QLDIn ForceAct
South Bank Corporation Act 1989
sec.38Continuance of railway operations
Start here
Get a plain-English read of sec.38
Turn the raw legal text into a practical explanation grounded in South Bank Corporation Act 1989.
### sec.38 Continuance of railway operations
The approved development plan must provide for the following—
the as of right use of land owned by a rail government entity within the corporation area, by a railway manager or railway operator for conducting railway operations for the carriage of passengers or goods on the land;
reasonable access to land used for conducting railway operations by—
the railway manager or railway operator conducting the operations; or
employees of the railway manager or railway operator conducting the operations; or
employees of the Authority under the Queensland Rail Transit Authority Act 2013 ; or
members of the public wishing to use the railway to which the operations relate.
In this section—
railway manager , for railway operations conducted on land owned by a rail government entity, means a railway manager (within the meaning of the Transport Infrastructure Act 1994 ) for a railway on the land, who has an agreement with the rail government entity to access the land for conducting railway operations relating to the railway.
railway operator , for railway operations conducted on land owned by a rail government entity, means a railway operator (within the meaning of the Transport Infrastructure Act 1994 ) for a railway on the land, who has an agreement with the railway manager for the railway operations to use the railway for railway operations.
s 38 (prev s 30) reloc and renum 2003 No. 24 s 20 (2)
sub 2008 No. 67 s 131
amd 2010 No. 19 s 62 ; 2013 No. 19 s 120 sch 1
(sec.38-ssec.1) The approved development plan must provide for the following— the as of right use of land owned by a rail government entity within the corporation area, by a railway manager or railway operator for conducting railway operations for the carriage of passengers or goods on the land; reasonable access to land used for conducting railway operations by— the railway manager or railway operator conducting the operations; or employees of the railway manager or railway operator conducting the operations; or employees of the Authority under the Queensland Rail Transit Authority Act 2013 ; or members of the public wishing to use the railway to which the operations relate.
(sec.38-ssec.2) In this section— railway manager , for railway operations conducted on land owned by a rail government entity, means a railway manager (within the meaning of the Transport Infrastructure Act 1994 ) for a railway on the land, who has an agreement with the rail government entity to access the land for conducting railway operations relating to the railway. railway operator , for railway operations conducted on land owned by a rail government entity, means a railway operator (within the meaning of the Transport Infrastructure Act 1994 ) for a railway on the land, who has an agreement with the railway manager for the railway operations to use the railway for railway operations.
- (a) the as of right use of land owned by a rail government entity within the corporation area, by a railway manager or railway operator for conducting railway operations for the carriage of passengers or goods on the land;
- (b) reasonable access to land used for conducting railway operations by— (i) the railway manager or railway operator conducting the operations; or (ii) employees of the railway manager or railway operator conducting the operations; or (iii) employees of the Authority under the Queensland Rail Transit Authority Act 2013 ; or (iv) members of the public wishing to use the railway to which the operations relate.
- (i) the railway manager or railway operator conducting the operations; or
- (ii) employees of the railway manager or railway operator conducting the operations; or
- (iii) employees of the Authority under the Queensland Rail Transit Authority Act 2013 ; or
- (iv) members of the public wishing to use the railway to which the operations relate.
- (i) the railway manager or railway operator conducting the operations; or
- (ii) employees of the railway manager or railway operator conducting the operations; or
- (iii) employees of the Authority under the Queensland Rail Transit Authority Act 2013 ; or
- (iv) members of the public wishing to use the railway to which the operations relate.