sec.43Common areas for non-tidal boundary watercourses

### sec.43 Common areas for non-tidal boundary watercourses This section applies if the route of the Surat Basin rail corridor land— is interrupted by a non-tidal boundary watercourse; and continues on the other side of the non-tidal boundary watercourse. The Minister may, by gazette notice, declare the part of the non-tidal boundary watercourse where it interrupts the Surat Basin rail corridor land to be a common area ( common area ) for the non-tidal boundary watercourse and the Surat Basin rail corridor land. If the Minister declares a common area— the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— survey and resurvey a watercourse crossing; and construct, augment, improve, maintain, operate and replace a watercourse crossing; and name and number a watercourse crossing; and the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease. After a common area is declared— the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land. If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing rail transport infrastructure from the common area and restoring the non-tidal boundary watercourse, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree. A declaration under this section does not remove or diminish any existing right the State or a person may have in relation to a non-tidal boundary watercourse in the common area including the rights of an owner or occupier of land adjoining the Surat Basin rail corridor land mentioned in the Land Act 1994 , section 13A . In this section— non-tidal boundary watercourse means land that is the property of the State under the Land Act 1994 , section 13A (1) or (2) . watercourse crossing means rail transport infrastructure that is, or is proposed to be, situated over, under, on or in a non-tidal boundary watercourse. (sec.43-ssec.1) This section applies if the route of the Surat Basin rail corridor land— is interrupted by a non-tidal boundary watercourse; and continues on the other side of the non-tidal boundary watercourse. (sec.43-ssec.2) The Minister may, by gazette notice, declare the part of the non-tidal boundary watercourse where it interrupts the Surat Basin rail corridor land to be a common area ( common area ) for the non-tidal boundary watercourse and the Surat Basin rail corridor land. (sec.43-ssec.3) If the Minister declares a common area— the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— survey and resurvey a watercourse crossing; and construct, augment, improve, maintain, operate and replace a watercourse crossing; and name and number a watercourse crossing; and the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease. (sec.43-ssec.4) After a common area is declared— the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land. (sec.43-ssec.5) If the railway on a common area is not used, or stops being used, the railway lessee or railway licensee is liable for the cost of removing rail transport infrastructure from the common area and restoring the non-tidal boundary watercourse, unless the Coordinator-General and the railway lessee or railway licensee otherwise agree. (sec.43-ssec.6) A declaration under this section does not remove or diminish any existing right the State or a person may have in relation to a non-tidal boundary watercourse in the common area including the rights of an owner or occupier of land adjoining the Surat Basin rail corridor land mentioned in the Land Act 1994 , section 13A . (sec.43-ssec.7) In this section— non-tidal boundary watercourse means land that is the property of the State under the Land Act 1994 , section 13A (1) or (2) . watercourse crossing means rail transport infrastructure that is, or is proposed to be, situated over, under, on or in a non-tidal boundary watercourse. - (a) is interrupted by a non-tidal boundary watercourse; and - (b) continues on the other side of the non-tidal boundary watercourse. - (a) the Coordinator-General, a railway manager, or a person authorised by the Coordinator-General under this section, may in the common area— (i) survey and resurvey a watercourse crossing; and (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and (iii) name and number a watercourse crossing; and - (i) survey and resurvey a watercourse crossing; and - (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and - (iii) name and number a watercourse crossing; and - (b) the railway licensee may use and occupy the common area for the period that it holds the railway licence in a way consistent with the railway licence; and - (c) the railway lessee may use and occupy the common area for the period that it holds the railway lease in a way consistent with the railway lease. - (i) survey and resurvey a watercourse crossing; and - (ii) construct, augment, improve, maintain, operate and replace a watercourse crossing; and - (iii) name and number a watercourse crossing; and - (a) the Coordinator-General must give a copy of the gazette notice to the registrar of titles promptly after the gazette notice is published; and - (b) the registrar of titles must record the declaration in the appropriate register for the Surat Basin rail corridor land.