Rail Freight System Act 2000 (Western Australia)

Mechanically, the Rail Freight System Act 2000 creates a framework for the State to dispose of its rail freight business and associated assets and to identify, manage, and regulate “corridor land” used for rail freight. The Act sets out the decision‑makers and the sequence of steps required for a disposal: the Minister may prepare a proposal to dispose of the Authority’s rail freight business (s 11); the Treasurer approves proposals and may enter into assurances such as indemnities and guarantees (s 11, s 20); and transfer orders published in the Gazette bring about statutory assignments of assets, liabilities and rights to an assignee by operation of law at a specified transfer time (ss 23-24). The Act also establishes a parallel mechanism for designating land as corridor land or removing that designation (Part 3, ss 34-41), and places management powers and certain disposal powers in the Authority for corridor land (s 42).

The Act prescribes constraints and detailed content requirements for disposals of corridor land. A disposal proposal involving land cannot be approved until a corridor land order has been gazetted (s 12(1)). Disposals of corridor land are limited to leasehold interests at most (s 12(2)); lease terms cannot exceed 50 years in the Authority’s disposals (s 42(1)(a) and (2)), and renewal options count as part of the term (s 42(2)). Special rules apply to “standard gauge corridor land”: only an “eligible company” (defined by s 12(10) and required to be not involved in providing train services) may be approved as a purchaser, and constitutional confidentiality protections are required (s 12(3); s 13(2)). For specified sections of the network the proposal must require specified infrastructure improvements and ongoing maintenance standards (s 12(6)-(8)).

On the land management side, the Act gives the Authority power to manage, dispose of (subject to the constraints above), and protect corridor land and things on it, including entry powers for inspection, maintenance and emergency response (ss 42, 51-57). The Act removes certain statutory protections that would otherwise apply to land dealings: sections 187-191 of the Land Administration Act 1997 do not apply to corridor land (s 100), and certain planning provisions do not apply to disposals and conveyances under this Act (s 105). The Act also creates registration and recording duties for relevant officials so that titles and registers notify searchers that land is corridor land (ss 28, 41).

CrestWestern Australia

Rail Freight System Act 2000

Western Australia

Rail Freight System Act 2000

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 3
Land etc. belonging to State, references to 3
Disposing of land etc. belonging to State, references to 3
Things on land, meaning of 4
Property in things on land 4
Government railways, effect on of disposals etc. under this Act 4
Relationship with other Acts 5
Act binds Crown 6

Part 2 — Disposal and related matters

Division 1 — Disposal, generally

Proposals for disposal of rail freight business 7
Limitations on disposal of land 7
Agreements to give effect to proposals for disposals 10
Agreements under s. 13, content of 11
Land Administration Act 1997 s. 18, operation of affected 11
Authority’s functions 12
Auditor General may disclose information 13
Effect of this Part on contracts etc. 13
Indemnities and guarantees, provision of by State 13
Regulations 14

Division 2 — Assignment and related matters

Terms used 14
Transfer orders 15
Transfer orders, consequences of 16
Transfer order etc., completion of transactions for 17
Certain instruments as to Authority’s internal arrangements may be specified in transfer order 18
Records, arrangements for delivery of etc. 18
Registration of documents to show effect of transfer orders etc. 18
Error in transfer order, correcting 19
Proceeds of disposals, application of 20

Part 3 — Railway corridors

Division 1 — Preliminary and administrative matters

Term used: Authority land 21
Authority’s powers for purposes of this Act 21
Guidelines for Authority 21

Division 2 — Ordering land to be, or be no longer, corridor land

Authority land, designating as corridor land or land other than corridor land 22
Corridor land, descriptions of and orders as to 22
Land other than Authority land, designating as corridor land 22
Land may be ordered to be no longer corridor land 22
Identifying land in an order 23
Errors in order, correcting 23
When order comes into operation 24
Notation on title to corridor land 24

Division 3 — Dealing with corridor land and things on it

Authority’s functions as to corridor land and certain things on it 25
Authority to fulfil State’s obligations under s. 13 agreement 27
Other persons to convey property disposed of by Authority 27

Division 4 — Regulatory and other matters to do with corridor land

Dividing Fences Act 1961, application of to corridor land 27
Corridor land not subject to certain rates or taxes 27
No construction on corridor land without consent 28
Restrictions on use etc. of corridor land 28
Delegation by Authority 29
Regulations, specific subjects for 29
Protecting corridor land etc., use of entry powers for 30
Assistants etc., entry by 30
Entering property, general procedure for 31
Notice of intended entry 31
Entry under warrant 31
Entry in an emergency 32
Purpose of entry to be given on request 33

Part 4 — Miscellaneous

Civil penalty, agreements etc. may provide for 34
Regulations 34

Part 5 — Amendments to, or modification of, other Acts

Division 4 — Land Administration Act 1997

Act amended or modified 35
Sections 187‑191 not to apply 35
Taking of land to be as if for conferral of rights 35

Division 7 — Planning and Development Act 2005

Sections 135 and 136 not to apply 35

Notes

Compilation table 37

Other notes 38

Defined terms

Western Australia

Rail Freight System Act 2000

An Act to provide for —

• the disposal of the State rail freight business and things associated with that business and the assignment of things to give effect to a disposal;

• the identification of railway land corridors and the management of them,

to amend 1 or modify the operation of —

• the Railways (Access) Act 1998 2;

• the Government Railways Act 1904;

• the Hire‑Purchase Act 1959;

• the Land Administration Act 1997;

• the National Rail Corporation Agreement Act 1992 3; and

• the Planning and Development Act 2005,

and for related purposes.

[Long title amended: No. 31 of 2003 s. 170; No. 38 of 2005 s. 15.]

Part 1 — Preliminary

1. Short title

This Act may be cited as the Rail Freight System Act 2000.

2. Commencement

(1) Except as otherwise stated in this section, this Act comes into operation on a day fixed by proclamation.

(2) Part 5 Divisions 1 and 6 come into operation on a day fixed by proclamation, being a day that is after the day fixed under subsection (1).

(3) If the day fixed under subsection (2) is after the day on which a provision would come into operation under subsection (5) or (7), the provision comes into operation on the day fixed under subsection (2) and the subsection fixing when it would otherwise come into operation does not apply.

(4) If the day fixed under subsection (1) is after the day on which section 91(1)(b) would come into operation under subsection (6), section 91(1)(b) comes into operation on the day fixed under subsection (1) and subsection (6) does not apply.

(5) Section 91(1)(a) comes into operation immediately after section 43(2) of the Railways (Access) Act 1998 2 comes into operation.

(6) Section 91(1)(b) comes into operation immediately after section 43(2) of the Railways (Access) Act 1998 2 comes into operation.

(7) Section 93 comes into operation immediately after section 43(7) of the Railways (Access) Act 1998 2 comes into operation.

3. Terms used

In this Act, unless the contrary intention appears —

Authority has the meaning given by section 2 of the Government Railways Act 1904;

Authority’s rail freight business means the business and operations of the Authority involved in the carriage of freight by rail and the provision and maintenance of facilities for the operation of railways for the carriage of freight, and it includes the carriage of freight by road and other activities of the Authority that the business and operations involve;

corridor land means land that is designated as corridor land under Part 3;

corridor land order means an order made under Part 3 to designate land as corridor land or land other than corridor land (whether or not the order has come into operation).

[Section 3 amended: No. 31 of 2003 s. 171.]

4. Land etc. belonging to State, references to

A reference in this Act to any land or thing belonging to the State includes a reference to any land or thing belonging to the State whether held by the Authority, any other State agency, or otherwise.

[Section 4 amended: No. 31 of 2003 s. 172.]

5. Disposing of land etc. belonging to State, references to

For the purposes of this Act, requiring any land or thing belonging to the State to be conveyed to a different holder in such a way that it would still belong to the State is to be regarded as disposing of it, and accordingly a power to dispose of any land or thing belonging to the State includes a power to give the holder of the land or thing a requirement of that kind.

6. Things on land, meaning of

Anything that is placed in, on, or over, or is buried in, land is on that land for the purposes of this Act.

7. Property in things on land

Anything that is on land which, or an interest in which, is capable of being disposed of under Part 2 or any other corridor land —

(a) is not a part of the land, regardless of whether it is of the nature of a fixture; and

(b) is capable of being assigned separately from the land; and

8. Government railways, effect on of disposals etc. under this Act

(1) If anything that is part of a Government railway is disposed of under Part 2, it ceases to be part of a Government railway when the right to occupy or possess it passes.

(2) If land that becomes corridor land or anything on it is part of a Government railway the land or thing ceases to be part of a Government railway upon the land becoming corridor land unless the Minister orders otherwise under subsection (3).

(3) Before land becomes corridor land, the Minister may, in writing, order that anything described in the order that is on the land does not cease to be part of a Government railway because of the land becoming corridor land.

(4) The Minister is to give a copy of an order under subsection (3) to the Authority.

(5) Nothing in this section prevents anything that has ceased to be part of a Government railway from again being part of a Government railway except that corridor land cannot be part of a Government railway.

(6) In this section —

Government railway means a railway or Government railway for the purposes of the Government Railways Act 1904.

(7) In this section a reference to being part of a Government railway includes a reference to being a Government railway.

[Section 8 amended: No. 31 of 2003 s. 173; No. 19 of 2010 s. 51.]

9. Relationship with other Acts

(1) If anything in this Act or regulations made under it is inconsistent with anything in —

(a) the Rail Safety National Law (WA) or subsidiary legislation made under it; or

(b) the Railways (Access) Act 1998 2 or subsidiary legislation made under it,

the legislation described in paragraph (a) or (b) prevails.

(2) Nothing in this Act affects —

(a) a right conferred under section 34 of the Dampier to Bunbury Pipeline Act 1997 before the commencement of this Part, whether or not the right has been assigned or the period for which it is to apply has been extended; or

(b) the provisions of the Dampier to Bunbury Pipeline Act 1997 in so far as they relate to a right described in paragraph (a); or

(c) a right conferred under the Energy Coordination Act 1994, before the commencement of this Part, on the holder of a licence referred to in section 11D(1)(a) of that Act.

(3) A reference in subsection (2) to a right conferred before the commencement of this Part includes a reference to a right subsequently conferred to the extent that it is in continuation of, and the same as, the former right.

[Section 9 amended: No. 18 of 2010 s. 269; No. 21 of 2015 s. 50; No. 7 of 2024 s. 58.]

10. Act binds Crown

This Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities.

Part 2 — Disposal and related matters

Division 1 — Disposal, generally

11. Proposals for disposal of rail freight business

(1) The Minister may prepare and submit to the Treasurer a proposal to dispose of the Authority’s rail freight business, and anything associated with that business, in whole or in part.

(2) The power given by subsection (1) extends to —

(a) any of the Authority’s rail freight business that was not included in an earlier proposal under that subsection, whether or not it was established after the earlier proposal was made; and

(b) anything associated with any business to which the power extends; and

(c) anything associated with any business that has been disposed of in accordance with an earlier proposal under that subsection.

(3) The power given by subsection (1) is limited to things belonging to the State.

(4) The proposal prepared by the Minister is to include an unambiguous description of the business and other things that are to be disposed of.

[Section 11 amended: No. 31 of 2003 s. 189(2).]

12. Limitations on disposal of land

(1) A proposal to dispose of land cannot be approved by the Treasurer until a corridor land order has been published in the Gazette under Part 3.

(2) A proposal to dispose of land that is, or is to be, corridor land cannot be approved if the interest to be disposed of is greater than a leasehold interest.

(3) A proposal to dispose of standard gauge corridor land to a person can be approved only if the person is a company that —

(a) as its main business, provides and maintains or is to provide and maintain facilities for the operation of railways; and

(b) is not involved in providing train services; and

(c) has provisions in its constitution to prevent the disclosure of confidential information obtained in the course of its business to —

(i) a person providing train services; or

(ii) a person controlling, or controlled by, a person providing train services,

except if the disclosure is required by law.

(4) For the purpose of subsection (3), a company is involved in providing train services if —

(a) it provides the train services itself; or

(b) it controls a body that provides train services; or

(d) it delegates any control over the management of any of its business to a person providing train services; or

(e) any of its directors is also a director of a company that provides train services.

(5) A body that, under the Corporations Act 2001 of the Commonwealth, is a subsidiary of another body is, for the purposes of subsection (3) or (4), controlled by that other body.

(6) A proposal to dispose of standard gauge corridor land between Koolyanobbing and Esperance is to ensure that, if the holder of the land has a contract under which more than 3 million tonnes of freight per year are to be carried on the track between Kalgoorlie and Esperance —

(a) the railway track on the land is, within 2 years after the disposal or the making of the contract (whichever is later), improved over the whole length of the track between Koolyanobbing and Esperance to a standard suitable to allow rolling stock of a 23 t axle load to travel along it at a maximum speed of 80 km per hour for an average speed of 60 km per hour; and

(b) the track is maintained to at least that standard over that length of track during the term of the disposal.

(7) A proposal to dispose of standard gauge corridor land between Kwinana and Parkeston is to ensure that —

(a) the railway track on the land is improved over the whole length of the track between those places to a standard suitable to allow —

(i) trains that are each 1800 m long to cross at all crossing loops existing at the time of the disposal; and

(ii) rolling stock of a 21 t axle load to travel along it at a maximum speed of 115 km per hour; and

(iii) rolling stock of a 25 t axle load to travel along it at a maximum speed of 80 km per hour,

and those improvements are carried out in accordance with any program developed by the holder of the land in co‑operation with the Australian Rail Track Corporation Limited (ACN 081 455 754); and

(b) the track is maintained to at least that standard over that length of track during the term of the disposal.

(8) A proposal to dispose of standard gauge corridor land on which there is railway track between Kalgoorlie and Leonora is to ensure that, over that length of track and during the term of the disposal, the track is maintained to at least the same standards as to train length, axle load, and speed, as existed at the time of disposal.

(9) If a subsection of this section requires a particular standard and another subsection requires a different standard in relation to the same matter, the proposal is to provide for the more stringent standard.

(10) In this section —

company has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

confidential information means information that, if not disclosed by the company, would not be otherwise publicly available;

director has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;

involved in providing train services, in subsection (3), has the meaning given by subsection (4);

standard gauge corridor land means land that is, or is to be, corridor land on which there is railway track of a nominal gauge of 1435 mm for rail transit between Kwinana, Fremantle, Leonora, Esperance, Kalgoorlie, Parkeston, and all intermediate locations;

to control includes the meaning given by subsection (5);

train services means the business and operations involved in the carriage of freight or passengers by rail, and does not include the business and operations involved in the provision and maintenance of facilities for the operation of railways.

[Section 12 amended: No. 10 of 2001 s. 163.]

13. Agreements to give effect to proposals for disposals

(1) The Minister may enter into any agreement on behalf of the State to give effect to a proposal under section 11 that is approved by the Treasurer.

(2) If the agreement is for the disposal to a person of standard gauge corridor land as defined in section 12, it is to contain provisions to ensure that —

(a) while holding the land the person continues to be a person in respect of whom approval could be given under section 12(3) (in this subsection called an eligible company); and

(b) any person holding the land as the person’s successor or assignee is, and while holding the land continues to be, an eligible company.

14. Agreements under s. 13, content of

Without limiting the other things that an agreement under section 13 may deal with —

(a) an agreement under that section for the disposal of anything necessary for, or associated with, the operation of a railway for the carriage of freight may include provisions about the continued availability of that thing for that purpose, and its being maintained in a condition suitable for that purpose; and

(b) an agreement under that section for the disposal of any business may include provisions about the continuation of, and the nature and extent of, the services provided through the business.

15. Land Administration Act 1997 s. 18, operation of affected

Approval under section 18 of the Land Administration Act 1997 is not required for anything that is contained in, or done to give effect to, an agreement entered into under section 13 of this Act unless that approval is required because of section 178(5) of that Act.

16. Authority’s functions

(1) It is a function of the Authority —

(a) to facilitate the Minister’s entering into an agreement under section 13 and the fulfilment of the State’s obligations under it; and

(b) to deal with incidental and related matters.

(2) The Authority may enter into an agreement in order to provide for —

(a) the Authority or any other person to have access to anything disposed of under this Act;

(b) any person to have access to anything that is under the management and control of the Authority as provided by section 13 of Government Railways Act 1904;

(c) the sharing of facilities or the joint use of services to enable the Authority to effectively perform its functions under the Government Railways Act 1904 and to enable another party to the agreement to effectively operate freight services as the agreement contemplates.

(3) The Authority may do anything else necessary or convenient to be done for the purpose of performing a function under this Act.

(4) This section does not limit any power that the Authority has under the Government Railways Act 1904.

(5) The Minister may direct the Authority —

(a) to allow the whole or part of its functions under this Act to be performed on its behalf by; and

(b) in performing its functions under this Act, to act in accordance with any instructions of,

a committee of persons appointed by the Minister and given responsibility for matters to do with the administration of this Act.

[Section 16 amended: No. 31 of 2003 s. 189(1).]

[17. Deleted: No. 31 of 2003 s. 174.]

18. Auditor General may disclose information

Despite section 46(2) of the Auditor General Act 2006, the Auditor General may for the purpose of facilitating a disposal under this Part, disclose to any person, or provide any person with access to, information in his or her possession or under his or her control.

[Section 18 amended: No. 77 of 2006 Sch. 1 cl. 144.]

19. Effect of this Part on contracts etc.

The operation of a provision of this Part is not to be regarded as —

(a) a breach of contract or confidence or any other civil wrong; or

(b) a breach of a contractual provision prohibiting, restricting, or regulating the assignment or transfer of assets or liabilities or the disclosure of information; or

(c) giving rise to a remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or liability; or

(d) causing any contract or instrument to be void or otherwise unenforceable; or

(e) releasing, or allowing the release of, any surety.

20. Indemnities and guarantees, provision of by State

(1) The Treasurer may, in the name and on behalf of the State, give any indemnity or guarantee in respect of a matter arising under or related to —

(a) an agreement under section 13; or

(b) the assignment of anything in accordance with an agreement under section 13.

(2) The payment of any money under an indemnity or guarantee given under subsection (1) is to be made by the Treasurer and charged to the Consolidated Account, which this section appropriates to the necessary extent.

[Section 20 amended: No. 77 of 2006 s. 4.]

21. Regulations

Regulations may provide for —

(a) anything for which it is necessary or convenient to make provision in order to give effect to an agreement under section 13;

(b) anything that it is necessary or convenient to deal with as a consequence of anything in, or anything done under, this Part.

Division 2 — Assignment and related matters

22. Terms used

In this Division, unless the contrary intention appears —

asset means property of any kind whether tangible, intangible, real, or personal and, without limiting that meaning, includes —

(a) any chose in action or goodwill; or

(b) any right, interest, or claim of any kind,

whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;

assignee means the person specified in a transfer order as —

(a) the person to whom anything is assigned; or

(b) the person a reference to whom has to be treated as being substituted for a reference to the Authority in an agreement or instrument in order to give effect to section 24(1)(b);

liability means any liability, duty or obligation —

(a) whether actual, contingent or prospective, liquidated or unliquidated; or

(b) whether owed alone or jointly or jointly and severally with any other person;

right means any right, power, privilege or immunity whether actual, contingent or prospective, but does not include any privilege or immunity enjoyed as an agent of the Crown except in so far as it relates to anything done or omitted to be done before the transfer time;

transfer order means an order under section 23, as amended under that section or corrected under section 29 if applicable;

transfer time means the transfer time specified in a transfer order.

[Section 22 amended: No. 31 of 2003 s. 189(1).]

23. Transfer orders

(1) To give effect to an agreement under section 13, the Minister may make and publish in the Gazette an order that —

(a) specifies a time, being not before the day the order is published, to be the transfer time for that order; and

(b) specifies any asset or liability that, by operation of section 24, is to be assigned to the person specified in the order; and

(c) specifies proceedings in which the person specified in the order is to be substituted for the Authority as a party; and

(d) specifies any agreement or instrument relating to anything assigned that, by operation of section 24, is to have effect as if, unless otherwise expressly specified in the order, references to the assignee were substituted for references in it to the Authority.

(2) If the transfer time is specified by reference to when anything is done, the Minister is to cause notice to be published in the Gazette of the time when that thing was done.

(3) The transfer order may specify things by reference to schedules which —

(a) need not be published in the Gazette; but

(b) must be available for public inspection,

and anyone or anything specified in a schedule is to be taken to be specified in the order.

(4) Anyone or anything may be specified in a transfer order by describing the person or thing as a member of a class.

(5) Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to a relevant official under section 28, the Minister is to consult as to the form and content of the schedule with the relevant official (or each relevant official if there is more than one).

(6) The transfer order, or a schedule to which it refers, may, with the consent of the assignee, be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time.

[Section 23 amended: No. 31 of 2003 s. 189(1).]

24. Transfer orders, consequences of

(1) If a transfer order is made then, except as may be otherwise agreed between the Minister and the assignee —

(a) at the transfer time —

(i) an asset that is specified is, by operation of this section, assigned to the assignee; and

(ii) a liability that is specified is, by operation of this section, assigned to and becomes a liability of the assignee; and

(iii) the assignee is, by operation of this section, substituted for the Authority as a party to any specified proceedings;

and

(b) an agreement or instrument that is specified has effect, by operation of this section, as if, unless otherwise expressly specified, a reference to the assignee were, at the transfer time, substituted for a reference to the Authority in the agreement or instrument; and

(c) any proceedings or remedy that might have been commenced by, or available against or to, the Authority in relation to an asset or liability assigned by paragraph (a) may be commenced by, or are available against or to, the assignee of the asset or liability; and

(d) anything relating to an asset or liability assigned by paragraph (a) that was done or omitted to be done by, to, or in respect of, the Authority before the assignment and is of any effect is to be taken to have been done or omitted by, to, or in respect of, the assignee of the asset or liability.

(2) In subsection (1) —

specified means specified in the transfer order.

[Section 24 amended: No. 31 of 2003 s. 189(1).]

25. Transfer order etc., completion of transactions for

If section 24 cannot, to any extent, have effect as described in this Division (whether because a matter is governed otherwise than by the law of the State, or for any other reason), the Minister and the Authority are each to take all practicable steps for the purpose of securing that the effect sought to be achieved by the transfer order and this Division is achieved as soon as possible after the transfer time.

[Section 25 amended: No. 31 of 2003 s. 189(1).]

26. Certain instruments as to Authority’s internal arrangements may be specified in transfer order

(1) An instrument that provides for arrangements between different parts of the Authority’s business and operations may be specified in a transfer order as if it created contractual rights and liabilities.

(2) An instrument specified as described in subsection (1) is to be regarded as if its provisions were contractual provisions between different legal entities.

(3) The definitions of liability and right in section 22 include contractual liabilities and rights that are to be regarded as arising because of subsection (2), and those liabilities and rights are accordingly assignable under this Division.

[Section 26 amended: No. 31 of 2003 s. 189(2).]

27. Records, arrangements for delivery of etc.

The Authority and an assignee are to make arrangements for the delivery or sharing of, and access to, registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded, or stored) relating to any asset, liability, proceedings, agreement, or instrument specified under section 23(1) in a transfer order.

[Section 27 amended: No. 31 of 2003 s. 189(1).]

28. Registration of documents to show effect of transfer orders etc.

(1) The Minister is to cause a copy of each transfer order, any schedule to which it refers, and any notice under section 23(2) relating to the transfer time, to be delivered to each relevant official and the Authority.

(2) The relevant officials are to take notice of this Part, any transfer order, including a schedule to which the order refers, and any notice under section 23(2), and are to record and register in the appropriate manner the documents necessary to show the effect of the transfer order and this Part.

(3) In this section —

relevant official means the Registrar of Titles, the Registrar of Deeds and Transfers, the Minister administering the Mining Act 1978 or any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting relevant property;

relevant property means property of a kind affected by the transfer order, whether it is an estate or interest in land or any other property.

[Section 28 amended: No. 31 of 2003 s. 189(1); No. 47 of 2011 s. 16.]

29. Error in transfer order, correcting

(1) The Minister may by order published in the Gazette make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers.

(2) An order under this section may be made so as to have effect from the transfer time under the transfer order.

(3) To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, section 24 does not, as a result of that provision, operate so as —

(a) to affect, in a manner prejudicial to any person (other than the State, the Authority, the assignee, or a Minister, officer or agency of the State), the rights of that person existing before the day of publication; or

(b) to impose liabilities on any person (other than the State, the Authority, the assignee, or a Minister, officer or agency of the State), in respect of anything done or omitted to be done before the day of publication.

[Section 29 amended: No. 31 of 2003 s. 189(1).]

30. Proceeds of disposals, application of

The proceeds of any disposal under this Part are to be applied by paying them to the Treasurer or otherwise as the Treasurer determines.

Part 3 — Railway corridors

Division 1 — Preliminary and administrative matters

31. Term used: Authority land

In this Part, unless the contrary intention appears —

Authority land means —

(a) land that is, or is part of, a Government railway as defined in section 2 of the Government Railways Act 1904; or

(b) other land that is used by or under the control of the Authority.

[Section 31 amended: No. 31 of 2003 s. 175.]

32. Authority’s powers for purposes of this Act

The Authority may do anything necessary for, or incidental to, the performance of its functions under this Act.

[Section 32 inserted: No. 31 of 2003 s. 176.]

33. Guidelines for Authority

(1) The Minister may give the Authority written guidelines about how it is to perform its functions under this Part.

(2) In performing its functions under this Part, the Authority is required to have regard to any relevant guidelines given to it under subsection (1) by the Minister.

(3) This section does not limit the directions that the Minister may give the Authority under the Public Transport Authority Act 2003 section 27 or the effect of a direction under that section.

[Section 33 inserted: No. 31 of 2003 s. 177.]

Division 2 — Ordering land to be, or be no longer, corridor land

34. Authority land, designating as corridor land or land other than corridor land

The Minister may, by order notice of which is published in the Gazette, designate Authority land identified by the order as corridor land or land other than corridor land.

[Section 34 inserted: No. 31 of 2003 s. 178.]

35. Corridor land, descriptions of and orders as to

(1) For the purpose of assisting the Minister to prepare a proposal under section 11 that includes a proposal to dispose of land, the Authority is to give to the Minister a description of the land sufficient to identify it.

(2) If any of the land is not land in respect of which a corridor land order has been published in the Gazette under this Part, the Minister, by order notice of which is published in the Gazette, is to designate the land as corridor land or land other than corridor land.

[Section 35 amended: No. 31 of 2003 s. 179 and 189(1).]

36. Land other than Authority land, designating as corridor land

If the State makes any land that is not Authority land available to be corridor land, the Minister may, by order notice of which is published in the Gazette, designate the land as corridor land.

[Section 36 inserted: No. 31 of 2003 s. 180.]

37. Land may be ordered to be no longer corridor land

(1) The Minister may, by order notice of which is published in the Gazette, cancel the designation as corridor land of any land that is no longer required to be corridor land.

(2) Land the designation of which is cancelled by the order becomes part of a Government railway for the purposes of the Government Railways Act 1904.

[Section 37 amended: No. 31 of 2003 s. 187.]

38. Identifying land in an order

An order under this Division may identify land by reference to a schedule that is not published in the Gazette but is available for public inspection.

39. Errors in order, correcting

(1) The Minister may by order published in the Gazette make any provision that is necessary to correct any error in an order under this Division (in this section called the initial order) or a schedule to which it refers.

(2) Subsection (1) applies whether the initial order was made by the Minister or not.

(3) An order under this section may be made so as to have effect from the time when the initial order had effect.

(4) To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, it does not operate so as —

(a) to affect, in a manner prejudicial to any person (other than the State, the Authority, or a Minister, officer or agency of the State), the rights of that person existing before the day of publication; or

(b) to impose liabilities on any person (other than the State, the Authority, or a Minister, officer or agency of the State), in respect of anything done or omitted to be done before the day of publication.

[Section 39 amended: No. 31 of 2003 s. 181, 187 and 189(1).]

40. When order comes into operation

(1) An order under this Division comes into operation at the beginning of the day on which notice of it is published in the Gazette unless the order specifies another time when it is to come into operation.

(2) If the time when an order is to come into operation is specified by reference to when anything is done, the Minister is to cause notice to be published in the Gazette of the time when that thing was done.

(3) Nothing in subsection (1) limits section 39(3).

41. Notation on title to corridor land

(1) After making an order under this Division, the Minister is to cause a copy of the order and any schedule to which it refers to be delivered to each relevant official and the Authority.

(2) The person delivering a copy of the order to a relevant official is to also provide the relevant official with any further information requested by the relevant official, in the form, if any, specified in the request.

[(3) deleted]

(4) Each relevant official is to make any entry in, or endorse or note, any relevant title, plan, map, land register or record to give a person searching the title to that land notice that it is corridor land or that the designation of the land as corridor land has been cancelled.

(5) A statement in writing signed by the chief executive officer of the Authority that land is corridor land is evidence of the fact stated.

(6) In this section —

relevant official means —

(a) the Registrar of Titles; or

(b) the Registrar of Deeds and Transfers; or

according to which, if any, of them has responsibility for a register relating to the affected land.

[Section 41 amended: No. 31 of 2003 s. 182 and 189(1); No. 47 of 2011 s. 16.]

Division 3 — Dealing with corridor land and things on it

42. Authority’s functions as to corridor land and certain things on it

(1) The Authority may, for the purposes of facilitating the use of corridor land for the carriage of freight by rail or for any other purpose that is compatible with that use —

(a) dispose of an interest in corridor land that is no greater than a leasehold interest and, if it is for a term, is not for a term that is, or is capable of being, more than 50 years;

(b) dispose of anything, or an interest in anything, belonging to the State that is on corridor land, is associated with the provision of a rail freight service, and is not part of a Government railway for the purposes of the Government Railways Act 1904;

(i) corridor land; and

(ii) anything belonging to the State that is on corridor land, is associated with the provision of a rail freight service, and is not part of a Government railway for the purposes of the Government Railways Act 1904.

(2) For the purposes of the restriction in subsection (1)(a), any term for which there is an option to renew an interest is to be regarded as part of the term of the interest.

(3) The powers given by subsection (1) apply to land and things belonging to the State even if they are not held by the Authority but before exercising powers in respect of land that is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997), or anything on that land, the Authority is required to consult with the DBNGP Land Access Minister (as defined in that Part).

(4) Without limiting what else the Authority may do, the Authority may do, in relation to former Government railway land or anything on it that is associated with the provision of a rail freight service and is not part of a Government railway for the purposes of the Government Railways Act 1904, anything that the Authority could have done had the land not become corridor land.

(5) Without limiting what else the Authority may do, Part VI of the Public Works Act 1902 applies, so far as it is consistent with the other provisions of this Act for it to do so, as if —

(a) a reference in it to a railway referred to a railway that is on corridor land; and

(b) in relation to a railway that is on corridor land, a reference to the Minister referred to the Minister responsible for the administration of this Act,

but the regulations may modify or exclude the application of any provision of that Part under this subsection.

(6) Nothing in subsection (1)(b) or (c)(ii) or subsection (4) or (5) limits the power of the Authority to dispose of, manage, or do anything else in relation to, anything, whether or not it is on corridor land or former Government railway land, if it belongs to the Authority.

(7) In this section —

former Government railway land means corridor land that was, before it became corridor land, part of a Government railway for the purposes of the Government Railways Act 1904.

[Section 42 amended: No. 31 of 2003 s. 183, 188 and 189(1).]

43. Authority to fulfil State’s obligations under s. 13 agreement

The Authority is to perform any function given by this Act as may be necessary to fulfil the State’s obligations under an agreement under section 13.

[Section 43 amended: No. 31 of 2003 s. 188.]

44. Other persons to convey property disposed of by Authority

Any other person holding anything disposed of, or anything an interest in which is disposed of, under this Part by the Authority is to convey what it was that the Authority disposed of.

[Section 44 amended: No. 31 of 2003 s. 184 and 188.]

Division 4 — Regulatory and other matters to do with corridor land

45. Dividing Fences Act 1961, application of to corridor land

The Dividing Fences Act 1961 does not apply to a fence separating corridor land from any other land, whether the other land is also corridor land or not.

46. Corridor land not subject to certain rates or taxes

(1) Except as stated in subsection (3), corridor land is exempt from —

(a) any rate under the Local Government Act 1995; and

(b) any other rate, tax, or charge specified by the Treasurer by an order published in the Gazette under this section.

(2) The Treasurer may, by order published in the Gazette under this section, amend or revoke a previous order under this section.

(3) Subsection (1) does not exempt corridor land from a rate under the Local Government Act 1995 to the extent that, under that Act, the land is rateable in the hands of a lessee or tenant who holds a lease or other form of tenancy over the land other than for the purposes of facilitating the use of corridor land for the carriage of freight by rail.

[Section 46 amended: No. 31 of 2003 s. 185.]

47. No construction on corridor land without consent

(1) Despite anything in any Act, a person is not to construct anything on corridor land unless the Authority has agreed in writing or the regulations state that the agreement of the Authority to the construction is not required.

(2) An agreement under subsection (1) is to give the Authority, in addition to any other remedies that may be specified, the right to remove whatever is to be constructed, and any material used in connection with it, from the corridor land if any other party to the agreement breaches it.

[Section 47 amended: No. 31 of 2003 s. 188.]

48. Restrictions on use etc. of corridor land

(1) Corridor land is subject to restrictions under this section.

(2) The restrictions are —

(a) that the land is not to be used in a way that is inconsistent with anything that is on, or is being done on, the land in accordance with rights conferred by the Authority under this Part; and

(b) that, unless the approval in writing of the Authority has been obtained first or the regulations state that the approval of the Authority under this paragraph is not required —

(i) the land is not to be used; and

(ii) statutory powers under any other written law are not to be exercised on or in respect of the land,

in a way or to an extent that could reasonably be expected to materially interfere with the exercise in the future of rights that have been, or might in the future be, conferred by the Authority under this Part; and

(3) The Authority may refuse to give approval under subsection (2)(b) on the grounds of the likelihood of, or the extent of, the interference referred to in that provision or on any other grounds that the Authority thinks relevant.

[Section 48 amended: No. 31 of 2003 s. 188.]

49. Delegation by Authority

(1) The Authority may, by an instrument of delegation signed by its chief executive officer, delegate to a person having an interest in corridor land, either generally or as otherwise provided in the instrument —

(a) the power of approval given by section 48(2)(b); or

(b) any power or duty given to the Authority by regulations referred to in section 48(2)(c) in respect of the land.

(2) A power or duty in respect of land cannot be delegated under subsection (1) if the land is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997).

[Section 49 amended: No. 31 of 2003 s. 186 and 188.]

50. Regulations, specific subjects for

(1) Without limiting the regulations that may be made for the purposes of section 48(2)(c), the regulations may —

(a) make provision for the protection of the corridor land and things on it;

(b) make provision for restricting or prohibiting entry onto corridor land or places or things on it, which may include provisions to do with the erection, maintenance, or removal of gates across public thoroughfares on corridor land;

(c) make provision for the temporary closure or restriction on the use of a public thoroughfare, bridge, or other structure on or adjacent to corridor land for maintenance or in other circumstances.

(2) The regulations may make it an offence to contravene a restriction under section 48, and may prescribe a fine of not more than $10 000 in respect of the offence.

(3) Regulations may make provision as to operational and technical matters arising from corridor land being land that is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997).

51. Protecting corridor land etc., use of entry powers for

A person authorised by the Authority to exercise the powers of entry given by this Division, or any of them, may exercise those powers for doing things for the protection of corridor land and things on it.

[Section 51 amended: No. 31 of 2003 s. 188.]

52. Assistants etc., entry by

Entry under this Division may be made with such assistants and equipment as are considered necessary for the purpose for which entry is required.

53. Entering property, general procedure for

(1) Except in an emergency or if the entry is authorised by the warrant of a justice, entry by or on behalf of the Authority on to any land, premises or thing is not lawful unless —

(a) the consent of the owner or occupier has been obtained; or

(b) notice has been given under section 54.

(2) If notice has been given under section 54, a person authorised by the Authority to do so may lawfully enter the land, premises or thing without the consent of the owner or occupier unless the owner or occupier or a person authorised by the owner or occupier objects to the entry.

[Section 53 amended: No. 31 of 2003 s. 188.]

54. Notice of intended entry

(1) A notice of an intended entry is to be given to the owner or occupier of the land, premises or thing that is to be entered.

(2) The notice is to specify the purpose for which the entry is required and continues to have effect for so long as that requirement continues.

(3) The notice is to be given not less than 24 hours before the power of entry is exercised.

(4) Successive entries for the purpose specified in the notice are to be regarded as entries to which that notice relates.

55. Entry under warrant

(1) In the circumstances described in subsection (2), a justice may by warrant authorise the Authority, by its authorised persons, together with such other persons as are named or described in the warrant, or a police officer, to enter any land, premises or thing using such force as is necessary.

(2) A warrant may be granted under subsection (1) where a justice is satisfied that the entry is reasonably required but —

(a) entry has been refused or is opposed or prevented; or

(b) entry cannot be obtained; or

(3) A warrant granted under subsection (1) —

(a) is to be in the prescribed form; and

(b) is to specify the purpose for which the land, premises or thing may be entered; and

[Section 55 amended: No. 31 of 2003 s. 188.]

56. Entry in an emergency

(1) In an emergency the Authority, by its authorised persons, may lawfully enter any land, premises or thing immediately and without notice and do what it considers appropriate to deal with the emergency.

(2) For the purposes of this section, an emergency exists where the Authority is of the opinion that the circumstances are such that compliance with the requirements for obtaining entry other than under this section would be impractical or unreasonable because of, or because of the imminent risk of —

(a) injury or illness to any person; or

(b) a natural or other disaster or emergency; or

(3) A person exercising the power of entry given by subsection (1) may use reasonable force.

(4) The power of entry given by subsection (1) may be exercised at any time while the emergency exists and for so long subsequently as is reasonably required.

(5) Although notice of an intended entry under this section is not generally required, the Authority is to give notice of an intended entry of land under this section to the owner or occupier of the land where it is practicable to do so.

[Section 56 amended: No. 31 of 2003 s. 188.]

57. Purpose of entry to be given on request

A person who enters or who has entered any land, premises or thing on behalf of the Authority is to give particulars of the authority for that entry on being requested to do so.

[Section 57 amended: No. 31 of 2003 s. 188.]

Part 4 — Miscellaneous

58. Civil penalty, agreements etc. may provide for

(1) An agreement under section 13 or an instrument under which a person holds an interest in corridor land under Part 3 may provide for a party to be liable to pay an amount determined under the agreement or instrument, by way of civil penalty, in respect of a breach of the agreement or instrument.

(2) The agreement or instrument may provide for an increase in the amount of the civil penalty because of each day or part of a day during which a breach continues.

(3) A civil penalty provided for in accordance with this section is recoverable even though no damage may have been suffered or the penalty may be unrelated to the extent of any damage suffered.

59. Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

Part 5 — Amendments to, or modification of, other Acts

[Divisions 1‑3 (s. 60‑95) omitted under the Reprints Act 1984 s. 7(4)(e).]

Division 4 — Land Administration Act 1997

96. Act amended or modified

The amendments or modifications in this Division are to the Land Administration Act 1997.

[97‑99. Omitted under the Reprints Act 1984 s. 7(4)(e).]

100. Sections 187‑191 not to apply

Sections 187 to 191 do not apply to or in relation to corridor land.

101. Taking of land to be as if for conferral of rights

When applying the Land Administration Act 1997, the taking of land for the purpose of dealing with it as corridor land under this Act is to be regarded as being for the purpose of, and the land is to be regarded as being required for the purpose of, the grant of interests in the land under this Act, whether or not interests have already been granted under this Act in respect of the land.

[Divisions 5 and 6 (s. 102‑104) omitted under the Reprints Act 1984 s. 7(4)(e).]

Division 7 — Planning and Development Act 2005

[Heading amended: No. 38 of 2005 s. 15.]

105. Sections 135 and 136 not to apply

Sections 135 and 136 of the Planning and Development Act 2005 do not apply to —

(a) a disposal of an interest in corridor land; or

(b) a disposal under Part 2; or

[Section 105 amended: No. 38 of 2005 s. 15.]

dline

Notes

This is a compilation of the Rail Freight System Act 2000 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Rail Freight System Act 2000	13 of 2000	8 Jun 2000	s. 1 and 2: 8 Jun 2000; Act other than s. 1 and 2, Pt. 5 Div. 1 and 6 and s. 91(1)(a) and (b) and 93: 30 Jun 2000 (see s. 2(1) and Gazette 30 Jun 2000 p. 3397); Pt. 5 Div. 1 and 6: 1 Jul 2000 (see s. 2(2) and Gazette 30 Jun 2000 p. 3397); s. 91(1)(a) and (b) and 93: 1 Sep 2001 (see s. 2(5)‑(7) and Gazette 28 Aug 2001 p. 4795)
Railways (Access) Amendment Act 2000 s. 13	55 of 2000	28 Nov 2000	28 Nov 2000 (see s. 2)
Corporations (Consequential Amendments) Act 2001 Pt. 46	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Public Transport Authority Act 2003 Pt. 8 Div. 4 4	31 of 2003	26 May 2003	1 Jul 2003 (see s. 2(1) and Gazette 27 Jun 2003 p. 2384)
*Reprint 1: The Rail Freight System Act 2000* as at 21 Jan 2005** (includes amendments listed above)
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15	38 of 2005	12 Dec 2005	9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 144	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Rail Safety Act 2010 Pt. 11 Div. 4	18 of 2010	28 Jun 2010	1 Feb 2011 (see s. 2(b) and Gazette 28 Jan 2011 p. 241)
Standardisation of Formatting Act 2010 s. 51	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Statutes (Repeals and Minor Amendments) Act 2011 s. 16	47 of 2011	25 Oct 2011	26 Oct 2011 (see s. 2(b))
*Reprint 2: The Rail Freight System Act 2000* as at 3 Feb 2012** (includes amendments listed above)
Rail Safety National Law (WA) Act 2015 Pt. 5	21 of 2015	17 Sep 2015	2 Nov 2015 (see s. 2(b) and Gazette 16 Oct 2015 p. 4149)
Rail Safety National Law Application Act 2024 s. 58	7 of 2024	26 Mar 2024	1 Oct 2024 (see s. 2(b) and SL 2024/193 cl. 2)

Other notes

1 The provisions in this Act amending other Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).

2 Formerly referred to the Government Railways (Access) Act 1998 the short title of which was changed to the Railways (Access) Act 1998 by s. 62 of this Act. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3 Repealed by the National Rail Corporation Agreement Repeal Act 1999.

4 The Public Transport Authority Act 2003 Pt. 7 Div. 3, 5, and 6 deal with transitional matters.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

asset 22

assignee 22

Authority 3

Authority land 31

Authority’s rail freight business 3

company 12(10)

confidential information 12(10)

corridor land 3

corridor land order 3

director 12(10)

eligible company 13(2)

former Government railway land 42(7)

Government railway 8(6)

initial order 39(1)

involved in providing train services 12(10)

liability 22

relevant official 28(3), 41(6)

relevant property 28(3)

right 22

specified 24(2)

standard gauge corridor land 12(10)

to control 12(10)

train services 12(10)

transfer order 22

transfer time 22

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Rail Freight System Act 2000

Western Australia

Rail Freight System Act 2000

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 3
Land etc. belonging to State, references to 3
Disposing of land etc. belonging to State, references to 3
Things on land, meaning of 4
Property in things on land 4
Government railways, effect on of disposals etc. under this Act 4
Relationship with other Acts 5
Act binds Crown 6

Part 2 — Disposal and related matters

Division 1 — Disposal, generally

Proposals for disposal of rail freight business 7
Limitations on disposal of land 7
Agreements to give effect to proposals for disposals 10
Agreements under s. 13, content of 11
Land Administration Act 1997 s. 18, operation of affected 11
Authority’s functions 12
Auditor General may disclose information 13
Effect of this Part on contracts etc. 13
Indemnities and guarantees, provision of by State 13
Regulations 14

Division 2 — Assignment and related matters

Terms used 14
Transfer orders 15
Transfer orders, consequences of 16
Transfer order etc., completion of transactions for 17
Certain instruments as to Authority’s internal arrangements may be specified in transfer order 18
Records, arrangements for delivery of etc. 18
Registration of documents to show effect of transfer orders etc. 18
Error in transfer order, correcting 19

The Act rests on a concise set of statutory concepts that determine the legal effect of disposals and corridor management.

Authority and Authority’s rail freight business. “Authority” is defined by reference to the Government Railways Act 1904 (s 3). The Authority’s rail freight business is defined broadly to include carriage of freight by rail, provision and maintenance of facilities for freight carriage, carriage by road where part of that business, and related activities (s 3). Those definitions set the universe of assets, operations and activities that may be targeted by proposals under Part 2 (s 11).
Corridor land. Land designated as “corridor land” under Part 3 is the key spatial concept. Corridor land may be Authority land (a Government railway or land used under the Authority’s control) or other State land made available to be corridor land (ss 31, 34, 36). A corridor land order (defined in s 3) is the statutory instrument that designates land as corridor land or cancels that designation (ss 34-37). Publication in the Gazette triggers legal consequences (s 40).
Transfer order and transfer time. A transfer order (s 22) is the instrument that effects statutory assignment of specified assets and liabilities to an assignee at a specified transfer time (ss 23-24). The order may specify substitution of the assignee in proceedings and provide that documents have effect as if references to the Authority were references to the assignee (s 23(1)(c)-(d), s 24(1)(b)-(c)). The Minister may publish schedules that are not gazetted but made available for inspection (s 23(3)).
Assignment by operation of law. The Act effects assignments “by operation of this section” (s 24). This mechanism changes beneficial and legal ownership, substitutes parties in proceedings, and treats pre‑assignment acts or omissions as if done by the assignee (s 24(1)(a)-(d)). Where State law alone cannot achieve the desired effect, the Minister and the Authority must take all practicable steps to achieve the intended outcome (s 25).
Eligible company and separation requirement for standard gauge. For disposals of standard gauge corridor land, the Act imposes a separation between infrastructure owners and train service providers. An eligible company must have as its main business the provision and maintenance of railway facilities, must not be involved in providing train services, and must have constitutional provisions preventing the disclosure of confidential information to train service providers or related parties (s 12(3)-(5), s 13(2)). The Act’s definitions and tests for “involved in providing train services” and “control” cross‑reference the Corporations Act meaning of subsidiary and director (s 12(4)-(5), s 12(10)).
Operational standards obligations. For specified corridors the Act requires proposals to ensure capital improvements and maintenance to numeric performance standards as a condition of disposal , for example, Koolyanobbing-Esperance, Kwinana-Parkeston and Kalgoorlie-Leonora corridors have prescribed axle load, track speed and train length standards or maintenance parity with existing standards (s 12(6)-(8)).
Property on land. The Act draws a distinction between land and things on land. Anything placed in, on, over, or buried in land is “on that land” (s 6). Such things are not treated as part of the land for disposability, can be assigned separately, and are removable with owner authority (s 7).
Regulatory override and interaction rules. The Act provides limited overrides and specific non‑applications of other statutes: sections 187-191 of the Land Administration Act do not apply to corridor land (s 100); planning code provisions (ss 135 and 136 of the Planning and Development Act 2005) do not apply to disposals under this Act (s 105); but where inconsistent, the Rail Safety National Law and the Railways (Access) Act 1998 prevail (s 9(1)).
Authority powers and Ministerial control. The Authority is empowered to facilitate disposals, enter access or sharing agreements, manage corridor land and do anything necessary or incidental to these functions (s 16, s 42). The Minister can issue guidelines (s 33) and is empowered to direct the Authority or delegate functions to committees (s 16(5)).
Protections for the State and administrative facilitation. The Act removes the risk that statutory disposals will be actionable as breaches of contract or give rise to termination rights (s 19). It allows the Auditor‑General to disclose information to facilitate a disposal (s 18). The Treasurer may provide indemnities and guarantees and determine application of proceeds (s 20, s 30).

These concepts form the apparatus by which the State moves assets and land out of the Authority’s direct control while creating statutory obligations, protective measures and recording duties to secure continuity of rail services and manage future use of corridors.

Primary decision‑makers and duty holders

The Minister and the Treasurer. The Minister drafts proposals for disposal and may enter agreements on behalf of the State once the Treasurer approves the proposal (ss 11, 13). The Minister also makes corridor land orders by Gazette notice designating land as corridor land or cancelling that designation (ss 34-37). The Treasurer approves proposals, may give indemnities and guarantees and determines application of disposal proceeds (ss 11, 20, 30). The Minister also delivers transfer orders to relevant officials and may correct errors (ss 23, 28, 29, 39).
The Authority. The Authority has a broad role: facilitating the Minister’s agreements, entering access and sharing agreements, managing corridor land, disposing of leasehold interests and associated things on corridor land, and exercising entry powers for protection and maintenance (ss 16, 42, 51-57). The Authority must give the Minister descriptions of land sufficient to identify it to assist proposals (s 35). The Authority must also implement contractual obligations that the State has given effect to under s 13 agreements (s 43).

Owners, assignees and lessees

Assignees. Persons or companies specified in transfer orders who receive assets and liabilities by operation of law are affected: they become statutory assignees, substituted parties in proceedings, and bear liabilities specified in transfer orders (ss 23-24). For standard gauge corridor land, an assignee must be an “eligible company” and remain so (ss 12(3), 13(2)).
Other persons holding things disposed of by the Authority. These parties must convey the property to which the Authority’s disposal relates (s 44) and participate in arrangements for delivery or sharing of records (s 27).

Local government, taxing and registration officials

Relevant officials. Registrars of Titles, Deeds and Transfers, the Minister administering the Mining Act and other recording authorities are required to register and note transfer orders and corridor land orders on titles, plans and records to give notice to title searchers (ss 28, 41).
Local governments and rate authorities. Corridor land is exempt from rates under the Local Government Act 1995 and from other rates, taxes or charges specified by the Treasurer, except where a lessee is rateable under the Local Government Act because they hold the land for a purpose other than facilitating rail freight (s 46). This affects local revenue bases and the billing roles of councils.

Rail operators and train service providers

Train services operators. The Act’s separation requirement for standard gauge corridor land is directed at preventing infrastructure owners from being “involved in providing train services” (s 12(3)-(5)). That affects vertically integrated operators seeking to acquire corridor assets because they would be ineligible to purchase or hold standard gauge corridor land.

Adjacent landowners and the public

Landowners adjacent to corridor land. The Dividing Fences Act 1961 does not apply to fences separating corridor land from other land (s 45). Corridor land is subject to restrictions on use (s 48), and the Authority may refuse approvals for activities likely to materially interfere with future rights conferred over the land (s 48(3)). Entry powers (ss 51-57) also permit Authority agents to enter land for protection and maintenance purposes, with notice and warrant regimes.

Parties to existing contracts and securities

Contracting counterparties, sureties and lenders. The Act expressly states that the operation of Part 2 is not to be regarded as a breach of contract or confidence, or as giving rise to remedies for change in beneficial or legal ownership; and instruments are not voided and sureties are not released by operation of the Part (s 19). That provision changes the legal landscape for lenders and counterparties assessing security over Authority assets targeted for disposal.

Regulatory authorities

Rail safety and access regulators. The Act yields to the Rail Safety National Law and the Railways (Access) Act 1998 where inconsistent (s 9(1)). Those regimes therefore retain primacy for safety and access matters, and their requirements continue to apply to corridor land and operations despite disposals.

Secondary parties and public interest actors

The Auditor‑General. The Auditor‑General may disclose information for the purpose of facilitating disposals under Part 2 (s 18), which affects information flows that would otherwise be restricted.
Purchasers, creditors and investors. Prospective buyers must comply with the Act’s constraints (e.g. eligible company rules and improvement obligations) and will be the recipients of statutory assignments that substitute them into existing agreements and proceedings (ss 12, 23-24). Investors need to factor in the registration regimes, non‑application of planning and land administration protections, and potential regulatory offences under the regulations (ss 28, 100, 105, 50).

In short, the Act primarily affects the State executive (Minister, Treasurer), the Authority, prospective assignees/lessees and third parties who hold or enforce rights over the Authority’s assets, together with local government and registration bodies who must make entries and accept exemptions. The Act’s statutory consequences change the property, regulatory and contractual position of all these actors simultaneously, with the immediate decision authority lodged with the Minister and Treasurer and operational duties placed on the Authority and relevant officials.

The Act creates concrete duties, rights, and procedural obligations distributed across the State, the Authority, assignees, and registration officials. Below are the principal ones with section references.

Ministerial and Treasurer duties and rights

Prepare and propose disposals. The Minister may prepare and submit a proposal to the Treasurer to dispose of the Authority’s rail freight business and associated things (s 11). The proposal must unambiguously describe the business and things to be disposed (s 11(4)).
Make transfer and corridor land orders. The Minister may make transfer orders giving effect to agreements under s 13 and corridor land orders designating land as corridor land or cancelling that designation (ss 23, 34-37). The Minister must publish orders in the Gazette and deliver copies to relevant officials (ss 23(1), 28, 41(1)).
Correct errors. The Minister may, by Gazette order, correct errors in transfer orders or corridor land orders and may make those corrections operate from the transfer time or original order time (ss 29, 39). Protections limit retrospective effect where it prejudices private parties (ss 29(3), 39(4)).
Provide indemnities and guarantees. The Treasurer may, in the name of the State, give indemnities or guarantees in relation to an agreement under s 13 or related assignments (s 20). Payments under indemnities are to be charged to the Consolidated Account (s 20(2)).

Authority duties and rights

Facilitate and implement the State’s obligations. The Authority must facilitate the Minister’s entry into agreements under s 13 and perform any functions necessary to fulfil the State’s obligations under such agreements (ss 16(1)(a), 43).
Enter access and sharing agreements. The Authority may enter agreements to provide access to assets disposed of, share facilities, or permit joint use of services to enable operational continuity (s 16(2)).
Dispose of corridor land and things on it. The Authority may dispose of interests in corridor land not exceeding leaseholds and for terms not exceeding 50 years; dispose of things on corridor land that are associated with rail freight and not part of a Government railway; and generally manage corridor land and related matters (s 42(1)(a)-(c)). Renewal options count as part of the term (s 42(2)).
Exercise entry and protection powers. The Authority may authorise persons to exercise entry powers for protection and maintenance of corridor land and things on it (s 51), with procedures for notice, warrants, emergency entry and provision of authority particulars on request (ss 53-57).
Delegate powers. The Authority may delegate approval powers under s 48(2)(b) and regulation‑based powers under s 48(2)(c) to persons having an interest in corridor land, except in the DBNGP corridor where delegation is prohibited (s 49).

Assignee rights and obligations

Automatic assignment and substitution. On a transfer order, assets specified are assigned to the assignee and liabilities become the assignee’s liabilities at the transfer time, and the assignee is substituted for the Authority as a party to specified proceedings (s 24(1)(a)-(c)). Agreements and instruments may be treated as if references to the Authority were references to the assignee (s 24(1)(b)).
Records and access duties. The Authority and assignee must make arrangements for delivery, sharing and access to registers, papers and other records relating to transferred assets and liabilities (s 27).
Conveyancing obligations. Any other person holding property disposed of by the Authority is required to convey that property to the recipient of the Authority’s disposal (s 44).

Registration and notification duties

Delivery to relevant officials and entries. The Minister must deliver transfer orders and corridor land orders to relevant officials and the Authority (ss 28(1), 41(1)). Relevant officials must register or note the effect of the transfer order or corridor land order in their registers and records to give notice to searchers (ss 28(2), 41(4)).

Contractual and remedial effects

Non‑breach carve‑outs. The Act states that the operation of Part 2 is not to be considered a breach of contract or confidence, a breach of assignment restrictions, nor give rise to remedies or instrument avoidance because of a change in beneficial or legal ownership; nor does it release or allow release of sureties (s 19). That changes the remedial position of counterparties to Authority contracts where those contracts are subject to transfer orders.
Contractual civil penalties. Agreements under s 13 or instruments under which corridor interests are held may provide for civil penalties for breach, including daily increasing amounts. Those penalties are recoverable even if no damage is proved (s 58).

Regulatory constraints and offences

Use restrictions and approvals. Corridor land may not be used in ways inconsistent with existing rights, and statutory powers under other laws may not be exercised in ways likely to materially interfere with future rights conferred by the Authority without the Authority’s written approval (s 48(2)). The Authority may refuse approval on the grounds it considers relevant (s 48(3)).
Building consent. No person may construct anything on corridor land without the Authority’s agreement unless regulations provide otherwise; the Authority’s agreement may include the right to remove constructions and materials on breach (s 47).
Offences and fines in regulations. Regulations may create offences for contravention of restrictions under s 48 and prescribe fines up to $10,000 (s 50(2)). Regulations may also address operational matters in the DBNGP corridor (s 50(3)).

Interaction and primacy rules

Prevailing safety and access law. Where inconsistent, the Rail Safety National Law (WA) and the Railways (Access) Act 1998 prevail (s 9(1)). The Act therefore does not displace those regimes on matters of safety or access where conflicts arise.

These duties and rights configure how the State disposes of rail freight assets, how the Authority manages corridor land, how assignees step into pre‑existing legal relationships and how registration and regulatory bodies must reflect the statutory changes in their records and enforcement.

The Act itself contains only limited direct statutory penalties and instead relies substantially on contractual enforcement and delegated regulatory instruments. The enforcement architecture combines civil contractual remedies, administrative powers, limited monetary fines created by regulations, and criminal or civil penalties where regulations prescribe them.

Civil penalties via contracts and instruments

Contractual civil penalties. Section 58 permits an agreement under s 13, or an instrument under which a person holds an interest in corridor land, to provide for civil penalties recoverable for breach of the agreement or instrument. Those provisions allow daily accruals and recovery even where no damage is suffered (s 58(1)-(3)). This lets parties structure remedies as liquidated or penalty‑style sums recoverable through contract enforcement, rather than relying on statutory sanctions.

Administrative enforcement and rights of removal

Authority’s removal right. Where construction occurs on corridor land without compliance with s 47, an agreement granting the Authority’s consent is to provide the Authority with the right, in addition to other remedies, to remove whatever has been constructed and any materials used if another party breaches the agreement (s 47(2)). That is an administrative self‑help mechanism embedded in the consent regime.

Regulatory offences and fines

Regulations may prescribe offences. Section 50(2) expressly permits regulations to make it an offence to contravene a restriction under s 48 and to prescribe a fine not exceeding $10,000. The Act itself does not specify the precise conduct that constitutes an offence; rather, it enables the Governor to prescribe that conduct in regulations (s 50(1)-(2)). The Act also authorises regulations addressing protection of corridor land, restrictions on entry, temporary closures, and other operational matters (s 50(1)).

Entry, warrants and emergency powers

Entry powers. The Authority, or persons authorised by it, may enter corridor land and use assistants and equipment to protect corridor land and things on it (ss 51-52). Entry requires consent of owner or occupier or prior notice under s 54, unless in an emergency or under warrant (s 53). Where necessary a justice may issue a warrant authorising entry with such force as required, until the purpose of entry is satisfied (s 55). Emergency entry is permitted immediately without notice where the Authority considers circumstances make compliance impractical and there is imminent risk to persons or property, with powers to use reasonable force (s 56). Those entry regimes create powers to enforce protection obligations and maintain infrastructure while imposing procedural safeguards such as notice, request for particulars and warrant processes (ss 53-57).

Registration and recording enforcement

Obligations on relevant officials. The Minister must deliver transfer orders and corridor land orders to relevant officials, who must record and register the documents necessary to show the effect of the orders and the Part (s 28(1)-(2)). Each relevant official is obliged to make title entries or notes so that persons searching titles are notified of corridor designations and changes (s 41(4)). These duties provide public notification enforcement by registries.

Limitations and interlocking regimes

Interaction with other laws. The Act recognises that where it conflicts with the Rail Safety National Law (WA) or the Railways (Access) Act 1998, those statutes prevail (s 9(1)). Thus, safety‑related enforcement measures and access enforcement remain the responsibility of those regimes.

Protections against claims and remedies

Contract law carve‑outs. Section 19 states that operation of Part 2 is not to be regarded as a breach of contract or confidence, or a breach of contractual provisions restricting assignment, or as giving rise to remedies such as instrument termination, rescission or enforceability impacts. That provision reduces litigation risk against the State and its assignees arising from the statutory operation of disposals; it is itself an enforcement‑limiting provision in favour of State facilitated transfers.

Practical enforcement path

In practice, enforcement of corridor rights and obligations will commonly be pursued via contractual remedies included in sale, lease or access agreements (including civil penalty clauses under s 58), and via the Authority’s administrative powers (removal rights under s 47 and entry powers ss 51-57). Regulatory offences and fines under regulations provide an additional public enforcement tool where the Governor prescribes specific contraventions under s 50.

Risk allocation and recovery

The Act explicitly allows the Treasurer to provide indemnities or guarantees to underwrite risks arising from disposals or assignments (s 20). That power shifts financial exposure for certain liabilities to the State where exercised, which interacts with enforcement because an indemnity may determine who ultimately bears the cost of remedying breaches or liabilities assigned to assignees.

In summary, the Act favours contractual enforcement backed by administrative entry and removal powers, limited regulatory criminalisation via future regulations with monetary fines up to $10,000, and public recording mechanisms to protect notice and title searches, while carving out legal claims that might otherwise impede transfers effected by statute.

The Act does not operate in a legal vacuum. It expressly modifies and interacts with several other statutory regimes, creates exceptions to statutory protections, and preserves primacy for other rail and safety laws.

Primacy and non‑prejudice clauses

Rail Safety and Access legislation prevail. Section 9(1) establishes that if anything in this Act or regulations made under it is inconsistent with the Rail Safety National Law (WA) or the Railways (Access) Act 1998 (and subsidiary legislation), those laws prevail. That preserves safety and access regulatory regimes as superior to this disposal and corridor management framework on matters of inconsistency.
Effect on Government Railways Act. The Act cross‑references the Government Railways Act 1904 in defining “Authority” and “Government railway”, and contains provisions on when something ceases to be part of a Government railway (s 8). For example, undisposed items cease to be Government railways on transfer unless the Minister orders otherwise (s 8(1)-(3)), and corridor land cannot be part of a Government railway (s 8(5)).

Land law modifications and planning

Land Administration Act modifications. The Act modifies the Land Administration Act 1997. Section 15 provides that approval under s 18 of the Land Administration Act is not required for anything in or done to give effect to an agreement under s 13 of this Act unless that approval is required by s 178(5) of the Land Administration Act. Division 4 (ss 96-101) in Part 5 specifically states that sections 187-191 of the Land Administration Act do not apply to corridor land (s 100), and that taking of land for corridor purposes is to be regarded as for conferral of rights under this Act (s 101). Those modifications change the compulsory acquisition and compensation mechanics that otherwise apply under the Land Administration Act when the State deals with land as corridor land.
Planning and development exemptions. Section 105 excludes application of ss 135 and 136 of the Planning and Development Act 2005 to disposals of corridor interests and conveyances under Part 2. Those planning exemptions may streamline disposals and conveyances by removing certain planning approval steps that would otherwise apply.

Recording and registration interaction

Obligations on registrars and mining minister. The Act requires delivery of orders to relevant officials (Registrar of Titles, Registrar of Deeds and Transfers, Minister administering the Mining Act 1978) and requires those officials to register and note the effect of transfer orders and corridor land orders in the appropriate registers and records (ss 28, 41). The Act therefore operates by instructing land and mining registries to give effect to statutory designations and to provide public notice.

Interaction with corporate and securities law

Corporations Act cross‑references. The definitions and control tests used for determining whether a company is “eligible” for standard gauge land disposals incorporate meanings from the Corporations Act 2001 (s 12(10), ss 12(4)-(5)). The Act therefore interacts with Commonwealth corporate law when determining corporate structures and directors’ relationships for eligibility.

Interaction with public works and pipeline regimes

Public Works Act application. Section 42(5) applies Part VI of the Public Works Act 1902 to corridor land “so far as consistent”, with modifications permitted by regulation. That integration brings public works acquisition and process principles into corridor operations where applicable.
Dampier to Bunbury Pipeline corridor. Section 42(3) requires the Authority to consult the DBNGP Land Access Minister before exercising powers regarding land in the DBNGP corridor. The Act also protects pre‑existing rights under the Dampier to Bunbury Pipeline Act 1997 and Energy Coordination Act 1994 (s 9(2)), preserving those specialised pipeline rights and their regulatory settings.

Contract and remedial law

Carve‑outs from contract claims. Section 19 makes explicit that operation of Part 2 is not to be regarded as a breach of contract or other civil wrong, does not permit termination or avoidance of instruments because of ownership change, and does not release sureties. That provision modifies the remedial context for contracting parties and securitised creditors whose rights might otherwise be triggered by assignment or change in beneficial ownership.

Regulatory rule‑making and enforcement

Broad regulation‑making powers. Sections 21 and 59 give wide authority to make regulations necessary or convenient to give effect to agreements and to manage consequences of disposals and corridor management. Section 50 lists specific subjects that regulations may address, including protection of corridor land, entry restrictions, temporary closures, and DBNGP operational and technical matters. Those regulation powers permit fine‑grained interactions with other statutory regimes and allow the Governor to determine enforcement detail, including offences and monetary penalties up to $10,000 under s 50(2).

Administrative law and executive direction

Ministerial directions to the Authority. The Minister may give written guidelines to the Authority (s 33) and may direct the Authority to have functions performed by a ministerially appointed committee and to act according to that committee’s instructions in performing functions under the Act (s 16(5)). Those provisions establish executive control that interacts with administrative law principles governing directions, delegation and procedural fairness.

In sum, the Act interacts selectively with a web of land, planning, public works, corporate and rail regulation regimes. It creates exceptions to land administration and planning requirements for corridor disposals, requires registries to record corridor designation, preserves primacy for safety and access laws, and uses corporate law definitions to determine eligibility. The Act achieves its disposal and corridor management aims by both leveraging and modifying existing statutory frameworks while leaving certain public safety and access regimes intact.

The compilation table and the Act’s notes identify the principal amendments and commencement chronology that materially altered its operation since assent.

Commencement summary

The Act commenced at various dates. Sections 1 and 2 commenced on 8 June 2000; the majority of the Act (other than Pt 5 Divs and named sections) came into operation on 30 June 2000. Part 5 Divs 1 and 6 commenced on 1 July 2000. Specific later commencements occurred for ss 91(1)(a), (b) and s 93 tied to the Railways (Access) Act 1998 (s 2 and compilation table).

Key statutory amendment steps recorded in the compilation table

Railways (Access) Amendment Act 2000 (No. 55 of 2000): Amendment s 13 commenced 28 November 2000. The Act earlier changed the short title referenced to Government Railways (Access) Act 1998, later re‑referred as the Railways (Access) Act 1998 under s 62 of this Act.
Corporations (Consequential Amendments) Act 2001 (No. 10 of 2001): Pt. 46 amended the Act and commenced 15 July 2001. This explains cross‑references to corporate definitions and control tests in s 12.
Public Transport Authority Act 2003 (No. 31 of 2003): Pt. 8 Div. 4 influenced Ministerial directions and the Authority’s administrative arrangements, including insertion of ss 32-33 and amendments to s 16. The amendments commenced 1 July 2003 and led to the Authority being subject to Ministerial guidelines and directions (see ss 16(5), 32, 33).
Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006): Amended s 18 (Auditor‑General disclosure) and other financial provisions; amendments commenced 1 February 2007.
Rail Safety Act 2010 and Standardisation of Formatting Act 2010 (Nos 18 and 19 of 2010): Affected commencement dates and formatting; Rail Safety amendments took effect 1 February 2011 and the formatting act on 11 September 2010.
Statutes (Repeals and Minor Amendments) Act 2011 (No. 47 of 2011): Minor amendments commenced 26 October 2011.
Rail Safety National Law (WA) Act 2015 (No. 21 of 2015): Introduced the Rail Safety National Law (WA) with effect 2 November 2015. Section 9(1) was amended to provide that the Rail Safety National Law (WA) and subsidiary legislation prevail where inconsistent.
Rail Safety National Law Application Act 2024 (No. 7 of 2024): s 58 inserted; the compiled Act reflects commencement 1 October 2024, confirming continued primacy and application of the national law in Western Australia.

Reprints and compilations

The Act has two reprints recorded: Reprint 1 as at 21 January 2005 and Reprint 2 as at 3 February 2012, which incorporate the amendments up to those dates. The compilation table records later amendments up to 2024.

Omitted provisions and reprint notes

The compilation notes that provisions in the Act that amend other Acts have been omitted in the reprint under the Reprints Act 1984 s 7(4)(e). Divisions 1-3 and 5-6 of Part 5 are omitted as shown in the printed text. Specific omitted sections are annotated in the body of the Act (e.g. s 17, ss 97-99).

Substantive content changes

The Authority’s functions, delegation powers, and corridor land management provisions were materially consolidated and clarified by the Public Transport Authority Act 2003 amendments (see ss 16, 32-33, 42), which shifted some administrative relationships and allowed the Minister to give guidelines and to direct the Authority in specified ways.
The Rail Safety interventions and the later insertion of explicit non‑application and primacy language (s 9) reflect legislative response to the national rail safety regime and ensure that safety and access laws maintain precedence over the disposal framework.

Practical implications of amendment history

The amendments show a legislative trajectory from establishing disposal machinery towards integrating that machinery within the broader public transport and national rail safety frameworks. The Authority’s role was broadened and brought into line with the Public Transport Authority statutory architecture. The amendments also tightened procedural and disclosure tools (e.g. Auditor‑General access s 18) and clarified recording obligations.

The compilation table and notes in the Act are the authoritative source for amendments and commencement. Practitioners should consult the reprint date and the compilation table for precise commencement timings when advising on particular disposals or historical transactions.

The Act’s text and compilation table do not list or refer to judicial decisions. The statute as provided contains no internal references to case law nor does the compilation note any litigation. Therefore, there is no litigation history recorded in the source material to cite.

Absent case citations in the Act and compilation, practitioners will need to search case law databases, the Western Australian Law Reports and other legal repositories for any reported decisions applying or interpreting this Act. Where the Act creates novel statutory assignments and records the non‑application of certain contract remedies (s 19), potential litigation issues could arise in practice concerning:

the validity and effect of transfer orders where foreign law or third party rights impede statutory assignment (s 25);
the limits of the carve‑out in s 19 where third parties assert equitable or statutory rights;
the meaning of “involved in providing train services” and corporate control tests for eligibility to hold standard gauge corridor land (s 12);
the application of s 29 and s 39 correction powers and the scope of protections for third parties against retrospective effects (ss 29(3), 39(4)); and
the interplay of this Act with the Rail Safety National Law and Railways (Access) Act 1998 when rights and obligations collide (s 9(1)).

Because the Act contains explicit statements limiting available remedies and conferring assignment by statute, any judicial consideration is likely to focus on statutory interpretation, limits of the Minister’s and Treasurer’s powers, and conflict with non‑divestible third party rights. For authoritative judicial interpretation and precedent, a targeted search of Western Australian decisions post‑2000 is required, noting that the Act itself does not provide a litigation record.

Below are specific provisions and mechanisms in the Act that practitioners and decision‑makers commonly miss but that have concrete legal and commercial consequences.

Transfer orders effect assignment by operation of law, not by contract. Section 24 assigns assets and liabilities at the transfer time automatically, substitutes parties in proceedings and treats documents as if references to the Authority were references to the assignee. Practical consequence: security interests, licences and statutory consents may require administrative steps to align records and might not be automatically altered where governed by foreign law. Section 25 requires the Minister and Authority to take “all practicable steps” where s 24 cannot have full effect, but that is a practical duty rather than an automatic cure for cross‑jurisdictional complexity.
Schedules need not be gazetted but must be available for inspection. Transfer orders and corridor land orders may reference schedules that are not published in the Gazette (ss 23(3), 38). That reduces the public notice that passive Gazette readers receive and places the onus on interested parties to inspect schedules. Registration obligations on relevant officials partially offset this by requiring title entries (ss 28, 41), but reliance on non‑gazetted schedules can create uncertainty for market participants.
Errors may be corrected retrospectively subject to limits. The Minister may correct errors in transfer orders or corridor land orders with effect from the transfer time or the initial order time (ss 29(2), 39(3)). However, retrospective corrections are constrained so they cannot adversely affect rights of private persons existing before publication (ss 29(3), 39(4)). The interplay of retrospective corrections and third party rights requires careful timing and record keeping.
The Act limits contract remedies that might otherwise be triggered by transfer. Section 19 states that the operation of Part 2 is not to be regarded as a breach of contract or other civil wrong and does not give rise to remedies because of ownership change. For lenders, contractors and sureties, this changes enforcement dynamics. Security over assets may need specific contractual protections as the statutory operation of a transfer will not be the basis of termination or release claims.
Authority disposals are limited to leasehold interests, with a 50‑year cap and renewal options counted in the term. Section 12(2) and s 42(1)(a) limit disposal to interests no greater than leasehold and to terms not exceeding 50 years; renewal options count toward that term (s 42(2)). That constraint may limit financing structures, especially long‑term infrastructure financing that relies on very long concessions.
Standard gauge disposals impose corporate separation and confidentiality obligations. Section 12(3) requires eligible companies to be primarily infrastructure providers, not involved in train services, and to have constitutional confidentiality protections. That restricts the buyer pool and may require constitutional amendments, corporate reorganisation, or structural separation for vertically integrated bidders.
Specific infrastructure obligations are embedded in proposals. For certain corridors, a proposal must require improvements to specified axle load, speed and train length standards and ongoing maintenance to those standards (s 12(6)-(8)). Buyers must factor these capital and maintenance commitments into valuation.
Corridor land enjoys rate and tax exemptions. Section 46 exempts corridor land from local government rates and other Treasurer‑specified taxes, but lessees may remain rateable depending on their land use. Local councils may therefore be affected by reduced revenue bases and should watch for changes in lessee classification.
Planning and land administration protections are excluded. Sections 100 and 105 remove parts of the Land Administration Act and Planning and Development Act from applying to corridor land disposals and conveyances, streamlining disposals but removing some procedural protections for third parties and altering acquisition mechanics.
Regulation‑based offences can carry fines up to $10,000. While the Act itself does not criminalise all contraventions, s 50(2) permits regulations to create offences with fines up to $10,000. The content and enforcement of those provisions will depend on subsequent regulations, so practitioners must monitor subordinate instruments.
The Act yields to the Rail Safety National Law (WA) and Railways (Access) Act 1998. Any disposal or operational change that conflicts with safety or access law will be subordinate (s 9(1)). Practitioners must ensure compliance with those regimes, especially for operational safety and access obligations.
DBNGP corridor cross‑consultation. Section 42(3) requires consultation with the DBNGP Land Access Minister before exercising powers over land in the DBNGP corridor. Failure to consult may delay or invalidate actions affecting that corridor.
Auditor‑General disclosure is permitted for disposals. Section 18 allows the Auditor‑General to disclose information otherwise protected under his Act for facilitating disposals. Parties should not assume that audit confidentiality restricts disclosures to procurement participants.
Registrars must note corridor status but the Act does not create a separate real‑property estate. The Act requires officials to make entries to give notice (s 41(4)), but corridor land remains legally defined through orders and recordings rather than by a new land tenure class. That can complicate searches if agencies or registries are slow to record.

These “gotchas” are practical triggers for pre‑transaction due diligence, drafting of acquisition and access documents, structuring of financing, and coordination among ministerial, registry and regulatory bodies.

Practical compliance checklist and steps for the parties most frequently engaged in transactions and management under the Act: Ministers, the Treasurer, the Authority, prospective assignees, registrars, local government and adjacent landowners.

For the Minister and Treasurer

Drafting and approving proposals. Ensure proposals under s 11 contain an unambiguous description of the business and other things to be disposed (s 11(4)). For any land disposal, do not seek Treasurer approval until a corridor land order has been published in the Gazette under Part 3 (s 12(1)).
Corridor designation timing. Before approving disposals of land, publish the corridor land order (ss 34-36, 40). If land is to be designated or cancelled as corridor land, follow the Gazette publication and deliver copies to relevant officials promptly (ss 34, 37, 41(1)).
Transfer orders. When making a transfer order (s 23), specify the transfer time, assets and liabilities, substituted proceedings, and any instruments to have effect as if references to the assignee replace references to the Authority (s 23(1)). If using schedules not published in the Gazette, ensure they are available for public inspection and deliver to relevant officials as required (s 23(3), s 28(1)).
Error correction and notice. Use the correction powers in ss 29 and 39 carefully. Ensure the protective requirements of s 29(3) and s 39(4) are met to avoid prejudicing third parties. Consider pre‑publication consultation with affected parties where corrections may have retrospective effect.
Indemnities and financial provisions. If the State is to provide indemnities or guarantees, use the Treasurer’s power in s 20 and appropriate the Consolidated Account accordingly (s 20(2)). Plan appropriation and budgetary treatment in advance.

For the Authority

Facilitation and implementation. Prepare to perform functions under s 16 and s 43 to facilitate disposals and to fulfil State obligations under s 13 agreements. Draft and be ready to enter access, sharing and joint use agreements to maintain operational continuity (s 16(2)).
Land descriptions and engagement. Provide the Minister with sufficiently detailed descriptions of land to assist proposals (s 35). For land in the DBNGP corridor consult the DBNGP Land Access Minister in advance of exercising powers (s 42(3)).
Disposal drafting and constraints. When disposing of corridor land or assets, ensure that leasehold interests do not exceed 50 years (s 42(1)(a), s 42(2)). Build renewal options into the term calculation and draft lease provisions accordingly.
Consent, construction and use approvals. Establish robust consent procedures under s 47 and s 48. Include removal rights for non‑compliant construction (s 47(2)) and craft approval standards that permit refusal where future right interference is material (s 48(2)-(3)).
Entry and emergency protocols. Ensure authorised persons are trained in the notice, warrant and emergency entry regimes under ss 53-57; keep forms and procedures ready for notices under s 54 and warrants under s 55.

For prospective assignees and purchasers

Eligibility checks for standard gauge. For standard gauge corridor land acquisitions, confirm that the company is an “eligible company” under s 12(3). That requires main business to be provision and maintenance of railway facilities, not being involved in providing train services, and constitutional confidentiality provisions. If necessary, amend constitutions or restructure corporate groups to meet the tests in s 12(4)-(5).
Document delivery and records access. Coordinate with the Authority to obtain all records and registers required by s 27 and ensure access arrangements are formalised prior to the transfer time.
Regulatory obligations and improvements. For purchases in the corridors subject to performance standards (s 12(6)-(8)), incorporate obligations for capital improvements and maintenance into acquisition models and price adjustments. Plan for financing and construction schedules consistent with the 2‑year improvement windows and ongoing maintenance duties.
Security and contract continuity. Recognise that s 19 precludes claims for breach arising solely from statutory assignment. For lenders and counterparties, obtain contractual protections and specific security language to preserve remedies and assignment consents outside the operation of the Act.

For registrars and relevant officials

Receipt and recording. Be prepared to receive copies of transfer orders and corridor land orders (ss 28(1), 41(1)). Update title registers, maps and plans and make the entry or endorsement to alert searchers (s 41(4)). Request additional information from the Minister when necessary (s 41(2)).
Inspection and schedule handling. Make arrangements for public inspection of schedules that are not gazetted (s 23(3), s 38). Ensure procedural rules for inspection are clear and accessible.

For local government and rate authorities

Rate exemptions. Review local rating practices to account for corridor land exemption under s 46. Where a lessee is rateable under the Local Government Act for uses other than facilitating rail freight, ensure billing occurs as permitted by s 46(3).

For adjacent landowners and users

Approval and restriction awareness. Before undertaking works that may affect corridor land, seek the Authority’s written approval where s 48 and s 47 require it. Be aware that the Authority may refuse approvals if the proposed use would materially interfere with future rights (s 48(3)).

Regulation monitoring and compliance

Track regulations. The Act gives broad regulation‑making powers under ss 21 and 59 and specific subjects under s 50. Monitor the Gazette and secondary instruments for regulations that prescribe offences, operational rules in the DBNGP corridor, and other compliance obligations.

Records, governance and procedural safeguards

Document governance. For Minister, Authority and assignee, maintain a clear paper and digital trail of all transfer orders, schedules, agreements, approvals and notices. Section 27 places express obligations to make arrangements for delivery or sharing of records; implement secure transfer and access control mechanisms.
Stakeholder engagement. Engage early with the DBNGP Land Access Minister when relevant (s 42(3)), with safety and access regulators given primacy (s 9(1)), and with registrars to ensure timely recordation.

Contingency planning

Cross‑jurisdictional and foreign law issues. Where assets are governed by foreign law or involve third‑party rights not fully addressed by s 24, follow s 25’s duty to take “all practicable steps” to secure the intended effect post‑transfer time. Plan transactional steps to obtain consents, waivers or novations where statutory assignment will not suffice.
Dispute mitigation. Given s 19’s limitations on remedies that otherwise might follow transfers, include dispute resolution and indemnity provisions in sale and lease documentation to allocate residual risk and address third‑party claims.

Following these steps aligns transactions and operational activity with the Act’s procedural mechanics, while ensuring that regulatory, safety and registry obligations are satisfied.

Deep Dive

What it does

Current sections