38EDeclaration of rail transport services

38E Declaration of rail transport services

(1) The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may declare a rail transport service to be a declared rail transport service for the purposes of this Part until the date (if any) for the expiry of the declaration specified in the Order.

(2) An Order under subsection (1) must specify whether a rail transport service is a declared rail transport service in respect of passenger services, freight services or other transport services.

(3) An Order under subsection (1) may—

(a) specify that a rail transport service is a declared rail transport service in respect of a person named in the Order;

(b) declare a rail transport service as a declared rail transport service by reference to—

(i) the person who owns or operates the rail infrastructure used to provide the rail transport service; or

(ii) the location of the rail infrastructure used to provide the rail transport service; or

(iii) the type of rail infrastructure used to provide the rail transport service.

(4) The Minister may only make a recommendation under subsection (1) if the Minister is satisfied that it is necessary to do so in the interests of competition or economic efficiency.

S. 38F substituted by No. 68/2017 s. 88.