sec.266AAllocation of preserved train paths

### sec.266A Allocation of preserved train paths This section applies to a train path (a preserved train path ) that is, on the commencement of this section, allocated for the provision of— a regularly scheduled passenger service; or a service involving the transportation of a type of freight other than coal. If a preserved train path becomes available for a railway manager to allocate, the railway manager must not allocate the train path to a person for the provision of a different type of service unless— the railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and the chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation. Despite subsection (1) , this section ceases to apply to a preserved train path if— the chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or the preserved train path is allocated by the railway manager under subsection (2) . The chief executive may give the railway manager a written notice requiring the railway manager to give the chief executive information reasonably required to determine the railway manager’s compliance with subsection (2) . The railway manager must comply with the requirement within the reasonable period stated in the notice. This section does not prevent the railway manager allowing a preserved train path to be used for a different type of service when it is not being used for the service for which it is allocated. s 266A ins 2010 No. 32 s 75 (sec.266A-ssec.1) This section applies to a train path (a preserved train path ) that is, on the commencement of this section, allocated for the provision of— a regularly scheduled passenger service; or a service involving the transportation of a type of freight other than coal. (sec.266A-ssec.2) If a preserved train path becomes available for a railway manager to allocate, the railway manager must not allocate the train path to a person for the provision of a different type of service unless— the railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and the chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation. (sec.266A-ssec.3) Despite subsection (1) , this section ceases to apply to a preserved train path if— the chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or the preserved train path is allocated by the railway manager under subsection (2) . (sec.266A-ssec.4) The chief executive may give the railway manager a written notice requiring the railway manager to give the chief executive information reasonably required to determine the railway manager’s compliance with subsection (2) . (sec.266A-ssec.5) The railway manager must comply with the requirement within the reasonable period stated in the notice. (sec.266A-ssec.6) This section does not prevent the railway manager allowing a preserved train path to be used for a different type of service when it is not being used for the service for which it is allocated. - (a) a regularly scheduled passenger service; or - (b) a service involving the transportation of a type of freight other than coal. - (a) the railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and - (b) the chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation. - (a) the chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or - (b) the preserved train path is allocated by the railway manager under subsection (2) .