sec.26State-controlled roads on rail corridor land

### sec.26 State-controlled roads on rail corridor land This section applies if, under section 24 , the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road. Before making the declaration, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration. If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area ( common area ) for the rail corridor land and the State-controlled road. When the common area is declared— the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. a level crossing a bridge or other structure over a railway a bridge or other structure that allows the road to pass under the railway Unless the chief executive and a railway manager for the rail corridor land otherwise agree— subject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by— the Minister’s declarations; or anything done by the chief executive under chapter 6 for the common area. After the common area is declared— the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register. s 26 ins 2001 No. 79 s 25A amd 2013 No. 19 s 113 ; 2017 No. 25 s 52 (sec.26-ssec.1) This section applies if, under section 24 , the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road. (sec.26-ssec.2) Before making the declaration, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration. (sec.26-ssec.3) If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area ( common area ) for the rail corridor land and the State-controlled road. (sec.26-ssec.4) When the common area is declared— the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. a level crossing a bridge or other structure over a railway a bridge or other structure that allows the road to pass under the railway (sec.26-ssec.5) Unless the chief executive and a railway manager for the rail corridor land otherwise agree— subject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. (sec.26-ssec.6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by— the Minister’s declarations; or anything done by the chief executive under chapter 6 for the common area. (sec.26-ssec.7) After the common area is declared— the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register. - (a) the department has consulted with the railway manager, if any, for the rail corridor land; and - (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration. - (a) the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and - (b) a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and - (c) the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. Examples for paragraph (a) — • a level crossing • a bridge or other structure over a railway • a bridge or other structure that allows the road to pass under the railway - • a level crossing - • a bridge or other structure over a railway - • a bridge or other structure that allows the road to pass under the railway - • a level crossing - • a bridge or other structure over a railway - • a bridge or other structure that allows the road to pass under the railway - (a) subject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and - (b) if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. - (a) the Minister’s declarations; or - (b) anything done by the chief executive under chapter 6 for the common area. - (a) the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and - (b) the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.