New South Wales Consolidated Acts
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TRANSPORT ADMINISTRATION ACT 1988 - SECT 99A
Closure and disposal of railway lines
99A Closure and disposal of railway lines
(1) A rail infrastructure owner must not, unless authorised by an Act of
Parliament or an order under subsection (1A), close a railway line.
Minister may, by order published in the Gazette, authorise a
rail infrastructure owner to close any railway line, or part of a railway
line, on land within the Greater Metropolitan Region.
(1B) The Minister may
make an order under subsection (1A) only if satisfied that the closure is
required for the purposes of, or in connection with, State significant
infrastructure within the meaning of the
Environmental Planning and Assessment Act 1979 . An order does not take
effect until the carrying out of the State significant infrastructure is
approved under Part 5.1 of that Act.
(2) For the purposes of this section, a
railway line is closed if the land concerned is sold or otherwise disposed of
or the railway tracks and other works concerned are removed.
(3) For the
purposes of this section, a railway line is not closed merely because a
rail infrastructure owner has entered into an ARTC arrangement or a lease or
other arrangement in respect of it pursuant to an agreement entered into by
the Commonwealth and the State.
(3A) For the purposes of this section, a
railway line is not closed if, in accordance with regulations made under
(a) railway tracks or other works are removed from the railway
(b) a railway infrastructure owner leases the land on which the
railway line is located to a council or joint organisation.
(4) In this
"coastal waters of the State" has the same meaning as in Part 10 of the
Interpretation Act 1987 .
"Greater Metropolitan Region" means the region bounded by the
coastal waters of the State and by, but not including, the local government
areas of City of Shoalhaven, Wingecarribee, Upper Lachlan Shire, Oberon, City
of Lithgow, Singleton, Dungog and Mid-Coast.
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