Tasmanian Numbered Acts

RAIL INFRASTRUCTURE ACT 2007 (NO. 36 OF 2007)

- Act 36 of 2007
- Royal Assent 28 September 2007

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Application of Act – the rail network
   5.      Act binds Crown
   6.      Act prevails over certain other Acts

   PART 2 - Railway Entities

   7.      Rail Infrastructure Owner
   8.      Rail Infrastructure Manager
   9.      Rolling Stock Operator
   10.     Status of railway entities for owner accreditation under Rail Safety Act 1997
   11.     Responsible public land manager for gas and electricity infrastructure approvals

   PART 3 - Lands and Planning

           Division 1 - Land acquisition

   12.     Minister may acquire land for railway purposes

           Division 2 - Rail planning corridors

   13.     Interpretation of Division
   14.     Declaration of rail planning corridors
   15.     Effect of declarations as regards permitted planning applications
   16.     Effect of declarations as regards discretionary development applications
   17.     Effect of declarations as regards minor amendment of permits
   18.     Effect of declarations as regards compensation and land acquisition

           Division 3 - Miscellaneous

   19.     Planning status of railway works

   PART 4 - Works and Access

           Division 1 - Fencing

   20.     Fencing obligations of Rail Infrastructure Owner

           Division 2 - Railway works and works access

   21.     Emergency works access to adjoining land
   22.     Routine works access to adjoining land – with permission
   23.     Routine works access to adjoining land – without permission
   24.     Clearing obstructions to lines of sight, &c.
   25.     Damage to be made good, &c.
   26.     Control of vegetation
   27.     Demolition, &c., of unlawful works

           Division 3 - Service infrastructure

   28.     Interpretation of Division
   29.     Installation of service infrastructure on rail network
   30.     Compliance with installation conditions
   31.     Removal, &c., of problematic service infrastructure
   32.     Removal, &c., of pre-existing service infrastructure
   33.     Removal, &c., of unlawful service infrastructure
   34.     Relationship to service infrastructure legislation

           Division 4 - Responsibility for railway crossings, &c.

   35.     Interpretation of Division
   36.     Maintenance responsibilities at railway crossings – public roads
   37.     Maintenance responsibilities at established level crossings – private roads
   38.     Construction of new level crossings – private roads
   39.     Compliance with construction conditions
   40.     Railway entity to reinstate public road after removing tracks from level crossing

           Division 5 - Works liabilities

   41.     Liability for forced consequential infrastructure works
   42.     Non-feasance protection for failure to carry out railway works

           Division 6 - Rights and obligations of adjoining landholders

   43.     Right of emergency access to rail network
   44.     Notification and control of major excavations
   45.     Control of drainage

   PART 5 - Miscellaneous

   46.     Service of notices and other documents
   47.     Delegation by Minister
   48.     Regulations
   49.     Amendment of Schedule
   50.     Status of orders
   51.     Administration of Act
   52.     Consequential Amendments
           SCHEDULE 1
           SCHEDULE 2