88BLease or licence of land and rail infrastructure facilities

#### 88B Lease or licence of land and rail infrastructure facilities 88B Lease or licence of land and rail infrastructure facilities > > (1) A rail authority may, with the approval of the Minister, lease to ARTC, or grant a licence to ARTC with respect to, the whole or any part of the following— > > > > > (a) land (and all or any related rail infrastructure facilities) used for, or relating to, freight lines or proposed freight lines, > > > > > (b) land providing access to any such land or rail infrastructure facilities, > > > > > (c) such additional land (and all or any related rail infrastructure facilities) as ARTC may request, and that is required in connection with rail operations. > > > (2) Rail infrastructure facilities may be leased or licensed to ARTC by a rail authority under this section even though the facilities are situated on land that is not otherwise subject to such a lease or licence. > > > (3) A rail authority may, with the approval of the Minister, enter into a lease, licence, agreement or other arrangement with ARTC for the carrying out of development by or on behalf of ARTC for the purposes of constructing proposed freight lines and associated facilities or other rail infrastructure facilities. > > > (4) A lease or licence entered into by a rail authority may make provision for or with respect to rights relating to intellectual property. > > > (5) Subsections (3) and (4) do not limit the matters that may be included in a lease or licence under this section. > > > (6) A rail authority may enter into an agreement or other arrangement with ARTC with respect to matters that are ancillary to or incidental to an ARTC lease or licence. > > > (7) The total maximum term for which any land or rail infrastructure facilities may be leased or licensed under one or more leases or licences under this section is 60 years. > > Editorial note. > > Date of commencement of first lease under this section, of interstate and Hunter Valley rail lines to ARTC: 5.9.2004. > > **ss 88B–88F:** Ins 2004 No 31, Sch 1 \[13\].