sec.240FCancellation of right of access

### sec.240F Cancellation of right of access This section applies if relevant land under section 240E becomes rail corridor land. Subject to subsection (3) , a right of access granted by the chief executive under section 240E (8) (a) remains in force— while the relevant land is rail corridor land; or if the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land. A right of access granted by the chief executive under section 240E (8) (a) may be cancelled— by written agreement between the relevant entity for the relevant land and the holder of the right of access; or by the chief executive if— the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose. If the chief executive cancels a right of access under subsection (3) (b) (ii) , the owner of land affected by the decision is entitled to be paid reasonable compensation for the loss of the use of the right of access— as agreed between the owner and the relevant entity for the relevant land; or failing agreement under paragraph (a) , as decided by the Land Court. For subsection (4) , if the right of access was granted subject to a condition that it be used only for a stated approved use, the owner is entitled to be paid compensation only for the loss of the approved use of the right of access. Compensation may be claimed and ordered to be paid in a proceeding brought in the Land Court. In this section— relevant entity means— for relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or for relevant land that becomes non-rail corridor land—the chief executive. s 240F ins 2008 No. 31 s 16 amd 2008 No. 67 s 138 (sec.240F-ssec.1) This section applies if relevant land under section 240E becomes rail corridor land. (sec.240F-ssec.2) Subject to subsection (3) , a right of access granted by the chief executive under section 240E (8) (a) remains in force— while the relevant land is rail corridor land; or if the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land. (sec.240F-ssec.3) A right of access granted by the chief executive under section 240E (8) (a) may be cancelled— by written agreement between the relevant entity for the relevant land and the holder of the right of access; or by the chief executive if— the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose. (sec.240F-ssec.4) If the chief executive cancels a right of access under subsection (3) (b) (ii) , the owner of land affected by the decision is entitled to be paid reasonable compensation for the loss of the use of the right of access— as agreed between the owner and the relevant entity for the relevant land; or failing agreement under paragraph (a) , as decided by the Land Court. (sec.240F-ssec.5) For subsection (4) , if the right of access was granted subject to a condition that it be used only for a stated approved use, the owner is entitled to be paid compensation only for the loss of the approved use of the right of access. (sec.240F-ssec.6) Compensation may be claimed and ordered to be paid in a proceeding brought in the Land Court. (sec.240F-ssec.7) In this section— relevant entity means— for relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or for relevant land that becomes non-rail corridor land—the chief executive. - (a) while the relevant land is rail corridor land; or - (b) if the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land. - (a) by written agreement between the relevant entity for the relevant land and the holder of the right of access; or - (b) by the chief executive if— (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose. - (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or - (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose. - (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or - (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose. - (a) as agreed between the owner and the relevant entity for the relevant land; or - (b) failing agreement under paragraph (a) , as decided by the Land Court. - (a) for relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or - (b) for relevant land that becomes non-rail corridor land—the chief executive.