Supporters of maintaining the rail line into Newcastle are hopeful that their fight against NSW government鈥檚 plans to remove the line into the CBD will prevail.
The community has fought for more than a decade against state government attempts to cut the rail into the city centre. Developers have long wanted to exploit the city centre鈥檚 prime rail line land as it has never been mined and is considered ideal for multi-story developments. Their mates in the NSW parliament have been only too keen to help out.
On July 17, the Supreme Court finished hearing an appeal against the line鈥檚 closure bought by Save Our Rail. President of Save our Rail (SOR), Joan Dawson, told 91自拍论坛 Weekly: 鈥淭he Baird government is wasting public money on a raft of highly qualified legal representatives. But SOR has presented a credible case against the government鈥檚 secretive plans to replace the rail corridor with massive buildings鈥.
SOR was formed in 2003 and has been active ever since. On Boxing Day last year, the NSW government illegally closed the line into Newcastle. The law requires that a rail line can only be closed by an Act of parliament. This never happened.
To avoid its statutory requirements, the government had 鈥渧ested鈥 ownership of the land on December 18 from the state rail entity to Hunter Development Corporation (HDC). That way, it would be HDC closing the rail, not the government circumventing the law.
But the Supreme Court ruled that HDC was therefore a 鈥渞ail operator鈥 and was bound by Transport Administration Act 1988.
The NSW government met on Christmas Day to rescind that ownership agreement, thus ensuring that HDC owned the overhead wires only and Railcorp retained the rail line.
As HDC was not now a 鈥渞ail operator鈥, it disabled the line by removing the overhead wires, boom gates and other infrastructure. It then created temporary road crossings by covering the line with road base and turf. Dawson said the effect was an immediate 5% drop in trade, which led to shops closing or cutting staff.
At the appeal Tim Robertson, acting for HDC, said the line was not closed if only a section of it was removed. To this, Judge Meagher responded that 鈥渋t would depend if you want to get to Newcastle Station by train鈥.
Robertson said the new interchange, out of town at Wickham, had already been built 鈥 a claim howled down by SOR supporters.
SOR鈥檚 barrister Shane Prince argued the government had used spin to evade a law designed to protect public rail lines from closure. He said the Transport Administration Act 1988 was designed to protect public rail lines throughout NSW so that they could not be sold off for private use and profit.
The three judges will now consider the matter.
鈥淲e've already won in the 'court of public opinion',鈥 Dawson said, 鈥渂ecause we've presented a credible case against the government's efforts to replace trains with buildings.
鈥淭he Baird government鈥檚 weapons have been secrecy, deception and a huge waste of public money.
鈥淭he Appeal relied on interpretations and definitions in the Transport Administration Act, as well as the idea that the Growth Centres (Development Corporations) Act 1974 and the Compulsory Acquisitions (Just Terms Compensation) Act 1991 would override it.
鈥淩obertson, used every trick in the book to waste time and confuse the three judges.
鈥淚f the Baird government wins the appeal, the Newcastle rail corridor will be flogged off to developers.
鈥淭he ramifications will be felt state-wide: all rail lines and other public spaces in NSW could come under the same pressure.
鈥淪OR believes that taller buildings 鈥 which are unable be built on undermined land 鈥 will sprout up along the disused rail corridor.
鈥淲e are also concerned that public monies are being wasted removing a line, which could be better spent on providing faster and more frequent services to Sydney and other identified Hunter projects.
鈥淲e will not give up the fight. The future of Newcastle City and the need of Hunter communities to access the beach and city amenities is too important,鈥 Dawson said.
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