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Emu Bay Railway (Operation and Acquisition) Act 2009
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Turn the raw legal text into a practical explanation grounded in Emu Bay Railway (Operation and Acquisition) Act 2009.
(1) In this section –
Agreement day means 4 September 2009, being the day on which the Business Sale Agreement was made;
Agreement period means the period commencing on the Agreement day and ending on the completion of the Business Sale Agreement;
Company means –
(a) PN Tas (Operations) Pty Limited (ACN 078 295 468) which was formerly known as Tasrail Pty Limited; or
(b) Pacific National Pty Ltd (ACN 098 060 550); or
(c) Pacific National (Tasmania) Pty Limited (ACN 079 371 305); or
(d) PN Tas (Services) Pty Limited (ACN 078 906 519);
contract means –
(a) an agreement, arrangement, undertaking, lease, licence, warranty or other contract; or
(b) part of an agreement, arrangement, undertaking, lease, licence, warranty or other contract;
rail corridor means the rail corridor of the Emu Bay Railway or part of the Emu Bay Railway;
railway access contract means a contract between the Company and another person or the Crown in respect of the use of, or access to, the rail corridor.
(2) The Company –
(a) is authorised on and after 1 April 1998 until completion of the Business Sale Agreement to operate a rail business on the Emu Bay Railway, whether or not that Company owns all, or any, of the Emu Bay Railway; and
(b) is taken always to have been so authorised.
(3) Subsection (2) –
(a) [Section 4 Subsection (3) amended by No. 64 of 2009, s. 183, Applied:24 Nov 2010] [Section 4 Subsection (3) amended by No. 38 of 2012, Sched. 1, Applied:20 Jan 2013] does not authorise the Company to operate a rail business on the Emu Bay Railway on and after 1 April 1998 without the accreditation required by section 62 of the Rail Safety National Law (Tasmania) Act 2012 ; and
(b) does not invalidate or affect any railway access contract entered into by the Company on or after 1 April 1998 but before completion of the Business Sale Agreement; and
(c) operates on and after the Agreement day –
(i) to extinguish any right of an owner or occupier of the rail corridor to require the Company to pay or provide any fee or other consideration in respect of its use of, or access to, the rail corridor on and after that day if the Company was not paying or providing such a fee or other consideration on that day in accordance with a railway access contract; and
(ii) to extinguish any right of an owner or occupier of the rail corridor to require the Company, after the Agreement day, to pay or provide any fee or other consideration in respect of its use of, or access to, the rail corridor before that day except as provided by a railway access contract entered into before that day.
(4) If a railway access contract that was in effect on the Agreement day would, but for this subsection, end during the Agreement period –
(a) that railway access contract is taken to continue in effect until the completion of the Business Sale Agreement; and
(b) the owner or occupier of the rail corridor is entitled to require the Company to pay or provide the fee or other consideration payable under the railway access contract in respect of the Company's use of, or access to, the rail corridor during the Agreement period.
(5) Nothing in subsection (3) or (4) authorises the owner or occupier of the rail corridor to prevent the use of, or access to, the rail corridor by the Company.