Tasmania: Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 (Tas)

Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 An Act to enable areas of land that have been used for the purposes of rail transport to be reserved for future strategic use (including use for the purposes of rail transport) and, in certain cases, to be used for designated recreational uses, and for related purposes [Royal Assent 21 December 2016] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – adjoining land, in relation to a corridor, means land that adjoins the corridor; adjoining landholder means an owner, or occupier, of adjoining land; business licence means a business licence granted in accordance with section 23 ; business permission means a business permission granted under section 45 ; corridor means a strategic infrastructure corridor; corridor authorisation means – (a) a use permission; and (b) a service infrastructure permission; and (c) a business permission; and (d) a private road construction permission; and (e) a private road use permission; and (f) a permit granted under the regulations; corridor crossing means a place where a public road or a private road intersects with a corridor; corridor development plan, in relation to a corridor, means a corridor development plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor management plan, in relation to a corridor, means a corridor management plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor (other matters) plan, in relation to a corridor, means a corridor (other matters) plan, declared under section 62(6)(b) in relation to the corridor, that is in force; corridor manager, in relation to a corridor, means the person who is appointed under section 29 to be the corridor manager in relation to the corridor; corridor notice means a notice that is in force under section 6(1) , as the notice is amended if at all, under section 7 ; corridor plan, in relation to a corridor, means – (a) a corridor development plan in relation to the corridor; and (b) a corridor management plan in relation to the corridor; and (c) a vegetation management plan in relation to the corridor; and (d) a corridor (other matters) plan in relation to the corridor; corridor safety and use objectives, in relation to a corridor, means – (a) the safety of persons on the corridor; and (b) the use of the corridor for a designated recreational use, if any; and (c) the potential use in future of the corridor for any reserved purpose; CPR plan means a plan within the Central Plan Register; Crown land has the same meaning as in the Crown Lands Act 1976 ; designated recreational use, in relation to a corridor – see section 30 ; emergency includes, but is not limited to including, an imminent threat to the corridor safety and use objectives, whether the threat arises from natural or man-made causes; emergency works means works to deal with an emergency; licence means a licence granted in accordance with section 21 ; limitation, in relation to land – (a) means any trust, reservation, restriction, exception, encumbrance, limitation, estate, or interest, in or in relation to the land, however created or imposed, including by virtue of a sealed plan within the meaning of section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and (b) includes any highway, right of way and footpath and any road reserve, or other reserve, under an Act; managing authority, in relation to a corridor, means the managing authority, in relation to the corridor, under section 25 ; owner, in relation to land, means any one or more of the following: (a) in the case of a fee simple estate in the land – the person in whom the estate is vested; (b) in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage – the person for the time being holding the equity of redemption in that mortgage; (c) in the case of land held under a tenancy for life – the person who is the life tenant; (d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than another prescribed period – the person who is the lessee of the land; (e) in the case of land in respect of which a person has a prescribed interest – the person with the prescribed interest; (f) in the case of land that has not been alienated from the Crown – the Minister, authority, or other person, responsible for managing the land; planning scheme has the same meaning as it has in the Land Use Planning and Approvals Act 1993 ; preserved limitation means a limitation that is declared a preserved limitation under section 13 ; preserved right means a right that is declared a preserved right under section 13 ; private road means a road (other than a public road), a lane, a path, or a stock crossing, that crosses a corridor; private road construction permission means a private road construction permission, granted under section 87 , that is in force; private road use permission means a private road use permission, granted under section 82 , that is in force; protective protocol means a protocol, standard or restriction, in relation to the use of land, that is issued by a statutory authority and includes, but is not limited to including, such a protocol, standard or restriction in relation to any of the following: (a) an agricultural or industrial research or development project; (b) air, soil or water quality; (c) biological control; (d) crop security; (e) food standards or hygiene; (f) occupational health and safety; (g) plant or animal quarantine; (h) product processing; (i) waste treatment; public road means any road – (a) open to or used by the public; or (b) to which the public have, or are authorised to have, access – whether on payment of fee or otherwise; rail infrastructure has the same meaning as it has in the Rail Infrastructure Act 2007 ; railway track means any combination of rails, rail connectors, sleepers, ballast, points and crossings, or, if installed, substitute devices, that are situated on a corridor; recreational purposes means for the purpose of – (a) use by walkers or runners; or (b) use by horse riders; or (c) use by persons riding bicycles, including power-assisted bicycles; or (d) use for a prescribed recreational activity; Register means the register of title kept under section 33 of the Land Titles Act 1980 ; reserve management plan, in relation to a corridor, means a reserve management plan, declared under section 61(4)(b) in relation to the corridor, that is in force; reserved purpose has the meaning it has in section 4 ; responsible manager, in relation to a corridor, means – (a) the corridor manager in relation to the corridor; or (b) if there is no corridor manager in relation to the corridor – the managing authority in relation to the corridor; right includes – (a) a right, interest, power, remedy, discretion and authority; and (b) any right of access, including railway access; and (c) a right related to any highway, right of way or footpath or to a road reserve, or other reserve, under an Act; routine works means works, or improvements, in relation to a corridor, that consist of – (a) repairs or maintenance of structures and facilities; or (b) minor works, or improvements, that are necessary to keep the corridor in good order; or (c) the erection of signs, or other structures, to provide information to the public relating to the corridor safety and use objectives; or (d) the erection, repair or maintenance of any fencing – but does not include emergency works; Secretary means the Secretary of the Department; service infrastructure permission means a service infrastructure permission, granted under section 73(1) , that is in force; statutory authority means – (a) an incorporated body, or an unincorporated body, that – (i) is established, constituted or continued by or under an Act or under the royal prerogative; and (ii) is a body which, or of which the governing body, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; and (b) a Minister or a person who is appointed to an office under an Act; strategic infrastructure corridor – (a) means an area of land that is declared by a corridor notice to be a strategic infrastructure corridor; and (b) includes any area of land that is included in the corridor by an alteration under section 7 of the area of land that is within a corridor – but does not include any area of land that is excluded from the corridor by an alteration under section 7 of the area of land that is within the corridor; substantial fixed infrastructure means – (a) a tunnel; and (b) a bridge; and (c) a structure, or a member of a class of structures, which structure or class is declared under subsection (2) to be substantial fixed infrastructure – but does not include a tunnel, a bridge, a structure, or a member of a class of structures that is a tunnel, bridge, structure, or a member of a class of structures, that is declared under subsection (2) to not be substantial fixed infrastructure; use permission means a use permission, granted under section 53 , that is in force; vegetation management plan, in relation to a corridor, means a vegetation management plan, declared under section 62(6)(b) in relation to the corridor, that is in force. (2) The Minister, by notice, may – (a) declare to be substantial fixed infrastructure a structure, or members of a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor; or (b) declare a bridge, a tunnel, a structure, or a class of structures, that is or are situated on an area of land that is, or is intended to become, part of a corridor, to not be substantial fixed infrastructure. (3) A notice under subsection (2) – (a) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and (b) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . (4) A reference in this Act – (a) to a corridor includes a reference to a part of a corridor; and (b) to a corridor, in relation to a corridor manager, the managing authority, or a responsible manager, is to be taken to be a reference to any part of a corridor and to the corridor manager, the managing authority, or the responsible manager, in relation to the part of the corridor. (5) A reference in this Act to a function or power, by or under this Act, of a managing authority or a corridor manager includes a function or power conferred or imposed on the authority or manager by virtue of being a responsible manager. 4. Reserved purposes In this Act, a reference to a reserved purpose is a reference to one or more of the following purposes: (a) the provision of transport infrastructure including, but not limited to, infrastructure related to the transport by rail of passengers or freight, or both; (b) the provision of telecommunications or energy; (c) a prescribed purpose. 5. Act binds Crown, &c. (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) A corridor manager is not an agent or instrumentality of the Crown. PART 2 - Strategic Infrastructure Corridors Division 1 - Declaration of strategic infrastructure corridors 6. Declaration of strategic infrastructure corridor (1) The Minister, by notice (a corridor notice), may declare to be a strategic infrastructure corridor an area of land that is designated on a CPR plan to be land within a corridor. (2) An area of land may only be declared in a corridor notice to be a strategic infrastructure corridor if the land – (a) formed part of the rail network; or (b) was land associated with the land that formed part of the rail network. (3) For the purposes of this section, land formed part of the rail network if, at any time during the period – (a) beginning on the day on which Part 1 of Schedule 1 to the Rail Infrastructure Act 2007 came into force; and (b) ending on the day on which this section commences – the land was land on which any of the railways specified in Part 1 of Schedule 1 to the Rail Infrastructure Act 2007 , as in force during that period, were situated. (4) The Minister, by notice, may designate an area of land, specified in the notice, to be land associated with the land that formed part of the rail network. (5) The Minister may only designate under subsection (4) land to be land associated with the land that formed part of the rail network if – (a) the land adjoins an area of land that formed part of the rail network; and (b) the land is not – (i) reserved land within the meaning of the Nature Conservation Act 2002 ; or (ii) permanent timber production zone land within the meaning of the Forest Management Act 2013 . (6) A corridor notice in relation to a corridor is to – (a) specify the name assigned to the corridor; and (b) include a reference to the CPR plan designating an area of land to be within the corridor; and (c) specify the day, after the date of the notice, on which the notice comes into effect. (7) A corridor – (a) does not include any area of land on which a public road is situated; but (b) includes any bridge or other elevated structure that extends over an area of land on which a public road is situated. 7. Amendment of corridor notice or CPR plan (1) The Minister, by notice, may – (a) amend a corridor notice by changing the name of the corridor; or (b) amend a corridor notice so as to alter the area of land within a corridor. (2) A notice under subsection (1) is to specify a day, after the date of the notice, on which the notice is to come into effect. (3) The Minister may, in a notice under subsection (1)(b) , amend a corridor notice so as to alter the area of land within a corridor by substituting, for the reference, in accordance with section 6(6)(b) , to the CPR plan (the original plan) in the corridor notice, a reference to another CPR plan (the substituted plan). (4) For the purposes of subsection (3) , a reference to a substituted plan may consist of a reference to – (a) another CPR plan with a different CPR number from the CPR number of the original plan; or (b) a CPR plan with the same CPR number as the CPR number of the original plan but with a revision number, or with a different revision number from the revision number of the original plan. (5) If the area of land within a corridor is altered, by a notice under subsection (1) , by – (a) excluding land from the area of land within the corridor – the land so excluded ceases to be land within a corridor on and from the day on which the notice takes effect; or (b) including land in the area of land within a corridor – the land so included becomes land within the corridor on and from the day on which the notice takes effect. (6) If the area of land within a corridor declared by a corridor notice is altered by virtue of a notice under subsection (1) – (a) the alteration does not alter the effect of the operation of any provision in Division 2 or Part 6 that has taken effect, before the alteration, on the land that, before the alteration, was part of a corridor; but (b) Part 6 ceases to apply in relation to any application, referred to in Part 6 , that is on foot at the time the corridor notice is altered in relation to land that has, by virtue of the notice under subsection (1) , ceased to be land within a corridor. 8. Revocation of corridor notice (1) The Minister, by notice, may revoke a corridor notice. (2) A notice under subsection (1) is to specify a day, after the date of the notice, on which the notice is to come into effect. (3) If a corridor notice is revoked by a notice under subsection (1) – (a) the land to which the corridor notice related ceases to be land within a corridor; and (b) this Act (apart from this section) and the regulations cease to apply in relation to the land; and (c) a corridor authorisation in relation to land within the corridor ceases to be in force; and (d) any lease or licence granted or renewed under the Crown Lands Act 1976 in accordance with this Act and in force in relation to land within the corridor before the revocation of the corridor notice continues in force under that Act until it is cancelled or expires under that Act but may be cancelled because land to which it relates has ceased to be corridor land; and (e) subject to paragraph (f) , the revocation does not alter the effect of the operation of any provision in Division 2 or Part 6 that has taken effect, before the revocation, on the land that, before the revocation, was part of a corridor; and (f) Part 6 ceases to apply in relation to any application, referred to in Part 6 , that is on foot at the time the notice is revoked in relation to land that has, by virtue of the notice under subsection (1) , ceased to be land within a corridor. 9. Parliament must authorise corridor notice before it is made (1) The Minister may only declare a strategic infrastructure corridor under section 6 if both Houses of Parliament have approved a draft of the declaration (a draft declaration). (2) The Minister may lay before both Houses of Parliament a copy of a draft declaration. (3) For the purposes of this section, a House of Parliament is taken to have approved a draft declaration if a copy of the draft declaration has been laid on the table of that House and – (a) the draft declaration is approved by the House; or (b) by the expiration of the 5 sitting-days after the copy of the draft declaration was laid on the table of that House – (i) no notice has been given of a motion to disallow the draft declaration; or (ii) if such notice has been given, the notice has been withdrawn or the motion has been negatived; or (c) if a notice of a motion to disallow the draft declaration has been given but not withdrawn or negatived within that period of 5 sitting-days, the notice is withdrawn or the motion is negatived after the expiration of that period. Division 2 - Effect of declaration of strategic infrastructure corridor 10. Corridor ceases to be part of rail planning corridor or rail network (1) On the day on which land becomes land within a corridor, the land ceases to be a rail planning corridor, or part of the rail network, for the purposes of the Rail Infrastructure Act 2007 . (2) On the day on which land becomes land within a corridor, any land that was, immediately before that day, an area of land – (a) on which a public road is situated; and (b) that extended between parts of the land within the corridor; and (c) within a rail planning corridor, or part of the rail network, for the purposes of the Rail Infrastructure Act 2007 – ceases to be part of a rail planning corridor, or part of the rail network, for the purposes of the Rail Infrastructure Act 2007 . 11. Land in corridor vests in Crown On the day on which land becomes land within a corridor, so much of the land as was not, immediately before that day, vested in the Crown, vests in the Crown. 12. Extinguishment of rights and liabilities in corridor (1) On the day on which land becomes land within a corridor, the land is freed and discharged from all limitations (other than a preserved limitation) that existed, immediately before that day, in relation to the land. (2) On the day on which land becomes land within a corridor, all public and private rights (other than a preserved right) that existed, immediately before that day, in relation to the land, are extinguished. (3) If, immediately before the day on which a corridor notice in relation to a corridor comes into force, there is a lease, sublease or licence in relation to land – (a) part of which, on that day, becomes land within the corridor; and (b) part of which, on that day, does not become land within the corridor – subsections (1) and (2) and section 15 only apply in relation to the lease, sublease or licence in respect of the part of the land that becomes, on that day, land within the corridor and, in the case of a lease or licence, subsection (4) applies. (4) If this subsection applies in relation to a lease or licence, the Minister must – (a) vary the lease or licence so as to exclude from the lease or licence land to which subsection (3)(a) applies; and (b) take the steps necessary to adjust any amount payable by the holder of the lease or licence to reflect the exclusion of the land to which subsection (3)(a) applies from the lease or licence by virtue of the variation. (5) Despite any other law or doctrine to the contrary, a lease or sublease to which a variation in accordance with subsection (4) applies is not to be taken to have been surrendered by virtue of the operation of the variation. 13. Preserved limitations and preserved rights (1) The Minister, by notice, may declare that any limitation that relates to all or part of land within a corridor is a preserved limitation for the purposes of this Act. (2) The Minister, by notice, may declare that a right that relates to all or part of a corridor is a preserved right for the purposes of this Act. (3) A notice under subsection (1) or (2) must specify the date on which the notice comes into effect in relation to a right or limitation specified in the notice. (4) A date specified, for the purposes of subsection (3) , in a notice under subsection (1) or (2) may be a date before or after the date on which the notice is issued. (5) A notice may be issued under subsection (1) or (2) even though the effect, under this Division, of the notice is to – (a) cause to exist a right that has been extinguished under this Division; or (b) re-impose a limitation from which land has been freed under this Division – and where such a notice has such an effect, the right and limitation resume existence, or are re-imposed, by virtue of this section, on and from a date specified under subsection (3) in relation to the right or limitation. (6) Nothing in this section is to be taken to prevent a right or limitation to which this section applies from being transferred, disposed of, extinguished or cancelled, otherwise than by virtue of this section. (7) The Minister must provide to the corridor manager in relation to the corridor any information available to the Minister in relation to any limitation or right as soon as practicable after it becomes a preserved limitation or a preserved right. 14. Effect of preservation on certain leases, subleases and licences (1) A lease or licence that is a preserved limitation or a preserved right is to be taken to be a lease or a licence, respectively, granted under the Crown Lands Act 1976 in accordance with section 21(1)(c) . (2) A sublease that is a preserved limitation or a preserved right is to be taken to be a lease granted under the Crown Lands Act 1976 in accordance with section 21(1)(c) . (3) On and from the day on which a licence becomes a preserved limitation or a preserved right, in relation to land within a corridor – (a) the responsible manager in relation to the corridor – (i) is to monitor operations under the licence; and (ii) may direct the licence holder in relation to operations under the licence; and (iii) is to inform the Minister of a significant failure to comply with the terms and conditions of the licence or a failure by the holder of the licence to comply with a direction under subparagraph (ii) ; and (b) any money payable by the licence holder under the licence is to be paid to the responsible manager; and (c) any money paid in accordance with paragraph (b) is to be taken for the purposes of this Act to be a fee paid to the responsible manager. 15. Compensation for vesting or extinguishment (1) On the day (the relevant day) on which an area of land vests in the Crown under section 11 , a person who was, immediately before that day, an owner of the area of land is entitled to compensation for the vesting in the Crown of that area of land. (2) On the day (the relevant day) on which a licence, lease or sublease is extinguished under section 12 , a person who, immediately before that day, held the licence, lease or sublease is entitled to compensation for the extinguishment. (3) Subsection (2) does not apply in relation to a lease in respect of land that was, immediately before the relevant day, land to which a lease from the Crown to Tasmanian Railway Pty Ltd (ACN 139 383 761) related but applies in relation to a sublease under such a lease. (4) The entitlement of a person to compensation under subsection (1) or (2) in relation to a vesting or extinguishment is extinguished at the end of the period of 12 months commencing on the relevant day, if the person does not, within that period, lodge a claim under subsection (5) in relation to the vesting or extinguishment. (5) A person who is entitled under subsection (1) or (2) to compensation in relation to a vesting or extinguishment may lodge, in writing, with the Secretary a claim for compensation in relation to the vesting or extinguishment. (6) Compensation is the amount agreed, in writing, between the person and the Minister. (7) Before agreeing an amount of compensation, the Minister must obtain the approval of the Valuer-General to that amount. (8) In determining whether to approve an amount of compensation, the Valuer-General is to apply the same principles, with any necessary modification, as he or she would apply in approving an amount of compensation for the purposes of section 40(8) of the Land Acquisition Act 1993 . (9) If the person and the Minister cannot agree on the amount of compensation, the claim for compensation is to be determined as if it were a disputed claim for compensation under the Land Acquisition Act 1993 and for that purpose – (a) this section is taken to be a notice of acquisition, within the meaning of that Act, gazetted under section 18 of that Acton the day after the relevant day; and (b) the Crown is the acquiring authority. 16. Titles may be created in relation to corridors and adjoining land (1) The Minister and the Director-General of Lands may do all things necessary or convenient for the purposes of creating, re-arranging or extinguishing folios of the Register under the Land Titles Act 1980 in relation to all or part of land within a corridor, or adjoining land, in so far as is necessary for the purposes of this Act. (2) The Minister, in writing, may direct the Recorder of Titles to create, re-arrange or extinguish any folio of the Register in relation to land within a corridor, or adjoining land, in so far as is necessary for the purposes of this Act. (3) Without limiting the generality of subsection (2) , a direction under that subsection may require the Recorder of Titles to create a folio of the Register in relation to land within a corridor, or adjoining land, so as to bring the land under the Land Titles Act 1980 . (4) The Minister, in writing, may direct the Recorder of Titles to add to, amend or extinguish any particulars or notations noted on a folio of the Register, so as to take into account the effect of any provision of this Division. (5) On receiving a direction under subsection (2) or (4) , the Recorder of Titles is to – (a) create, re-arrange or extinguish a folio of the Register; or (b) make the additions, amendments or extinguishments of particulars or notations on a folio of the Register – as he or she considers appropriate to give effect to the direction. 17. Notice in relation to corridor may be placed on Register (1) The Minister may direct the Recorder of Titles to place on the Register a notice advising that this Act applies in relation to all or part of land within a corridor. (2) On receiving a direction under subsection (1) , the Recorder of Titles is to place on the Register a notice in accordance with the direction. (3) The Minister may direct the Recorder of Titles to amend or remove a notice placed on the Register in accordance with subsection (2) . (4) On receiving a direction under subsection (3) , the Recorder of Titles is to amend or remove, in accordance with the direction, the notice placed on the Register in accordance with subsection (2) . 18. Compliance with Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 If the Minister has given a direction under section 16 or 17 – (a) the Minister is not required to make an application under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 in respect of the matters to which the direction relates; and (b) the Recorder of Titles is to comply with the direction despite such an application not having been made. 19. State tax not payable in relation to actions under this Division (1) In this section – State tax means any tax, duty, charge or application, registration, or other fee, imposed by an Act or other law of Tasmania. (2) State tax is not payable in relation to – (a) any vesting in the Crown under this Division; and (b) the creation, re-arrangement or extinguishment of any folio of the Register under this Division; and (c) any action taken, or document issued, for the purposes of this Division or in accordance with a direction to the Recorder under this Division. PART 3 - Powers of Minister in Relation to Land Within Corridor 20. Restriction on application of Crown Lands Act 1976 (1) Subject to this Act, the Crown Lands Act 1976 applies in relation to Crown land, within the meaning of that Act, that is within a corridor. (2) Despite any provision of the Crown Lands Act 1976 , land that is within a corridor, and an estate or interest in such land, may not be transferred, reserved, set aside, managed, leased, licensed, or otherwise disposed of, under that Act, except as authorised under this Act. (3) Subsection (2) does not apply in relation to the disposal under the Crown Lands Act 1976 of an interest in Crown land that is an easement. (4) Section 45A of the Crown Lands Act 1976 does not apply in relation to a person in respect of an activity carried out by the person under and in accordance with a business permission. (5) If a provision of this Act is inconsistent with a provision of the Crown Lands Act 1976 , the provision of this Act prevails to the extent of the inconsistency. 21. Minister may grant leases and licences under Crown Lands Act 1976 (1) On and from the day on which land becomes land within a corridor, until the day on which the land ceases to be land within a corridor – (a) the land is to be taken, for the purposes of the Crown Lands Act 1976 , to be portfolio land; and (b) the Minister is to be taken, for the purposes of the Crown Lands Act 1976 , to be the Portfolio Minister in relation to the land; and (c) the Minister may, under the Crown Lands Act 1976 , grant in relation to the land a lease or a licence under that Act that the Minister may, as the Portfolio Minister, grant under that Act; and (d) section 48B of the Crown Lands Act 1976 does not apply in relation to a licence granted or renewed under that Act in accordance with this section. (2) Despite subsection (1)(c) , a lease may only be granted in relation to land in accordance with that subsection if there is no corridor manager in relation to the land. (3) Sections 39C and 39D of the Crown Lands Act 1976 do not apply in relation to a lease granted by a Portfolio Minister under that Act in accordance with this section. (4) A lease, or a licence, in relation to land within a corridor may only be granted under the Crown Lands Act 1976 in accordance with this section, if the Minister is of the opinion that – (a) where there is a reserve management plan in relation to the corridor, the management, protection, use or development of the land in accordance with the lease or licence will be consistent with that plan; and (b) the grant of the lease or licence will not prevent the attainment of the corridor safety and use objectives. (5) The Minister must consult with the corridor manager in relation to a corridor, before granting a licence under the Crown Lands Act 1976 in accordance with this section in relation to land within the corridor. (6) Any money paid in respect of a lease or licence granted under the Crown Lands Act 1976 in accordance with this section in relation to land within a corridor is to be used by the Minister for – (a) the maintenance of the corridor; and (b) the costs of the administration of the lease or licence; and (c) any taxes, rates or other outgoings associated with the corridor. 22. Cancellation of certain leases and licences (1) In addition to the grounds on which the Minister may, under the Crown Lands Act 1976 or in accordance with the terms and conditions of the lease or licence, cancel a lease or licence granted under the Crown Lands Act 1976 in accordance with section 21 , the Minister may cancel the lease or licence if – (a) the Minister is of the opinion that – (i) the corridor to which the lease or licence relates is required for the use of the land for a reserved purpose; or (ii) the continuance of the lease or licence may prevent the attainment of the corridor safety and use objectives; or (b) the holder of the lease or licence has contravened a term or condition of the lease or licence; or (c) the holder of the lease or licence is using the land for any purpose other than the purpose for which the lease or licence was granted. (2) The Minister must cancel a lease that is granted under the Crown Lands Act 1976 in accordance with section 21 if – (a) the lease relates to land, all of which is land within a corridor; and (b) the Minister intends to appoint, or has appointed, a corridor manager in relation to the corridor in which the land is situated. (3) If a corridor manager has been appointed in relation to a corridor, or a part of a corridor, to which relates a lease that relates to land that is not within the corridor and to land (the excluded land) that is within the corridor, the Minister must – (a) vary the lease so as to exclude from the lease the excluded land; and (b) take the steps necessary to adjust any amount payable by the lessee in relation to the lease to reflect the exclusion of the excluded land from the operation of the lease by virtue of the variation. (4) Despite any other law or doctrine to the contrary, a lease to which a variation in accordance with subsection (3) applies is not to be taken to have been surrendered by virtue of the operation of the variation. (5) If, by virtue of the operation of a variation in accordance with subsection (3)(a) , land is excluded from a lease, section 15 applies in relation to the lease as if the lease only related to the excluded land and had been extinguished by section 12 . 23. Minister may grant business licences under Crown Lands Act 1976 in relation to corridor (1) The Minister may grant a business licence under Part VA of the Crown Lands Act 1976 in relation to any land within a corridor as if he or she were the Minister responsible for that Act and, if he or she grants such a licence, that Act applies in relation to the licence as if the Minister were the Minister responsible for that Act. (2) A business licence in relation to any land within a corridor may only be granted or renewed under the Crown Lands Act 1976 in accordance with this section if the Minister is of the opinion that – (a) where there is a reserve management plan in relation to the corridor, the management, protection, use or development of the land in accordance with the business licence will be consistent with that plan; and (b) the grant or renewal of the business licence will not prevent the attainment of the corridor safety and use objectives. (3) The Minister must consult with the corridor manager before, in accordance with this section, granting or renewing, under the Crown Lands Act 1976 , a business licence in relation to a corridor. (4) In addition to the grounds on which the Minister may cancel under the Crown Lands Act 1976 a business licence granted under the Crown Lands Act 1976 in accordance with this section, the Minister may, under section 45I of that Act, cancel the licence if – (a) the Minister is of the opinion that – (i) the corridor to which the licence relates is required for the use of the land for a reserved purpose; or (ii) the continuance of the licence may prevent or hinder the attainment of the corridor safety and use objectives; or (b) a corridor manager has been appointed in relation to the corridor in which is situated the land to which the licence relates; or (c) the holder of the licence has prevented or hindered the attainment of the corridor safety and use objectives; or (d) the holder of the licence is using the land for any purpose other than the purpose for which the licence was granted. (5) Section 48B of the Crown Lands Act 1976 does not apply in relation to a business licence that is granted under that Act in accordance with this section. (6) Any money paid in respect of a business licence granted or renewed under the Crown Lands Act 1976 in accordance with this section in relation to a corridor is to be used by the Minister for – (a) the maintenance of the corridor; and (b) the costs of the administration of the business licence; and (c) any taxes, rates or other outgoings associated with the corridor. (7) The Minister may grant or renew a business licence in relation to a corridor in accordance with this section whether or not – (a) there is a corridor manager in relation to the corridor; or (b) a business permission has been issued in relation to the corridor. 24. Minister may cancel permission issued by corridor manager The Minister may cancel a corridor authorisation granted under this Act by a corridor manager in relation to a corridor if – (a) the Minister is of the opinion that – (i) the area of land, within the corridor, to which the authorisation relates is required for a reserved purpose; or (ii) the continuance of the authorisation may prevent the attainment of the corridor safety and use objectives; or (iii) the holder of the authorisation has contravened a term or condition of the authorisation or has prevented the attainment of the corridor safety and use objectives; or (b) the holder of the authorisation is using the land for any purpose other than the purpose for which the authorisation was granted. PART 4 - Managing Authority 25. Minister to be managing authority where no corridor manager appointed The Minister is the managing authority in relation to a corridor in relation to which there is no corridor manager. 26. Powers and functions of managing authority generally The managing authority in relation to a corridor has, in relation to the corridor – (a) the functions and powers that are imposed or conferred on the managing authority by or under this or any other Act; and (b) any incidental and ancillary powers that are necessary or convenient to exercise or perform the functions or powers conferred or imposed on the managing authority by or under this or any other Act. 27. Functions of managing authority (1) It is a function of the managing authority in relation to a corridor to manage, subject to this Act and any reserve management plan in relation to the corridor, the corridor. (2) Subject to this Act, the managing authority in relation to a corridor – (a) is, if there is a reserve management plan in relation to the corridor, to manage the corridor in accordance with that plan; or (b) is, if there is no reserve management plan in relation to the corridor, to manage the corridor so as to ensure, as far as is practicable, the attainment of the corridor safety and use objectives. 28. Contracting out by managing authority The managing authority in relation to a corridor may enter into a contract or other arrangement with a person to enable – (a) works, including routine works, to be undertaken by another person for the care, management, repair or improvement of the corridor; or (b) the performance or exercise, in relation to the corridor, of the functions or powers of the managing authority under this or any other Act. PART 5 - Corridor Managers Division 1 - Appointment of corridor managers and committees of management 29. Appointment of corridor managers (1) The Minister, by notice, may appoint a person to be the corridor manager in relation to all or part of a corridor, on and from a date specified in the notice. (2) A person may only be appointed under subsection (1) to be a corridor manager if the person is – (a) a natural person; or (b) a body corporate that operates, or is to operate, for a public purpose; or (c) a member of a class of persons that is prescribed; or (d) a council; or (e) a committee of a board, constituted under an Act or otherwise, that operates, or is to operate, for a public purpose; or (f) a commission that operates, or is to operate, for a public purpose; or (g) a trust that operates, or is to operate, for a public purpose; or (h) an incorporated association that operates, or is to operate, for a public purpose. (3) There may not be more than one corridor manager in relation to the same part of a corridor. 30. Designated recreational purposes (1) The Minister must specify, in a notice under section 29(1) appointing a person to be the corridor manager in relation to all or part of a corridor, the recreational purposes for which the corridor manager is to manage, and may develop, the corridor or the part of the corridor. (2) For the purposes of this Act, the designated recreational purposes in relation to a corridor, or a part of a corridor, are the recreational purposes specified in accordance with subsection (1) in a notice under section 29(1) appointing a corridor manager in relation to the corridor or the part of the corridor, as that notice is amended, if at all, under subsection (4) . (3) If there ceases to be a corridor manager in relation to a corridor or a part of a corridor, there cease to be any designated recreational purposes in relation to the corridor, or the part of the corridor, respectively. (4) The Minister, by notice, may amend a notice under section 29(1) , by amending, revoking or substituting the designated recreational purposes specified in the notice. (5) A notice under this section takes effect on the day specified in the notice as the day on which the notice takes effect. 31. Revocation of appointment of corridor manager (1) The Minister, by notice, may revoke the appointment of a person to be the corridor manager in relation to all or part of a corridor. (2) A notice under this section takes effect on the day specified in the notice as the day on which the notice takes effect. 32. Committee of management (1) A corridor manager may, in accordance with the regulations, establish a committee of management in relation to the corridor. (2) The function of a committee of management is to assist the corridor manager to perform and exercise the functions and powers of the corridor manager. (3) A member of a committee of management is subject to the directions of the corridor manager. (4) Subject to subsection (2) and the regulations, if any, a committee of management may conduct its business in the manner it thinks fit. Division 2 - Functions and powers generally of corridor managers 33. Minister may direct corridor manager (1) The Minister, by notice in writing to a corridor manager, may direct the corridor manager in relation to the performance and exercise of the corridor manager's functions and powers. (2) A corridor manager must comply with a notice issued to the corridor manager under subsection (1) . 34. Powers and functions of corridor manager A person who is a corridor manager in relation to a corridor has, in relation to the corridor – (a) the functions and powers that are imposed or conferred on the corridor manager by or under this or any other Act; and (b) any incidental and ancillary powers that are necessary or convenient to perform or exercise the functions or powers conferred or imposed on the manager by or under this or any other Act. 35. Duty to manage corridor, &c. The corridor manager in relation to a corridor – (a) must care for, protect, repair and manage the corridor and, subject to section 38 , any fixtures on the corridor; and (b) must take all reasonable steps to ensure the attainment in relation to the corridor of the corridor safety and use objectives; and (c) must ensure that the corridor is managed – (i) so as to ensure the attainment of the corridor safety and use objectives; and (ii) in accordance with a reserve management plan, if any, in relation to the corridor; and (iii) in accordance with each corridor plan, if any, in relation to the corridor. 36. Contracting out by corridor manager The corridor manager in relation to a corridor may enter into a contract or other arrangement with a person in relation to the performance or exercise, in relation to the corridor, of the functions or powers of the corridor manager under this or any other Act. 37. Corridor manager taken to be occupier of corridor and is required to carry out duties, &c. (1) A person is taken to be or to have been, in relation to any period in which he or she is or was the corridor manager in relation to a corridor, the occupier of the land within the corridor. (2) Without limiting the generality of subsection (1) , the corridor manager in relation to a corridor is, in relation to any period in which he or she is or was taken in accordance with that subsection to be the occupier of land, to be taken to have all the obligations, duties, liabilities, responsibilities and defences that the corridor manager would have, or would have had, if the corridor manager were or had been during that period a tenant in exclusive occupation of the land pursuant to a lease granted for a term by the Minister administering the Crown Lands Act 1976 . (3) Without limiting the generality of subsection (1) or (2) , a corridor manager in relation to a corridor must, in relation to the performance and exercise of his or her functions and powers under this or any other Act – (a) comply with each Act of this State, or the Commonwealth, that relates to or affects the use or occupation of the land within the corridor; and (b) comply with the obligations and duties, and discharge the responsibilities and liabilities, that apply to an occupier of the land – except to the extent of any inconsistency with another provision of this Act. (4) Nothing in subsection (1) , (2) or (3) excludes or limits any other obligations, duties, liabilities and responsibilities of a corridor manager under this or any other Act. (5) If the Minister is satisfied that a corridor manager has failed to comply with a duty of the corridor manager or to take an action that the corridor manager is required under this Act or any other Act to take, the Minister may take the action necessary to ensure the duty is complied with or the requirement is satisfied. (6) Any costs reasonably incurred by the Minister in taking an action under subsection (5) are recoverable as a debt due to the Minister from the corridor manager. Division 3 - Infrastructure, works and improvements 38. Use of substantial fixed infrastructure (1) Subject to this Division, the corridor manager in relation to a corridor may use, and permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. (2) The corridor manager in relation to a corridor must notify the Minister before using, or permitting the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. (3) The Minister, by notice to the corridor manager in relation to a corridor, may refuse to permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor. (4) The Minister, by notice to the corridor manager in relation to a corridor, may permit the use of, for a designated recreational use, substantial fixed infrastructure situated on the corridor, only in accordance with the conditions specified in the notice. (5) A notice under subsection (3) or (4) takes effect on the day specified in the notice as the day on which the notice comes into effect. (6) If a notice under subsection (3) in relation to substantial fixed infrastructure has come into effect, the corridor manager in relation to a corridor – (a) must not use, or permit the use of, for a designated recreational use, the infrastructure; and (b) must take reasonable steps to ensure that the infrastructure is not used by any person; and (c) must ensure that the infrastructure is not dismantled or damaged, other than by deterioration that has occurred in the ordinary course of the effluxion of time; and (d) is not required to repair any deterioration of the infrastructure that has occurred in the ordinary course of the effluxion of time; and (e) if any deterioration of the infrastructure has occurred in the ordinary course of the effluxion of time or the infrastructure is not safe for use, must notify the Minister of the deterioration or that the infrastructure is not safe for use. (7) If a notice under subsection (4) in relation to substantial fixed infrastructure has come into effect, the corridor manager in relation to a corridor, must not use, or permit the use of, for a designated recreational use, the infrastructure except in accordance with the conditions specified in the notice. (8) The Minister may, by notice to the corridor manager in relation to a corridor, revoke a notice under subsection (3) or (4) issued to the corridor manager. (9) A notice under subsection (8) takes effect on the day specified in the notice as the day on which the notice comes into effect. 39. Corridor manager's responsibilities in relation to substantial fixed infrastructure (1) The corridor manager in relation to a corridor must take all reasonable steps to ensure that substantial fixed infrastructure that is used for a designated recreational use on the corridor is safe to be so used. (2) If substantial fixed infrastructure, situated on a corridor, that is intended by the corridor manager to be used for a designated recreational use is not safe to be so used and is not infrastructure to which a notice under section 38(3) relates, the corridor manager in relation to the corridor must – (a) take reasonable steps to ensure that the infrastructure is not used by any person until it is safe to be used; and (b) notify the Minister that the infrastructure is not safe to be so used; and (c) seek the approval of the Minister under section 41(3) to the carrying out of the works necessary to ensure the infrastructure is safe to be used, unless the infrastructure is a bridge or elevated road to which section 85(2)(b) applies; and (d) if the approval of the Minister under section 41(3) to the carrying out of the works necessary to ensure the infrastructure is safe to be used is obtained, carry out those works. (3) If the corridor manager determines that substantial fixed infrastructure situated on a corridor is not to be used for a designated recreational use, the corridor manager – (a) must take reasonable steps to ensure that the infrastructure is not used by any person; and (b) must ensure that the infrastructure is not dismantled or damaged, other than by deterioration that has occurred in the ordinary course of the effluxion of time; and (c) is not required to repair any deterioration of the infrastructure that has occurred in the ordinary course of the effluxion of time; and (d) if any deterioration of the infrastructure has occurred in the ordinary course of the effluxion of time or the infrastructure is not safe for use, must notify the Minister of the deterioration or that the infrastructure is not safe for use. (4) If the Minister receives a notice under subsection (2)(b) or subsection (3)(d) in relation to substantial fixed infrastructure situated on a corridor, a person acting on behalf of the Crown may enter the corridor and take the action on the corridor that is necessary to repair the infrastructure. 40. Works and improvement (1) Subject to this Division and the requirements of a reserve management plan, and any corridor plan, that applies in relation to the corridor, the corridor manager in relation to a corridor may carry out, or arrange for the carrying out of, works, or improvements, on the corridor for the purpose of – (a) enabling all or part of the corridor to be used for its designated recreational use, but only in so far as the works or improvements are consistent with enabling the potential use in future of the corridor for a reserved purpose; or (b) enabling the corridor manager to perform and exercise the corridor manager's functions and powers and to carry out any obligation, duty, liability or responsibility imposed on the corridor manager under section 37 . (2) The Minister may, on the application of a corridor manager, determine that works or improvements are consistent with the requirements of subsection (1) . 41. Duties in relation to carrying out of works (1) The corridor manager in relation to a corridor must ensure that works are not carried out on the corridor except – (a) if there is in force each approval, permission, licence, or other authority, required by or under any other Act of this State, or of the Commonwealth, for the carrying out of the works; and (b) with the approval of the Minister under subsection (3) . (2) The corridor manager in relation to a corridor may apply to the Minister for the approval of the Minister to the carrying out of works on the corridor. (3) The Minister may approve, on the conditions, if any, that he or she thinks fit, the carrying out of works on a corridor. (4) The Minister may only approve under subsection (3) the carrying out of works on a corridor if he or she is satisfied that the works will not prevent or hinder the use of the corridor for a reserved purpose or a designated recreational use. (5) Despite subsection (1) , the approval of the Minister is not required in relation to – (a) emergency works; and (b) routine works that are not works to which section 39(2)(c) relates; and (c) works authorised by or under a reserve management plan or a corridor plan. 42. Improvements on corridor (1) In this section – improvement means work done and material used on or for the benefit of land in a corridor which visibly and effectively improves or increases the value of the land. (2) Except in relation to an improvement to which an agreement under subsection (3) relates – (a) if a person ceases to be a corridor manager in relation to a corridor; or (b) a lease in relation to land within a corridor expires or is cancelled – all improvements on the land within the corridor that have been made by or on behalf of the corridor manager or the lessee in relation to the lease or under a sublease under the lease, vest in the Crown absolutely. (3) The Minister and a person who is the corridor manager in relation to a corridor, or the Minister and a lessee in relation to land within a corridor, may, in writing, agree that, if the person ceases to be the corridor manager, or the lessee, in relation to the land – (a) an improvement on the land, made by or on behalf of the person or a sublessee, does not vest in the Crown; and (b) the person, as soon as practicable after ceasing to be the corridor manager or the lessee in relation to the corridor, or the sublease expires or is cancelled, as the case may be, is to remove the improvement; and (c) the person is, or is not, required to make good any damage caused by the removal of the improvement. (4) A person must not, without the consent of the Minister or in accordance with a notice of the Minister under subsection (5) , remove any improvement made within a corridor. (5) The Minister may, by notice to a person who is or was – (a) a corridor manager in relation to a corridor; or (b) the holder of a lease, in relation to land within a corridor, that has expired or been cancelled; or (c) the holder of a lease, in relation to land within a corridor, under which a sublease was granted – issue a direction to the person. (6) A direction in a notice under subsection (5) to a person may direct the person – (a) to remove from a corridor, within the period specified in the notice, an improvement made by or on behalf of the person or under the sublease; and (b) to make good any damage caused by the removal of the improvement. (7) If the Minister issues under subsection (5) a notice to a person in relation to an improvement – (a) despite subsection (2) , the improvement does not vest in the Crown; and (b) the person must comply with the notice; and (c) if the person fails, within a reasonable time after the notice is issued, to comply with the notice, the Minister may do any or all of the following: (i) cause the improvement to be removed; (ii) cause to be made good any damage caused by the removal of the improvement; (iii) dispose of the improvement, including by sale. (8) Any costs reasonably incurred by the Minister in taking any action in accordance with subsection (7)(c) (other than costs related to the disposal of an improvement by way of sale) because a person has failed to comply with a notice are recoverable as a debt due to the Crown from the person. Division 4 - Business permissions 43. Prohibition on undertaking business on corridor (1) A person, other than a corridor manager, must not – (a) sell, or hire out, on a corridor, any article, material or other thing; or (b) offer, or expose for sale or hiring out, on a corridor, any article, material or thing; or (c) have in his or her possession, on a corridor, for selling or hiring out, any article, material or other thing; or (d) provide, offer to provide, or hold himself or herself out as willing to provide, on a corridor, any service or facility for any monetary or other consideration; or (e) erect a sign on a corridor, other than a sign to provide information to the public relating to the corridor safety and use objectives. Penalty: Fine not exceeding 50 penalty units. (2) Subsection (1) does not apply in relation to the carrying out, under a business permission or a business licence, of an activity to which that subsection relates. 44. Application for business permission (1) A person may apply to the corridor manager in relation to the corridor for a business permission. (2) An application is to be – (a) in writing; and (b) accompanied by the fee, if any, determined by the corridor manager; and (c) accompanied by any information and documents that the corridor manager requires; and (d) lodged with the corridor manager. (3) The corridor manager may