sec.250Saving of declarations of particular services

### sec.250 Saving of declarations of particular services Each of the following services is taken to be a service declared by the Ministers under part 5, division 2— the use of a coal system for providing transportation by rail; the use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager; the handling of coal at Dalrymple Bay Coal Terminal by the terminal operator. The services mentioned in subsection (1) were, immediately before the commencement of this division, declared under a regulation made under repealed section 97. Subsection (1) stops having effect in relation to a service, or part of a service— at the end of the expiry day; or if the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect. See section 95 in relation to the effect of the declaration ending. Subsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day. For this section, coal system means rail transport infrastructure that is— part of any of the following— the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or directly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system. Also, a coal system includes an extension of the coal system that— is built on or after 30 July 2010; and does not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and is owned or leased by— the owner or lessee of the coal system; or a related body corporate of the owner or lessee of the coal system. The declaration of the service mentioned in subsection (1)(a) under the Queensland Competition Authority Regulation 2007 , repealed section 2B , commenced on 30 July 2010. In this section— Dalrymple Bay Coal Terminal means the port infrastructure located at the port of Hay Point owned by Ports Corporation of Queensland or the State, or a successor or assign of Ports Corporation of Queensland or the State, and known as Dalrymple Bay Coal Terminal and includes the following which form part of the terminal— loading and unloading equipment; stacking, reclaiming, conveying and other handling equipment; wharfs and piers; deepwater berths; ship loaders. handling of coal includes unloading, storing, reclaiming and loading. North Coast Line means the railway running the length of the coast of Queensland from Brisbane to Cairns. Queensland Rail Limited means Queensland Rail Limited ACN 132 181 090. railway manager see the Transport Infrastructure Act 1994 , schedule 6 . terminal operator means— the owner or lessee of Dalrymple Bay Coal Terminal; or a person operating Dalrymple Bay Coal Terminal for the owner or lessee. s 250 ins 2010 No. 32 s 62 amd 2013 No. 39 s 19 ; 2021 No. 12 s 208 (sec.250-ssec.1) Each of the following services is taken to be a service declared by the Ministers under part 5, division 2— the use of a coal system for providing transportation by rail; the use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager; the handling of coal at Dalrymple Bay Coal Terminal by the terminal operator. The services mentioned in subsection (1) were, immediately before the commencement of this division, declared under a regulation made under repealed section 97. (sec.250-ssec.2) Subsection (1) stops having effect in relation to a service, or part of a service— at the end of the expiry day; or if the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect. See section 95 in relation to the effect of the declaration ending. Subsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day. (sec.250-ssec.3) For this section, coal system means rail transport infrastructure that is— part of any of the following— the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or directly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system. (sec.250-ssec.4) Also, a coal system includes an extension of the coal system that— is built on or after 30 July 2010; and does not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and is owned or leased by— the owner or lessee of the coal system; or a related body corporate of the owner or lessee of the coal system. The declaration of the service mentioned in subsection (1)(a) under the Queensland Competition Authority Regulation 2007 , repealed section 2B , commenced on 30 July 2010. (sec.250-ssec.5) In this section— Dalrymple Bay Coal Terminal means the port infrastructure located at the port of Hay Point owned by Ports Corporation of Queensland or the State, or a successor or assign of Ports Corporation of Queensland or the State, and known as Dalrymple Bay Coal Terminal and includes the following which form part of the terminal— loading and unloading equipment; stacking, reclaiming, conveying and other handling equipment; wharfs and piers; deepwater berths; ship loaders. handling of coal includes unloading, storing, reclaiming and loading. North Coast Line means the railway running the length of the coast of Queensland from Brisbane to Cairns. Queensland Rail Limited means Queensland Rail Limited ACN 132 181 090. railway manager see the Transport Infrastructure Act 1994 , schedule 6 . terminal operator means— the owner or lessee of Dalrymple Bay Coal Terminal; or a person operating Dalrymple Bay Coal Terminal for the owner or lessee. - (a) the use of a coal system for providing transportation by rail; - (b) the use of rail transport infrastructure for providing transportation by rail if the infrastructure is used for operating a railway for which Queensland Rail Limited, or a successor, assign or subsidiary of Queensland Rail Limited, is the railway manager; - (c) the handling of coal at Dalrymple Bay Coal Terminal by the terminal operator. - (a) at the end of the expiry day; or - (b) if the declaration of the service or part of the service is revoked under part 5, division 2, subdivision 5—when the revocation takes effect. - 1 See section 95 in relation to the effect of the declaration ending. - 2 Subsection (1) ceasing to have effect in relation to a service does not prevent the Ministers declaring the service under part 5, division 2 with effect after the expiry day. - (a) part of any of the following— (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or - (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; - (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; - (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; - (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or - (b) directly or indirectly connected to a system mentioned in paragraph (a) and owned or leased by the owner or lessee, or a related body corporate of the owner or lessee, of the system. - (i) the Blackwater system, being the railway connecting Gregory, Rolleston and Minerva to Gladstone, including the part of the North Coast Line between Parana and Rocklands, as shown on the diagram in schedule 1; - (ii) the Goonyella system, being the railway connecting Gregory, North Goonyella and Blair Athol mine to the Port of Hay Point, as shown on the diagram in schedule 1; - (iii) the Moura system, being the railway connecting Moura mine to Gladstone, as shown on the diagram in schedule 1; - (iv) the Newlands system, being the railway connecting Newlands to the Port of Abbot Point, including the part of the North Coast Line between Durroburra and Kaili, as shown on the diagram in schedule 1; or - (a) is built on or after 30 July 2010; and - (b) does not directly connect the coal system to a coal basin to which the coal system was not directly connected on 30 July 2010; and - (c) is owned or leased by— (i) the owner or lessee of the coal system; or (ii) a related body corporate of the owner or lessee of the coal system. - (i) the owner or lessee of the coal system; or - (ii) a related body corporate of the owner or lessee of the coal system. - (i) the owner or lessee of the coal system; or - (ii) a related body corporate of the owner or lessee of the coal system. - (a) loading and unloading equipment; - (b) stacking, reclaiming, conveying and other handling equipment; - (c) wharfs and piers; - (d) deepwater berths; - (e) ship loaders. - (a) the owner or lessee of Dalrymple Bay Coal Terminal; or - (b) a person operating Dalrymple Bay Coal Terminal for the owner or lessee.