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