlease (and such an application may be made even though the headlessee has not applied for relief under that section). (6) Section 139 of the applied provisions is to operate as if the section included a provision allowing the holder of any registered security over a registered sublease to make application under that section as if the holder of the security were a sublessee. (7) On an application in relation to a registered headlease under section 139 of the applied provisions by a sublessee under a registered sublease or the holder of any registered security over a registered sublease, the Supreme Court must, subject to subsections (8) and (11), grant the application unless: (a) the granting of the application would be inconsistent with a decision on an application under section 138 of the applied provisions; (b) the Court is satisfied, in respect of any breach of the headlease, that the headlessee has not had a reasonable opportunity: (i) to remedy the breach or to pay reasonable compensation or both; or (ii) to apply for relief against forfeiture,

AustralAsia Railway (Special Provisions) Act 1999 10 taking into account: (iii) sections 137 and 138 of the applied provisions and this section; and (iv) the principle that the preservation of the headlease (and any registered sublease) by way of orders under section 138 of the applied provisions (as modified by the operation of subsection (3) of this section) is to be preferred to the making of an order under section 139 of the applied provisions; or (c) the Court is satisfied, in respect of any breach of the headlease that is attributable to any act, omission or default of the sublessee or the holder of any registered security over the sublease: (i) that written notice of the breach has been given to the sublessee and the holder of any registered security over the sublease requiring: (A) in the case of a remediable breach, including a breach for non-payment of rent – the breach to be remedied; (B) in the case of a non-remediable breach – the payment of reasonable compensation; or (C) in the case of a breach which is partly remediable and partly non-remediable – the breach to be remedied to the extent that it is capable of remedy and otherwise the payment of reasonable compensation; (ii) that a reasonable period of time to comply with the requirements set out in the notice under subparagraph (i) has been given; (iii) in the case of a breach which is remediable or partly remediable – that the breach has not been remedied and neither the sublessee nor the holder of any registered security over the sublease is diligently pursuing the remedy of the breach or that part of the breach that is remediable; and (iv) in the case of a breach which is non-remediable or partly non-remediable – that reasonable compensation has not been paid.

AustralAsia Railway (Special Provisions) Act 1999 11 (8) Subsection (7) does not derogate from the operation of section 139(2) and (3) of the applied provisions. (9) If a sublessee under a registered sublease is not entitled to an order under subsection (7), subject to subsection (2), the Supreme Court may grant an order in accordance with section 139 of the applied provisions. (10) If the Supreme Court makes an order under section 139(1)(d) of the applied provisions in respect of a registered lease, the lease granted to the sublessee by virtue of the order (the new lease) is to include a provision to the effect: (a) that despite any law to the contrary or any provisions as to the period of the new lease, the new lease will be automatically and simultaneously determined on the termination of the Concession Deed and without necessity of notice; (b) that if the new lease is determined in the manner contemplated by paragraph (a), the new lease and any interests derived or dependent on the new lease will be determined for all time; and (c) that, for the avoidance of doubt, it is expressly acknowledged and agreed by the parties to the new lease that, on the termination of the Concession Deed, the new lease is intended to and will expire by effluxion of time, despite any law. (11) The Supreme Court must not make an order under section 138 or 139 of the applied provisions in relation to a registered headlease on the application of a sublessee under a registered sublease or the holder of any registered security over a registered sublease unless: (a) the headlessee; and (b) any sublessee under a registered sublease or holder of any registered security over a registered sublease who is not the applicant, has had notice of the application and the Court has given each of those persons who is entitled to such notice a reasonable opportunity to be heard on the application. (12) In this section, unless the contrary intention appears: applied provisions means sections 136 to 140 (inclusive) of the Law of Property Act 2000 (Act No. 1 of 2000) as modified and applied under this section.

AustralAsia Railway (Special Provisions) Act 1999 12 lease means: (a) a lease over a part of the corridor and includes: (i) a sublease over a part of the corridor; and (ii) a lease over a part of the corridor granted by virtue of an order under section 139(1)(d) of the applied provisions; or (b) a lease over a part of the Port of Darwin granted for a purpose connected with the construction, operation or maintenance of the railway. lessee includes: (a) a sublessee; and (b) the executors, administrators and assigns of a lessee. 10AA Power of Crown Lands Minister to enter agreements about termination or forfeiture of leases (1) Despite the provisions of the Crown Lands Act 1992 relating to the termination and forfeiture of leases, the Crown Lands Minister may in the name of the Territory enter into an agreement relating to the termination or forfeiture of a lease over a part of the corridor granted under that Act, including an agreement that is inconsistent with the provisions of the Crown Lands Act 1992 relating to the termination and forfeiture of leases. (2) In subsection (1), Crown Lands Minister means the Minister for the time being administering the Crown Lands Act 1992 (except section 79). 10B Certain provisions of Law of Property Act 2000 not to apply Sections 134 and 141 of the Law of Property Act 2000 do not apply in relation to: (a) a sublease over a part of the corridor; or (b) a lease over a part of the Port of Darwin granted for a purpose connected with the construction, operation or maintenance of the railway.

AustralAsia Railway (Special Provisions) Act 1999 13 10C Sub-letting of pastoral lease For the purposes of section 68(5) of the Pastoral Land Act 1992, a purpose relating to the construction of the railway is a prescribed purpose. 11 Closure of roads (1) The Minister may, by notice in the Gazette, declare that a road extending over any part of the land described in the notice (being land in or to be included in the corridor) is, to that extent, permanently closed. (2) A declaration under subsection (1) has effect according to its tenor and despite the provisions of the Control of Roads Act 1953 or the Local Government Act 2019 relating to the closure of roads. (3) Despite anything to the contrary in the Control of Roads Act 1953, after closure of a road or part of a road under this section, the land comprising the road or the part of a road that was closed forms part of the corridor. (4) Where a headlease is granted before a road or a part of a road intersecting the leasehold under the headlease is closed under this section: (a) after closure of the road or the part of a road, the land comprising the road or the part of a road that was closed is to be taken to be part of that leasehold and part of the subleasehold of a sublease over that land; and (b) the headlease, the sublease or the exercise of a right or performance of an obligation under the headlease or sublease is not invalid on the ground that the headlease was granted before the closure. (5) In subsection (4): headlease means a lease over a part of the corridor granted by the Territory to the Corporation. leasehold means the land under a headlease. sublease means a sublease over the whole or any part of a leasehold. subleasehold means the land under a sublease.

AustralAsia Railway (Special Provisions) Act 1999 14 (6) A declaration that: (a) purports to close a road or a part of a road under subsection (1) but was published in the Gazette before 19 April 2000; and (b) would, but for its publication before that date, be a declaration under subsection (1), is to be taken to be a declaration under subsection (1) published on 19 April 2000. 11A Temporary closure of roads (1) This section applies despite anything in the Control of Roads Act 1953. (2) Subject to this section, the consortium is entitled to temporarily close the whole or any part of a road for a purpose connected with the construction, operation or maintenance of the railway. (3) A right conferred on the consortium by subsection (2) is exercisable only with the consent of the Transport Minister under subsection (4). (4) The Transport Minister may in writing consent to the consortium exercising a right conferred on it by subsection (2) subject to such conditions as the Transport Minister thinks fit. (5) The conditions that may be imposed under subsection (4) include but are not limited to conditions about the following: (a) the period of the temporary closure; (b) public notification of the temporary closure, both prior to and during the temporary closure; (c) the use of the road in an emergency situation during the temporary closure; (d) the use of the road by persons other than the consortium during the temporary closure; (e) the manner in which the road may be used by the consortium during the temporary closure, including to support plant, equipment and structures by affixing them to the road. (6) In this section: road includes a bridge.

AustralAsia Railway (Special Provisions) Act 1999 15 Transport Minister means the Minister for the time being administering the Control of Roads Act 1953 (except Part IV). 11B Modification of section 59 of Control of Roads Act 1953 for sleeper plants Section 59 of the Control of Roads Act 1953 applies to a railway sleeper manufacturing plant erected or built on a road in accordance with a permission granted under that section as if subsection (5) had been amended by omitting "6 months after the date the notice was given" and substituting 'the period determined by the Minister in accordance with the condition in the permission relating to when the permission is to be revoked'. 11C Granting of rights over roads (1) This section applies despite anything in the Control of Roads Act 1953. (2) Subject to this section, the Transport Minister may grant to the consortium a right in respect the whole or any part of a road for a purpose connected with the construction, operation or maintenance of the railway. (3) The kinds of rights that may be granted under subsection (2) include but are not limited to a right to use the road to support a bridge or other structure. (4) A right granted under subsection (2) is subject to the conditions the Transport Minister thinks fit, including but not limited to a condition about the period during which the right may be exercised. (5) In this section: road includes a bridge. Transport Minister means the Minister for the time being administering the Control of Roads Act 1953 (except Part IV). 12 Road crossings (1) This section applies subject to the Rail Safety (National Uniform Legislation) Act 2012 but despite any other law of the Territory. (2) Subject to this section, the consortium is entitled to construct, operate and maintain the railway across a road. (3) A right conferred on the consortium by subsection (2) is exercisable only with the consent of the Transport Minister under subsection (4).

AustralAsia Railway (Special Provisions) Act 1999 16 (4) The Transport Minister may in writing consent to the consortium exercising a right conferred on it by subsection (2) subject to such conditions as the Transport Minister thinks fit. (5) The conditions that may be imposed under subsection (4) include but are not limited to conditions about the following: (a) the installation, operation and maintenance of safety devices in connection with the railway crossing; (b) the construction, use and maintenance of the road at and on either side of the railway crossing. (6) If the consortium fails to comply with a condition to which any consent under subsection (4) is subject: (a) the Territory may take the action necessary to give effect to the condition; and (b) the reasonable costs and expenses incurred by the Territory in taking that action are recoverable as a debt due to the Territory from the consortium. (7) In this section: railway crossing, in relation to a road, means the point at which the railway crosses the road. Transport Minister means the Minister for the time being administering the Control of Roads Act 1953 (except Part IV). 12A Waterway crossings (1) Subject to subsection (2), the right of the consortium to construct, operate and maintain the railway across a waterway does not include: (a) the right to prevent, restrict or interfere with the passage of vessels on the waterway; (b) the right to divert or use water in the waterway; or (c) the right to obstruct the flow of water in the waterway. (2) The consortium is only entitled to exercise a right specified in subsection (1)(a), (b) or (c) with the consent of the Water Minister. (3) The Water Minister may in writing consent to the consortium exercising a right specified in subsection (1)(a), (b) or (c) subject to such conditions as the Water Minister thinks fit.

AustralAsia Railway (Special Provisions) Act 1999 17 (4) The conditions that may be imposed under subsection (3) include but are not limited to conditions about the following: (a) the construction and use of a bridge across the waterway; (b) the taking of water from the waterway. (5) Section 188A of the Marine Act 1981 does not apply in respect of any thing done by the consortium under its right to construct, operate and maintain a railway across a waterway or under a right for which consent under this section is given. (6) Any thing done by the consortium under its right to construct operate and maintain a railway across a waterway or under a right for which consent under this section is given is to be taken to be permitted under the Water Act 1992. (7) In this section: Water Minister means the Minister for the time being administering the Water Act 1992. waterway has the same meaning as in the Water Act 1992 and includes: (a) the sea; and (b) the beds and banks of a waterway, including the seabed. 13 Revocation of national parks, reserves etc. (1) The Minister may, by notice in the Gazette, declare that any declaration under the Territory Parks and Wildlife Conservation Act 1976 by virtue of which a park, reserve, wilderness zone, protected area or sanctuary extends over any part of the land described in the notice (being land in or to be included in the corridor) is, to that extent, revoked. (2) A declaration under subsection (1) has effect according to its tenor and despite the provisions of the Territory Parks and Wildlife Conservation Act 1976 relating to the revocation of declarations. (3) Where: (a) immediately before a declaration under subsection (1) in relation to an area of land came into force, the area was part of a park, reserve, wilderness zone, protected area or sanctuary under the Territory Parks and Wildlife Conservation Act 1976 and was designated as a walking track; and

AustralAsia Railway (Special Provisions) Act 1999 18 (b) the area is indicated on a survey plan for a part of the corridor as an access easement, that area may continue to be used as a walking track but not so as to unreasonably interfere with the construction, operation or maintenance of the railway. 14 Easements in favour of PowerWater (1) This section applies in relation to an installation wholly or partially within the corridor that, immediately before the commencement of this section, was being operated by PowerWater for the purpose of generating or transmitting electricity or providing water or sewerage services, other than an installation on land over which there is registered under the Land Title Act 2000 an easement in gross or other interest in favour of PowerWater. (2) An easement in gross in favour of PowerWater is created over the land occupied by an installation to which this section applies and extends 10 metres in all directions from the installation. (2A) An easement created by subsection (2) is to be taken to be: (a) a general service easement as described in Schedule 1 to the Crown Lands Act 1992; and (b) on and after the commencement of the Law of Property Act 2000 – a general service easement as described in item 7 in Part B of Schedule 3 to the Law of Property Act 2000, and PowerWater has the use and benefit of the easement for the purposes specified in those schedules in relation to that description and has for itself and for its agents and employees all the powers described in those schedules in relation to that use. (3) If PowerWater lodges with the Registrar-General details of an easement created by subsection (2), the Registrar-General must record the easement on or the land register under the Land Title Act 2000. (3A) An easement in gross or other interest in favour of PowerWater: (a) whether over land wholly or partially within the corridor or over any other land; (b) whether created by subsection (2) or otherwise; and (c) whether registered under the Land Title Act 2000 or not,

AustralAsia Railway (Special Provisions) Act 1999 19 does not authorise PowerWater or its agents or employees to engage in an activity on the land that unreasonably interferes with the construction, operation or maintenance of the railway. (4) In this section: PowerWater means the Power and Water Corporation established by section 4 of the Power and Water Corporation Act 1987. 14A Access easements in favour of private landholders (1) Where an access easement, electricity supply easement or water supply easement indicated on a survey plan for a part of the corridor is granted in favour of an owner or occupier of land bordering the corridor, the owner or occupier has the rights and obligations in relation to the easement that are specified in the agreement under which the easement was granted but those rights and obligations are modified in the manner, and to the extent, necessary to enable the consortium to construct, operate and maintain the railway. (2) An easement referred to in subsection (1) is to be taken to have been created on it being indicated on the survey plan. (2A) The rights and obligations of an owner or occupier in relation to an easement created by subsection (2) are to be exercised or satisfied in a manner that complies with protocols made under section 21. (3) The Registrar-General must record interests indicated on the survey plan under subsection (1) in the land register within the meaning of the Land Title Act 2000. (4) An electricity supply easement or water supply easement created by subsection (2) is to be taken to be: (a) an electricity supply easement or water supply easement as described in Schedule 1 to the Crown Lands Act 1992; and (b) on and after the commencement of the Law of Property Act 2000 – an electricity supply easement or water supply easement as described in item 4 or 2 in Part B of Schedule 3 to the Law of Property Act 2000.

AustralAsia Railway (Special Provisions) Act 1999 20 15 Corridor general reserved land (1) The corridor general reserved land is the land specified in the instrument of reservation from occupation no. 24350 made under section 178(1) of the Mining Act 1980 on 6 July 2004 and published in Gazette No. G29 dated 21 July 2004. Note for subsection (1) This land is taken to be general reserved land under the Mineral Titles Act 2010 because of section 214(1) of that Act. (2) If, on or after 6 July 2004, an exploration licence, exploration retention licence or mining tenement granted under the Mining Act 1980 ceases to be in force for any area within the land specified in the instrument of reservation, that area is taken to be part of the corridor general reserved land as if the area had been reserved from occupation under section 178(1) of the Mining Act 1980. (3) If, on or after the commencement of section 214 of the Mineral Titles Act 2010, a mineral interest ceases to be in force for any area within the land specified in the instrument of reservation, that area is taken to be part of the corridor general reserved land as if the area had been reserved as such under section 113 of the Mineral Titles Act 2010. (4) Subsections (1) and (2) are taken to have effect from 6 July 2004. Note for section 15 See also the transitional provision in section 22(3). 16 Consortium may mine extractive minerals on corridor general reserved land (1) In relation to the corridor general reserved land, the consortium is taken to have been granted a mineral authority under the Mineral Titles Act 2010 that corresponds to an extractive mineral lease under that Act. (2) Despite anything to the contrary in the Mineral Titles Act 2010, the period and conditions of the mineral authority must be: (a) imposed by the Minister as he or she considers appropriate; and (b) consistent with the following: (i) the agreement between the Territory, native title parties and the Northern and Central Land Councils about mining extractive minerals on the corridor general reserved land that is dated 18 September 1998 and has

AustralAsia Railway (Special Provisions) Act 1999 21 been lodged with the National Native Title Tribunal; (ii) any agreements between the consortium and the owner of any of the corridor general reserved land about mining extractive minerals on the land. (3) The Mineral Titles Act 2010 applies in relation to the consortium as the holder of a mineral authority, and activities conducted under the mineral authority, only to the extent to which the Mineral Titles Act 2010 is consistent with this Act and the conditions imposed under subsection (2). Example for subsection (3) Section 107 of the Mineral Titles Act 2010 applies in relation to compensation that may be payable by the consortium for damage and loss as a result of activities conducted under the mineral authority. (4) Part 5 of the Environment Protection Act 2019 does not apply in relation to the consortium or activities conducted under the mineral authority. 16A Consent required for access over corridor to mineral interest area (1) Before the holder of a mineral interest may exercise a right under section 83(1) of the Mineral Titles Act 2010 in relation to any part of the corridor, the holder must apply to the relevant Minister for his or her consent to do so. Note for subsection (1) See also section 22(2). (2) Before the relevant Minister may decide the application, he or she must consult with the consortium and take the views of the consortium into consideration. (3) The relevant Minister may impose conditions on consent given under this section. (4) In this section: relevant Minister means the minister administering the Mineral Titles Act 2010.

AustralAsia Railway (Special Provisions) Act 1999 22 16B Access to petroleum permit or licence area over corridor only with consent (1) This section applies to the extent that the shortest practicable route between an area the subject of a permit or licence that is granted under the Petroleum Act 1984 after the commencement of this section and a road, a railway line, the sea or a waterway is over a part of the corridor. (2) Where this section applies, section 65 of the Petroleum Act 1984 is to be read as if subsection (1) were repealed and the following substituted: "(1) Where: (a) by or under this Act, a person is given the right to occupy land as a permittee or licensee; and (b) the shortest practicable route between the land and a road within the meaning of the Control of Roads Act 1953, a railway line, the sea or a waterway is over a part of the corridor, the person may apply to the Minister for a right of access to that land over the corridor. "(1A) On receipt of an application under subsection (1), subject to subsection (1B), the Minister may: (a) grant the right of access subject to the conditions specified in the grant; or (b) refuse to grant the right of access. "(1B) Before making a decision on an application under subsection (1A), the Minister must seek the views of the consortium about the application and, in making the decision, must take those views (if any) into account. "(1C) A right of access over the corridor granted under subsection (1A) entitles the person granted the right and that person's employees and agents to a right of way over the corridor subject to the conditions of grant. "(1D) A person granted a right of access over the corridor under subsection (1A) is entitled, subject to the conditions of grant: (a) to mark out the resultant right of way; and

AustralAsia Railway (Special Provisions) Act 1999 23 (b) to enter upon the corridor with machinery, equipment and workers to perform whatever work is reasonably necessary for the construction of that right of way.". (3) A reference in subsection (2) to the Minister is to be taken to be a reference to the Minister for the time being administering the Petroleum Act 1984. 16C Access not to interfere with railway If under this Act, the Mineral Titles Act 2010 or the Petroleum Act 1984, a person has a right of access to, from or on land that is part of the corridor, the person may only exercise the right in a way that does not interfere with the construction, operation or maintenance of the railway. 16D Entry on land not to interfere with railway If under the Livestock Act 2008 a person in charge of travelling livestock has a right to enter land that is part of the corridor, the person may only exercise the right in a way that does not interfere with the construction, operation or maintenance of the railway. 17 Authority to construct railway on mineral interest area (1) The consortium may enter reserved land, or a mineral interest area, to construct the railway on the land as if the consortium holds an access authority under the Mineral Titles Act 2010 authorising the entry and construction. (2) The holder of a mineral interest is entitled to compensation under section 108 of the Mineral Titles Act 2010 for damage or loss mentioned in that section because of the actions taken by the consortium in relation to the entry of the mineral interest area and construction of the railway. (3) If compensation is payable as mentioned in subsection (2): (a) the consortium is liable to pay for damage and loss as a result of contamination of the mineral interest area or a breach of the consortium's duty of care to the holder of the mineral interest; and (b) the Territory is liable to pay for any other damage and loss. (4) In this section: mineral interest does not include a mineral exploration licence or extractive mineral exploration licence.

AustralAsia Railway (Special Provisions) Act 1999 24 mineral interest area does not include the area to which a mineral exploration licence or extractive mineral exploration licence relates. reserved land, see section 8 of the Mineral Titles Act 2010. 17A Activities under mineral interest not to interfere with railway Despite anything to the contrary in the Mineral Titles Act 2010, the holder of a mineral interest is not authorised to conduct an activity in the mineral interest area that unreasonably interferes with the construction, operation or maintenance of the railway. 17B Activities on petroleum permit or licence area not to interfere with railway Despite anything to the contrary in the Petroleum Act 1984, the grant or renewal of a permit, retention licence or production licence (whether the grant or renewal was before or after the commencement of this section) does not authorise the holder of the permit, retention licence or production licence to engage in an activity on the permit area, retention licence area or production licence area that unreasonably interferes with the construction, operation or maintenance of the railway. 17C Mineral royalties The consortium is not liable to pay royalty under the Mineral Royalty Act 1982 for extractive minerals recovered from general reserved land to which the mineral authority mentioned in section 16(1) relates and used for the purpose of constructing, operating or maintaining the railway. 18 Corridor need not be fenced Subject to the Rail Safety (National Uniform Legislation) Act 2012 but despite any Act or other law of the Territory, the consortium is not required: (a) to fence the corridor or to replace, maintain or repair a fence in relation to the corridor; or (b) to contribute to or join in the construction, replacement, maintenance or repair of a fence in relation to the corridor. 18A Places and objects to which Heritage Conservation Act 1991 applies (1) Where a permit under section 29 of the Heritage Conservation Act 1991 is issued (whether before or after the commencement of this section) in respect of a place or object wholly or partially within

AustralAsia Railway (Special Provisions) Act 1999 25 the corridor or wholly or partially on additional land, the permit is to be taken to permit the consortium to take the same action subject to the same conditions in respect of so much of the place or object as is within the corridor or on the additional land as the person to whom the permit is issued. (2) Despite anything in the Heritage Conservation Act 1991 to the contrary, the consortium is entitled to apply for a permit under section 29 of that Act in respect of so much of a place or object in respect of which an interim conservation order is in force, or is deemed under section 39 of that Act to be in force, as is within the corridor or on additional land. (3) Where an approval under section 39K of the Heritage Conservation Act 1991 is granted (whether before or after the commencement of this section) in respect of a heritage place or heritage object wholly or partially within the corridor or wholly or partially on additional land, the approval is to be taken to authorise the consortium to take the same action subject to the same conditions in respect of so much of the place or object as is within the corridor or on the additional land as the person to whom the approval is granted. (4) For the purposes of Part 6B of the Heritage Conservation Act 1991, the Corporation is to be taken to be the owner of so much of a heritage place or heritage object as is within the corridor or on additional land. 18B Amalgamation etc. of Authority Certificates (1) Subject to this section, the Authority may revoke one or more existing certificates and instead may issue to the Corporation a single Authority Certificate as if the requirements of the Northern Territory Aboriginal Sacred Sites Act 1989 relating to revoking and issuing such certificates had been complied with and that Act applies in relation to the single certificate accordingly. (2) The Authority may only issue an Authority Certificate under subsection (1) if consultations with the custodians of sacred sites on or in the vicinity of the land over which the certificate is issued have taken place (whether before the existing certificate or certificates were issued or before the single certificate is issued). (3) An Authority Certificate issued under subsection (1): (a) must be issued in respect of land over which the existing certificate or certificates were issued but need not be over all of that land and may include other land;

AustralAsia Railway (Special Provisions) Act 1999 26 (b) may only authorise a use or work connected with the construction, operation or maintenance of the railway that is a use or work within a class of uses or work that was contemplated during the consultations referred to in subsection (2); and (c) may set out conditions different from those set out in the existing certificate or certificates but only if the Authority thinks those conditions accord with the custodians' wishes or, if an agreement has been reached between the custodians and the person to whom the existing certificate or certificates was issued or the Corporation, accords with that agreement. (4) The following certificates are to be taken to authorise the consortium to take the same action subject to the same conditions on the land the subject of the certificate as the Corporation: (a) an existing certificate until it is revoked under subsection (1) or otherwise; (b) an Authority Certificate in force under subsection (1). (5) In this section existing certificate means an Authority Certificate under section 22 of the Northern Territory Aboriginal Sacred Sites Act 1989 in force immediately before the commencement of this section that authorises a use or work connected with the construction, operation or maintenance of the railway. (6) A certificate that: (a) purports to be an Authority Certificate issued by the Authority under this section but was issued before this section commenced; and (b) would, but for it being issued before that commencement, have been issued in accordance with this section, is to be taken to be an Authority Certificate issued under subsection (1) on the day on which this section commences. 19 Workmen's Liens Act 1893 does not operate during construction The Workmen's Liens Act 1893 does not apply in respect of work done in connection with the construction of the railway.

AustralAsia Railway (Special Provisions) Act 1999 27 19A Acquisition on just terms (1) If, but for this section, property is acquired under this Act otherwise than on just terms: (a) the person from whom the property is acquired is entitled to receive just compensation for the acquisition; and (b) a court of competent jurisdiction may determine the amount of the compensation or make the orders necessary to ensure that the compensation is on just terms. (2) Compensation under subsection (1) is payable by the Territory. 19B Proceedings involving Crown (1) Subject to this section: (a) relevant proceedings may be brought and conducted by or against the Territory Crown in a South Australian court; and (b) relevant proceedings may be brought and conducted by or against the South Australian Crown in a Territory court. (2) For the purposes of bringing and conducting relevant proceedings by or against the South Australian Crown in a Territory court and for the purposes of determining the rights and liabilities of the South Australian Crown in those proceedings, the following Acts of South Australia apply as laws of the Territory: (a) the Alice Springs to Darwin Railway Act 1997; (b) the Crown Proceedings Act 1992; (c) an Act prescribed by regulation for the purposes of this subsection. (3) An Act that applies as a law of the Territory under subsection (2) will be the Act as in force from time to time unless, in the case of the Crown Proceeding Act 1992, the consortium, as part of bringing or conducting relevant proceedings, elects to apply that Act in force immediately before the commencement of this section (and then that election will have effect accordingly). (4) Subject to subsection (3), the Acts Interpretation Act 1915 of South Australia applies as a law of the Territory in respect of the Acts referred to in subsection (2) and instruments under those Acts. (5) The Interpretation Act 1978 does not apply in respect of the Acts referred to in subsection (2) or instruments under those Acts.

AustralAsia Railway (Special Provisions) Act 1999 28 (6) Without affecting the application of the Crown Proceedings Act 1993 with respect to relevant proceedings brought or conducted by or against the Territory Crown in a Territory court (including proceedings to which the South Australian Crown is also a party), that Act does not apply in respect of relevant proceedings brought or conducted by or against the South Australian Crown in a Territory court (including proceedings to which the Territory Crown is also a party) or for the purposes of determining the rights and liabilities of the South Australian Crown in any such relevant proceedings. (7) For the purposes of bringing relevant proceedings by or against the Territory in a South Australian court, the Legislative Assembly consents to the Parliament of South Australia applying the AustralAsia Railway (Special Provisions) Act 1999 and the Crown Proceedings Act 1993 as laws of South Australia. (8) The doctrine of executive necessity, to the extent (if any) that it applies in the Territory, does not apply to the Territory Crown in relation to its rights and obligation under the Concession Deed. (9) In this section: Crown includes: (a) a Minister, instrumentality or agency of the Crown; (b) a body or person declared by regulation to be an instrumentality or agency of the Crown for the purposes of a particular reference to the Crown in this section. relevant proceedings means civil proceedings arising out of or connected with the construction, operation or maintenance of the railway. South Australian Crown means the Crown in right of South Australia. Territory Crown means the Crown in right of the Territory. 20 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

AustralAsia Railway (Special Provisions) Act 1999 29 (2) In addition to the power to make regulations under subsection (1), the Administrator may make regulations: (a) amending, or modifying the operation of, this Act (other than this section) or any other Act in relation to any matter arising from, connected with or consequential upon the construction of the railway; or (b) containing savings or transitional provisions connected with or consequential upon the enactment of this Act or an amendment or modification under paragraph (a). (3) Regulations made under subsection (2) may be expressed to have taken effect on a day earlier than the day on which the regulations are made, other than a day earlier than the day on which this section commences. (4) The Administrator may only make regulations under subsection (2) during the 12 months commencing on the day on which this section commences. 21 Protocols (1) The Minister and the Minister responsible for the administration of the Rail Safety (National Uniform Legislation) Act 2012 may jointly, by notice in the Gazette, make protocols setting out procedures, requirements and other matters to facilitate rail safety in connection with the railway. (1A) Before making a protocol, the Ministers must consult with the consortium, and any other persons the Ministers consider have relevant interests or expertise, about the protocol. (2) A person must comply with a protocol. Maximum penalty: 50 penalty units. (3) If, in complying with a protocol, a person contravenes or fails to comply with the Rail Safety (National Uniform Legislation) Act 2012 or an instrument of a legislative or administrative character made under that Act, the person is not criminally liable under that Act for the act done or omitted to be done in complying with the protocol. 22 Transitional matters for Mineral Titles Act 2010 (1) The authorization mentioned in repealed section 16(1) continues in force after the commencement day, in relation to the corridor general reserved land, as if it were the mineral authority mentioned in section 16(1).

AustralAsia Railway (Special Provisions) Act 1999 30 (2) If a person holds a right of access granted as specified in repealed section 16A, the right of access to the corridor continues in force after the commencement day. (3) Despite the concurrent operation of repealed section 15 and the instrument mentioned in section 15(1) during the transitional period, if an exploration licence, exploration retention licence or mining tenement was granted under the Mining Act 1980 during that period for an area within the temporary railway reserve: (a) the granting of the licence or tenement was validly done; and (b) anything done during the transitional period in the temporary railway reserve under the licence or tenement that was authorised to be done under the Mining Act 1980, as in force during the transitional period, was validly done; and (c) the occupation of mining land and use of that land by the consortium for mining extractive minerals authorised by section 16, as in force during the transitional period, was validly done. (4) In this section: commencement day means the day on which Part 12 of the Mineral Titles Act 2010 commences. mining land, in relation to an exploration licence, exploration retention licence or mining tenement mentioned in subsection (3), means land to which the licence or tenement relates. repealed, in relation to a specified provision, means that provision of this Act as in force immediately before the commencement of the Mineral Titles Act 2010. temporary railway reserve means the land between the boundary of the Town of Alice Springs and the boundary of the City of Darwin that is within 400 metres of either side of the centreline of the corridor, excluding the corridor general reserved land. transitional period means the period from 6 July 2004 to the day immediately before the commencement day.

ENDNOTES AustralAsia Railway (Special Provisions) Act 1999 31 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION AustralAsia Railway (Special Provisions) Act 1999 (Act No. 65, 1999) Assent date 14 December 1999 Commenced s 5: 19 April 2000 (Gaz S16, 19 April 2000); s 8: 10 October 2000 (Gaz S54, 10 October 2000); ss 10, 11 and 13: 19 April 2000; s 15: 4 December 2000 (Gaz S59, 4 December 2000); s 20: 14 December 2000 (Gaz S60, 14 December 2000); rem: 23 March 2001 (Gaz S11, 22 March 2001) AustralAsia Railway (Special Provisions) Amendment Act 2000 (Act No. 37, 2000) Assent date 13 July 2000 Commenced s 6: 29 September 2000; s 8: 10 October 2000 (Gaz S50, 29 September 2000); rem: 4 December 2000 (Gaz S59, 4 December 2000) AustralAsia Railway (Special Provisions) Amendment Act (No. 2) 2000 (Act No. 54, 2000) Assent date 14 November 2000 Commenced s 10: 19 April 2000; s 17: 1 December 2000; rem: 4 December 2000 (s 2, s 2 AustralAsia Railway (Special Provisions) Act 1999 (Act No. 65, 1999), Gaz S16, 19 April 2000, Gaz S54, 10 October 2000, Gaz S59, 4 December 2000, Gaz S60, 14 December 2000, Gaz S11, 22 March 2001, s 2 AustralAsia Railway (Special Provisions) Amendment Act 2000 (Act No. 37, 2000), Gaz S50, 29 September 2000, Gaz S59, 4 December 2000, s 2 Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000), s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) AustralAsia Railway (Special Provisions) Regulations 2000 (SL No. 61, 2000) Notified 10 January 2001 Commenced 14 February 2001 (Gaz G6, 14 February 2001, p 3)

ENDNOTES AustralAsia Railway (Special Provisions) Act 1999 32 Mining Management (Consequential Amendments) Act 2001 (Act No. 42, 2001) Assent date 19 July 2001 Commenced 1 January 2002 (s 2, s 2 Mining Management Act 2001 (Act No. 43, 2001) and Gaz G46, 21 November 2001, p 2) AustralAsia Railway (Special Provisions) Amendment Act 2003 (Act No. 58, 2003) Assent date 15 December 2003 Commenced 15 December 2003 Statute Law Revision Act 2004 (Act No. 18, 2004) Assent date 15 March 2004 Commenced 1 July 2004 (s 2(2), s 2 Business Tenancies (Fair Dealings) Act 2003 (Act No. 55, 2003) and Gaz G9, 3 March 2004, p 5) Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Assent date 15 September 2004 Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3) AustralAsia Railway (Special Provisions) Amendment Act 2004 (Act No. 64, 2004) Assent date 21 December 2004 Commenced 21 December 2004 Livestock Act 2008 (Act No. 36, 2008) Assent date 8 December 2008 Commenced 1 September 2009 (Gaz G34, 26 August 2009, p 3) Statute Law Revision Act 2009 (Act No. 25, 2009) Assent date 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Rail Safety Act 2010 (Act No. 10, 2010) Assent date 17 March 2010 Commenced 31 October 2010 (Gaz G40, 6 October 2010, p 2) Mineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010) Assent date 18 November 2010 Commenced 7 November 2011 (Gaz G41, 12 October 2011, p 5) Rail Safety (National Uniform Legislation) Act 2012 (Act No. 27, 2012) Assent date 6 December 2012 Commenced 20 January 2013 (Gaz G1, 2 January 2013, p 3) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) Assent date 22 May 2015 Commenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc (Act rep by Act No. 20, 2020, before comm); rem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)

ENDNOTES AustralAsia Railway (Special Provisions) Act 1999 33 Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023) Assent date 6 December 2023 Commenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023 (s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024, p 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2); rem: 1 March 2024 (Gaz G4, 15 February 2024, p 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 5C, 8 to 19, 19B, 21 and 22. 4 LIST OF AMENDMENTS s 5 amd No. 37, 2000, s 4; No. 54, 2000, s 4; No. 37, 2010, s 3 s 5A ins No. 37, 2000, s 5 amd No. 54, 2000, s 5 s 5AA ins No. 54, 2000, s 6 amd No. 12, 2015, s 65 s 5B ins No. 37, 2000, s 5 rep SL No. 61, 2000, r 5 s 5C ins No. 37, 2000, s 5 amd No. 37, 2010, s 3 s 6 amd No. 25, 2009, s 10; No. 28, 2013, s 61 s 8 sub No. 37, 2000, s 6 amd No. 54, 2000, s 7 s 8A ins No. 37, 2000, s 6 s 9 sub No. 37, 2000, s 6 s 9A ins No. 37, 2000, s 6 s 9B ins No. 54, 2000, s 8 s 10A ins No. 37, 2000, s 7 sub No. 54, 2000, s 9; SL No. 61, 2000, r 6 amd No. 18, 2004, s 3 s 10AA ins SL No. 61, 2000, r 6

ENDNOTES AustralAsia Railway (Special Provisions) Act 1999 34 s 10B ins No. 37, 2000, s 7 rep No. 54, 2000, s 9 ins by SL No. 61, 2000, r 6 s 10C ins No. 37, 2000, s 7 s 11 amd No. 54, 2000, s 10; No. 39, 2019, s 370 s 11A ins No. 37, 2000, s 8 ss 11B – 11C ins No. 54, 2000, s 11 s 12 amd No. 10, 2010, s 209; No. 27, 2012, s 48 s 12A ins No. 37, 2000, s 9 s 13 amd No. 37, 2000, s 10 s 14 amd No. 37, 2000, s 11; No. 54, 2000, s 12; SL No. 61, 2000, r 7; No. 58, 2003, s 3 s 14A ins No. 37, 2000, s 12 amd No. 54, 2000, s 13; SL No. 61, 2000, r 8; No. 58, 2003, s 4; No. 54, 2004, s 7 s 14B ins No. 58, 2003, s 5 amd No. 64, 2004, s 2 exp No. No. 64, 2004, s 2 s 15 amd No. 37, 2000, s 13 sub No. 37, 2010, s 3 s 16 amd No. 37, 2000, s 14; No. 42, 2001, s 5 sub No. 37, 2010, s 3 amd No. 34, 2023, s 199 s 16A ins No. 37, 2000, s 15 sub No. 37, 2010, s 3 s 16B ins No. 37, 2000, s 15 s16C ins No. 37, 2000, s 15 amd No. 37, 2010, s 3 s 16D ins No. 37, 2000, s 15 amd No. 36, 2008, s 148 s 17 amd No. 37, 2000, s 16 sub No. 37, 2010, s 3 s 17A ins No. 37, 2000, s 17 sub No. 37, 2010, s 3 s 17B ins No. 37, 2000, s 17 s 17C ins No. 37, 2000, s 17 amd No. 37, 2010, s 3 s 18 sub No. 37, 2000, s 18 amd No. 10, 2010, s 209; No. 27, 2012, s 48 s 18A ins No. 37, 2000, s 18 s 18B ins No. 37, 2000, s 18 amd No. 54, 2000, s 14 s 19A ins No. 37, 2000, s 19 amd No. 54, 2000, s 15 s 19B ins No. 37, 2000, s 19 amd No. 54, 2000, s 16 s 21 rep No. 37, 2000, s 20 ins No. 58, 2003, s 6 amd No. 10, 2010, s 209; No. 27, 2012, s 48; No. 23, 2013, s 4 s 22 ins No. 37, 2010, s 3 sch ins No. 37, 2000, s 21 rep No. 37, 2010, s 3

1 Australasia Railway (Special Provisions) Act 1999

The Act establishes several recurring legal concepts that govern rights and duties within the corridor. These are central to interpreting how the Act displaces ordinary property, planning, resource and administrative law.

Concession Deed and specific performance

The Concession Deed is the central commercial contract authorising the construction, operation and maintenance of the railway. The Act expressly authorises its implementation (s 5A(1)) and allows orders for specific performance to be made and enforced against the Territory and the Corporation in the same way as against private subjects of the Crown (s 5A(2); s 5AA). The Act also instructs that rights conferred by the Concession Deed are not to be taken, for Territory law purposes, as a grant of monopoly (s 5A(3)).

Corridor and additional land

"Corridor" denotes the land leased to the Corporation for the railway (s 5(1)). The Planning Minister may declare additional land where the special planning and development provisions apply (s 8(7)). Many of the Act’s special rules apply to both corridor and additional land.

Modification of existing rights

Existing rights and interests in corridor land are modified if necessary to enable the consortium to build, operate and maintain the railway, subject to certain exceptions (s 5C). The Act thus creates statutory priority over pre-existing rights, except where the Act expressly preserves them (see ss 13(3), 14, 14A, 17A).

Easements, leases and interests

The Act creates and recognises easements in favour of PowerWater (s 14) and access or supply easements in favour of private landholders where indicated on a survey plan (s 14A). It modifies how leases and subleases within the corridor are dealt with, including special rules for relief against forfeiture of registered leases, and confers powers on the Crown Lands Minister to negotiate termination or forfeiture arrangements (ss 10A, 10AA, 10B, 10C).

Planning and building adaptations

The Planning Scheme is taken to include corridor-specific development provisions; the Planning Minister is the consent authority (s 8). Specific railway-related works are permitted without consent (s 8(3)), while other uses require consent (s 8(4)). The Act treats fixed railway infrastructure and other existing structures as having had the requisite building approvals (s 9), and excludes certain building controls for specified structures otherwise captured by general building law (ss 9A, 9B).

Roads, crossings and use of public infrastructure

The Act allows permanent closure of roads (s 11) and temporary closure and other rights over roads, crossings and bridges, subject to ministerial consent and conditions that may be imposed by the Transport Minister (ss 11, 11A, 11C, 12). Where the consortium fails to comply with imposed conditions, the Territory can take corrective action and recover costs as a debt (s 12(6)).

Mineral and petroleum interactions

The Act creates a bespoke regime for extractive mineral rights on corridor general reserved land, treating the consortium as having been granted a mineral authority corresponding to an extractive mineral lease, with conditions to be imposed by the Minister (s 16). It requires ministerial consent before a mineral interest holder may exercise certain access rights over the corridor (s 16A), and modifies the Petroleum Act’s access regime where the shortest practicable route is over the corridor (s 16B). Both mineral and petroleum activities are constrained by the requirement not to unreasonably interfere with the railway (ss 16C, 17A, 17B). The consortium is excused from paying mineral royalties on extractive minerals recovered and used for railway construction, operation or maintenance (s 17C).

Compensation and acquisition

If property is acquired under the Act otherwise than on just terms, the affected person is entitled to just compensation payable by the Territory and may seek determination from a court of competent jurisdiction (s 19A). Mineral title holders have a right to compensation for damage or loss under s 108 of the Mineral Titles Act 2010 when the consortium enters and constructs on mineral interest areas, and the Act apportions liability between the consortium and the Territory for different types of damage (s 17(2)-(3)).

Regulation and ministerial protocols

The Administrator may make regulations to give effect to the Act and may, within a 12 month window after commencement of s 20, make regulations that amend this Act or other Acts for matters arising from the railway, including retroactive application to a date earlier than the regulations’ making (s 20(2)-(4)). The Rail Safety ministers may issue protocols for rail safety, which are mandatory and carry a penalty; protocols also provide limited protection against criminal liability under Rail Safety law where acts are done in compliance with a protocol (s 21).

These concepts show the Act’s structure: a combination of expressly conferred rights for the consortium and the Corporation, ministerial discretion and conditions for use of public assets, statutory modification or displacement of existing legal rights, and specified compensation and enforcement mechanisms.

The Act creates a network of parties with asymmetric rights and duties. The principal affected actors are the consortium, the AustralAsia Railway Corporation, the Territory Crown, South Australian Crown in some cross-jurisdictional respects, Ministers with portfolio responsibilities, holders of existing land and mineral interests in the corridor, agencies and local government, utility providers, and third parties such as landowners adjoining the corridor.

Consortium and Corporation

The consortium, defined broadly and including contractors and assignees (s 5(1)), obtains primary operational rights: construction, operation and maintenance of the railway; priority for approvals (s 6); rights to enter reserved land and mineral interest areas to construct the railway as if holding an access authority (s 17(1)); rights to mine extractive minerals on corridor general reserved land as a mineral authority (s 16(1)); and rights to temporarily close roads, construct crossings and use public infrastructure subject to ministerial consent (ss 11A, 12, 11C). The Corporation is the statutory body established under the AustralAsia Railway Corporation Act 1996, and the Act treats it as a party whose obligations may be enforced under the Concession Deed (s 5A(2)).

Territory and Crown entities

The Territory Crown is explicitly bound by the Act (s 4) and is subject to enforcement via specific performance (s 5A(2); s 5AA) and to compensation liabilities for acquisitions not on just terms (s 19A) and certain damages in relation to consortium entry over mineral interests (s 17(3)(b)). Ministers (Planning, Transport, Water, Crown Lands, and the Minister administering Mineral Titles) receive delegated decision-making powers and discretion to impose conditions and to make declarations revoking reservations and closures (ss 8(2), 11A(4), 12(4), 10(1), 16A(1)).

Local government, statutory corporations and departments

Each minister, statutory corporation and local government council must ensure their officers give priority to consortium applications connected to construction or operation of the railway (s 6). The Darwin Port Corporation is signalled by a specific provision treating a lease it grants to the consortium as not a subdivision (s 8A).

Landholders, lessees and sublessees

Registered lessees and sublessees within corridor land are affected by special rules on relief against forfeiture, noting that some statutory remedies and parts of other Acts do not apply (ss 10A, 10AA, 10B). The Act sets out detailed Supreme Court procedures and limits for relief applications, and provides that sublessees and registered security holders may have standing in relation to headleases (s 10A(3)-(11)). Private landholders bordering the corridor may have access, electricity or water supply easements indicated on a survey plan; those easements are to be modified where necessary to enable consortium operation (s 14A).

Mineral and petroleum title holders

Mineral interest holders and petroleum title holders are directly constrained. They must apply for ministerial consent and the Minister must consult the consortium before allowing access over the corridor (s 16A(1)-(3)); where the shortest practicable route to a petroleum permit area is over the corridor, the Petroleum Act provision is to be read as substituting a ministerial consent process that requires seeking the consortium’s views (s 16B). Mineral and petroleum holders are prohibited from conducting activities that unreasonably interfere with the railway (ss 17A, 17B, 16C).

Statutory utilities and custodians

PowerWater installations inside the corridor that previously operated are granted easements in gross with defined extents and registration requirements; but those easements do not permit activities that unreasonably interfere with railway construction, operation or maintenance (s 14(1)-(3A)). The Northern Territory Aboriginal Sacred Sites Authority and custodians are relevant to the amalgamation or issuance of Authority Certificates; the Authority may consolidate certificates but only after consultations with custodians (s 18B).

Public and emergency services

The Act affects public use of roads, waterways and walking tracks. It permits closures and creates conditions for temporary closures and crossings, while allowing for emergency use during temporary closures as a matter for ministerial conditions (ss 11, 11A, 12, 12A, 13(3)). Section 21 protocols may also set out procedures affecting rail safety and require compliance from persons involved in railway activities.

Who bears costs and potential liabilities

The Territory bears compensation liabilities for compulsory acquisitions not on just terms (s 19A) and for certain damages arising from consortium construction (s 17(3)(b)). The consortium bears liability for contamination and breach of duty of care causing damage or loss to mineral interest holders (s 17(3)(a)), and may be required to pay costs incurred by the Territory to enforce compliance with ministerial conditions, recoverable as a debt (s 12(6)). Private landholders may face modified easement rights and constraints on exercising those rights to avoid interference with the railway (s 14A(1), s 16C).

In sum, the Act centralises operational control and many regulatory exceptions in favour of the consortium and the Corporation, while preserving ministerial oversight, compensation entitlements, and specified judicial remedies for affected third parties.

This section maps the principal statutory duties imposed and rights conferred, with the controlling provisions cited.

Rights conferred on the consortium and Corporation

Implement and enforce the Concession Deed; obtain specific performance against the Territory and Corporation subject to ordinary specific performance conditions (s 5A(1)-(2); s 5AA).
Construct, operate and maintain the railway across roads and waterways with required ministerial consents and conditions (ss 12, 12A).
Temporarily close roads with Transport Minister consent and subject to conditions set by that Minister (s 11A(2)-(5)).
Exercise rights over corridor general reserved land to mine extractive minerals as if holding a mineral authority corresponding to an extractive mineral lease, with conditions imposed by the Minister (s 16(1)-(3)).
Enter reserved land or mineral interest areas to construct the railway as if holding an access authority under the Mineral Titles Act 2010 (s 17(1)).
Be treated as having had building approvals for existing structures in the corridor at the time of commencement (s 9(1)); certain building controls do not apply to specified railway structures (ss 9A, 9B).
Deal with fixed railway infrastructure as personal property rather than as fixtures that merge with land (s 7).

Ministerial and Crown duties and powers

Planning Minister to be the consent authority for corridor and additional land (s 8(2)); power to declare additional land (s 8(7)).
Transport Minister to consent to temporary road closures, grant rights over roads and consent to railway crossings, each subject to conditions considered appropriate (ss 11A(4), 11C(2), 12(4)).
Water Minister may consent, subject to conditions, where consortium proposals would prevent, restrict or interfere with vessels, divert water, or obstruct flow (s 12A(2)-(4)).
Crown Lands Minister may enter agreements in the name of the Territory relating to termination or forfeiture of leases over corridor land even where inconsistent with the Crown Lands Act 1992 (s 10AA(1)).
Minister may revoke Crown land reservations and park/reserve declarations by Gazette notice (ss 10(1), 13(1)).

Duties on public authorities and councils

Each minister, statutory corporation and local government council must ensure officers give priority to consortium applications in connection with construction or operation of the railway (s 6). This is an administrative duty imposed on decision-making agencies.

Duties and restrictions on third parties

Holders of mineral interests must obtain consent before exercising rights over corridor land (s 16A(1)); the relevant Minister must consult and take the consortium’s views into account (s 16A(2)).
Petroleum access where the shortest practicable route is over the corridor is subject to a modified access regime with ministerial decision-making and the consortium’s input (s 16B).
Holders of mineral interests and petroleum title holders are not authorised to undertake activities that unreasonably interfere with the railway; the Act expressly overrides potential inconsistency in the Mineral Titles Act or Petroleum Act (ss 17A, 17B).
Persons exercising rights under Livestock Act to enter corridor land must do so without interfering with construction, operation or maintenance of the railway (s 16D).
PowerWater and private landholders with easements are bound by the requirement not to unreasonably interfere with the railway; their registered easement rights may be modified to accommodate railway needs and are to be exercised in a manner consistent with protocols (ss 14(3A), 14A(1), 14A(2A)).

Judicial and remedial provisions

Relief against forfeiture of registered leases is explicitly regulated by the applied modifications of sections 136-140 of the Law of Property Act 2000 and by the detailed processes in s 10A. The Supreme Court must follow detailed criteria before refusing relief and must give notice and opportunity to be heard to headlessees, sublessees and holders of registered security interests (s 10A(3)-(11)).
Compensation for acquisitions otherwise than on just terms is available and payable by the Territory, with courts competent to determine amounts (s 19A).

Enforcement and penalties

Protocols made under s 21 are mandatory and enforceable, with a maximum penalty of 50 penalty units for non-compliance (s 21(2)).
If the consortium fails to comply with conditions imposed by Transport Minister for rail crossings, the Territory may undertake necessary action and recover reasonable costs as a debt from the consortium (s 12(6)(a)-(b)).

Recordation and registration duties

PowerWater or private landholders obtaining easements indicated on survey plans are required to have those easements recorded on the land register by the Registrar-General (ss 14(3), 14A(3)). Rights created by indication on survey plans are treated as having been created on that indication (s 14A(2)).

These duties and rights reallocate regulatory burdens from a combination of normal Territory law to a corridor-specific architecture that places the consortium’s operational needs at the centre, while preserving a structured set of oversight, compensation and court-based remedies.

The Act contains a limited set of express penalties and several administrative enforcement mechanisms. It relies heavily on ministerial conditions, civil recovery and judicial remedies rather than criminal sanction.

Express criminal/penalty provision

Breach of a protocol made jointly by the relevant Ministers on rail safety is a criminal offence carrying a maximum penalty of 50 penalty units (s 21(2)). The Act therefore creates a direct penal sanction for failing to comply with mandatory protocols.

Civil enforcement, debt recovery and corrective action

When the consortium contravenes a condition attached to Transport Minister consent for a railway crossing, the Territory may take the action necessary to give effect to the condition (s 12(6)(a)). The reasonable costs and expenses the Territory incurs in doing that are recoverable as a debt due to the Territory from the consortium (s 12(6)(b)). This converts non-compliance into a monetary enforceable debt rather than a specified criminal penalty under this Act.

Specific performance and contract enforcement

The Act expressly allows orders for specific performance to be made and enforced against the Territory and the Corporation in respect of obligations under the Concession Deed or related agreements in the same circumstances as against a subject of the Crown (s 5A(2)). Section 5AA duplicates the availability of specific performance against the Territory in respect of such agreements. This makes equitable relief available as an enforcement mechanism against public entities.

Court-based remedies and adjudication

For registered leases, relief against forfeiture and related equitable remedies are governed by the applied provisions of the Law of Property Act 2000 as modified by s 10A. The Supreme Court must grant relief against forfeiture unless satisfied of specified criteria, and there are explicit procedural safeguards including notice and opportunity to be heard for headlessees and interested sublessees or security holders (s 10A(3)-(11)). These provisions allocate litigative routes and impose duties on the Court to consider specified factors.

Ministerial conditionality and consent as enforcement levers

Several rights the consortium may exercise are made conditional on ministerial consent (for example road closure, road rights, railway crossings, waterway interference, access for mineral and petroleum interest holders). The Ministers may impose conditions and withdraw or limit consents (ss 11A(3)-(5), 11C(4), 12(4)-(5), 12A(3)-(4), 16A(3), 16B(1A)-(1B)). Non-compliance can trigger corrective action, revocation, or cost recovery mechanisms. The Act thus places de facto enforcement power in Ministers by making rights conditional and enforceable via statutory or administrative remedies.

Regulatory flexibility and retrospective regulations

The Administrator has power to make regulations modifying this Act and other Acts in relation to matters connected with construction of the railway, and those regulations may be expressed to have earlier operative effect than their making provided they are made within 12 months of s 20 commencing (s 20(2)-(4)). This creates a regulatory enforcement risk where prospective action may be retrospectively validated within a permitted window, which can alter entitlements or enforcement mechanisms after the event.

Protections and immunities in protocols

Section 21(3) grants limited protection: if, in complying with a protocol, a person contravenes or fails to comply with the Rail Safety (National Uniform Legislation) Act 2012 or regulations under it, that person is not criminally liable under that Act for acts done in complying with the protocol. This is a narrowly tailored immunity that prioritises compliance with locally agreed protocols over criminal exposure under the national rail safety legislation, at least in respect of criminal liability.

Absence of broad criminal sanctions

Outside the 50 penalty unit protocol offence and specific delegations to recover costs or exercise ministerial corrective powers, the Act generally relies on civil and administrative enforcement rather than a broad set of criminal offences. Remedies for third parties primarily involve access to the Supreme Court, compensation, and reliance on ministerial action.

Who enforces

Enforcement is split among the Territory (for cost recovery and corrective action), Ministers (through conditions, consents, revocations and protocols), and courts (for specific performance, relief against forfeiture, compensation and adjudication of disputes). The arrangement centralises much practical enforcement in administrative decision-makers, with judicial review and civil suits available for significant disputes and compensation claims.

The Act repeatedly declares that specified Territory laws do not apply, or apply only to the extent consistent with the special regime. It is a corrective, superseding instrument in a number of domains. Key interactions are summarised below with section references.

Planning and building law

The Planning Act 1999 is modified in relation to the corridor and additional land. The Planning Scheme is taken to include development provisions applying to the corridor and additional land and, except for Part 6, the Planning Act applies accordingly (s 8(1)). The Planning Minister becomes the consent authority for the corridor (s 8(2)). The development provisions for certain specified railway works allow those works without consent (s 8(3)). The special development provisions prevail over other development provisions under the Planning Scheme or the Planning Act whether enacted before or after commencement (s 8(9)). Building approvals for existing structures are declared to have been issued under the former or current Building Act as applicable (s 9(1)), and many building controls do not apply to specified railway structures (ss 9A, 9B).

Crown Lands and reservation law

The Minister may revoke reservations under the Crown Lands Act 1992 for land included in the corridor by Gazette notice, and such declarations have effect despite provisions of the Crown Lands Act relating to revocation (s 10(1)-(2)). The Crown Lands Minister may enter into agreements regarding termination or forfeiture of leases over corridor land, despite Crown Lands Act provisions (s 10AA(1)). Sections 10A and 10B also modify operation of the Law of Property Act 2000 and disapply certain Crown Lands and Business Tenancies provisions in relation to registered leases within the corridor (ss 10A(1)(b), 10B).

Roads, control of roads and local government law

Declarations closing roads have effect despite the Control of Roads Act 1953 or the Local Government Act 2019 (s 11(2)). The Act also modifies the operation of section 59 of the Control of Roads Act for sleeper plants (s 11B) and provides that the Transport Minister can grant rights over roads and bridges to the consortium despite the Control of Roads Act (s 11C(1)-(3)).

Rail safety and national uniform law

Section 12 is subject to the Rail Safety (National Uniform Legislation) Act 2012 but operates despite any other Territory law (s 12(1)). Protocols under s 21 are to be consistent with rail safety facilitation and provide a mechanism to reconcile local protocols with the national uniform rail safety law; s 21(3) creates a narrow shield against criminal liability under the national rail safety statute for acts done in complying with a protocol.

Environmental legislation

The Act expressly excludes Part 5 of the Environment Protection Act 2019 from applying in relation to the consortium or activities conducted under the mineral authority for corridor general reserved land (s 16(4)). The Endnotes show that s 16 was amended by the Environment Protection Legislation Amendment Act 2023, indicating later legislative adjustments to environmental interaction (Endnotes list).

Mineral Titles and Petroleum Acts

The Act interfaces with the Mineral Titles Act 2010 and Petroleum Act 1984. Section 16 treats the consortium as having a mineral authority for extractive minerals and sets limits on how the Mineral Titles Act applies in relation to the consortium and its activities (s 16(3)). Section 16A creates a ministerial consent regime for mineral interest holders seeking access over the corridor. Section 16B rewrites the operation of s 65 of the Petroleum Act where the shortest practicable route to a permit area is over the corridor, replacing automatic access rights with a ministerial consent regime that requires seeking and considering consortium views. Sections 17A and 17B explicitly subordinate certain mineral and petroleum activities to the requirement they not unreasonably interfere with the railway.

Heritage and sacred sites

The Heritage Conservation Act 1991 is adapted so that permits and approvals in respect of places or objects within the corridor also authorise the consortium to take the same action subject to the same conditions (s 18A(1)-(3)). The Northern Territory Aboriginal Sacred Sites Act 1989 is adjusted so the Authority can amalgamate Authority Certificates and issue a single certificate for the Corporation, provided consultations with custodians have occurred; existing certificates continue to authorise consortium actions (s 18B).

Inter-jurisdictional application and South Australia

The Act allows certain South Australian Acts to apply as laws of the Territory for purposes of relevant proceedings involving the South Australian Crown, including the Alice Springs to Darwin Railway Act 1997 and the South Australian Crown Proceedings Act 1992, when proceedings are to be brought by or against the South Australian Crown in Territory courts (s 19B(2)). There are consequential provisions for interpretation acts and for the application of South Australian law as in force from time to time (s 19B(2)-(5)).

Priority and displacement

The Act expressly states that, despite any other Territory law to the contrary, specific performance may be ordered against the Territory in relation to Concession Deed obligations (s 5A(2)). It contains multiple "despite" or "subject to" clauses that displace or modify the operation of other Territory Acts where conflicts arise, creating a corridor-specific dominance of certain provisions.

Regulatory amendment power

The Administrator has a broad regulation-making power that includes amending or modifying the operation of this Act and other Acts in relation to matters connected with the railway. That power may be used for consequential amendments and to create savings or transitional provisions, with a time-limited period for regulations that can operate retrospectively (s 20).

Taken together, the Act is designed to be the operative legal instrument for corridor matters, overriding or modifying many ordinarily applicable statutory schemes in the Territory with specified exceptions, protections and processes.

The Endnotes in the reprint provide a detailed legislative history of the Act from assent in 1999 through to 2024. The timeline below extracts the principal amending instruments, commencement notes and notable insertions or substitutions that materially altered the Act.

Original enactment

AustralAsia Railway (Special Provisions) Act 1999, Act No. 65 of 1999, assent 14 December 1999. Section 5 commenced 19 April 2000 (Gaz S16, 19 April 2000); other provisions commenced on dates listed in the Endnotes.

Early amendments and 2000 package

AustralAsia Railway (Special Provisions) Amendment Act 2000 (Act No. 37, 2000), assent 13 July 2000. That Act inserted and amended multiple sections including s 5, s 5A, s 5B, s 5C, s 6, s 8 and related provisions. See Endnotes list showing multiple insertions (e.g. s 5A inserted by No. 37, 2000 s 5).
AustralAsia Railway (Special Provisions) Amendment Act (No. 2) 2000 (Act No. 54, 2000), assent 14 November 2000. This instrument made further amendments, including insertion of s 5AA and other modifications; several provisions were also inserted by subordinate legislation SL No. 61, 2000.

Regulations and consequential instruments

AustralAsia Railway (Special Provisions) Regulations 2000 (SL No. 61, 2000) were notified 10 January 2001 and commenced 14 February 2001. The Regulations both implemented operational details and effected certain modifications referenced by the Act (Endnotes).

Mining and environment related amendments

Mining Management (Consequential Amendments) Act 2001 (Act No. 42, 2001) commenced 1 January 2002 and made consequential changes to align mining law with the special provisions.
AustralAsia Railway (Special Provisions) Amendment Act 2003 (Act No. 58, 2003), assent 15 December 2003, made further amendments including the insertion of certain sections related to easements and other matters.
Statute Law Revision Act 2004 and Statute Law Revision Act (No. 2) 2004 effected formal and minor amendments and commenced in 2004.
AustralAsia Railway (Special Provisions) Amendment Act 2004 (Act No. 64, 2004), assent 21 December 2004.

Livestock and rail safety updates

Livestock Act 2008 (Act No. 36, 2008) was assented 8 December 2008 and relevantly amended s 16D (commenced 1 September 2009).
Rail Safety Act 2010 (Act No. 10, 2010) and Rail Safety (National Uniform Legislation) Act 2012 (Act No. 27, 2012) influenced cross-references and updated s 12 and s 18 to make parts of the Act subject to national rail safety law (s 12 amendment No. 10, 2010; s 18 amended No. 10, 2010; both affected again by No. 27, 2012 s 48).

Land title and property law adjustments

Land Title Act 2000 and supporting Acts, including the Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000), were consequentially linked to the AustralAsia scheme and prompted reprints and amendments reflected in the Endnotes.

Recent amendments

Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) amended s 21 and its penalty provisions.
Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) included amendments affecting s 5AA as reflected in the Endnotes.
Local Government Amendment Act 2021 (Act No. 15, 2021) and Statute Law Revision Act 2020 made formal changes and updated cross-references to local government law.
Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023) amended s 16 among other provisions and had parts commence in December 2023 and 2024 as listed in the Endnotes. The Endnotes expressly note s 16 was amended by No. 34, 2023 s 199.

Commencement and sunset provisions

The Act’s provisions commenced on varied dates by Gazette notices; the Endnotes list specific commencement dates for many sections (see "List of Legislation" and commencement entries). Section 3 contains a sunset mechanism allowing regulations to declare that ss 6, 16 or 19 cease to operate on or after a specified date, which itself must be not earlier than the Gazettal date of the regulation (s 3). Section 20 allows time-limited regulatory amendment powers for 12 months from commencement of s 20 (s 20(4)).

General amendments and formal changes

The Endnotes note that formal amendments of a non-substantive nature were made by the Interpretation Legislation Amendment Act 2018 to a range of sections (s 1, s 5, s 5C, s 8 to s 19, s 19B, s 21 and s 22). The Endnotes also compile a list of all amendments by section number for ease of tracing.

Practical reading

When advising or relying on specific sections, practitioners must consult the reprint’s Endnotes for the operative dates of amendments. Several provisions were added or modified in the 2000 amending Acts, with significant further amendments in 2010, 2012, 2013 and 2023. The reprint notes the Acts and SL instruments that inserted, substituted or repealed provisions, and gives exact section references.

This amendment history shows the Act has been revised repeatedly to align the special corridor regime with evolving planning, mining, environmental and safety frameworks, with specific attention to ministerial powers, procedural adaptation and cross-jurisdictional arrangements.

The reprinted Act and the Endnotes provided do not include reported litigation or case law interpreting the AustralAsia Railway (Special Provisions) Act 1999. The text does not list any judicial decisions. Section 19A provides for court involvement should compensation for acquisition on just terms be required, and section 10A contemplates Supreme Court determinations in relation to relief against forfeiture of leases, but the reprint does not cite or record any cases applying these provisions.

What the Act anticipates in litigation

The Act explicitly contemplates judicial involvement: it prescribes the Supreme Court’s role in relief against forfeiture applications under the applied provisions of the Law of Property Act 2000 and creates entitlement to compensation determined by a "court of competent jurisdiction" where property would otherwise be acquired other than on just terms (ss 10A; 19A). It also expressly permits specific performance to be ordered against the Territory and Corporation (s 5A(2); s 5AA), thereby anticipating civil contract litigation in which equitable remedies may be sought.

Inter-jurisdictional procedural arrangements

Section 19B establishes arrangements for civil proceedings involving the South Australian Crown and the Territory Crown, specifying that certain South Australian Acts apply as laws of the Territory for the purpose of bringing proceedings by or against the South Australian Crown in Territory courts. That provision anticipates cross-jurisdictional disputes and prescribes the legislative framework for how such proceedings are to be treated. The reprint contains no examples of those provisions having been litigated.

Absence of reported cases in the source

Because the provided text and Endnotes contain no litigation references, this deep dive cannot identify cases, judicial interpretations, or litigation trends. Practitioners should search legal databases and court registries for any decisions that interpret specific provisions such as the amendments to relief against forfeiture (s 10A), specific performance against the Crown (s 5A), compensation under s 19A, or disputes over ministerial consents under ss 11A, 12, 16A and 16B.

Advice on researching litigation

To locate possible decisions, search for proceedings involving the AustralAsia Railway Corporation, the consortium parties, the Territory, and references to specific provision numbers (for example s 10A, s 17, s 19A). Also check South Australian courts for suits involving the South Australian Crown under the inter-jurisdictional arrangements in s 19B. Because the Act permits specific performance against the Crown, enforcement cases may appear in equity lists.

In short, the reprint does not record litigation; the statutory design anticipates judicial enforcement avenues, so researching up-to-date case law is necessary for a full legal assessment.

Practitioners and affected parties should note specific drafting features and operational risks that can produce unintended consequences or require careful planning and negotiation.

Priority and "despite" clauses

The Act contains multiple "despite any other law" provisions that take precedence over ordinary Territory statutes in relation to the corridor (e.g. ss 5A(2), 7, 8(9), 10(2), 11(2), 13(2)). This limits typical statutory protections; for example, the Planning Scheme provisions are overridden in favour of corridor-specific provisions (s 8(9)). Clients should not assume normal planning, building or Crown Lands processes will apply in the corridor.

Modification of existing rights

Section 5C modifies existing rights and interests in corridor land "in the manner, and to the extent, necessary" to enable consortium construction and operation, subject only to certain enumerated exceptions (s 5C(1)-(4)). This open-textured standard gives broad scope for modification; the precise limits will need close factual and legal analysis when specific rights are at issue.

Specific performance against the Territory

The Act allows specific performance against the Territory and the Corporation (s 5A(2); s 5AA). This subjects the Territory to equitable remedies normally reserved for private parties. Practitioners advising on Crown contracts should assume that equitable relief is available and draft termination, remedy and dispute clauses accordingly.

Easements created by indication on a survey plan

Easements in favour of private landholders and PowerWater are deemed created on being indicated on a survey plan and must be recorded by the Registrar-General (ss 14A(2), 14(3)). The moment of creation can affect priority and compensation questions. Parties relying on documentary proof of an easement should ensure survey plans are precise and properly lodged.

Relief against forfeiture modified

Section 10A applies and modifies sections 136 to 140 of the Law of Property Act 2000, excludes certain Crown Lands Act and Business Tenancies Act provisions, and sets out detailed procedural rules about notice and who may apply. Notably, relief is not available where a lease is terminated as a consequence of lawful termination of the Concession Deed (s 10A(2)). Sublessees and registered security holders are given specific rights to apply (s 10A(5)-(6)) but the Court must not make certain orders without giving headlessee and interested parties notice (s 10A(11)). These permutations can complicate forfeiture disputes.

Ministerial discretion and potential for conditionality

Several significant rights are exercisable only with ministerial consent and "subject to such conditions as the Minister thinks fit" (for example ss 11A(4), 11C(4), 12(4), 12A(3), 16A(3)). That phrasing creates wide discretionary scope. Parties must expect conditions that affect timing, public notification, emergency access, safety and compensation.

Retrospective regulatory power and time-limited scope

The Administrator may make regulations that amend this Act or other Acts connected with the railway and such regulations may be expressed to take effect earlier than their making, but the power to make such regulations is limited to 12 months after the commencement of s 20 (s 20(2)-(4)). Stakeholders should be alert to any regulatory measures enacted within the statutory window that could have retrospective legal or economic effects.

Environmental exemption for extractive minerals

Section 16(4) disapplies Part 5 of the Environment Protection Act 2019 in relation to the consortium or activities conducted under the mineral authority. The Endnotes show s 16 was amended by the Environment Protection Legislation Amendment Act 2023, so careful reading of the current Act text is essential. Practitioners should not assume standard environmental assessment processes will apply in the same way where extractive mining for railway construction is involved.

Record-keeping and registration obligations

Registrars and registering authorities have duties to record created easements (ss 14(3), 14A(3)). Failure to register may affect enforceability or priority; conversely, a survey plan indication can create an easement immediately, creating obligations and rights that can surprise owners unless they monitor land registers.

Road closures and access complications

The Act allows permanent and temporary road closures that take effect despite the Control of Roads Act 1953 and Local Government Act 2019 (s 11(2)). After closure the road land becomes part of the corridor, and pre-existing headleases are preserved but deemed to include the closed road land (s 11(3)-(4)). Property holders with rights over roads or with headleases intersected by future closures must plan for altered access and possibly renegotiate.

Protocol compliance and criminal liability

Protocols are mandatory and breach attracts a maximum 50 penalty unit fine (s 21(2)). However, if compliance with a protocol causes a breach of the Rail Safety (National Uniform Legislation) Act 2012, a person is not criminally liable under that Act for the acts done in complying with the protocol (s 21(3)). This cross-provision interaction can create legal complexity where protocol compliance trades off against national rail safety obligations.

Who pays what

Liability apportionment for damage to mineral interest areas is split: the consortium is liable for contamination and breaches of duty of care, while the Territory is liable for other damage and loss resulting from consortium entry and construction (s 17(3)). Plaintiffs, defendants and insurers should pay careful attention to these carve-outs when assessing likely recovery streams.

Taken together, these drafting features demand careful contract drafting, early and thorough land title and survey checks, close ministerial engagement, and attention to registration and notice requirements to manage legal risk.

Below are practical compliance steps for different actors based on statutory duties and rights set out in the Act. The steps are organised by actor and refer to relevant provisions.

For the consortium and contractors

Secure and maintain Concession Deed compliance records. The Concession Deed is authorised and enforceable; specific performance can be ordered against the Territory and Corporation (s 5A(1)-(2)). Keep contractual performance documentation suitable for equitable enforcement or dispute resolution.
Obtain all required ministerial consents for road closures, rights over roads, railway crossings and waterway interferences before acting (ss 11A(3)-(4), 11C(2), 12(3)-(4), 12A(2)). Expect conditions; obtain clarity in writing and ensure compliance to avoid Territory corrective action and cost recovery (s 12(6)).
When entering mineral interest areas or reserved land to construct the railway, act on the basis you have access authority rights (s 17(1)) but follow compensation and liability rules carefully: the consortium is liable for contamination and breaches of duty of care (s 17(3)(a)).
For fixed railway infrastructure, treat such assets as personal property for disposals and contracting purposes (s 7). Ensure asset registers and sale agreements reflect personal property status.
Register and record any easements or survey plan-based rights where appropriate, particularly where PowerWater is involved, and ensure easement use complies with the requirement not to unreasonably interfere with railway operations (s 14(3), s 14(3A)).
Comply with protocols under s 21. Failure may attract penalties up to 50 penalty units and protocols may shape how to comply with national rail safety requirements (s 21(2)-(3)).

For mineral and petroleum title holders

Before exercising access rights over corridor land, apply to the relevant Minister for consent as required (s 16A(1)). The Minister must consult the consortium and consider its views (s 16A(2)).
Where the shortest practicable route to petroleum permit/licence land is over the corridor, seek the modified right of access under the substituted provisions and note ministerial consultation with the consortium is mandatory (s 16B).
Design operations so as not to "unreasonably interfere" with the construction, operation or maintenance of the railway (s 16C; ss 17A, 17B). That standard is legal and factual; involve technical railway advisors and the consortium early to avoid interference disputes.
Maintain insurance and contingency planning for contamination and damage claims given the consortium’s and the Territory’s respective liabilities (s 17(3)).

For registered lessees, sublessees and security holders

If threatened with forfeiture, be aware that relief under applied provisions in s 10A will be subject to specific notice, remedy and compensation thresholds and procedural rules (s 10A(3)-(11)). Keep records of rent payments, remediation steps, and correspondence to demonstrate diligence when remedying breaches.
Note that relief against forfeiture is not available where the lease termination results from lawful termination of the Concession Deed (s 10A(2)). Ascertain whether any headlease or sublease rights are expressly linked to the Concession Deed.
Ensure that any new lease granted under a s 139(1)(d) type order includes the special clauses required by s 10A(10), particularly clauses ensuring automatic determination on termination of the Concession Deed.

For Ministers, agencies and local government

Prioritise consortium applications as required under s 6, and document priority processing to comply with the statutory duty.
When granting consents or imposing conditions for temporary closures, crossings or rights over roads, ensure written consents clearly state conditions and compliance mechanisms, and document consultations with the consortium and affected stakeholders (ss 11A(4), 12(4), 11C(4)).
Use the regulation-making power under s 20 only within the limits set by the Act, particularly noting the 12 month time limit for making regulations that amend other Acts and the possibility of retrospective effect within that window (s 20(2)-(4)).

For PowerWater and utilities

Register any easements created under s 14 by lodging details with the Registrar-General to ensure recording on the land register (s 14(3)). Ensure use of the easement does not unreasonably interfere with railway operations (s 14(3A)).
When an installation sits partly within the corridor, manage operations in a way that respects consortium construction and operations and that follows any protocols.

For private landholders adjacent to the corridor

If an access, electricity or water supply easement is indicated on a survey plan, recognise that your rights may be modified to enable railway construction and operation and that the rights must be exercised consistent with protocols (s 14A(1)-(2A)).
Ensure survey plans are lodged and that the Registrar-General records interests (s 14A(3)). Negotiate agreements with the consortium where possible to clarify access regimes and compensation entitlements.

For heritage custodians and sacred sites authorities

Recognise the Authority’s powers under s 18B to amalgamate Authority Certificates subject to consultation with custodians. Ensure custodial consultations are documented and that any agreements reached are recorded to inform conditions on Authority Certificates (s 18B(2)-(3)).

General compliance measures

Keep thorough documentary records of consents, ministerial communications, survey plans, registrations and any compensatory agreements given the statutory priority the Act affords to the consortium and the special procedural pathways for relief or compensation.
Engage early with the consortium and Ministers when planning activities near or over the corridor to prevent conflicts, to ensure ministerial conditions can be met, and to shape any required compensatory arrangements.
Where activities may affect environmental or heritage matters, do not assume ordinary statutory regimes apply in the same way; check the current text of the Act and recent amendments, particularly to s 16 and the Environment Protection Act interactions noted in Endnotes.
For legal proceedings, be prepared to litigate in Territory or South Australian courts depending on the parties and the cross-jurisdictional arrangements in s 19B, and be aware the Acts identified in s 19B apply as laws of the Territory for certain proceedings.

These steps highlight practical actions that parties should take to stay within the authorised regime, manage the ministerial discretion embedded in the Act, and preserve rights to compensation and judicial remedies where appropriate.

Australasia Railway (Special Provisions) Act 1999

Plain English Summary

Deep Dive

What it does

Current sections

Australasia Railway (Special Provisions) Act 1999

Source text: opening excerpt

1 Australasia Railway (Special Provisions) Act 1999

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply