Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Roads Act 1993 (the Principal Act) to:

(a) clarify that road work carried out under the Principal Act by the Roads and
Traffic Authority (the RTA) may include the construction or installation of rail
infrastructure on or in the vicinity of a road for the purposes of the use of the
road as a road, and

(b) clarify that if the RTA carries out road work on, over, below or in the vicinity
of a private railway:

        (i) the private railway is not to be taken to have been severed, closed or
otherwise unused, and
        (ii) any entitlement a person would have to compensation under the
Principal Act or the Land Acquisition (Just Terms Compensation) Act
1991 resulting from the carrying out of the road work in relation to the
private railway continues to apply.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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Explanatory note page 2

Roads Amendment (Private Railways) Bill 2010
Explanatory note
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Schedule 1 Amendment of Roads Act 1993 No 33
Schedule 1 [1] provides for the effect of road work on private railways. Specifically,
it provides that:

(a) a private railway is not taken to have been severed, closed or otherwise not
used merely because the RTA carried out road work on, over, below or in the
vicinity of the railway, and

(b) any entitlement a person would have to compensation under the Principal Act
or the Land Acquisition (Just Terms Compensation) Act 1991 resulting from
the carrying out of the road work in relation to the private railway continues to
apply.

Schedule 1 [2] amends the definition of road work in the Dictionary at the end of the
Principal Act to provide that road work includes the construction or installation of
rail infrastructure on or in the vicinity of a road for the purposes of the use of the road
as a road.

Schedule 1 [3] makes a related amendment to the definition of road work and
provides that road work includes not only any kind of work, building or structure
constructed or installed on or in the vicinity of a road for the purposes of the use of
the road as a road but also any kind of work, building or structure that is relocated on
or in the vicinity of the road for that purpose.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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