NSW RAIL TRAIL FRAMEWORK. HOW IT WORKS?
Under the NSW Government NSW Rail Trails Framework, converting a disused rail corridor into a rail trail is not something a council can simply decide to do on its own. It is a formal state approval process designed to protect public transport corridors while allowing temporary alternative use.
The three essential criteria
Before a proposal can even be considered, the council must demonstrate:
Strong community support
Genuine consultation must be undertaken.
Concerns raised by residents, landowners, heritage groups, and rail advocates must be addressed.
A viable business model
The project must be financially sustainable.
This includes construction, ongoing maintenance, operations, and long-term funding.
Environmental and biosecurity impacts are properly addressed
This includes biodiversity, weeds, erosion, cultural heritage, and land management risks.
What happens after a council submits an application?
Once a council submits a formal proposal, the process moves to Transport for NSW and the relevant Minister.
Step 1: Assessment by NSW Government
Transport for NSW reviews whether the proposal satisfies the Framework's essential criteria and whether the corridor is suitable for rail-trail use.
Step 2: Statutory stakeholder consultation
If the proposal proceeds, TfNSW conducts formal consultation on behalf of the Minister under section 99E(5) of the Transport Administration Act 1988.
Consultation must run for at least 28 days.
Relevant stakeholders are invited to comment.
These typically include:
affected landowners
local councils
utility providers
heritage bodies
emergency services
other government agencies
Step 3: Ministerial consideration
After consultation, the Minister considers:
whether the Framework criteria have been met
consultation outcomes and objections
whether the corridor should be made available for rail-trail purposes
whether the public interest is served
The Minister is not obliged to approve the proposal.
Step 4: Regulation amendment
If approved, the NSW Government makes a specific regulation amending Part 3B of the Transport Administration (General) Regulation 2018.
This regulation:
authorises rail-trail use of that specific corridor
allows the rail line to remain legally open (not formally closed)
preserves the corridor for possible future transport use
That legal trick is rather clever: the railway isn't "closed," just temporarily repurposed.
Step 5: Lease arrangement
Only after the regulation is made can TfNSW/TAHE enter into a lease—usually up to 30 years—with the local council.
The council then becomes responsible for:
construction
operation
maintenance
risk management
public liability
Important limitations
A regulation will not be considered until funding is secured.
Site investigation licences do not guarantee final approval.
The Minister can refuse or request further work.
Final lease boundaries must be agreed before the regulation is made.
Practical timeframe
From submission to final regulation, councils should allow at least:
4 to 6 months, and often longer if there are significant objections or unresolved issues.
Key point for communities
A council application is only the beginning—not the final decision. The Minister retains ultimate authority, and demonstrated community opposition can be highly influential in determining whether a proposal proceeds.