100Transfer and disposal of rail infrastructure

### 100 Transfer and disposal of rail infrastructure > > (1)  The Minister, by notice, may transfer to the Crown any rail infrastructure that is situated on a corridor. > > > (2)  The Minister may dispose of any rail infrastructure that is owned by the Crown, including rail infrastructure transferred to the Crown under [subsection (1)](#GS100@Gs1@EN) . > > > (3)  The Minister may only dispose of rail infrastructure under [subsection (2)](#GS100@Gs2@EN) if he or she has given notice, published in 2 newspapers circulating generally in Tasmania – > > > > > > (a) specifying his or her intention to dispose of the rail infrastructure; and > > > > > > > (b) inviting any person interested in using the rail infrastructure for the purposes of the operation in Tasmania of a railway to apply, within 4 weeks of the date on which the notice is published under this subsection, to have the Minister dispose of the rail infrastructure to the person. > > > (4)  If – > > > > > > (a) a person applies to the Minister in accordance with [subsection (3)(b)](#GS100@Gs3@Hpb@EN) ; and > > > > > > > (b) the Minister is satisfied that the person – > > > > > > > > > > (i) is interested in using the rail infrastructure for the purposes of the operation in Tasmania of a railway; and > > > > > > > > > > > (ii) will remove the rail infrastructure from a corridor within 6 months of the rail infrastructure being disposed of to the person – > > > > the Minister must dispose of the rail infrastructure to that person. > > > (5)  If [subsection (4)](#GS100@Gs4@EN) applies to more than one person who applies to the Minister under [subsection (3)(b)](#GS100@Gs3@Hpb@EN) , the Minister may choose to dispose of the rail infrastructure to one of those persons who applies under [subsection (3)(b)](#GS100@Gs3@Hpb@EN) and satisfies the requirements of [subsection (4)](#GS100@Gs4@EN) . > > > (6)  If, within 6 months of rail infrastructure being disposed of to a person in accordance with [subsection (4)](#GS100@Gs4@EN) , the person has not removed the rail infrastructure from a corridor – > > > > > > (a) the disposal of the rail infrastructure to that person is of no effect; and > > > > > > > (b) the Minister may dispose of the rail infrastructure as he or she thinks fit.