98

98 Corridor may be leased for purposes of tourist or heritage rail

(1)  Without limiting the generality of section 21(1)(c) , a lease in relation to a corridor may be granted in accordance with that section for the purposes of the operation of a tourist or heritage railway on the corridor.

(2)  If a lease referred to in subsection (1) is granted to a person, the person –

(a) may operate, in accordance with the lease and any other directions of the Minister, a tourist or heritage railway on the corridor to which the lease relates and on any public road, that extends between parts of the corridor, on which railway track is situated; and

(b) has any incidental and ancillary powers as may be necessary or convenient to enable the operation of such a railway under that lease; and

(c) must, at his or her cost, maintain any rail infrastructure that is –

(i) situated on a public road that extends between parts of the corridor; and

(ii) used for the operation of the railway; and

(d) must, at his or her cost, maintain, to the requisite standard, within the meaning of section 80 , the road surface and, if applicable, the footpath surface, that is or are situated –

(i) between any railway tracks that are situated on the public road; or

(ii) on either side, to a distance of 0.6 metres, of the outermost railway tracks that are situated on the public road.

(3)  If a lease referred to in subsection (1) is granted in relation to a corridor, the responsible road authority, within the meaning of section 80 , in relation to any public road –

(a) that extends between parts of the corridor; and

(b) that is a public road on which is situated railway track used for the purposes of the operation of a railway under the lease –

must, at its cost, maintain, to within 0.6 metres of the outermost rails of the railway track, the road infrastructure that is situated on either side of the railway track.

(4)  If a lease referred to in subsection (1) is granted in relation to a corridor, a reference in section 81 to a right to enter, and to a right to exit, includes a reference to a right for a train operating under the lease to enter, and to exit, the public road on railway tracks that are situated on the public road.

(5)  If a lease referred to in subsection (1) is in effect in relation to a corridor, a reference in this Act to the corridor safety and use objectives is to be taken to include, in relation to the corridor, a reference to the use of the corridor for the purposes of the operation of such a railway.

(6)  Without limiting the generality of subsection (2)(c) , a reference in that subsection to maintaining rail infrastructure includes a reference to –

(a) replacing any rail infrastructure; and

(b) installing rail infrastructure at any place where rail infrastructure had previously been situated.