sec.84BState toll road corridor land on rail corridor land

### sec.84B State toll road corridor land on rail corridor land This section applies if— the Minister intends to declare land to be State toll road corridor land under section 84A ; and a level crossing is situated partly on the land and partly on rail corridor land. 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 about the proposed declaration. If the Minister decides to declare the land to be State toll road corridor land, the declaration must also declare the part of the rail corridor land on which the level crossing is partly situated to be a common area (the common area ) for the rail corridor land and the State toll road corridor land. When the common area is declared— the relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and filling in a pothole on a toll road erecting a sign about safety matters on a toll road the railway manager, if any, 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 a toll road; and the railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area. Unless the relevant person and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and if the toll road on the common area stops being used, the relevant person 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, whether entered into before or after the commencement of this section, between the State and the railway manager by— the Minister’s declaration; or anything done by the chief executive under this chapter for the common area. If a declaration under section 84A includes a common area— the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and any existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished. In this section— level crossing means a level crossing and its associated infrastructure. relevant person , for State toll road corridor land, means— the chief executive; or if the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased. s 84B ins 2005 No. 67 s 23 amd 2006 No. 21 s 107 ; 2010 No. 19 s 199 ; 2017 No. 25 s 54 (sec.84B-ssec.1) This section applies if— the Minister intends to declare land to be State toll road corridor land under section 84A ; and a level crossing is situated partly on the land and partly on rail corridor land. (sec.84B-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 about the proposed declaration. (sec.84B-ssec.3) If the Minister decides to declare the land to be State toll road corridor land, the declaration must also declare the part of the rail corridor land on which the level crossing is partly situated to be a common area (the common area ) for the rail corridor land and the State toll road corridor land. (sec.84B-ssec.4) When the common area is declared— the relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and filling in a pothole on a toll road erecting a sign about safety matters on a toll road the railway manager, if any, 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 a toll road; and the railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area. (sec.84B-ssec.5) Unless the relevant person and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and if the toll road on the common area stops being used, the relevant person is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. (sec.84B-ssec.6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by— the Minister’s declaration; or anything done by the chief executive under this chapter for the common area. (sec.84B-ssec.7) If a declaration under section 84A includes a common area— the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and any existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished. (sec.84B-ssec.8) In this section— level crossing means a level crossing and its associated infrastructure. relevant person , for State toll road corridor land, means— the chief executive; or if the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased. - (a) the Minister intends to declare land to be State toll road corridor land under section 84A ; and - (b) a level crossing is situated partly on the land and partly on rail corridor land. - (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 about the proposed declaration. - (a) the relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and Examples for paragraph (a) — • filling in a pothole on a toll road • erecting a sign about safety matters on a toll road - • filling in a pothole on a toll road - • erecting a sign about safety matters on a toll road - (b) the railway manager, if any, 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 a toll road; and - (c) the railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area. - • filling in a pothole on a toll road - • erecting a sign about safety matters on a toll road - (a) subject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and - (b) if the toll road on the common area stops being used, the relevant person is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. - (a) the Minister’s declaration; or - (b) anything done by the chief executive under this chapter for the common area. - (a) the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and - (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and - (c) any existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished. - (a) the chief executive; or - (b) if the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased.