sec.33Extending roads through or over Surat Basin rail corridor land

### sec.33 Extending roads through or over Surat Basin rail corridor land A local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of— a bridge or other structure over a part of the railway; or a bridge or other structure that allows the road to pass under a part of the railway; or a crossing at the same level as a part of the railway. a level crossing The Coordinator-General must consider the application and may decide to— grant the approval, with or without conditions; or refuse to grant the approval. Without limiting subsection (2) , a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land. A condition may provide that the length of a bridge over the railway be long enough to allow for an additional track to be laid in the future. Before deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. The Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application. If the approval is granted— the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation. Once the road is used, it is taken to be— a road under the local government’s control; and a road under any Act about the use of vehicles on a road. Unless the Coordinator-General and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge, structure or crossing; and if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land. (sec.33-ssec.1) A local government must apply to the Coordinator-General to obtain the Coordinator-General’s written approval to construct, maintain and operate a road on the Surat Basin rail corridor land by way of— a bridge or other structure over a part of the railway; or a bridge or other structure that allows the road to pass under a part of the railway; or a crossing at the same level as a part of the railway. a level crossing (sec.33-ssec.2) The Coordinator-General must consider the application and may decide to— grant the approval, with or without conditions; or refuse to grant the approval. (sec.33-ssec.3) Without limiting subsection (2) , a condition of the approval may provide for the future expansion or realignment of the railway on the Surat Basin rail corridor land. A condition may provide that the length of a bridge over the railway be long enough to allow for an additional track to be laid in the future. (sec.33-ssec.4) Before deciding the application, the Coordinator-General must consult with a railway manager and the railway licensee or railway lessee. (sec.33-ssec.5) The Coordinator-General must give the local government written notice of the Coordinator-General’s decision on the application. (sec.33-ssec.6) If the approval is granted— the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation. (sec.33-ssec.7) Once the road is used, it is taken to be— a road under the local government’s control; and a road under any Act about the use of vehicles on a road. (sec.33-ssec.8) Unless the Coordinator-General and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge, structure or crossing; and if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land. - (a) a bridge or other structure over a part of the railway; or - (b) a bridge or other structure that allows the road to pass under a part of the railway; or - (c) a crossing at the same level as a part of the railway. Example for paragraph (c) — a level crossing - (a) grant the approval, with or without conditions; or - (b) refuse to grant the approval. - (a) the Coordinator-General must immediately give a copy of the approval to the registrar of titles; and - (b) the registrar of titles must record the approval in the freehold land register for the Surat Basin rail corridor land; and - (c) a railway manager, the railway licensee and railway lessee may continue to use the land under the approval other than any land excluded by a condition of the approval; and - (d) the Coordinator-General, a railway manager, the railway licensee and railway lessee and their agents or employees do not have any duty or liability for the road or its use or operation. - (a) a road under the local government’s control; and - (b) a road under any Act about the use of vehicles on a road. - (a) the local government is responsible for maintaining the road and the bridge, structure or crossing; and - (b) if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the part of the railway on the land.