Transport Infrastructure Amendment (Rail)
Act No. 32 of 1995
An Act about rail infrastructure and other matters
14 June 1995]
Part of Act
Works for existing railways
71ZZY.(1) This section applies—
(a) while a railway existing at the commencement (the “existing
railway”) continues to be operated as a railway; and
(b) to the owners and occupiers of land next to the existing railway
(the “neighbouring land”).
Rail must, within a reasonable time, construct and Queensland
(a) works that are necessary to make good any interruptions caused
by the existing railway to the use of the neighbouring land; and
(b) works that are necessary to—
(i) separate the existing railway from the neighbouring land;
(ii) protect the stock straying from the neighbouring land onto
the railway; and
(c) sufficient works to ensure the neighbouring land’s drainage is as
good, or nearly as good, as it was before the existing railway was
‘(3) Queensland Rail may satisfy its obligation under subsection (2)(b)
by constructing and maintaining a fence of substantially similar quality to
any fence around the neighbouring land when the railway was constructed.
‘(4) This section does not require Queensland Rail to—
(a) construct or maintain works in a way that would prevent or
obstruct the use of the existing railway; or
(b) construct or maintain works for owners or occupiers who agreed
to receive, and have been paid, compensation in place of the
Land Courtmust decide any dispute about the adequacy of
works or maintenance under this section.
‘(6) If the owner or occupier of neighbouring land considers that works
carried out under this section are insufficient for the convenient use of the
land, the owner or occupier may, with Queensland Rail’s agreement, carry
out further works at the owner’s or occupier’s expense.
‘(7) Queensland Rail may, by written notice given to the owner or
occupier, require the further works to be carried out—
(a) under the supervision of a person nominated by Queensland Rail;
(b) according to plans and specifications approved by
‘(8) Queensland Rail must attempt to keep the cost of the further works
to a reasonable level.
Rail carries out the works mentioned in Queensland
subsection (2), the owner or occupier of the neighbouring land, and their
employees and agents, may cross the existing railway next to the land with
vehicles and livestock.
‘(10) The crossing must be made directly, and in a way that is safe and
does not damage or obstruct the railway.
‘(11) However, subsection (9) does not apply to an owner or occupier
who agreed to receive, and has been paid, compensation in place of the
‘(12) A person must shut and lock a gate set up under this section at
either side of an existing railway as soon as the person, and any vehicles or
livestock in the person’s care, have passed through the gate.
Maximum penalty for subsection (12)—10 penalty units.