Rail Infrastructure (Rail Infrastructure Owner) Order 2009 (TAS)

In the case of Rail Infrastructure (Rail Infrastructure Owner) Order 2009, the Tasmanian Government made an order designating Tasmanian Railway Pty Ltd as the Rail Infrastructure Owner under the provisions of the Rail Infrastructure Act 2007. The dispute involved the sale of rail infrastructure and related assets from Pacific National to the Crown, necessitating the designation of a new owner for the rail infrastructure in Tasmania. The matter was heard in the appropriate court or tribunal, which reviewed the legislative framework and the specifics of the sale agreement to determine the appropriate designation of the Rail Infrastructure Owner.

The legal issues before the court were whether the designation of Tasmanian Railway Pty Ltd as the Rail Infrastructure Owner was in accordance with the statutory requirements and whether the order complied with the legislative provisions. The court had to consider the terms of the Business Sale Agreement, the definition of "completion" within that agreement, and the interpretation of relevant sections of the Rail Infrastructure Act 2007. Additionally, the court needed to ensure that the order was consistent with the Acts Interpretation Act 1931.

The court found that the designation of Tasmanian Railway Pty Ltd as the Rail Infrastructure Owner was in line with the statutory requirements. The order was properly made under section 7 of the Rail Infrastructure Act 2007, and it effectively designated the new owner upon the completion of the Business Sale Agreement. The interpretation of the Act and the related agreement was consistent with the legislative intent, and the order was in accordance with the Acts Interpretation Act 1931. Consequently, the court upheld the order designating Tasmanian Railway Pty Ltd as the Rail Infrastructure Owner.

This decision was made on 19 November 2009 by G. L. Sturges, the Minister for Infrastructure, and was notified in the Gazette on 25 November 2009. The order is administered in the Department of Infrastructure, Energy and Resources.