sec.260Works for existing railways

### sec.260 Works for existing railways This section applies— while a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and to the owners and occupiers of land next to the existing railway (the neighbouring land ). The relevant railway manager must, within a reasonable time, construct and maintain— works that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and works that are necessary to— separate the existing railway from the neighbouring land; and protect the stock straying from the neighbouring land onto the railway; and sufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed. The relevant railway manager may satisfy its obligation under subsection (2) (b) by constructing and maintaining a fence of substantially similar quality to any fence around the neighbouring land when the railway was constructed. This section does not require the relevant railway manager to— construct or maintain works in a way that would prevent or obstruct the use of the existing railway; or construct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or construct or maintain works for a change of use of the neighbouring land by its owner or occupier. The Land Court must decide any dispute about the adequacy of works or maintenance under this section. If the owner or occupier of neighbouring land considers that works carried out under this section are insufficient for the convenient use of the land, the owner or occupier may, with the relevant railway manager’s agreement, carry out further works at the owner’s or occupier’s expense. The relevant railway manager may, by written notice given to the owner or occupier, require the further works to be carried out— under the supervision of a person nominated by the relevant railway manager; and according to plans and specifications approved by the relevant railway manager. The relevant railway manager must attempt to keep the cost of the further works to a reasonable level. Until the relevant railway manager carries out the works mentioned in subsection (2) , the owner or occupier of the neighbouring land, and their employees and agents, may cross the existing railway next to the land with vehicles and livestock. The crossing must be made directly, and in a way that is safe and does not damage or obstruct the railway. However, subsection (9) does not apply to an owner or occupier who agreed to receive, and has been paid, compensation in place of the works. A person must shut and lock a gate set up under this section at either side of an existing railway as soon as the person, and any vehicles or livestock in the person’s care, have passed through the gate. Maximum penalty for subsection (12) —10 penalty units. In this section— change of use , of the neighbouring land, means a change of the use (the new use ) of the land, if the new use would result in works that would have been required to be carried out under this section in relation to the previous use of the land being insufficient for the convenient new use of the land. relevant railway manager means the railway manager for the existing railway. s 260 orig s 260 ins 1998 No. 33 s 15 exp 23 September 1998 (see orig s 260(3)) prev s 260 ins 1998 No. 43 s 23 exp 27 May 1999 (see prev s 260(3)) pres s 260 ins 1995 No. 32 s 11 amd 2008 No. 67 s 141 ; 2010 No. 19 s 72 ; 2011 No. 12 s 48 (sec.260-ssec.1) This section applies— while a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and to the owners and occupiers of land next to the existing railway (the neighbouring land ). (sec.260-ssec.2) The relevant railway manager must, within a reasonable time, construct and maintain— works that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and works that are necessary to— separate the existing railway from the neighbouring land; and protect the stock straying from the neighbouring land onto the railway; and sufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed. (sec.260-ssec.3) The relevant railway manager may satisfy its obligation under subsection (2) (b) by constructing and maintaining a fence of substantially similar quality to any fence around the neighbouring land when the railway was constructed. (sec.260-ssec.4) This section does not require the relevant railway manager to— construct or maintain works in a way that would prevent or obstruct the use of the existing railway; or construct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or construct or maintain works for a change of use of the neighbouring land by its owner or occupier. (sec.260-ssec.5) The Land Court must decide any dispute about the adequacy of works or maintenance under this section. (sec.260-ssec.6) If the owner or occupier of neighbouring land considers that works carried out under this section are insufficient for the convenient use of the land, the owner or occupier may, with the relevant railway manager’s agreement, carry out further works at the owner’s or occupier’s expense. (sec.260-ssec.7) The relevant railway manager may, by written notice given to the owner or occupier, require the further works to be carried out— under the supervision of a person nominated by the relevant railway manager; and according to plans and specifications approved by the relevant railway manager. (sec.260-ssec.8) The relevant railway manager must attempt to keep the cost of the further works to a reasonable level. (sec.260-ssec.9) Until the relevant railway manager carries out the works mentioned in subsection (2) , the owner or occupier of the neighbouring land, and their employees and agents, may cross the existing railway next to the land with vehicles and livestock. (sec.260-ssec.10) The crossing must be made directly, and in a way that is safe and does not damage or obstruct the railway. (sec.260-ssec.11) However, subsection (9) does not apply to an owner or occupier who agreed to receive, and has been paid, compensation in place of the works. (sec.260-ssec.12) A person must shut and lock a gate set up under this section at either side of an existing railway as soon as the person, and any vehicles or livestock in the person’s care, have passed through the gate. Maximum penalty for subsection (12) —10 penalty units. (sec.260-ssec.13) In this section— change of use , of the neighbouring land, means a change of the use (the new use ) of the land, if the new use would result in works that would have been required to be carried out under this section in relation to the previous use of the land being insufficient for the convenient new use of the land. relevant railway manager means the railway manager for the existing railway. - (a) while a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and - (b) to the owners and occupiers of land next to the existing railway (the neighbouring land ). - (a) works that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and - (b) works that are necessary to— (i) separate the existing railway from the neighbouring land; and (ii) protect the stock straying from the neighbouring land onto the railway; and - (i) separate the existing railway from the neighbouring land; and - (ii) protect the stock straying from the neighbouring land onto the railway; and - (c) sufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed. - (i) separate the existing railway from the neighbouring land; and - (ii) protect the stock straying from the neighbouring land onto the railway; and - (a) construct or maintain works in a way that would prevent or obstruct the use of the existing railway; or - (b) construct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or - (c) construct or maintain works for a change of use of the neighbouring land by its owner or occupier. - (a) under the supervision of a person nominated by the relevant railway manager; and - (b) according to plans and specifications approved by the relevant railway manager.