sec.249Railways on particular roads

### sec.249 Railways on particular roads This section applies if— a railway manager— holds a sublease of rail corridor land; or has access to future railway land; and the route of the rail corridor land or future railway land— is interrupted by a relevant road; and continues on the other side of the relevant road. The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the rail corridor land or future railway land. If the Minister declares a common area— the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area. a level crossing a bridge or other structure over the road a bridge or other structure that allows the railway to pass under the road After a common area is declared— the chief executive must give a copy of the gazette notice to the registrar of titles— promptly after the gazette notice is published, if the land is rail corridor land; or promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register. If a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the relevant person and the railway manager otherwise agree. In this section— chief executive for chapter 6 means the chief executive of the department that deals with the administration of chapter 6 . relevant person means— for a State-controlled road—the chief executive for chapter 6 ; or for a franchised road—the franchisee; or for State toll road corridor land— the chief executive for chapter 6 ; or if the State toll road corridor land has been leased—the person to whom the land has been leased; or for local government tollway corridor land— the local government; or if the local government tollway corridor land has been leased—the person to whom the land has been leased; or for a local government road—the local government. relevant road means— a State-controlled road; or a franchised road; or State toll road corridor land; or local government tollway corridor land; or a local government road. s 249 ins 2002 No. 15 s 24 (retro) amd 2005 No. 67 s 34 ; 2006 No. 21 s 129 ; 2007 No. 6 s 19 sch 1 ; 2011 No. 12 s 46 (sec.249-ssec.1) This section applies if— a railway manager— holds a sublease of rail corridor land; or has access to future railway land; and the route of the rail corridor land or future railway land— is interrupted by a relevant road; and continues on the other side of the relevant road. (sec.249-ssec.2) The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the rail corridor land or future railway land. (sec.249-ssec.3) If the Minister declares a common area— the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area. a level crossing a bridge or other structure over the road a bridge or other structure that allows the railway to pass under the road (sec.249-ssec.4) After a common area is declared— the chief executive must give a copy of the gazette notice to the registrar of titles— promptly after the gazette notice is published, if the land is rail corridor land; or promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register. (sec.249-ssec.5) If a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the relevant person and the railway manager otherwise agree. (sec.249-ssec.6) In this section— chief executive for chapter 6 means the chief executive of the department that deals with the administration of chapter 6 . relevant person means— for a State-controlled road—the chief executive for chapter 6 ; or for a franchised road—the franchisee; or for State toll road corridor land— the chief executive for chapter 6 ; or if the State toll road corridor land has been leased—the person to whom the land has been leased; or for local government tollway corridor land— the local government; or if the local government tollway corridor land has been leased—the person to whom the land has been leased; or for a local government road—the local government. relevant road means— a State-controlled road; or a franchised road; or State toll road corridor land; or local government tollway corridor land; or a local government road. - (a) a railway manager— (i) holds a sublease of rail corridor land; or (ii) has access to future railway land; and - (i) holds a sublease of rail corridor land; or - (ii) has access to future railway land; and - (b) the route of the rail corridor land or future railway land— (i) is interrupted by a relevant road; and (ii) continues on the other side of the relevant road. - (i) is interrupted by a relevant road; and - (ii) continues on the other side of the relevant road. - (i) holds a sublease of rail corridor land; or - (ii) has access to future railway land; and - (i) is interrupted by a relevant road; and - (ii) continues on the other side of the relevant road. - (a) the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and - (b) the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and - (c) the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area. Examples for paragraph (a) — • a level crossing • a bridge or other structure over the road • a bridge or other structure that allows the railway to pass under the road - • a level crossing - • a bridge or other structure over the road - • a bridge or other structure that allows the railway to pass under the road - • a level crossing - • a bridge or other structure over the road - • a bridge or other structure that allows the railway to pass under the road - (a) the chief executive must give a copy of the gazette notice to the registrar of titles— (i) promptly after the gazette notice is published, if the land is rail corridor land; or (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and - (i) promptly after the gazette notice is published, if the land is rail corridor land; or - (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and - (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register. - (i) promptly after the gazette notice is published, if the land is rail corridor land; or - (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and - (a) for a State-controlled road—the chief executive for chapter 6 ; or - (b) for a franchised road—the franchisee; or - (c) for State toll road corridor land— (i) the chief executive for chapter 6 ; or (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or - (i) the chief executive for chapter 6 ; or - (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or - (d) for local government tollway corridor land— (i) the local government; or (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or - (i) the local government; or - (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or - (e) for a local government road—the local government. - (i) the chief executive for chapter 6 ; or - (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or - (i) the local government; or - (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or - (a) a State-controlled road; or - (b) a franchised road; or - (c) State toll road corridor land; or - (d) local government tollway corridor land; or - (e) a local government road.