64Level crossings

64 Level crossings

(1) Despite anything to the contrary in any other Act or law, a person to which this section applies—

S. 64(1)(a) amended by Nos 54/2001 s. 32, 61/2011 s. 25(Sch. 1 item 8.12), 3/2017 s. 50(Sch. 1 item 6.8), 49/2019 s. 186(Sch. 4 item 35.20(a)).

(a) may use level crossings connecting parts of the rail infrastructure or tram infrastructure to which an agreement, lease or licence relating to, or connected with, a service provided by that person applies (being an agreement, lease or licence between that person and Rail Track or that person and the Head, Transport for Victoria or that person and the Crown) subject to and in accordance with that agreement, lease or licence; and

(b) may close the level crossing to road traffic while the railway track or tramway track is in use, subject to and in accordance with that agreement, lease or licence.

S. 64(2)(a) repealed by No. 63/1999 s. 9(3)(j).

S. 64(2)(b) repealed by No. 63/1999 s. 7(3)(c).

S. 64(2)(d) amended by No. 63/1999 ss 3(3)(d), 4(3)(d), repealed by No. 63/1999 s. 9(3)(k), new s. 64(2)(d) inserted by No. 34/2003 s. 15(b), substituted by No. 6/2010 s. 200(3)
(Sch. 4 item 4.3) (as amended by No. 45/2010 s. 19).

S. 64(2)(e) amended by No. 63/1999 ss 5(3)(d), 6(3)(d), repealed by No. 63/1999 s. 9(3)(l).

(h) a person specified in an Order under subsection (3), subject to any terms and conditions specified in that Order;

S. 64(2)(i) amended by Nos 63/1999 ss 7(3)(d), 9(3)(m)–(o), 34/2003 s. 15(c).

(i) a person authorised, in accordance with the agreement, lease or licence referred to in subsection (1), by a person referred to in paragraph (c), (d), (f), (g) or (h) to exercise a power conferred on the authorising person by this section, subject to any terms and conditions specified in the authorisation.

(3) The Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, to a person specified in the Order that—

S. 64(3)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 8.13), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.20(b)).

(a) is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that person of a passenger service; or

S. 64(3)(b) amended by Nos 30/2000 s. 39(6), 61/2011 s. 25(Sch. 1 item 8.14), 3/2017 s. 50(Sch. 1 item 6.6), 49/2019 s. 186(Sch. 4 item 35.20(c)).

(b) is a party to a lease with Rail Track or the Secretary or the Head, Transport for Victoria in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown.