After section 11B
insert:
12A. Modification of the Code for the purposes of
the Railway (Roy Hill Infrastructure) Agreement
(1) The Minister may,
under this section, modify the Code for the purposes of its application to the
railway constructed pursuant to the Railway (Roy Hill Infrastructure)
Agreement.
(2) If, after the
Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 section 9 has
come into operation, the railway constructed pursuant to the Railway (Roy Hill
Infrastructure) Agreement is expanded or extended (including by the addition
of a spur line), the Minister must, under this section, modify the Code so
that it applies to the expansion or extension.
(3) Section 5 (where
relevant) and sections 10 to 11A do not apply to or in relation to a
modification under this section.
(4) Modifications
under this section are to be made by order published in the Gazette .
(5) Modifications
under or for the purposes of subsection (2) are not amendments of the Code for
the purposes of section 9(2) to (6) of this Act.