Western Australia
Rail Freight System Act 2000
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 3
4. References to things belonging to the State 3
5. References to disposal of things belonging to the State 3
6. References to things on land 4
7. Property in things on land 4
8. Effect on Government Railways Act 1904 4
9. Relationship with other Acts 5
10. Act binds the Crown 6
Part 2 — Disposal and related matters
Division 1 — Disposal, generally
11. Minister may prepare proposal 7
12. Limitations on disposal of land 7
13. Minister to negotiate disposal 11
14. Agreement may deal with certain matters 11
15. Approval under Land Administration Act 1997 section 1812
16. Functions of Commission 12
17. Ministerial directions and access to information 13
18. Auditor General may disclose information 13
19. Saving 13
20. State indemnities and guarantees 14
21. Regulations 14
Division 2 — Assignment and related matters
22. Definitions 14
23. Minister may make transfer orders 16
24. Consequences of transfer order 17
25. Completion of necessary transactions 18
26. Contracts arising from certain internal arrangements of Commission 18
27. Arrangements for custody and use of records 18
28. Registration of documents 19
29. Rectifying error in transfer order 19
30. Applying proceeds of disposal 20
Part 3 — Railway corridors
Division 1 — Preliminary and administrative matters
31. Definitions 21
32. Rail Corridor Minister 21
33. Use of government staff and facilities 22
Division 2 — Ordering land to be, or be no longer, corridor land
34. Designating government railway land as corridor land or land other than corridor land 22
35. Corridor land order to be published before disposing of land22
36. Additional land for corridor land 23
37. Ordering land to be no longer corridor land 23
38. Identifying land in an order 23
39. Rectifying error in order 23
40. When order comes into operation 24
41. Notation on title to corridor land 24
Division 3 — Dealing with corridor land and things on it
42. Functions in respect of corridor land and certain things on it25
43. Conveying interest to give effect to agreement for disposal 27
44. Commission and other State agencies to give effect to disposal under this Part 27
Division 4 — Regulatory and other matters to do with corridor land
45. Dividing fences 28
46. Corridor land not subject to certain rates or taxes 28
47. No construction on corridor land without consent 28
48. Other restrictions on corridor land 28
49. Delegation by Rail Corridor Minister 29
50. Certain matters that regulations may deal with 30
51. Power of entry 31
52. Assistants and equipment 31
53. General procedure for entering property 31
54. Notice of entry 31
55. Entry under warrant 32
56. Entry in an emergency 32
57. Purpose of entry to be given on request 33
Part 4 — Miscellaneous
58. Civil penalty 34
59. Regulations 34
Part 5 — Amendments to, or modification of, other Acts
Division 1 — Government Railways (Access) Act 1998
60. The Act amended 35
61. Long title amended 35
62. Section 1 amended 35
63. Section 2A inserted 36
2A. Object of the Act 36
64. Section 3 amended 36
65. Sections 3A and 3B inserted 38
3A. Scope of access rights clarified 38
3B. Access rights may bind person through whom title derives in certain cases 39
66. Section 4 amended 40
67. Section 6 amended 41
68. Section 7 amended 41
69. Section 11A inserted 41
11A. Consultation with railway owners on amendment or replacement of Code 41
70. Section 12 amended 42
71. Section 15 amended 42
72. Section 20 amended 42
73. Section 21 amended 42
74. Sections 22A to 22D inserted 43
22A. Power of entry 43
22B. Obstruction and deception 43
22C. Legal professional privilege 44
22D. Self‑incrimination 44
75. Section 23 amended 45
76. Heading to Part 4 amended 45
77. Section 24 amended 45
78. Section 25 amended 45
79. Section 28 amended 45
80. Section 29 amended 46
81. Section 30 amended 47
82. Section 31 amended 47
83. Section 32 amended 47
84. Section 33 amended 48
85. Section 34 amended 48
86. Section 34A inserted 48
34A. Prohibitions on hindering or preventing access48
87. Section 36 amended 49
88. Section 37 amended 49
89. Public comment on certain Code changes not required 49
Division 2 — Government Railways Act 1904
90. The Act amended 50
91. Section 13 amended 50
92. Section 19 inserted 50
19. Commission may operate on corridor land under the Rail Freight System Act 2000 50
93. Section 61 amended 51
Division 3 — Hire‑Purchase Act 1959
94. The Act amended 51
95. Section 2A amended 51
Division 4 — Land Administration Act 1997
96. The Act amended or modified 52
97. Heading amended 52
98. Section 159 amended 52
99. Section 160 amended 52
100. Sections 187‑191 not to apply 53
101. Taking of land to be as if for the conferral of rights 53
Division 5 — Land Tax Assessment Act 1976
102. Schedule Part I clause 1 amended 53
Division 6 — National Rail Corporation Agreement Act 1992
103. The Act amended 54
104. Section 5B amended 54
Division 7 — Town Planning and Development Act 1928
105. Section 20 54
Defined Terms
Western Australia
Rail Freight System Act 2000
No. 13 of 2000
An Act to provide for —
·the disposal of the rail freight business of the Western Australian Government Railways Commission and things associated with that business and the assignment of things to give effect to a disposal;
·the identification of railway land corridors and the creation of a State agency that is a body corporate to manage them,
to amend or modify the operation of —
·the Government Railways (Access) Act 1998;
·the Government Railways Act 1904;
·the Hire‑Purchase Act 1959;
·the Land Administration Act 1997;
·the National Rail Corporation Agreement Act 1992; and
·the Town Planning and Development Act 1928,
and for related purposes.
[Assented to 8 June 2000]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This Act may be cited as the Rail Freight System Act 2000.
2. Commencement
(2) Part 5 Divisions 1
(3) If the day fixed under subsection (2) is after the day on which a provision would come into operation under subsection (5) or (7), the provision comes into operation on the day fixed under subsection (2) and the subsection fixing when it would otherwise come into operation does not apply.
(4) If the day fixed under subsection (1) is after the day on which section 91(1)(b) would come into operation under subsection (6), section 91(1)(b) comes into operation on the day fixed under subsection (1) and subsection (6) does not apply.
(5) Section
(6) Section 91(1)(b) comes into operation immediately after section 43(
(7) Section 93 comes into operation immediately after section 43(7) of the Government Railways (Access) Act 1998 comes into operation.
3. Definitions
In this Act, unless the contrary intention appears —
“Commission” has the meaning given by section 2 of the Government Railways Act 1904;
“Commission’s rail freight business” means the business and operations of the Commission involved in the carriage of freight by rail and the provision and maintenance of facilities for the operation of railways for the carriage of freight, and it includes the carriage of freight by road and other activities of the Commission that the business and operations involve;
“corridor land” means land that is designated as corridor land under Part 3
“corridor land order” means an order made under Part 3 to designate land as corridor land or land other than corridor land (whether or not the order has come into operation).
4. References to things belonging to the State
A reference in this Act to any land or thing belonging to the State includes a reference to any land or thing belonging to the State whether held by the Minister for Western Australian Government Railways established under section 4 of the Government Railways Act 1904, the Commission, any other State agency, or otherwise.
5. References to disposal of things belonging to the State
For the purposes of this Act, requiring any land or thing belonging to the State to be conveyed to a different holder in such a way that it would still belong to the State is to be regarded as disposing of it, and accordingly a power to dispose of any land or thing belonging to the State includes a power to give the holder of the land or thing a requirement of that kind.
6. References to things on land
Anything that is placed in, on, or over, or is buried in, land is on that land for the purposes of this Act.
7. Property in things on land
Anything that is on land which, or an interest in which, is capable of being disposed of under Part 2 or any other corridor land —
(a) is not a part of the land, regardless of whether it is of the nature of a fixture;
(b) is capable of being assigned separately from the land; and
(c) is capable of being removed from the land by, or with the authority of, the owner of that thing.
8. Effect on Government Railways Act 1904
(1) If anything that is part of a Government railway is disposed of under Part 2
(3) Before land becomes corridor land, the Minister may, in writing, order that anything described in the order that is on the land does not cease to be part of a Government railway because of the land becoming corridor land.
(4) The Minister is to give a copy of an order under subsection (3) to each of the Commission and the Rail Corridor Minister.
(5) Nothing in this section prevents anything that has ceased to be part of a Government railway from again being part of a Government railway except that corridor land cannot be part of a Government railway.
(6) In this section —
“Government railway” means a “railway” or “Government railway” for the purposes of the Government Railways Act 1904,
and a reference to being part of a Government railway includes a reference to being a Government railway.
(7) Despite subsections (1) and (2), section 62 of the Government Railways Act 1904 applies to the leasing of any corridor land or any other land that is capable of being disposed of under Part 2, except that the conditions described in paragraphs (1) to (5) of that section do not apply to the leasing of that land.
9. Relationship with other Acts
(1) If anything in this Act or regulations made under it is inconsistent with anything in —
(a) the Rail Safety Act 1998 or subsidiary legislation made under it; or
(b) the Government Railways (Access) Act 1998 or subsidiary legislation made under it,
the legislation described in paragraph (a) or (b) prevails.
(2) Nothing in this Act affects —
(a) a right conferred under section 34 of the Dampier to Bunbury Pipeline Act 1997 before the commencement of this Part, whether or not the right has been assigned or the period for which it is to apply has been extended;
(b) the provisions of the Dampier to Bunbury Pipeline Act 1997 in so far as they relate to a right described in paragraph (a); or
(c) a right conferred under the Energy Coordination Act 1994, before the commencement of this Part, on the holder of a licence referred to in section 11D(1)(a) of that Act.
(3) A reference in subsection (2) to a right conferred before the commencement of this Part includes a reference to a right subsequently conferred to the extent that it is in continuation of, and the same as, the former right.
10. Act binds the Crown
This Act binds the Crown in right of the State and, subject to the limits of the legislative power of the State, the Crown in all its other capacities.
Part
Division 1 — Disposal, generally
11. Minister may prepare proposal
(1) The Minister may prepare and submit to the Treasurer a proposal to dispose of the Commission’s rail freight business, and anything associated with that business, in whole or in part.
(2) The power given by subsection (1) extends to —
(a) any of the Commission’s rail freight business that was not included in an earlier proposal under that subsection, whether or not it was established after the earlier proposal was made;
(b) anything associated with any business to which the power extends; and
(c) anything associated with any business that has been disposed of in accordance with an earlier proposal under that subsection.
(3) The power given by subsection (1) is limited to things belonging to the State.
(4) The proposal prepared by the Minister is to include an unambiguous description of the business and other things that are to be disposed of.
12. Limitations on disposal of land
(1) A proposal to dispose of land
(3) A proposal to dispose of standard gauge corridor land to a person can be approved only if the person is a company that —
(a) as its main business, provides and maintains or is to provide and maintain facilities for the operation of railways;
(b) is not involved in providing train services; and
(c) has provisions in its constitution to prevent the disclosure of confidential information obtained in the course of its business to —
(i) a person providing train services; or
(ii) a person controlling, or controlled by, a person providing train services,
except if the disclosure is required by law.
(4) For the purpose of subsection (3), a company is involved in providing train services if —
(a) it provides the train services itself;
(b) it controls a body that provides train services;
(c) it is controlled by a body that provides train services on standard gauge corridor land;
(d) it delegates any control over the management of any of its business to a person providing train services; or
(e) any of its directors is also a director of a company that provides train services.
(5) A body that, under the Corporations Law, is a subsidiary of another body is, for the purposes of subsection (3) or (4), controlled by that other body.
(6) A proposal to dispose of standard gauge corridor land between Koolyanobbing and Esperance is to ensure that, if the holder of the land has a contract under which more than 3 million tonnes of freight per year are to be carried on the track between Kalgoorlie and Esperance —
(a) the railway track on the land is, within 2 years after the disposal or the making of the contract (whichever is later), improved over the whole length of the track between Koolyanobbing and Esperance to a standard suitable to allow rolling stock of a 23 tonne axle load to travel along it at a maximum speed of 80 kilometres per hour for an average speed of 60 kilometres per hour; and
(b) the track is maintained to at least that standard over that length of track during the term of the disposal.
(7) A proposal to dispose of standard gauge corridor land between Kwinana and Parkeston is to ensure that —
(a) the railway track on the land is improved over the whole length of the track between those places to a standard suitable to allow —
(i) trains that are each 1800 metres long to cross at all crossing loops existing at the time of the disposal;
(ii) rolling stock of a 21 tonne axle load to travel along it at a maximum speed of 115 kilometres per hour; and
(iii) rolling stock of a 25 tonne axle load to travel along it at a maximum speed of 80 kilometres per hour,
and those improvements are carried out in accordance with any program developed by the holder of the land in co-operation with the Australian Rail Track Corporation Limited (ACN 081 455 754); and
(b) the track is maintained to at least that standard over that length of track during the term of the disposal.
(8) A proposal to dispose of standard gauge corridor land on which there is railway track between Kalgoorlie and Leonora is to ensure that, over that length of track and during the term of the disposal, the track is maintained to at least the same standards as to train length, axle load, and speed, as existed at the time of disposal.
(9) If a subsection of this section requires a particular standard and another subsection requires a different standard in relation to the same matter, the proposal is to provide for the more stringent standard.
(10) In this section —
“company” has the same meaning as it has in the Corporations Law;
“confidential information” means information that, if not disclosed by the company, would not be otherwise publicly available;
“director” has the meaning given by section 60 of the Corporations Law;
“involved in providing train services”, in subsection (3), has the meaning given by subsection (4);
“standard gauge corridor land” means land that is, or is to be, corridor land on which there is railway track of a nominal gauge of 1435 mm for rail transit between Kwinana, Fremantle, Leonora, Esperance, Kalgoorlie, Parkeston, and all intermediate locations;
“to control” includes the meaning given by subsection (5);
“train services” means the business and operations involved in the carriage of freight or passengers by rail, and does not include the business and operations involved in the provision and maintenance of facilities for the operation of railways.
13. Minister to negotiate disposal
(1) The Minister may enter into any agreement on behalf of the State to give effect to a proposal under section 11 that is approved by the Treasurer.
(2) If the agreement is for the disposal to a person of standard gauge corridor land as defined in section 12, it is to contain provisions to ensure that —
(a) while holding the land the person continues to be a person in respect of whom approval could be given under section 12(3) (in this subsection called “an eligible company”); and
(b) any person holding the land as the person’s successor or assignee is, and while holding the land continues to be, an eligible company.
14. Agreement may deal with certain matters
Without limiting the other things that an agreement under section 13 may deal with —
(a) an agreement under that section for the disposal of anything necessary for, or associated with, the operation of a railway for the carriage of freight may include provisions about the continued availability of that thing for that purpose, and its being maintained in a condition suitable for that purpose; and
(b) an agreement under that section for the disposal of any business may include provisions about the continuation of, and the nature and extent of, the services provided through the business.
15. Approval under Land Administration Act 1997 section 18
Approval under section 18 of the Land Administration Act 1997 is not required for anything that is contained in, or done to give effect to, an agreement entered into under section 13 of this Act unless that approval is required because of section 178(5) of that Act.
16. Functions of Commission
(1) It is a function of the Commission —
(a) to facilitate the Minister’s entering into an agreement under section 13 and the fulfilment of the State’s obligations under it; and
(b) to deal with incidental and related matters.
(2) The Commission may enter into an agreement in order to provide for —
(a) the Commission or any other person to have access to anything disposed of under this Act;
(b) any person to have access to anything that is under the management and control of the Commission as provided by section 13 of Government Railways Act 1904;
(c) the sharing of facilities or the joint use of services to enable the Commission to effectively perform its functions under the Government Railways Act 1904 and to enable another party to the agreement to effectively operate freight services as the agreement contemplates.
(3) The Commission may do anything else necessary or convenient to be done for the purpose of performing a function under this Act.
(4) This section does not limit any power that the Commission has under the Government Railways Act 1904.
(5) The Minister may direct the Commission —
(a) to allow the whole or part of its functions under this Act to be performed on its behalf by; and
(b) in performing its functions under this Act, to act in accordance with any instructions of,
a committee of persons appointed by the Minister and given responsibility for matters to do with the administration of this Act.
17. Ministerial directions and access to information
Sections 8C and 8D of the Government Railways Act 1904 apply as if this Act were a part of that Act.
18. Auditor General may disclose information
Despite section 91 of the Financial Administration and Audit Act 1985, the Auditor General may for the purpose of facilitating a disposal under this Part, disclose to any person, or provide any person with access to, information in his or her possession or under his or her control.
19. Saving
The operation of a provision of this Part is not to be regarded as —
(a) a breach of contract or confidence or any other civil wrong;
(b) a breach of a contractual provision prohibiting, restricting, or regulating the assignment or transfer of assets or liabilities or the disclosure of information;
(c) giving rise to a remedy by a party to an instrument, or causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset or liability;
(d) causing any contract or instrument to be void or otherwise unenforceable; or
(e) releasing, or allowing the release of, any surety.
20. State indemnities and guarantees
(1) The Treasurer may, in the name and on behalf of the State, give any indemnity or guarantee in respect of a matter arising under or related to —
(a) an agreement under section 13; or
(b) the assignment of anything in accordance with an agreement under section 13.
(2) The payment of any money under an indemnity or guarantee given under subsection (1) is to be made by the Treasurer and charged to the Consolidated Fund, which this section appropriates to the necessary extent.
21. Regulations
Regulations may provide for —
(a) anything for which it is necessary or convenient to make provision in order to give effect to an agreement under section 13;
(b) anything that it is necessary or convenient to deal with as a consequence of anything in, or anything done under, this Part.
Division 2 — Assignment and related matters
22. Definitions
In this Division, unless the contrary intention appears —
“asset” means property of any kind whether tangible, intangible, real, or personal and, without limiting that meaning, includes —
(a) any chose in action or goodwill; or
(b) any right, interest, or claim of any kind,
whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;
“assignee” means the person specified in a transfer order as —
(a) the person to whom anything is assigned; or
(b) the person a reference to whom has to be treated as
“liability” means any liability, duty or obligation —
(a) whether actual, contingent or prospective, liquidated or unliquidated; or
(b) whether owed alone or jointly or jointly and severally with any other person;
“right” means any right, power, privilege or immunity whether actual, contingent or prospective, but does not include any privilege or immunity enjoyed as an agent of the Crown except in so far as it relates to anything done or omitted to be done before the transfer time;
“transfer order” means an order under section 23, as amended under that section or corrected under section 29 if applicable;
“transfer time” means the transfer time specified in a transfer order.
23. Minister may make transfer orders
(1) To give effect to an agreement under section 13
(a) specifies a time, being not before the day the order is published, to be the transfer time for that order;
(b) specifies any asset or liability that, by operation of section 24, is to be assigned to the person specified in the order;
(c) specifies proceedings in which the person specified in the order is to be substituted for the Commission as a party; and
(d) specifies any agreement or instrument relating to anything assigned that, by operation of section 24, is to have effect as if, unless otherwise expressly specified in the order, references to the assignee were substituted for references in it to the Commission.
(2) If the transfer time is specified by reference to when anything is done, the Minister is to cause notice to be published in the Gazette of the time when that thing was done.
(a) need not be published in the Gazette; but
(b) must be available for public inspection,
and anyone or anything specified in a schedule is to be taken to be specified in the order.
(4) Anyone or anything may be specified in a transfer order by describing the person or thing as a member of a class.
(5) Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to a relevant official under section 28, the Minister is to consult as to the form and content of the schedule with the relevant official (or each relevant official if there is more than one).
(6) The transfer order, or a schedule to which it refers, may, with the consent of the assignee, be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time.
24. Consequences of transfer order
(1) If a transfer order is made then, except as may be otherwise agreed between the Minister and the assignee —
(i) an asset that is specified is, by operation of this section, assigned to the assignee;
(ii) a liability that is specified is, by operation of this section, assigned to and becomes a liability of the assignee; and
(iii) the assignee is, by operation of this section, substituted for the Commission as a party to any specified proceedings;
(b) an agreement or instrument that is specified has effect, by operation of this section, as if, unless otherwise expressly specified, a reference to the assignee were, at the transfer time, substituted for a reference to the Commission in the agreement or instrument;
(c) any proceedings or remedy that might have been commenced by, or available against or to, the Commission in relation to an asset or liability assigned by paragraph (a) may be commenced by, or are available against or to, the assignee of the asset or liability; and
(d) anything relating to an asset or liability
(2) In subsection (1) —
“specified” means specified in the transfer order.
25. Completion of necessary transactions
If section 24 cannot, to any extent, have effect as described in this Division (whether because a matter is governed
26. Contracts arising from certain internal arrangements of Commission
(1) An instrument that provides for arrangements between different parts of the Commission’s business and operations may be specified in a transfer order as if it created contractual rights and liabilities.
(2) An instrument specified as described in subsection (1) is to be regarded as if its provisions were contractual provisions between different legal entities.
(3) The definitions of “liability” and “right” in section 22
27. Arrangements for custody and use of records
The Commission and an assignee are to make arrangements for the delivery or sharing of, and access to, registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded, or stored) relating to any
28. Registration of documents
(1) The Minister is to cause a copy of each transfer order, any schedule to which it refers, and any notice under section 23(2) relating to the transfer time, to be delivered to each relevant official and the Commission.
(2) The relevant officials are to take notice of this Part, any transfer order, including a schedule to which the order refers, and any notice under section 23(2), and are to record and register in the appropriate manner the documents necessary to show the effect of the transfer order and this Part.
(3) In this section —
“relevant official” means the Registrar of Titles, the Registrar of Deeds, the Minister administering the Mining Act 1978 or any other person authorized by a written law to record and give effect to the registration of documents relating to transactions affecting relevant property;
“relevant property” means property of a kind affected by the transfer order, whether it is an estate or interest in land or any other property.
29. Rectifying error in transfer order
(1) The Minister may by order published in the Gazette make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers.
(3) To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, section 24 does not, as a result of that provision, operate so as —
(a) to affect, in a manner prejudicial to any person (other than the State, the Commission, the assignee, or a Minister, officer or agency of the State), the rights of that person existing before the day of publication; or
(b) to impose liabilities on any person (other than the State, the Commission, the assignee, or a Minister, officer or agency of the State), in respect of anything done or omitted to be done before the day of publication.
30. Applying proceeds of disposal
The proceeds of any disposal under this Part are to be applied by paying them to the Treasurer or otherwise as the Treasurer determines.
Part 3 — Railway corridors
Division 1 — Preliminary and administrative matters
31. Definitions
In this Part, unless the contrary intention appears —
“Act Minister” means the Minister for the time being responsible for the administration of this Act;
“government railway land” means —
(a) land that is, or is part of, a “Government railway” as defined in section 2 of the Government Railways Act 1904; or
(b) other land that is used by or under the control of the Commission;
“Rail Corridor Minister” means the body corporate established by section 32(1).
32. Rail Corridor Minister
(1) The Minister for the time being appointed under this section by the Governor, by order published in the Gazette, is a body corporate named “the Rail Corridor Minister” with perpetual succession and a common seal.
(2) The Rail Corridor Minister is a State agency.
(3) The Rail Corridor Minister has the functions given by this Act, and may do anything necessary for, or incidental to, the performance of those functions.
(4) The Rail Corridor Minister is to inform the Act Minister at least 30 days before —
(a) making any order under section 36; or
(b) disposing of anything under section
(5) If the Act Minister is appointed to be the Rail Corridor Minister subsection (4) does not apply.
33. Use of government staff and facilities
(1) The Rail Corridor Minister may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —
(a) in the Public Service;
(b) in a State agency; or
(c) otherwise in the service of the Crown in right of the State.
(2) The Rail Corridor Minister may by arrangement with —
(a) a department of the Public Service; or
(b) a State agency,
make use of any facilities of the department or agency.
(3) An arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties.
Division 2 — Ordering land to be, or be no longer, corridor land
34. Designating government railway land as corridor land or land other than corridor land
The Act Minister may, by order notice of which is published in the Gazette, designate government railway land identified by the order as corridor land or land other than corridor land.
35. Corridor land order to be published before disposing of land
(1) For the purpose of assisting the Act Minister to prepare a proposal under section 11
(2) If any of the land is not land in respect of which a corridor land order has been published in the Gazette under this Part, the Act Minister, by order notice of which is published in the Gazette, is to designate the land as corridor land or land other than corridor land.
36. Additional land for corridor land
37. Ordering land to be no longer corridor land
(1) The Rail Corridor Minister may, by order notice of which is published in the Gazette, cancel the designation as corridor land of any land that is no longer required to be corridor land.
(2) Land the designation of which is cancelled by the order becomes part of a Government railway for the purposes of the Government Railways Act 1904.
38. Identifying land in an order
An order under this Division may identify land by reference to a schedule that is not published in the Gazette but is available for public inspection.
39. Rectifying error in order
(1) The Rail Corridor Minister may by order published in the Gazette make any provision that is necessary to correct any error in an order under this Division (in this section called “the initial order”) or a schedule to which it refers.
(2) Subsection (1) applies whether the initial order was made by the Rail Corridor Minister or by the Act Minister.
(3) An order under this section may be made so as to have effect from the time when the initial order had effect.
(4) To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, it does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the State, the Commission, the Rail Corridor Minister, or a Minister, officer or agency of the State), the rights of that person existing before the day of publication; or
(b) to impose liabilities on any person (other than the State, the Commission, the Rail Corridor Minister, or a Minister, officer or agency of the State), in respect of anything done or omitted to be done before the day of publication.
40. When order comes into operation
(1) An order under this Division comes into operation at the beginning of the day on which notice of it is published in the Gazette unless the order specifies another time when it is to come into operation.
(2) If the time when an order is to come into operation is specified by reference to when anything is done, the Minister is to cause notice to be published in the Gazette of the time when that thing was done.
(3) Nothing in subsection (1) limits section 39(3).
41. Notation on title to corridor land
(1) The person making an order under this Division is to cause a copy of the order and any schedule to which it refers to be delivered to each relevant official and the Commission.
(2) The person delivering a copy of the order to a relevant official is to also provide the relevant official with any further information requested by the relevant official, in the form, if any, specified in the request.
(3) If the Act Minister makes the order, the Act Minister is to also cause a copy of the order and any schedule to which it refers to be delivered to the Rail Corridor Minister, and if the Rail Corridor Minister makes the order, the Rail Corridor Minister is to also cause a copy of the order and any schedule to which it refers to be delivered to the Act Minister.
(4) Each relevant official is to make any entry in, or endorse or note, any relevant title, plan, map, land register or record to give a person searching the title to that land notice that it is corridor land or that the designation of the land as corridor land has been cancelled.
(5) A statement in writing signed by the Rail Corridor Minister that land is corridor land is evidence of the fact stated.
(6) In this section —
“relevant official” means —
(a) the Registrar of Titles;
(b) the Registrar of Deeds; or
(c) the Minister administering th
according to which, if any, of them has responsibility for a register relating to the affected land.
Division 3 — Dealing with corridor land and things on it
42. Functions in respect of corridor land and certain things on it
(1) The Rail Corridor Minister may, for the purposes of facilitating the use of corridor land for the carriage of freight by rail or for any other purpose that is compatible with that use —
(a) dispose of an interest in corridor land that is no greater than a leasehold interest and, if it is for a term, is not for a term that is, or is capable of being, more than 50 years;
(b) dispose of anything, or an interest in anything, belonging to the State that is on corridor land, is associated with the provision of a rail freight service
(c) generally manage, and do anything else in relation to —
(i) corridor land; and
(2) For the purposes of the restriction in subsection (1)(a), any term for which there is an option to renew an interest is to be regarded as part of the term of the interest.
(3) The powers given by subsection (1) apply to land and things belonging to the State even if they are not held by the Rail Corridor Minister but before exercising powers in respect of land that is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997), or anything on that land, the Rail Corridor Minister is required to consult with the DBNGP Land Access Minister (as defined in that Part).
(5) Without limiting what else the Rail Corridor Minister may do, Part VI of the Public Works Act 1902 applies, so far as it is consistent with the other provisions of this Act for it to do so, as if —
(a) a reference in it to a railway referred to a railway that is on corridor land; and
(b) in relation to a railway that is on corridor land, a reference to the Minister referred to the Rail Corridor Minister,
but the regulations may modify or exclude the application of any provision of that Part under this subsection.
(6) Nothing in subsection (1)(b) or (c)(ii) or subsection (4) or (5) limits the power of the Rail Corridor Minister to dispose of, manage, or do anything else in relation to, anything, whether or not it is on corridor land or former Government railway land, if it belongs to the Rail Corridor Minister.
(7) In this section —
“former Government railway land” means corridor land that was, before it became corridor land, part of a “Government railway” for the purposes of the Government Railways Act 1904.
43. Conveying interest to give effect to agreement for disposal
The Rail Corridor Minister is to perform any function given by this Act as may be necessary to fulfil the State’s obligations under an agreement under section 13.
44. Commission and other State agencies to give effect to disposal under this Part
The Commission or any other person holding anything disposed of, or anything an interest in which is disposed of, under this Part by the Rail Corridor Minister is to convey what it was that the Rail Corridor Minister disposed of.
Division 4 — Regulatory and other matters to do with corridor land
45. Dividing fences
The Dividing Fences Act 1961 does not apply to a fence separating corridor land from any other land, whether the other land is also corridor land or not.
46. Corridor land not subject to certain rates or taxes
(1) Corridor land is exempt from —
(a) any rate under the Local Government Act 1995; and
(b) any other rate, tax, or charge specified by the Treasurer by an order published in the Gazette under this section.
(2) The Treasurer may, by order published in the Gazette under this section, amend or revoke a previous order under this section.
47. No construction on corridor land without consent
(1) Despite anything in any Act, a person is not to construct anything on corridor land unless the Rail Corridor Minister has agreed in writing or the regulations state that the agreement of the Rail Corridor Minister to the construction is not required.
(2) An agreement under subsection (1) is to give the Rail Corridor Minister, in addition to any other remedies that may be specified, the right to remove whatever is to be constructed, and any material used in connection with it, from the corridor land if any other party to the agreement breaches it.
48. Other restrictions on corridor land
(1) Corridor land is subject to restrictions under this section.
(2) The restrictions are —
(a) that the land is not to be used in a way that is inconsistent with anything that is on, or is being done on, the land in accordance with rights conferred by the Rail Corridor Minister under this Part;
(i) the land is not to be used; and
(ii) statutory powers under any other written law are not to be exercised on or in respect of the land,
in a way or to an extent that could reasonably be expected to materially interfere with the exercise in the future of rights that have been, or might in the future be, conferred by the Rail Corridor Minister under this Part; and
(c) such other restrictions, if any, as are prescribed by the regulations.
(3) The Rail Corridor Minister may refuse to give approval under subsection (2)(b) on the grounds of the likelihood of, or the extent of, the interference referred to in that provision or on any other grounds that the Rail Corridor Minister thinks relevant.
49. Delegation by Rail Corridor Minister
(1) The Rail Corridor Minister may, by a signed instrument of delegation, delegate to a person having an interest in corridor land, either generally or as otherwise provided in the instrument —
(a) the power of approval given by section 48(2)(b); or
(b) any power or duty given to the Rail Corridor Minister by regulations referred to in section 48(2)(c) in respect of the land.
(2) A power or duty in respect of land cannot be delegated under subsection (1) if the land is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997).
50. Certain matters that regulations may deal with
(1) Without limiting the regulations that may be made for the purposes of section 48(2)(c), the regulations may —
(a) make provision for the protection of the corridor land and things on it;
(b) make provision for restricting or prohibiting entry onto corridor land or places or things on it, which may include provisions to do with the erection, maintenance, or removal of gates across public thoroughfares on corridor land;
(c) make provision for the temporary closure or restriction on the use of a public thoroughfare, bridge, or other structure on or adjacent to corridor land for maintenance or in other circumstances.
(2) The regulations may make it an offence to contravene a restriction under section 48, and may prescribe a fine of not more than $10 000 in respect of the offence.
(3) Regulations may make provision as to operational and technical matters arising from corridor land being land that is in the DBNGP corridor (as defined in Part 4 of the Dampier to Bunbury Pipeline Act 1997).
51. Power of entry
A person authorized by the Rail Corridor Minister to exercise the powers of entry given by this Division, or any of them, may exercise those powers for doing things for the protection of corridor land and things on it.
52. Assistants and equipment
Entry under this Division may be made with such assistants and equipment as are considered necessary for the purpose for which entry is required.
53. General procedure for entering property
(1) Except in an emergency or if the entry is authorized by the warrant of a justice, entry by or on behalf of the Rail Corridor Minister on to any land, premises or thing is not lawful unless —
(a) the consent of the owner or occupier has been obtained; or
(b) notice has been given under section 54.
(2) If notice has been given under section 54, a person authorized by the Rail Corridor Minister to do so may lawfully enter the land, premises or thing without the consent of the owner or occupier unless the owner or occupier or a person authorized by the owner or occupier objects to the entry.
54. Notice of entry
(1) A notice of an intended entry is to be given to the owner or occupier of the land, premises or thing that is to be entered.
(2) The notice is to specify the purpose for which the entry is required and continues to have effect for so long as that requirement continues.
(3) The notice is to be given not less than 24 hours before the power of entry is exercised.
(4) Successive entries for the purpose specified in the notice are to be regarded as entries to which that notice relates.
55. Entry under warrant
(2) A warrant may be granted under subsection (1) where a justice is satisfied that the entry is reasonably required but —
(a) entry has been refused or is opposed or prevented;
(b) entry cannot be obtained; or
(c) notice cannot be given under section 54 without unreasonable difficulty or without unreasonably delaying entry.
(3) A warrant granted under subsection (1) —
(a) is to be in the prescribed form;
(b) is to specify the purpose for which the land, premises or thing may be entered; and
(c) continues to have effect until the purpose for which it was granted has been satisfied.
56. Entry in an emergency
(1) In an emergency the Rail Corridor Minister, by its authorized persons, may lawfully enter any land, premises or thing immediately and without notice and do what it considers appropriate to deal with the emergency.
(2) For the purposes of this section, an emergency exists where the Rail Corridor Minister is of the opinion that the circumstances are such that compliance with the requirements for obtaining entry other than under this section would be impractical or unreasonable because of, or because of the imminent risk of —
(a) injury or illness to any person;
(b) a natural or other disaster or emergency; or
(c) such other occurrence as is prescribed for the purposes of this section.
(3) A person exercising the power of entry given by subsection (1) may use reasonable force.
(4) The power of entry given by subsection (1) may be exercised at any time while the emergency exists and for so long subsequently as is reasonably required.
(5) Although notice of an intended entry under this section is not generally required, the Rail Corridor Minister is to give notice of an intended entry of land under this section to the owner or occupier of the land where it is practicable to do so.
57. Purpose of entry to be given on request
A person who enters or who has entered any land, premises or thing on behalf of the Rail Corridor Minister is to give particulars of the authority for that entry on being requested to do so.
Part 4 — Miscellaneous
58. Civil penalty
(1) An agreement under section 13 or an instrument under which a person holds an interest in corridor land under Part 3 may provide for a party to be liable to pay an amount determined under the agreement or instrument, by way of civil penalty, in respect of a breach of the agreement or instrument.
(2) The agreement or instrument may provide for an increase in the amount of the civil penalty because of each day or part of a day during which a breach continues.
(3) A civil penalty provided for in accordance with this section is recoverable even though no damage may have been suffered or the penalty may be unrelated to the extent of any damage suffered.
59. Regulations
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.
Part
Division
60. The Act amended
The amendments in this Division are to the Government Railways (Access) Act 1998*.
[*Act No. 49 of 1998.]
61. Long title amended
The long title is amended as follows:
(a) by deleting “use of government railways for rail operations by persons other than the Western Australian Government Railways Commission” and inserting instead —
“
use of certain facilities for rail operations by persons other than their owners
”;
(b) by deleting “administrative arrangements that the Commission is” and inserting instead —
“ arrangements that railway owners are ”.
62. Section 1 amended
Section 1 is amended by deleting “Government”.
63. Section 2A inserted
After section 2, the following section is inserted —
“
2A. Object of the Act
The main object of this Act is to establish a rail access regime that encourages the efficient use of, and investment in, railway facilities by facilitating a contestable market for rail operations.
”.
64. Section 3 amended
(1) Section 3 is amended as follows:
(a) in the definition of “access agreement”, by deleting “the Commission” and inserting instead —
“ a railway owner ”;
(b) by deleting the definition of “railway” and inserting instead the following definition —
“
“Government railway” means a railway, as defined in section 2 of the Government Railways Act 1904, that is under the management and control of the Commission as provided by section 13 of that Act;
”;
(c) in the definition of “railway infrastructure”, by deleting paragraph (h) and inserting instead the following paragraph —
“
(h) sidings or spur lines that are excluded by subsection (3) or (4) from being railway infrastructure associated with the railway concerned;
”;
(d) by inserting after the definition of “railway infrastructure” the following definitions —
“
“railway owner” means the person having the management and control of the use of the railway infrastructure;
“railways network” means —
(a) all the railways that were Government railways when this Act received the Royal Assent;
(b) all the railways that are on land that is corridor land as defined in the Rail Freight System Act 2000; and
(c) any railway declared under subsection (2) to be a part of the railways network;
”.
(2) Section 3 is amended by inserting before “In this Act, unless the contrary intention appears” the subsection designation “(1)”.
(3) At the end of section 3 the following subsections are inserted —
“
(2) If a railway (the “new railway”) is constructed after this Act receives the Royal Assent and the new railway is connected to a railway that is a part of the railways network, the Minister may, by order published in the Gazette, declare the new railway to be a part of the railways network.
(3) If a siding associated with a railway is managed and controlled by a different person from the person who manages and controls the use of the railway, the siding is not railway infrastructure of the railway for the purposes of this Act.
(4) If a spur line associated with a railway is connected to premises managed and controlled by a different person from the person who manages and controls the use of the railway, the spur line is not railway infrastructure of the railway for the purposes of this Act unless the Minister, by order published in the Gazette, declares that it, or any of it, is railway infrastructure of the railway.
”.
65. Sections 3A and 3B inserted
After section 3 the following sections are inserted —
“
3A. Scope of access rights clarified
(1) Without limiting the kinds of rights that can arise under an access agreement, those rights may entitle a person who has access to railway infrastructure to —
(a) use land managed and controlled by the railway owner;
(b) construct and operate a rail or other connection to the railway infrastructure,
for the purpose of exercising those rights.
(2) Accordingly, the provisions of this Act about agreements and determinations to do with access extend to the matters described in subsection (1).
3B. Access rights may bind person through whom title derives in certain cases
(1) If the right of the railway owner to manage and control the use of railway infrastructure is for a limited term or is subject to any other restriction imposed by the person through whom the railway owner derives those rights, the railway owner cannot give any right of access greater than the railway owner has.
(2) Upon the premature termination of the railway owner’s right to manage and control the use of railway infrastructure (whether for default or any other reason) —
(a) any right of access given by the railway owner continues as if it had been given by the person for the time being having the right to manage and control the use of the railway infrastructure (“the current railway owner”); and
(b) an agreement under which the right of access arises has effect, with any necessary modifications, as if the current railway owner were the person who had entered into the agreement as the railway owner,
unless within 3 months after the premature termination the current railway owner or any other party to the agreement gives to each other party notice in writing that the right of access and agreement are to terminate prematurely, in which case the right of access and agreement terminate at the time specified in the notice (being a time that is at least one month after the time when the notice was given), or the earliest time specified if more than one party gives notice under this subsection.
”.
66. Section 4 amended
(1) Section 4(1) is amended by inserting after “railways” the following —
“ to which the Code applies ”.
(2) Section 4(2)(a) is amended by deleting “Commission” in both places where it occurs and inserting instead —
“ railway owner ”.
(3) After section 4(2)(b), “and” is deleted.
(4) Section 4(2)(c) is amended —
(a) by deleting “and” after subparagraph (i);
(b) by deleting the fullstop at the end of subparagraph (ii) and inserting instead —
“ ; and ”;
(c) after subparagraph (ii), by inserting the following —
“
(iii) duties and requirements in relation to the provision of access that are to be complied with by the railway owner; and
”.
(5) After section 4(2)(c), the following paragraph is inserted —
“
(d) for the Regulator to have supervisory and other functions for the purposes of the Code, including a function of determining certain requirements in relation to access that are to be binding on the railway owner, a person making a proposal for access under the Code, and an arbitrator.
”.
(6) After section 4(2), the following subsection is inserted —
“
(3) Provision may be made in the Code to exclude its application to interstate services and, for that purpose, to define what is an interstate service.
”.
67. Section 6 amended
(1) Section 6(1)(b) is amended by deleting “the Commission” and inserting instead —
“ a railway owner ”.
(2) After section 6(1)(c), the following paragraph is inserted —
“ (ca) the functions of the Regulator; ”.
68. Section 7 amended
Section 7(a) is amended by deleting “the Commission” and inserting instead —
“ a railway owner ”.
69. Section 11A inserted
After section 11 the following section is inserted —
“
11A. Consultation with railway owners on amendment or replacement of Code
(1) Without limiting section 10, if the Minister considers that a proposed amendment or replacement of the Code may affect a railway owner, the Minister must consult with the railway owner and have regard to any submissions that the railway owner makes in relation to the proposal.
(2) If a railway owner considers that the Code, or a provision of it, has, as a result of altered circumstances, become unreasonable or inappropriate in its application to the railway owner, the railway owner may make a submission to the Minister requesting that the Code be amended or be repealed and replaced.
(3) The Minister must consider a submission made under subsection (2) and, if requested by the railway owner, consult with the railway owner in relation to it.
”.
70. Section 12 amended
Section 12(2) is amended by inserting after “railways” the following —
“ to which the Code applies ”.
71. Section 15 amended
Section 15(a) is amended by deleting “the Commission” and inserting instead —
“ railway owners ”.
72. Section 20 amended
Section 20(2) is amended by deleting “the Commission’s” and inserting instead —
“ a railway owner’s ”.
73. Section 21 amended
(1) Section 21(1) is amended as follows:
(a) by deleting “require the Commission” and inserting instead —
“ require a railway owner ”;
(b) in paragraph (c), by deleting “Commission” and inserting instead —
“ railway owner ”.
(2) Section 21(2) is amended by deleting “The Commission” and inserting instead —
“ A railway owner ”.
(3) At the end of section 21 the following penalty provisions are inserted —
“
Penalty: $100 000.
Daily penalty: $20 000.
”.
74. Sections 22A to 22D inserted
After section 22 the following sections are inserted —
“
22A. Power of entry
(1) The Regulator may, for the purposes of this Act, enter any premises that are used in connection with the operation of a part of the railways network to which the Code applies and inspect the premises or anything in or on the premises.
(2) A railway owner must facilitate any entry and inspection under subsection (1).
Penalty: $100 000.
22B. Obstruction and deception
(1) A person must not hinder or obstruct the Regulator exercising any power conferred by this Division.
Penalty: $100 000.
(2) A person must not give information to the Regulator acting under this Division that the person knows to be false or misleading in a material particular.
Penalty: $100 000.
22C. Legal professional privilege
Nothing in this Division prevents a railway owner from refusing to —
(a) send a statement or otherwise give information; or
(b) produce or send a book, document or record,
because the information would be, or the book, document or record contains, information in respect of which the railway owner claims legal professional privilege.
22D. Self‑incrimination
An individual is not excused from complying with a requirement under section 21 on the ground that to do so might incriminate the individual or render the individual liable to a penalty, but —
(a) a statement or return sent or given by the individual that was made or brought into existence to comply with the requirement; or
(b) the fact that a book, document, or record produced or sent by the individual to comply with the requirement was produced or sent,
is not admissible in evidence in any civil or criminal proceedings against the individual other than proceedings for perjury or for an offence against this Act arising out of the false or misleading nature of the information given.
”.
75. Section 23 amended
At the end of section 23 the following penalty provision is inserted —
“ Penalty: $100 000. ”.
76. Heading to Part 4 amended
The heading to Part 4 is amended by deleting “of the Commission”.
77. Section 24 amended
Section 24 is amended in the definition of “relevant officer” by deleting “of the Commission” and inserting instead —
“ or employee of a railway owner ”.
78. Section 25 amended
Section 25 is amended by deleting “by the Commission”.
79. Section 28 amended
(1) Section 28(1) is amended by deleting “In making arrangements under section 26 the Commission must” and inserting instead —
“ A railway owner must make arrangements to ”.
(2) Section 28(2) is amended by deleting “The Commission” and inserting instead —
“ A railway owner ”.
80. Section 29 amended
(1) Section 29(1) is amended by deleting “the Commission” and inserting instead —
“ a railway owner ”.
(2) Section 29(2) is amended as follows:
(a) by deleting “the Commission” in the first place where it occurs and inserting instead —
“ a railway owner ”;
(b) by deleting “Commission’s” and inserting instead —
“ railway owner’s ”;
(c) by deleting “Commission” in the last place where it occurs and inserting instead —
“ railway owner ”.
(3) Section 29(3) is amended as follows:
(a) by deleting “the Commission” in the first place where it occurs and inserting instead —
“ a railway owner ”;
(b) by deleting “Commission” in the second place where it occurs and inserting instead —
“ railway owner ”.
(4) At the end of section 29 the following subsection is inserted —
“
(4) If a railway owner fails to comply with —
(a) an arrangement, or varied arrangement, approved under subsection (1);
(b) an agreement reached under subsection (2); or
(c) a direction given under subsection (3),
the railway owner commits an offence.
Penalty: $100 000.
”.
81. Section 30 amended
Section 30 is amended by deleting “the Commission” and inserting instead —
“ a railway owner ”.
82. Section 31 amended
(1) Section 31(1)(b) is amended by deleting “of the Commission” and inserting instead —
“ or employees of the railway owner ”.
(2) Section 31(2) is amended in paragraph (c) of the definition of “confidential information” by deleting “an officer” and inserting instead —
“ a person ”.
83. Section 32 amended
Section 32 is amended as follows:
(a) by deleting “26” and inserting instead —
“ 28 ”;
(b) by deleting “an officer” in each of paragraphs (a) and (b) and inserting instead —
“ a person ”;
(c) by deleting “Commission” in paragraph (b) and inserting instead —
“ railway owner ”.
84. Section 33 amended
Section 33 is amended by deleting “Commission” and inserting instead —
“ railway owner ”.
85. Section 34 amended
Section 34 is amended as follows:
(a) by deleting “The Commission” and inserting instead —
“ A railway owner ”;
(b) in paragraph (a), by deleting “Commission’s” and inserting instead —
“ railway owner’s ”.
86. Section 34A inserted
Before section 35, in Part 5, the following section is inserted —
“
34A. Prohibitions on hindering or preventing access
(1) The railway owner in relation to a part of the railways network to which the Code applies must not engage in conduct aimed at hindering or preventing —
(a) access by any person to that part of the railways network for the purpose of carrying on rail operations to which the Code applies;
(b) the making of access agreements or any particular agreement in respect of that part of the railways network; or
(c) the access to which a person is entitled under an access agreement or a determination made by way of arbitration.
(2) A person who has access under an access agreement must not engage in conduct aimed at hindering or preventing access by another person to any part of the railways network to which the Code applies.
(3) Subsections (1) and (2) do not apply to conduct that the railway owner, or a person referred to in subsection (2), is entitled to engage in under this Act, the Code or some other written law or under an access agreement.
Penalty: $100 000.
Daily penalty: $20 000.
”.
87. Section 36 amended
Section 36(1) is amended by deleting “on the Commission”.
88. Section 37 amended
Section 37(1) is amended by deleting “the Commission” and inserting instead —
“ a person ”.
89. Public comment on certain Code changes not required
Sections 10 and 11A(1) of the Railways (Access) Act 1998 do not apply to any amendment that the Minister may make to the Code provided for by that Act, whether directly or by repealing and replacing the Code, to the extent that in the Minister's opinion the amendment is necessary or expedient to make the Code consistent with, or appropriate to give effect to, that Act as amended by this Part.
Division 2 — Government Railways Act 1904
90. The Act amended
The amendments in this Division are to the Government Railways Act 1904*.
[* Reprinted as approved 27 October 1982.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 108‑9, and Act No. 49 of 1998.]
91. Section 13 amended
(1) Section 13(1a) is amended as follows:
“
(ca) the Rail Freight System Act 2000;
”.
(2) If the day fixed under section 2(1)
“ the Rail Freight System Act 2000, and ”.
92. Section 19 inserted
After section 18 the following section is inserted —
“
19. Commission may operate on corridor land under the Rail Freight System Act 2000
The Commission may, for the purpose of performing any of its functions under this Act, use any land that is corridor land under the Rail Freight System Act 2000 or any facility on corridor land by agreement with the person having the management and control of the use of the land or facility.
”.
93. Section 61 amended
Section 61(5) is amended by deleting “Government”.
Division 3 — Hire‑Purchase Act 1959
94. The Act amended
The amendments in this Division are to the Hire‑Purchase Act 1959*.
[*Reprinted as at 5 February 1986.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 116.]
95. Section 2A amended
(1) Section 2A(2) is amended by inserting after “Government purposes” the following —
“ or the purpose prescribed in subsection (2a) ”.
(2) After section 2A(2) the following subsection is inserted —
“
(2a) The purpose referred to in subsection (2) is the purpose of providing rail freight services that are available to the public, whether or not those services are to be provided by or on behalf of the State.
”.
Division 4 — Land Administration Act 1997
96. The Act amended or modified
The amendments or modifications in this Division are to the Land Administration Act 1997*.
[* Act No. 30 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 136.]
97. Heading amended
The heading to Part 9, Division 1, Subdivision 3 is amended by deleting “to other Ministers”.
98. Section 159 amended
Section 159 is amended by inserting after paragraph (b) the following paragraph —
“
(ba) the Rail Corridor Minister established by section 32(1) of the Rail Freight System Act 2000;
”.
99. Section 160 amended
Section 160 is amended as follows:
(a) in each of subsections (1) and (2), by inserting after “A Minister” the following —
“ or body ”;
(b) in subsection (1), by inserting after paragraph (b) the following paragraph —
“
(ba) in the case of the Rail Corridor Minister established by section 32(1) of the Rail Freight System Act 2000, to the chief executive officer of the department principally assisting the Rail Corridor Minister in the administration of Part 3 of that Act or to any other officer of that department;
”.
100. Sections 187‑191 not to apply
Sections 187 to 191 do not apply to or in relation to corridor land.
101. Taking of land to be as if for the conferral of rights
When applying the Land Administration Act 1997, the taking of land for the purpose of dealing with it as corridor land under this Act is to be regarded as being for the purpose of, and the land is to be regarded as being required for the purpose of, the grant of interests in the land under this Act, whether or not interests have already been granted under this Act in respect of the land.
Division 5 — Land Tax Assessment Act 1976
102. Schedule Part I clause 1 amended
Clause 1 of Part I of the Schedule to the Land Tax Assessment Act 1976* is amended as follows —
(a) in paragraph (b) by inserting before “Where” the subparagraph designation “(i)”;
(b) by inserting the following subparagraph —
“
(ii) Subparagraph (i) does not apply to or in respect of a person who, under paragraph (b) or (c) of the interpretation of “owner” in section 5, is an owner of corridor land as defined in section 3 of the Rail Freight System Act 2000 by reason of holding an interest granted under section 42(1)(a) of that Act.
”
[* Reprinted as at 30 July 1996.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 137‑8.]
Division 6 — National Rail Corporation Agreement Act 1992
103. The Act amended
The amendments in this Division are to the National Rail Corporation Agreement Act 1992*.
[* Act No. 56 of 1992.]
104. Section 5B amended
Section 5B(2)(a) is amended by deleting “Government”.
Division 7 — Town Planning and Development Act 1928
105. Section 20
Section 20(1) of the Town Planning and Development Act 1928* does not apply to —
(a) a disposal of an interest in corridor land;
(b) a disposal under Part 2; or
(c) any conveyance to give effect to a disposal described in paragraph (a) or (b).
[* Reprinted as at 21 February 1996.
For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp. 253‑4.]
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Act Minister....................................................................................................................31
asset..................................................................................................................................22
assignee...........................................................................................................................22
Commission.......................................................................................................................3
Commission’s rail freight business................................................................................3
corridor land......................................................................................................................3
corridor land order............................................................................................................3
former Government railway land..............................................................................42(7)
government railway land...............................................................................................31
Government railway.....................................................................................................8(6)
liability..............................................................................................................................22
Rail Corridor Minister.....................................................................................................31
relevant official................................................................................................28(4), 41(6)
relevant property........................................................................................................28(4)
right...................................................................................................................................22
specified......................................................................................................................24(2)
transfer order...................................................................................................................22
transfer time.....................................................................................................................22