Transport Administration Amendment (Authority to Close Railway Lines) Act 2016 No 3

An Act to amend the Transport Administration Act 1988 to authorise the closure of a railway line between Lilyfield and Rozelle, and to authorise the closure of certain other railway lines in the greater Sydney, Newcastle, Central Coast and Wollongong metropolitan regions for certain purposes.

1 Name of Act

This Act is the Transport Administration Amendment (Authority to Close Railway Lines) Act 2016.

2 Commencement

This Act commences on the date of assent to this Act.

Schedule 1 Amendment of Transport Administration Act 1988 No 109

[1] Section 99A Closure and disposal of railway lines

Insert “or an order under subsection (1A)” after “Parliament” in section 99A (1).

[2] Section 99A (1A) and (1B)

Insert after section 99A (1):

  

(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.

[3] Section 99A (4)

Insert after section 99A (3):

  

(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 Great Lakes.

[4] Schedule 7 Savings, transitional and other provisions

Insert at the end of the Schedule, with appropriate Part and clause numbering:

  

Part Provisions authorising closure of railway line—Lilyfield to Rozelle

Closure of railway line between Lilyfield and Rozelle

(1)  For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from Balmain Road, Lilyfield, to Victoria Road, Rozelle.

(2)  Accordingly, a rail infrastructure owner authorised under subclause (1) may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.

Application

This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.