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Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016
98Corridor may be leased for purposes of tourist or heritage rail
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### 98 Corridor may be leased for purposes of tourist or heritage rail
> > (1) Without limiting the generality of [section 21(1)(c)](#GS21@Gs1@Hpc@EN) , 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.
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> > (2) If a lease referred to in [subsection (1)](#GS98@Gs1@EN) is granted to a person, the person –
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> > > > (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
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> > > > (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
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> > > > (c) must, at his or her cost, maintain any rail infrastructure that is –
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> > > > > > (i) situated on a public road that extends between parts of the corridor; and
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> > > > > > (ii) used for the operation of the railway; and
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> > > > (d) must, at his or her cost, maintain, to the requisite standard, within the meaning of [section 80](#GS80@EN) , the road surface and, if applicable, the footpath surface, that is or are situated –
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> > > > > > (i) between any railway tracks that are situated on the public road; or
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> > > > > > (ii) on either side, to a distance of 0.6 metres, of the outermost railway tracks that are situated on the public road.
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> > (3) If a lease referred to in [subsection (1)](#GS98@Gs1@EN) is granted in relation to a corridor, the responsible road authority, within the meaning of [section 80](#GS80@EN) , in relation to any public road –
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> > > > (a) that extends between parts of the corridor; and
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> > > > (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 –
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> > 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.
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> > (4) If a lease referred to in [subsection (1)](#GS98@Gs1@EN) is granted in relation to a corridor, a reference in [section 81](#GS81@EN) 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.
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> > (5) If a lease referred to in [subsection (1)](#GS98@Gs1@EN) 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.
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> > (6) Without limiting the generality of [subsection (2)(c)](#GS98@Gs2@Hpc@EN) , a reference in that subsection to maintaining rail infrastructure includes a reference to –
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> > > > (a) replacing any rail infrastructure; and
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> > > > (b) installing rail infrastructure at any place where rail infrastructure had previously been situated.