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Surat Basin Rail (Infrastructure Development and Management) Act 2012
sec.50Interfering with railway
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### sec.50 Interfering with railway
A person in or on the Surat Basin rail corridor land must not interfere with the railway unless—
the person has the written approval of a relevant person under this section; or
the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or
the interference is otherwise approved, authorised or permitted under this Act or another Act.
Maximum penalty—160 penalty units.
A person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1) (a) , (b) or (c) applies to the person.
Maximum penalty—80 penalty units.
An approval may be subject to a reasonable condition.
The person must comply with the condition.
Maximum penalty—40 penalty units.
Subsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway.
If a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision.
If the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision.
If a railway manager gives an approval under this section, the railway manager must give the Coordinator-General written notice of the approval.
The notice must include details of the works or other thing to which the approval relates.
An approval given by a railway manager under this section is of no effect to the extent the approval—
is inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or
is for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or
is for works or another thing for which the Coordinator-General has refused to give an approval under this section.
This section binds all persons, including the State.
In this section—
interfere with , the railway, means—
carry out works in or on the Surat Basin rail corridor land; or
carry out works in or on a railway crossing or watercourse crossing; or
otherwise interfere with the railway or its operation.
relevant person means—
a railway manager; or
if there is no railway manager—the Coordinator-General.
watercourse crossing see section 43 (7) .
s 50 amd 2017 No. 4 s 145 sch 1
(sec.50-ssec.1) A person in or on the Surat Basin rail corridor land must not interfere with the railway unless— the person has the written approval of a relevant person under this section; or the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or the interference is otherwise approved, authorised or permitted under this Act or another Act. Maximum penalty—160 penalty units.
(sec.50-ssec.2) A person in or on the Surat Basin rail corridor land must not attempt to interfere with the railway unless subsection (1) (a) , (b) or (c) applies to the person. Maximum penalty—80 penalty units.
(sec.50-ssec.3) An approval may be subject to a reasonable condition.
(sec.50-ssec.4) The person must comply with the condition. Maximum penalty—40 penalty units.
(sec.50-ssec.5) Subsections (1) and (2) do not apply to a person who carries out urgent maintenance of the railway.
(sec.50-ssec.6) If a relevant person decides to refuse to give an approval or gives an approval subject to a condition, the relevant person must give the person a notice stating the reasons for the decision.
(sec.50-ssec.7) If the relevant person is a railway manager, the notice must also state that the person may apply under section 60 for an internal review of the decision.
(sec.50-ssec.8) If a railway manager gives an approval under this section, the railway manager must give the Coordinator-General written notice of the approval.
(sec.50-ssec.9) The notice must include details of the works or other thing to which the approval relates.
(sec.50-ssec.10) An approval given by a railway manager under this section is of no effect to the extent the approval— is inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or is for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or is for works or another thing for which the Coordinator-General has refused to give an approval under this section.
(sec.50-ssec.11) This section binds all persons, including the State.
(sec.50-ssec.12) In this section— interfere with , the railway, means— carry out works in or on the Surat Basin rail corridor land; or carry out works in or on a railway crossing or watercourse crossing; or otherwise interfere with the railway or its operation. relevant person means— a railway manager; or if there is no railway manager—the Coordinator-General. watercourse crossing see section 43 (7) .
- (a) the person has the written approval of a relevant person under this section; or
- (b) the interference is permitted or authorised under section 44 or under a right of access under section 33 or the Rail Safety National Law (Queensland) ; or
- (c) the interference is otherwise approved, authorised or permitted under this Act or another Act.
- (a) is inconsistent with an approval given by the Coordinator-General under this section or section 44 ; or
- (b) is for works for which the Coordinator-General has given a direction under section 45 (2) or a notice under section 45 (4) ; or
- (c) is for works or another thing for which the Coordinator-General has refused to give an approval under this section.
- (a) carry out works in or on the Surat Basin rail corridor land; or
- (b) carry out works in or on a railway crossing or watercourse crossing; or
- (c) otherwise interfere with the railway or its operation.
- (a) a railway manager; or
- (b) if there is no railway manager—the Coordinator-General.