2CChanges in ownership of rail infrastructure facilities arising from changes to areas

#### 2C Changes in ownership of rail infrastructure facilities arising from changes to areas 2C Changes in ownership of rail infrastructure facilities arising from changes to areas > > (1) If, as a result of a replacement or an alteration of the metropolitan rail area map under section 3A, rail infrastructure facilities are transferred from the metropolitan rail area to the country rail area or from the country rail area to the metropolitan rail area— > > > > > (a) the rail infrastructure facilities (and any associated assets, rights and liabilities) vest in the owner of rail infrastructure facilities in the area to which the rail infrastructure facilities are transferred (the new owner) on the day the notice is published in the Gazette under that section, or on such later day as may be specified in the notice (the transfer day), and > > > > > (b) all proceedings relating to the rail infrastructure facilities (and any associated assets, rights and liabilities) commenced before the transfer day by or against the original owner or a predecessor of the original owner and pending immediately before the transfer day are taken to be proceedings pending by or against the new owner, and > > > > > (c) any act, matter or thing done or omitted to be done in relation to the rail infrastructure facilities (and any associated assets, rights and liabilities) before the transfer day by, to or in respect of the original owner is (to the extent that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new owner, and > > > > > (d) a reference in any Act, in any instrument made under any Act or in any instrument of any kind to the original owner is (to the extent that it relates to the rail infrastructure facilities), but subject to the regulations, to be read as or including a reference to the new owner. > > > (2) The Minister may, by order in writing, declare that a specified right, asset or liability is not vested in the new owner by the operation of this clause. > > > (3) The operation of section 3A(2) and this clause is not to be regarded— > > > > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or > > > > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the rail infrastructure facilities, or > > > > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any rights or liabilities of the original owner. > > > (4) For the purposes of subclause (1)(a), TAM is taken to be the owner of rail infrastructure facilities in the metropolitan rail area and TfNSW is taken to be the owner of rail infrastructure facilities in the country rail area. > > > (5) This clause is subject to any interest of TfNSW in rail infrastructure facilities in the metropolitan rail area. > > > (6) Without limiting subclause (3), that subclause extends to an ARTC lease or licence.