61Use of railways by other rail service operators

##### 61. Use of railways by other rail service operators (1) Under this section the Authority may, with the approval of the Minister, enter into an agreement under which another person is entitled to use a railway or portion of a railway for the purpose of operating a rail service other than a public passenger transport service. (2) The agreement is to be for a period not exceeding 21 years, but this subsection does not prevent a further agreement from being entered into when the agreement comes to an end. (3) The agreement may include such conditions as the Authority thinks fit and, without limiting the other kinds of conditions that may be included, it may include conditions as to — (a) payments of money; (b) maintenance of, or improvements to be made to, the railway; (c) termination of any right given by the agreement, without any entitlement to compensation, upon the breach of a condition of the agreement or if the Minister considers it to be in the public interest. (4) For purposes connected with the operation of a rail service in accordance with the agreement, the Authority may, with the approval of the Minister, exercise any of its powers under the *Public Transport Authority Act 2003* or this Act in relation to property. (5) This section applies despite anything else in this Act or any other enactment, including the *Railways (Access) Act 1998*, but is subject to the *Rail Safety National Law (WA)*. [Section 61 inserted: No. 47 of 1996 s. 2; amended: No. 32 of 1998 s. 64(2); No. 49 of 1998 s. 43(7); No. 13 of 2000 s. 93; No. 31 of 2003 s. 119 and 139(1); No. 18 of 2010 s. 262; No. 21 of 2015 s. 50; No. 7 of 2024 s. 57(4).] [**62, 63.** Deleted: No. 31 of 2003 s. 120.]