Abt Railway Development Act 1999


Published: 2020-02-28

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Abt Railway Development Act 1999

An Act to authorise the construction, maintenance and operation of a railway between Queenstown and Strahan

[Royal Assent 7 July 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Abt Railway Development Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

In this Act –
council means –
(a) the West Coast Council; or
(b) another council or an administrator having functions and powers in relation to Queenstown under the Local Government Act 1993 ;
[Section 3 Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] Forestry corporation means the corporation continued by section 6 of the Forest Management Act 2013 ;
lessee means the person referred to as the lead lessee in the lease relating to the area known as Miners Siding in Queenstown, Tasmania;
Ministerial Corporation means the corporation established under section 5 ;
operator means the person appointed by the Ministerial Corporation to operate the railway;
Queenstown Station means –
(a) the station for the railway at Queenstown; and
(b) any adjacent area used for the operation of the railway at that station;
railway means the railway between Queenstown and Strahan in Tasmania constructed and operated under this Act and known as the Abt Railway;
railway development includes –
(a) the development of a major station in the area known as Miners Siding in Queenstown, Tasmania; and
(b) the development of a maintenance facility in the area known as the Fire Track in Queenstown, Tasmania; and
(c) the clearing of land for railway tracks; and
(d) the construction of any bridges, culverts and other structures necessary to carry sleepers and railway tracks; and
(e) the laying of sleepers and railway tracks; and
(f) the restoration of locomotives; and
(g) the acquisition of rolling stock; and
(h) the construction of any other stations; and
(i) any other activity incidental to the construction, maintenance and operation of a railway;
Recorder of Titles means the Recorder of Titles appointed under the Land Titles Act 1980 ;
Register means the register of title referred to in section 33 of the Land Titles Act 1980 ;
utility service includes the supply and maintenance of water, sewerage, electricity, gas or telecommunications;
[Section 3 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] Valuer-General means the Valuer-General appointed under the Valuation of Land Act 2001 .

4.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - ABT Railway Ministerial Corporation

5.   Ministerial Corporation

(1)  The Abt Railway Ministerial Corporation is established.
(2)  The Ministerial Corporation consists of the Minister and –
(a) is a body corporate; and
(b) has perpetual succession; and
(c) has a corporate seal; and
(d) may sue and be sued in its corporate name; and
(e) may do and suffer all things that a corporation may by law do and suffer and that are necessary for or incidental to the purpose for which it is established; and
(f) is a statutory body representing the Crown for the purposes of any Act.
(3)  The seal is to be kept and used as authorised by the Ministerial Corporation.
(4)  All courts and persons acting judicially are to take judicial notice of –
(a) the imprint of the seal on any document presuming that it was duly sealed; and
(b) the signature of the Minister on any document signed by the Minister on behalf of the Ministerial Corporation.

6.   Functions of Ministerial Corporation

The functions of the Ministerial Corporation are –
(a) to arrange for any necessary approval to undertake the railway development; and
(b) to construct or arrange for the construction of the railway development; and
(c) [Section 6 Amended by No. 58 of 2013, s. 4, Applied:19 Nov 2013] to operate, or to arrange for a person to operate, the railway development; and
(d) to facilitate associated developments in the vicinity of the railway.

7.   Powers of Ministerial Corporation

The Ministerial Corporation may –
(a) purchase, exchange, take on hire or lease, hold, dispose of, manage, use or otherwise deal with real or personal property; and
(b) enter into any agreement or contract in order to carry out its functions; and
(c) undertake any other activity it considers necessary to perform its functions under this Act.

8.   Delegations

The Ministerial Corporation, in writing, may delegate to a person the exercise of any of its functions or powers, other than this power of delegation.
PART 3 - Development and operations

9.   Land acquired from Forestry corporation

(1)  Compensation is not payable in respect of any land compulsorily acquired from the Forestry corporation for the purpose of this Act.
(2)  Any land compulsorily acquired from the Forestry corporation is to be transferred back to the Forestry corporation if it is no longer required for the purpose of this Act.

10.   Acquisition of land

(1)  The Ministerial Corporation may acquire land, including Crown land, under the Land Acquisition Act 1993 for the purpose of the railway development as if it were an acquiring authority under that Act.
(2)  Any land acquired pursuant to subsection (1) is vested free from any mortgage, encumbrance or any other interest in land.

11.   Sale of land

(1)  The Ministerial Corporation may sell any land acquired pursuant to section 10 , or any estate or interest in the land, to any person on any terms it considers appropriate.
(2)  Before the Ministerial Corporation sells any land, the Valuer-General is to fix the reserve price of the land.
(3)  The Ministerial Corporation is not to sell any land at a price that is less than the reserve price fixed by the Valuer-General for that land.

12.   Changes to titles of land

(1)  The Ministerial Corporation may request the Recorder of Titles to re-arrange any folio of the Register relating to any land used for the purpose of the railway development.
(2)  On receipt of the request, the Recorder of Titles is to re-arrange any folio of the Register as the Recorder of Titles considers appropriate.
(3)  [Section 12 Subsection (3) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001] .  .  .  .  .  .  .  .  
(4)  Any variation or change made under this section does not constitute a subdivision within the meaning of the Local Government (Building and Miscellaneous Provisions) Act 1993 .

13.   Vegetation control

(1)  The operator, with the approval of the Ministerial Corporation, may trim or remove trees and other vegetation on or in the vicinity of the railway for the purpose of –
(a) maintaining safety of –
(i) any person on or in the vicinity of the railway; or
(ii) any locomotive, rolling stock or other vehicles on or in the vicinity of the railway; or
(b) preventing weed growth on or in the vicinity of the railway; or
(c) reducing the risk of fire on or in the vicinity of the railway; or
(d) any other matter considered necessary for the efficient and safe operations of the railway development and the railway.
(2)  The operator is to submit to the Ministerial Corporation a plan for vegetation control.
(3)  If the Ministerial Corporation approves the plan, it may give approval for the purpose of subsection (1) .

14.   Use of ballast

Despite the Mineral Resources Development Act 1995 , the Ministerial Corporation may approve the use of specified amounts of gravel or other rock-based material found on or in the vicinity of the railway for the purpose of ballast for use in the railway development or maintenance of the railway.

15.   Use of certain area

The Ministerial Corporation, after consultation with the council and the lessee, may determine that any area at Queenstown Station be used or not be used for commercial activities.

16.   Tourism developments

(1)  The Ministerial Corporation may identify a potential site for the development of any tourism venture in any area that is in close proximity to the railway.
(2)  The Ministerial Corporation may acquire under the Land Acquisition Act 1993 land identified as a potential site under subsection (1) as if it were an acquiring authority under that Act if the land is –
(a) more than 1 hectare in area; and
(b) owned by the Crown or by a Government Business Enterprise as defined in the Government Business Enterprises Act 1995 .
(3)  The Ministerial Corporation may lease for periods up to 99 years or sell the land acquired –
(a) if the owner is the Crown, after consultation with the Minister administering the Crown Lands Act 1976 ; or
(b) [Section 16 Subsection (3) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] if the owner is the Forestry corporation, after consultation with the Minister administering the Forest Management Act 2013 .

17.   Signs

The Ministerial Corporation may erect on land it owns or controls any sign that it considers appropriate in relation to the railway development.

18.   Damage to railway development or railway

(1)  A person must not cause damage to the railway or to any fence, road or utility service in the course of the railway development.Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
(2)  A person who causes any damage referred to in subsection (1) must repair the damage or cause the damage to be repaired if required to do so by the Ministerial Corporation.Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

19.   Excavations

(1)  Any person who proposes to undertake any excavation of land within 5 metres of any railway track that is part of the railway must notify the Ministerial Corporation within 48 hours before doing the excavation.Penalty:  Fine not exceeding 50 penalty units.
(2)  The Ministerial Corporation may give any directions it considers necessary in relation to the excavation.
(3)  A person must comply with any directions of the Ministerial Corporation in relation to the excavation of land.Penalty:  Fine not exceeding 50 penalty units.

20.   Adjoining lands

(1)  A person authorised by the Ministerial Corporation to undertake railway development or the maintenance of the railway may enter land adjoining land owned or controlled by the Ministerial Corporation for that purpose.
(2)  A person entering land under subsection (1) must not enter a domestic dwelling on that land without the permission of the owner or occupier.Penalty:  Fine not exceeding 10 penalty units.

21.   Road crossings

If a road crosses the railway, the person responsible for the road is to maintain the road to where it meets the rail tracks of the railway.
PART 4 - Miscellaneous

22.   Appointment of inspectors

(1)  The Ministerial Corporation may appoint any person as an inspector.
(2)  The Ministerial Corporation is to issue an inspector with an identification card showing –
(a) the name of the inspector; and
(b) the period of appointment; and
(c) the powers and functions of the inspector; and
(d) a recent photograph of the inspector.

23.   Powers and functions of inspectors

(1)  An inspector may –
(a) require a person to leave an area controlled or owned by the Ministerial Corporation; and
(b) do anything necessary to carry out any function.
(2)  An inspector is to –
(a) ensure the safety of persons in or on any area owned or controlled by the Ministerial Corporation; and
(b) carry out any other functions the Ministerial Corporation determines.

24.   Protection of merchandise

(1)  A person, without the approval of the Ministerial Corporation, must not –
(a) manufacture, produce, display or sell any goods depicting a locomotive of the railway; or
(b) depict by any other means the operation of the railway.
Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(2)  A person may apply for approval in writing to the Ministerial Corporation.
(3)  Approval is not necessary in relation to any –
(a) book; or
(b) brochure, pamphlet or other promotional publication; or
(c) any other material the Ministerial Corporation determines.
(4)  The Ministerial Corporation is not to unreasonably withhold approval in respect of an activity referred to in subsection (1) that existed immediately before the commencement of this Act.
(5)  In giving approval, the Ministerial Corporation may impose any condition it considers appropriate.
(6)  A person must comply with a condition imposed under subsection (5) .Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

25.   Protection of name

(1)  A person must not use for a commercial purpose the following names or any combination of those names without the approval of the Ministerial Corporation:
(a) Abt Railway;
(b) Abt Wilderness Railway;
(c) Abt Heritage Railway.
Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
(2)  In giving approval for the use of a name, the Ministerial Corporation may impose any condition on that use it considers appropriate.
(3)  A person must comply with a condition imposed under subsection (2) .Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

26.   Immunity from liability

(1)  An action does not lie against the Crown, the Ministerial Corporation, an inspector or a person approved by the Ministerial Corporation in relation to any nuisance caused directly or indirectly from the railway development or the operation of the railway.
(2)  An inspector or any other person, other than the Ministerial Corporation, does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of any function or power under this Act.
(3)  This section does not affect any right of a person to take action in respect of any material damage to the person's property caused as a result of the railway development or the operation of the railway.

27.    Boundary Fences Act 1908 not apply

(1)  The provisions of the Boundary Fences Act 1908 do not apply in relation to any land owned or controlled by the Ministerial Corporation.
(2)  The Ministerial Corporation is not liable under the Boundary Fences Act 1908 to make any contribution towards the construction, or repair, of any dividing fence between the land of any owner and any land owned or controlled by it.
(3)  The Ministerial Corporation or operator is not liable for any damage that may be caused because the railway is not fenced off.

28.   Non-application of other Acts

(1)  The Minister, by order published in the Gazette, may declare that a provision of any Act, other than the Environmental Management and Pollution Control Act 1994 and the Land Use Planning and Approvals Act 1993 , does not apply to the railway development or the railway.
(2)  The order takes effect on the day of publication of the order in the Gazette.
(3)  The Subordinate Legislation Committee Act 1969 applies to the order as if it were a regulation within the meaning of that Act.

29.   Application for permits

Section 52 of the Land Use Planning and Approvals Act 1993 does not apply in respect of an application for a permit under that Act relating to the railway development but the person intending to make application is to –
(a) advise by certified mail all owners of land in respect of which the permit is required of that intention; and
(b) attach to the application a declaration that the advice has been sent; and
(c) publish a notice in a newspaper circulating in the area that the application is being made.

30.   

[Section 30 Repealed by No. 64 of 2009, s. 180, Applied:24 Nov 2010] .  .  .  .  .  .  .  .  

31.   Annual report

(1)  Within 4 months after the end of each financial year, the Minister is to make a report to Parliament on the activities of the Ministerial Corporation in that financial year.
(2)  The report may be by a statement in an annual report from an Agency for which the Minister is responsible.

32.   By-laws

(1)  The Ministerial Corporation may make by-laws in relation to –
(a) the conduct, maintenance, management and control of the railway development and the railway; and
(b) the carrying out of any necessary works; and
(c) the management and improvement of lands owned or controlled by it; and
(d) the conduct of members of the public on the railway or other land managed and controlled by it; and
(e) the removal of persons contravening or failing to comply with the by-laws.
(2)  The by-laws may provide that a contravention of or a failure to comply with any of the by-laws is an offence.
(3)  The Ministerial Corporation is to cause notice of the making of by-laws to be published in the Gazette and displayed at each end of the railway.
(4)  The by-laws are –
(a) statutory rules for the purpose of the Rules Publication Act 1953 ; and
(b) subordinate legislation for the purpose of the Subordinate Legislation Act 1992 .

33.   Regulations

The Governor may make regulations for the purpose of this Act.

34.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –
(a) the administration of this Act is assigned to the Minister for State Development; and
(b) the department responsible to the Minister for State Development in relation to the administration of this Act is the Department of State Development.