After section 11A the
following section is inserted —
“
11B. Exception to sections 10 to 11A
(1) Sections 10 to 11A
do not apply if, in making an amendment to the Code, the Minister states that
the amendment is made under this section for the purpose of the application of
the Code to the railway constructed pursuant to the TPI Railway and Port
Agreement.
(2) Subsection (1)
does not apply to an amendment made after the expiration of the period of 3
years after the day of the coming into operation of the
Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004
section 13.
”.