Transport Infrastructure Amendment (Rail)

Act 1995

Act No. 32 of 1995

An Act about rail infrastructure and other matters

[Assented to 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”).

‘(2) Queensland Rail must, within a reasonable time, construct and

maintain—

(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;

and

(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

constructed.

‘(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

works.

‘(5) The Land Court must 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;

and

(b) according to plans and specifications approved by Queensland

Rail.

‘(8) Queensland Rail must attempt to keep the cost of the further works

to a reasonable level.

‘(9) Until Queensland Rail carries out the works mentioned in

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

works.

‘(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.