sec.240EAccess arrangements across proposed railway

### sec.240E Access arrangements across proposed railway This section applies if— the chief executive enters into an agreement with a person about land ( relevant land )— that the State proposes to acquire as mentioned in section 240 (1) (a) ; or that is non-rail corridor land mentioned in section 240 (1) (b) ; and the relevant land is, or is proposed to be, future railway land; and the person is the railway manager for a proposed railway to be constructed on the relevant land; and the owner of land adjacent to the relevant land (the land-owner )— owns the relevant land; or has a right of access over the relevant land; and the land-owner requires access across the proposed railway. The land-owner may ask the railway manager for a right of access across the proposed railway. The railway manager must— negotiate with the land-owner about a right of access across the proposed railway; and have regard to the relevant matters for the proposed railway; and either— provide a right of access across the proposed railway; or refuse to provide a right of access across the proposed railway. Subsection (5) applies if— the railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or the railway manager refuses to provide a right of access across the proposed railway. The railway manager or the land-owner may ask the chief executive to decide whether a right of access across the proposed railway should be granted. In deciding whether or not to grant a right of access across the proposed railway, the chief executive— must have regard to the relevant matters for the proposed railway; and must consult with the railway manager about what, if any, conditions should be imposed on the right of access; and may ask the railway manager or the land-owner for any other information the chief executive needs to make a decision. The railway manager or the land-owner must give the chief executive the information the chief executive asks for. The chief executive must decide— to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner. If the chief executive decides to grant a right of access under subsection (8) (a) , or not to grant a right of access under subsection (8) (b) , the chief executive must notify, in writing, the railway manager and the land-owner about the decision. The railway manager must meet the full cost of any works required for the purpose of a right of access granted by the chief executive across the proposed railway. A right of access across a proposed railway given or granted under this section may be given or granted with or without conditions. Without limiting the conditions the chief executive may impose on a right of access across a proposed railway, the chief executive may impose a condition that the right of access may be used only for a stated approved use. In this section— railway manager includes a proposed railway manager. relevant matters , for a proposed railway, means— the safety and operational integrity of the proposed railway; and the need to limit the number of level crossings across the proposed railway; and the cost of providing a right of access across the proposed railway. s 240E ins 2008 No. 31 s 16 (sec.240E-ssec.1) This section applies if— the chief executive enters into an agreement with a person about land ( relevant land )— that the State proposes to acquire as mentioned in section 240 (1) (a) ; or that is non-rail corridor land mentioned in section 240 (1) (b) ; and the relevant land is, or is proposed to be, future railway land; and the person is the railway manager for a proposed railway to be constructed on the relevant land; and the owner of land adjacent to the relevant land (the land-owner )— owns the relevant land; or has a right of access over the relevant land; and the land-owner requires access across the proposed railway. (sec.240E-ssec.2) The land-owner may ask the railway manager for a right of access across the proposed railway. (sec.240E-ssec.3) The railway manager must— negotiate with the land-owner about a right of access across the proposed railway; and have regard to the relevant matters for the proposed railway; and either— provide a right of access across the proposed railway; or refuse to provide a right of access across the proposed railway. (sec.240E-ssec.4) Subsection (5) applies if— the railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or the railway manager refuses to provide a right of access across the proposed railway. (sec.240E-ssec.5) The railway manager or the land-owner may ask the chief executive to decide whether a right of access across the proposed railway should be granted. (sec.240E-ssec.6) In deciding whether or not to grant a right of access across the proposed railway, the chief executive— must have regard to the relevant matters for the proposed railway; and must consult with the railway manager about what, if any, conditions should be imposed on the right of access; and may ask the railway manager or the land-owner for any other information the chief executive needs to make a decision. (sec.240E-ssec.7) The railway manager or the land-owner must give the chief executive the information the chief executive asks for. (sec.240E-ssec.8) The chief executive must decide— to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner. (sec.240E-ssec.9) If the chief executive decides to grant a right of access under subsection (8) (a) , or not to grant a right of access under subsection (8) (b) , the chief executive must notify, in writing, the railway manager and the land-owner about the decision. (sec.240E-ssec.10) The railway manager must meet the full cost of any works required for the purpose of a right of access granted by the chief executive across the proposed railway. (sec.240E-ssec.11) A right of access across a proposed railway given or granted under this section may be given or granted with or without conditions. (sec.240E-ssec.12) Without limiting the conditions the chief executive may impose on a right of access across a proposed railway, the chief executive may impose a condition that the right of access may be used only for a stated approved use. (sec.240E-ssec.13) In this section— railway manager includes a proposed railway manager. relevant matters , for a proposed railway, means— the safety and operational integrity of the proposed railway; and the need to limit the number of level crossings across the proposed railway; and the cost of providing a right of access across the proposed railway. - (a) the chief executive enters into an agreement with a person about land ( relevant land )— (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and - (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or - (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and - (b) the relevant land is, or is proposed to be, future railway land; and - (c) the person is the railway manager for a proposed railway to be constructed on the relevant land; and - (d) the owner of land adjacent to the relevant land (the land-owner )— (i) owns the relevant land; or (ii) has a right of access over the relevant land; and - (i) owns the relevant land; or - (ii) has a right of access over the relevant land; and - (e) the land-owner requires access across the proposed railway. - (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or - (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and - (i) owns the relevant land; or - (ii) has a right of access over the relevant land; and - (a) negotiate with the land-owner about a right of access across the proposed railway; and - (b) have regard to the relevant matters for the proposed railway; and - (c) either— (i) provide a right of access across the proposed railway; or (ii) refuse to provide a right of access across the proposed railway. - (i) provide a right of access across the proposed railway; or - (ii) refuse to provide a right of access across the proposed railway. - (i) provide a right of access across the proposed railway; or - (ii) refuse to provide a right of access across the proposed railway. - (a) the railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or - (b) the railway manager refuses to provide a right of access across the proposed railway. - (a) must have regard to the relevant matters for the proposed railway; and - (b) must consult with the railway manager about what, if any, conditions should be imposed on the right of access; and - (c) may ask the railway manager or the land-owner for any other information the chief executive needs to make a decision. - (a) to grant a right of access across the proposed railway; or - (b) not to grant a right of access across the proposed railway; or - (c) not to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner. - (a) the safety and operational integrity of the proposed railway; and - (b) the need to limit the number of level crossings across the proposed railway; and - (c) the cost of providing a right of access across the proposed railway.