sec.85AFranchised road on rail corridor land

### sec.85A Franchised road on rail corridor land If, under section 85 , the Minister intends to enter into a road franchise agreement involving the construction, maintenance or operation of a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land, 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 enters into the road franchise agreement, the Minister must, by gazette notice, declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the franchised road. The declaration of the common area must be made as soon as practicable after the Minister enters into the road franchise agreement. After the common area is declared— the franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and a bridge or other structure over a railway a bridge or other structure that allows the franchised road to pass under the railway 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 franchised 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 franchised road or its use or operation on the common area. Unless the franchisee and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and if the franchised road on the common area stops being used, the franchisee 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 road franchise agreement; or anything done by the franchisee under this chapter for the common area. After the common area is declared— 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 it is crossed by the franchised road is, on the publication of the declaration, extinguished. s 85A ins 2006 No. 21 s 109 amd 2013 No. 19 s 114 ; 2017 No. 25 s 5 5 (sec.85A-ssec.1) If, under section 85 , the Minister intends to enter into a road franchise agreement involving the construction, maintenance or operation of a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land, 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.85A-ssec.2) If the Minister enters into the road franchise agreement, the Minister must, by gazette notice, declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the franchised road. (sec.85A-ssec.3) The declaration of the common area must be made as soon as practicable after the Minister enters into the road franchise agreement. (sec.85A-ssec.4) After the common area is declared— the franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and a bridge or other structure over a railway a bridge or other structure that allows the franchised road to pass under the railway 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 franchised 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 franchised road or its use or operation on the common area. (sec.85A-ssec.5) Unless the franchisee and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and if the franchised road on the common area stops being used, the franchisee is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. (sec.85A-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 road franchise agreement; or anything done by the franchisee under this chapter for the common area. (sec.85A-ssec.7) After the common area is declared— 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 it is crossed by the franchised road is, on the publication of the declaration, extinguished. - (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 franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and Examples for paragraph (a) — • a bridge or other structure over a railway • a bridge or other structure that allows the franchised road to pass under the railway - • a bridge or other structure over a railway - • a bridge or other structure that allows the franchised road to pass under the railway - (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 franchised 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 franchised road or its use or operation on the common area. - • a bridge or other structure over a railway - • a bridge or other structure that allows the franchised road to pass under the railway - (a) subject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and - (b) if the franchised road on the common area stops being used, the franchisee is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway. - (a) the road franchise agreement; or - (b) anything done by the franchisee 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 it is crossed by the franchised road is, on the publication of the declaration, extinguished.