sec.35Closing railway crossings

### sec.35 Closing railway crossings A railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— the safety of the railway; or the public using it or who may use it. If the manager decides to close or regulate a crossing, the manager must, as soon as practicable after its closure or regulation— notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and if there is a relevant person for the crossing— notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and notify the relevant person that the person may apply under section 60 for an internal review of the decision; and give the relevant person written reasons for the decision. A relevant person for the crossing may, by written notice given to the railway manager, claim compensation for loss or damage directly suffered by the relevant person and arising from the closure or regulation of the crossing. The notice under subsection (3) must be given— within 1 year after the closure or regulation ends; or at a later time allowed by the Coordinator-General. The amount of compensation for the loss or damage is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed. In this section— relevant person , for a railway crossing, means— a grantee of an easement for the railway crossing; or a grantee of a licence to use the railway crossing. (sec.35-ssec.1) A railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— the safety of the railway; or the public using it or who may use it. (sec.35-ssec.2) If the manager decides to close or regulate a crossing, the manager must, as soon as practicable after its closure or regulation— notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and if there is a relevant person for the crossing— notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and notify the relevant person that the person may apply under section 60 for an internal review of the decision; and give the relevant person written reasons for the decision. (sec.35-ssec.3) A relevant person for the crossing may, by written notice given to the railway manager, claim compensation for loss or damage directly suffered by the relevant person and arising from the closure or regulation of the crossing. (sec.35-ssec.4) The notice under subsection (3) must be given— within 1 year after the closure or regulation ends; or at a later time allowed by the Coordinator-General. (sec.35-ssec.5) The amount of compensation for the loss or damage is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed. (sec.35-ssec.6) In this section— relevant person , for a railway crossing, means— a grantee of an easement for the railway crossing; or a grantee of a licence to use the railway crossing. - (a) the safety of the railway; or - (b) the public using it or who may use it. - (a) notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and - (b) if there is a relevant person for the crossing— (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and (iii) give the relevant person written reasons for the decision. - (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and - (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and - (iii) give the relevant person written reasons for the decision. - (i) notify the relevant person of its closure or regulation, unless the relevant person has agreed that notification is unnecessary; and - (ii) notify the relevant person that the person may apply under section 60 for an internal review of the decision; and - (iii) give the relevant person written reasons for the decision. - (a) within 1 year after the closure or regulation ends; or - (b) at a later time allowed by the Coordinator-General. - (a) the amount agreed between the parties; or - (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed. - (a) a grantee of an easement for the railway crossing; or - (b) a grantee of a licence to use the railway crossing.