s. 5 5 Meaning of control A person controls rail infrastructure if the person— (a) owns the rail infrastructure and uses that infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (b) is entitled, under a right conferred by an Act or an agreement, to use rail infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (c) is required under a binding access arrangement or dispute resolution decision to allow another person to operate rolling stock on a railway forming part of rail infrastructure that the person— (i) owns; or (ii) uses under a right conferred by an Act or an agreement. 6 Railways to which this Act does not apply S. 6 amended by No. 23/2013 (1) This Act does not apply to— s. 8(4) (ILA s. 39B(1)). (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or
5 Meaning of control A person controls rail infrastructure if the person— (a) owns the rail infrastructure and uses that infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (b) is entitled, under a right conferred by an Act or an agreement, to use rail infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (c) is required under a binding access arrangement or dispute resolution decision to allow another person to operate rolling stock on a railway forming part of rail infrastructure that the person— (i) owns; or (ii) uses under a right conferred by an Act or an agreement. S. 6 amended by No. 23/2013 s. 8(4) (ILA s. 39B(1)). 6 Railways to which this Act does not apply s. 5 (1) This Act does not apply to— (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or
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