New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 99A

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.

(1A) The 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 section 99E--

(a) railway tracks or other works are removed from the railway line, or

(b) a railway infrastructure owner leases the land on which the railway line is located to a council or joint organisation.

(4) In this section--

"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.