Transport Administration Amendment (Parramatta Rail Link) Act 2000 (NSW)

An Act to amend the Transport Administration Act 1988 in connection with the Parramatta Rail Link and to make further provision with respect to underground rail facilities; and for other purposes.

1Name of Act

This Act is the Transport Administration Amendment (Parramatta Rail Link) Act 2000.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Transport Administration Act 1988 No 109

The Transport Administration Act 1988 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Insert “(or SRA)” before “means” in the definition of State Rail Authority in section 3 (1).

[2]Section 97

Insert after section 96:

97Special provisions for underground rail facilities

Schedule 6B has effect.

[3]Part 9, Division 6

Insert after Division 5 of Part 9:

Division 6Special provisions for Parramatta Rail Link122Definitions

In this Division:

land includes an interest in land.

Parramatta Rail Link means a railway from Parramatta to Chatswood commencing generally in the vicinity of the Main Western Railway line west of Parramatta Station and proceeding via Parramatta, Camellia, Carlingford, Epping, the vicinity of Macquarie University, the vicinity of Delhi Road, North Ryde, and the vicinity of the University of Technology Ku-ring-gai Campus to Chatswood, including works, structures and facilities associated with or incidental to the railway.

rail authority means the SRA, RAC or the Director-General.

123EPA Act not affected

Nothing in this Division limits or otherwise affects the operation of the Environmental Planning and Assessment Act 1979 (except as provided by section 126).

124Acquisition of national park and regional park land(1)

In this section:

Project park land means land shown as Project park land on sheets 1–6 of the plan marked “Parramatta Rail Link Project Park Land” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the Transport Administration Amendment (Parramatta Rail Link) Act 2000) when the Bill was introduced into the Legislative Assembly, a copy of which is also lodged in the office of each rail authority.

(2)

Any power that a rail authority has under this Act to acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 extends to authorise the acquisition of the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.

(3)

Nothing in the National Parks and Wildlife Act 1974 (in particular sections 37, 40, 47Z and 47ZB) or the regulations under that Act prevents a rail authority from acquiring by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.

(4)

Section 29 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 does not apply to any such acquisition of Project park land.

(5)

When any land that is Project park land vests in a rail authority pursuant to its acquisition as provided by this section, the reservation of the land as a national park or regional park under the National Parks and Wildlife Act 1974 is revoked. This subsection does not limit the operation of section 20 (1) of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of such an acquisition of land.

(6)

A rail authority may not acquire as provided by this section any part of the Project park land that forms part of Lane Cove National Park unless and until the land described below is reserved as part of Lane Cove National Park in accordance with Part 4 of the National Parks and Wildlife Act 1974:

• •

  Land situated at Marsfield, in the Local Government Area of Ryde, Parish of Hunters Hill and Field of Mars, County of Cumberland and State of New South Wales being Lot 2 in Deposited Plan 841477 (being land in part of Crown Reserve in R89885 for Public Recreation, Gazette No. 99 dated 6 August 1976 Folio 3380) and Lot 4 in Deposited Plan 881923 (being land in Certificate of Title Folio Identifier 4/881923).

(7)

A rail authority may acquire the land described in subsection (6) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of facilitating that land’s reservation as part of Lane Cove National Park.

(8)

A rail authority may not acquire as provided by this section any part of the Project park land unless and until approval for the construction of the Parramatta Rail Link has been obtained under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979.

125Application of Public Works Act to the Parramatta Rail Link(1)

The Parramatta Rail Link is an authorised work for the purposes of the Public Works Act 1912, and the rail authorities are for the purposes of that Act Constructing Authorities in relation to the Parramatta Rail Link.

(2)

Part 3 and sections 86, 87 and 91 (b) of the Public Works Act 1912 do not apply in respect of works constructed for the purposes of the Parramatta Rail Link.

(3)

Any power of a rail authority to enter land and exercise functions as a Constructing Authority under the Public Works Act 1912 in respect of the Parramatta Rail Link, extends to Project park land (as defined in section 124) but must be exercised subject to Parts 6 (Relics and Aboriginal places) and 7 (Fauna) of the National Parks and Wildlife Act 1974.

126Sections 109ZJ & 109ZK EPA Act not to apply(1)

Sections 109ZJ and 109ZK of the Environmental Planning and Assessment Act 1979 do not apply to a building action or subdivision action that concerns building work or subdivision work carried out for or in connection with the Parramatta Rail Link.

(2)

Expressions used in this section have the meanings given by section 109ZI of the Environmental Planning and Assessment Act 1979.

127Order of approval under Heritage Act

Sections 67 and 68 of the Heritage Act 1977 do not apply in respect of an approval under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979 in respect of the Parramatta Rail Link.

[4]Schedule 6B

Insert after Schedule 6A:

Schedule 6BSpecial provisions for underground rail facilities

(Section 97)

1Interpretation(1)

In this Schedule:

rail authority means the SRA, RAC or the Director-General.

rail infrastructure facilities has the same meaning as in Part 2A.

underground rail facilities means:

• (a)

  rail infrastructure facilities that are located under the surface of land, and

• (b)

  structures and facilities for or associated with the provision of railway services (such as railway stations, platforms, access ways and vents), being structures and facilities that are located under the surface of land.

(2)

For the purposes of this Schedule, an underground rail facility is taken to be owned by a rail authority if the facility is on land owned or occupied by the rail authority (even if the facility is in fact owned by another person).

(3)

This Schedule extends to underground rail facilities in existence on the commencement of this Schedule.

2No compensation for acquisition of land for underground rail facilities(1)

If land under the surface is compulsorily acquired under the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of underground rail facilities, compensation is not payable under that Act unless:

• (a)

  the surface of the overlying soil is disturbed, or

• (b)

  the support of that surface is destroyed or injuriously affected by the construction of those facilities, or

• (c)

  any mines or underground working in or adjacent to the land are thereby rendered unworkable or are injuriously affected.

(2)

Section 62 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 does not apply to the compulsory acquisition of land under that Act for the purpose of underground rail facilities.

(3)

Expressions used in this clause have the same meaning as in the Land Acquisition (Just Terms Compensation) Act 1991.

(4)

This clause extends to the acquisition of land for the purpose of underground rail facilities before the commencement of this clause, but not so as to affect any payment or award of compensation made before that commencement.

3Compensation for damage to underground rail facilities(1)

A person who, without the consent of a rail authority, carries out any activity that causes destruction of, damage to or interference with any underground rail facility owned by the rail authority is liable to compensate the rail authority for all loss or damage suffered by the rail authority as a result.

(2)

It is a defence in an action for compensation under this clause if the defendant establishes that the defendant did not know and could not reasonably be expected to have known that the destruction, damage or interference concerned would result from the carrying out of the activity concerned.

(3)

A rail authority is not entitled to compensation under both this clause and another provision of this Act for the same destruction, damage or interference.

(4)

A reference in this clause to a person who carries out an activity extends to any person:

• (a)

  who caused the carrying out of the activity, or

• (b)

  under whose order or direction the activity was carried out, or

• (c)

  who aided, assisted, counselled or procured the carrying out of the activity.

(5)

A rail authority may proceed against a person for recovery of loss or compensation for damage under this clause whether or not the rail authority has proceeded against the person principally responsible for the loss or damage or any other person involved in the carrying out of the activity that caused the loss or damage.

4Right of support for underground rail facilities(1)

There is declared to be a right of support for an underground rail facility owned by a rail authority and a duty of care is declared to exist in relation to that right of support for the purposes of the common law of negligence.

(2)

Accordingly, a person has a duty of care not to do anything on or in relation to land (the supporting land) that removes the support provided by the supporting land to any underground rail facility owned by a rail authority.

(3)

For the purposes of this clause, supporting land includes the natural surface of the land, the subsoil of the land, any water beneath the land, and any part of the land that has been reclaimed.

(4)

The duty of care under this clause does not extend to any support that is provided by a building or structure on the supporting land except to the extent that the supporting building or structure concerned has replaced the support that the supporting land in its natural or reclaimed state provided to the underground rail facilities.

(5)

A reference in this clause to the removal of the support provided by supporting land includes a reference to any reduction of that support.

(6)

This clause does not apply in relation to anything done or omitted to be done before the commencement of this clause.

5Implied covenant for protection of underground rail facilities(1)

Land above, under or adjacent to an underground rail facility owned by a rail authority is taken to be the subject of a covenant in favour of the rail authority pursuant to which the owner from time to time of that land must ensure that:

• (a)

  the underground rail facility is not wilfully or negligently destroyed, damaged or interfered with, and

• (b)

  no structure or object is placed in contact with or near the underground rail facility in a manner that interferes with the operation of the facility, and

• (c)

  land is not excavated to expose the underground rail facility without the consent of the rail authority.

(2)

A lease, including a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987, is taken to include a term requiring the lessee of land referred to in subclause (1) or any part of it to comply with the same obligations, in relation to land, as are imposed by that subclause on the owner who has leased the land to the lessee.

(3)

A covenant under this clause is enforceable as a duly created covenant.

(4)

It is a defence to proceedings by a rail authority in respect of a covenant under this clause that the owner or, in a case to which subclause (2) applies, the lessee could not reasonably have prevented action taken by any person that would (had it been capable of prevention by the owner or lessee) have resulted in a breach of covenant under this clause by the owner or lessee.

6Removal of things interfering with underground rail facilities(1)

A person who places a structure or object in contact with or near an underground rail facility owned by a rail authority in a manner that interferes with the operation of the facility, must, on receiving a written notice from the rail authority requiring the removal of the structure or object:

• (a)

  remove the structure or object within the period specified in the notice, and

• (b)

  compensate the rail authority for all loss or damage suffered by the rail authority as a result of the placement of the structure or object in contact with or near the facility.

(2)

If a person fails to comply with a notice under this clause within the period specified in the notice or within any extension of that period allowed by the rail authority in writing, the rail authority may remove the structure or object and recover from the person the cost of the removal together with compensation for all loss or damage referred to in subclause (1).

7Other provisions not affected

Nothing in this Schedule limits or otherwise affects the operation of any other provision of this Act in relation to underground rail facilities.