NSW Rail Trails Frequently Asked Questions

Here are the frequently asked questions about NSW Rail Trails.

How can we progress our proposal if the local council does not wish to be the rail trail proponent?

A rail trail proposal on NSW Government land cannot proceed without the relevant local council(s) as the proponent. The NSW Government will only enter into a lease to manage and maintain the railway corridor land and rail trail (for up to 30 years) with local council(s).

Where a railway corridor is privately owned, it is not required to go through the regulation process or enter into a lease with Transport for NSW (TfNSW), and Transport Asset Holding Entity (TAHE – the landowner). In this case, a funding proposal to the NSW Government for a privately owned railway corridor must be submitted by the landowner as an eligible program entity with demonstrated support from local council(s).

What is an acceptable level of community consultation when there are conflicting stakeholder views?

There is no one-size-fits-all approach. Each rail trail will be different in terms of an acceptable level of community consultation. The NSW Rail Trails Evaluation Summary Report and NSW Rail Trails Framework provide examples of the types of issues that may arise from within the community and guidance material on how to consult on these matters.

The Framework requires demonstrated community support as essential criteria, so the proponent must show that issues have been discussed, considered and/or addressed.

Is there a register of non-operational railway lines to check if those in our area are available for use as a rail trail?

All potential proponents must contact Transport for NSW (TfNSW), through its service provider, UGL Regional Linx, to determine the status of a disused railway line. TfNSW will advise if a non-operational railway line is potentially suitable and available for use as a rail trail.

How can I identify what assets are located along a potential rail trail route?

When a proponent contacts Transport for NSW (TfNSW)to request landowner consent, a railway corridor asset analysis is undertaken by UGL Regional Linx on behalf of TfNSW. Details on known assets are then analysed and shared with the proponent.

TfNSW will liaise with the respective council(s) in relation to rail trail assets in and along the corridor proposed to be included in the lease.

Can assets on a rail trail lease be sublet?

Assets made available to the local council(s) as part of a rail trail lease can be sublet by the council(s) only where the sublet arrangements are for tourism, recreation, or related purposes. This can be agreed as part of the leasing process.

What land and assets will need to be managed by the council as a part of the rail trail lease?

Each rail trail will differ, but understanding this from the outset helps to determine the trail’s viability. Usually, a proponent’s rail trail lease will include the full width of the railway corridor land, that is, fence to fence, and not just the width of the tracks. However, Transport for NSW (TfNSW) may wish to exclude specific parcels of land within a corridor from being included in a lease – for example where it wishes to dispose of a site or where there are current leases in place.

Available corridor land will be provided to proponents at the time of landowner consent, along with TfNSW’s preferred boundaries and inclusions. Feasibility studies should not be undertaken before a council has been provided with information from TfNSW on available land. Final boundaries can then be negotiated with TfNSW. The boundaries need to be agreed between TfNSW and the proponent before the Regulation can be made.

The proponent council will be responsible for the ongoing maintenance of any rail assets (such as bridges or buildings) included within the lease boundary for the full period of the lease. On the commencement of a lease, assets will be handed over to council in an ‘as is’ condition.

We have landowner consent and require access to the railway corridor to conduct a site analysis. How can I get access and how long does it take to get an access licence for site investigations?

Transport for NSW should be contacted through its service provider UGL Regional Linx. Transport for NSW works with UGL Regional Linx to deliver operations and maintenance of rail infrastructure in NSW. UGL Regional Linx requires a minimum of 14 weeks to develop a licence to grant access to rail corridor land for site investigations. This time frame needs to be taken into account before considering funding opportunities.

What steps do we need to take before submitting a rail trail proposal to the NSW Government?

The first step for a council considering a proposal for a rail trail is to liaise with Transport for NSW (TfNSW) to secure landowner consent and to discuss the emerging proposal. This is to ensure that there are no plans to re-open the rail corridor in the mid term to support transport operations and to identify any known issues which may prohibit a rail trail development or require due consideration by council. Council(s) should also liaise with UGL Regional Linx to apply for a third-party corridor access licence to undertake site assessments and obtain subject land assessment details such as available land, boundaries, existing leases and known contamination sites.

Further steps that a council should take prior to submitting a request for funding for construction of a rail trail or a request to close a disused railway line include:

establishing governance structures
preparing a concept/masterplan
undertaking the consultation process
seeking community support
creating a viable business model and others as outlined in the Framework Process for Establishing a Rail Trail.

To submit a proposal to the NSW Government for funding or to begin the Regulation process to turn a disused railway line into a rail trail, the proposal must address the Framework essential criteria.

What is the difference between a lease and a licence?

UGL Regional Linx issues a licence, on behalf of Transport for NSW, to potential proponents seeking access to disused railway corridor land to conduct site investigations, to enable the proponent to undertake their due diligence prior to formalising their rail trail proposal. Issuing of a licence for site investigations is not a guarantee that a lease will subsequently be issued for exclusive use of the land for the purposes of a rail trail.

A lease is only negotiated between TfNSW and the rail trail proponent once a rail trail proposal has been finalised and a regulation is ready to be made. Once agreed, the lease allows the proponent council(s) to develop, operate and maintain the rail trail within the defined lease boundary for a period of up to 30 years.

Does the local council have to dismantle the existing railway line infrastructure such as sleepers to build a rail trail?

There are no requirements that require council(s) to remove existing railway lines to construct a rail trail. If applicable, local council(s) and community may propose to build a rail trail alongside the existing railway line. Proponents should note that a survey is required to define the location of the track and boundaries if it’s intended to remove the railway lines. Transport for NSW (TfNSW) can provide further information on this if required.

If a proponent decides that it does want to remove existing rail infrastructure, then TfNSW/TAHE may consider directing the local council(s) to sell any surplus rail infrastructure (where it is not required elsewhere on the network) at market value. Proceeds derived from the sale must go towards the cost of rail trail construction or ongoing rail trail operation and maintenance costs. It should be noted that Division 4 of the Rail Safety National Law applies, and councils will be required to be either accredited or seek an exemption from accreditation prior to removal of rail infrastructure. TfNSW can provide further information on this if required.

Our council received grant funding for a rail trail prior to the release of the NSW Rail Trail Framework. Do we still have to demonstrate that we meet the 3 essential criteria in the Framework?

Yes. Proposals to the NSW Government to use public railway corridor land (not private) must meet the 3 essential criteria outlined in the Framework i.e. demonstrated community support, evidence of a viable business model and that environmental impacts including biosecurity are being addressed.

Where a project received funding prior to the release of the Framework in June 2022, local council(s) must demonstrate to the NSW Government that the criteria has been addressed. The NSW Government will assess the proposal prior to commencing the regulations process.

Our community has a privately owned disused railway line. Do we still need to work with Transport for NSW?

No. Proposals to repurpose a disused railway line into a rail trail that are privately owned do not need to go through a regulations process. Nor do they require a lease with TfNSW/TAHE.

Applicants of privately owned rail trails can still apply for government funding programs, where they meet the eligibility criteria; where the proponent is the landholder, and the proposal is endorsed by the relevant council(s); and the rail trail would be used as an asset open for public use.

What is the regulation process and how long does it take?

The development and operation of a rail trail can now be enabled though a new regulation being made. This has sped up the process and means the line does not need to be formally closed.

For each new rail trail proposed, a new regulation is made to amend Part 3B of the Transport Administration (General) Regulation 2018. The process time varies, depending on how thoroughly the proponent has addressed the essential criteria in the Framework and time required to address any issues arising through the stakeholder consultation.

The regulation process is led by TfNSW. This includes TfNSW, on behalf of the Minister for Regional Transport and Roads, consulting with stakeholders as detailed under s99E(5) of the Transport Administration Act 1988 (NSW) (the Act). The consultation period is a minimum of 28 days.

As a guide, proponents should allow a minimum of 4 to 6 months for a regulation to be made.

Is rail trail funding required prior to the making of a regulation to repurpose a disused railway line into a rail trail?

A regulation will not be considered until a proponent has secured funding for a rail trail.

Under the Framework, a proponent’s proposal must meet the essential criteria, including demonstrating a viable business model.

If funding has been secured through a NSW Government funding program, the Funding Deed will be contingent on the making of the rail trail regulation. The Funding Deed will typically not be executed by the funding agency until the regulation has been made.

What types of funding are required for rail trails and what are some possible rail trail funding sources?

Funding required for the development and operation of a rail trail can be broken down into 3 broad areas:

pre-construction such as planning and consultation
construction
post-construction including operation and maintenance.

In addition to private/public funding models, sublet businesses and other operational funding sources have been provided as guidance material in the Framework. Rail trails may be eligible under a variety of funding programs offered by the NSW and Commonwealth governments, including jointly funded programs.

It is important to note that to be eligible for grant program funding, the Framework outlines that rail trail proponents must demonstrate project viability, including ongoing rail trail operation and maintenance costs. Landowner consent must additionally be obtained from Transport for NSW and attached to the grant program funding application.

NSW funding opportunities are publicly available on the Grants and Funding Finder website.

To verify if your rail trail proposal is suitable, check the program, entity and project eligibility criteria.