Div 2*Railways (Access) Code 2000*

Division 2 — *Railways (Access) Code 2000* 10. *Railways (Access) Code 2000* amended 6 11. Section 3 amended 6 12. Section 53 inserted 7 53. Further transitional provision 7 13. Schedule 1 amended 7 TPI Railway and Port Agreement Route 7 14. Schedule 4 amended 7 Schedule 1 — Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Schedule 2 — 2010 variation agreement Schedule 3 — 2018 variation agreement Notes Compilation table 101 Defined terms An Act — • to ratify, and authorise the implementation of, an agreement between the State and The Pilbara Infrastructure Pty Ltd and Fortescue Metals Group Ltd relating to the development of a multi‑user railway and multi‑user port facilities in the Pilbara region of the State; • to amend the *Railways (Access) Act 1998* and the *Railways (Access) Code 2000*, and for incidental and other purposes. The Parliament of Western Australia enacts as follows: ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004*. ##### 2. Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent. (2) Part 3 comes into operation on a day fixed by proclamation. ## Part 2 — General provisions about the Agreement ##### 3. Terms used In this Part — 2010 variation agreement means the agreement a copy of which is set out in Schedule 2; 2018 variation agreement means the agreement a copy of which is set out in Schedule 3; Agreement means the scheduled agreement — (a) as varied from time to time in accordance with its terms; and (b) as varied by the 2010 variation agreement; and (c) as varied by the 2018 variation agreement. scheduled agreement means the agreement of which a copy is set out in Schedule 1; [Section 3 amended: No. 60 of 2010 s. 4; No. 6 of 2018 s. 4.] ##### 4. Ratification and authorisation (1) The scheduled agreement is ratified. (2A) The 2010 variation agreement is ratified. (2B) The 2018 variation agreement is ratified. (2) The implementation of the Agreement is authorised. [Section 4 amended: No. 60 of 2010 s. 5; No. 6 of 2018 s. 5.] ##### 5. State empowered under clause 23 The State has power in accordance with clause 23 of the Agreement. ##### 6. Effect on other laws (1) The Agreement operates and takes effect despite any enactment or other law. (2) If a provision of the scheduled agreement, the 2010 variation agreement or the 2018 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect. (3) To avoid doubt, it is declared that the provisions of the *Public Works Act 1902* section 96 do not apply to the railway constructed pursuant to the Agreement. (4) This section does not limit or otherwise affect the application of the *Government Agreements Act 1979*. [Section 6 amended: No. 60 of 2010 s. 6; No. 6 of 2018 s. 6.] ##### 7A. Validation of certain licences (1) The Special Railway Licence (SRL) granted or purportedly granted pursuant to the Agreement clause 14(1)(a) before the commencement of the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Amendment Act 2010* section 7 is, and is taken always to have been, as valid as the SRL would have been if consent from each title holder in respect of the land affected by the SRL had been obtained as required by the Agreement clause 7(3). (2) Each Lateral Access Road Licence (LARL) granted or purportedly granted pursuant to the Agreement clause 14(1)(b) before the commencement of the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Amendment Act 2010* section 7 is, and is taken always to have been, as valid as the LARL would have been if consent from each title holder in respect of the land affected by the LARL had been obtained as required by the Agreement clause 7(3). [Section 7A inserted: No. 60 of 2010 s. 7.] ## Part 3 — Provisions about access to the railway constructed under the Agreement ### Division 1 — Amendment of the *Railways (Access) Act 1998* ##### 7. *Railways (Access) Act 1998* amended The amendments in this Division are to the *Railways (Access) Act 1998**. [* *Reprinted as at 12 October 2001.* *For subsequent amendments see Western Australian Legislation Information Tables for 2003, Table 1,* *p. 323*.] ##### 8. Section 3 amended Section 3(1) is amended as follows: (a) by inserting in the appropriate alphabetical position — “ TPI Railway and Port Agreement has the meaning given to the term “the Agreement” in the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004* section 3. ”; (b) in the definition of “railways network” by deleting “and” after paragraph (b) and inserting — “ (ba) the railway constructed pursuant to the TPI Railway and Port Agreement; and ”. ##### 9. Section 11B inserted After section 11A the following section is inserted — “ 11B. Exception to sections 10 to 11A (1) Sections 10 to 11A do not apply if, in making an amendment to the Code, the Minister states that the amendment is made under this section for the purpose of the application of the Code to the railway constructed pursuant to the TPI Railway and Port Agreement. (2) Subsection (1) does not apply to an amendment made after the expiration of the period of 3 years after the day of the coming into operation of the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004* section 13. ”. ### Division 2 — *Railways (Access) Code 2000* ##### 10. *Railways (Access) Code 2000* amended The amendments in this Division are to the *Railways (Access) Code 2000**. [* *Published in Gazette 8 September 2000, p. 5123-81.* *For subsequent amendments see Gazette 23 July 2004*.] ##### 11. Section 3 amended Section 3 is amended as follows: (a) by inserting in the appropriate alphabetical position — “ TPI Railway and Port Agreement has the meaning given to the term “the Agreement” in the *Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004* section 3. ”; (b) in the definition of “railways network” by deleting “and” after paragraph (b) and inserting — “ (ba) the railway constructed pursuant to the TPI Railway and Port Agreement; and ”. ##### 12. Section 53 inserted After section 52 the following section is inserted — “ 53. Further transitional provision Until the Regulator publishes in the *Gazette* notice of a determination under subparagraph (ia) of clause 3(1)(a) of Schedule 4, the weighted average cost of capital for the railway infrastructure referred to in that subparagraph is such percentage as the Regulator fixes by notice published in the *Gazette* under this section. ”. ##### 13. Schedule 1 amended After Schedule 1 item 51 the following heading and item are inserted — “ TPI Railway and Port Agreement Route 52. All tracks that are part of the railway constructed pursuant to the TPI Railway and Port Agreement. ”. ##### 14. Schedule 4 amended