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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Rail Safety (Safety Coordination) Amendment
Bill 2011
A BILL FOR
An Act to amend the Rail
Safety Act 2007.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Rail Safety
Act 2007
4Amendment of section
4—Interpretation
5Amendment of section 57—Exemption from
accreditation
6Amendment of section 58—Safety management
system
7Substitution of section
62
62Interface
coordination—rail transport operators
62AInterface
coordination—rail infrastructure and roads other than private
roads
62BInterface
coordination—rail infrastructure and private
roads
62CIdentification and assessment of
risks
62DScope of
interface agreements
62EAppointed person may give
directions
62FRegister of interface agreements
8Amendment of section 112—Temporary
closing of railway crossings, bridges etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Rail Safety (Safety Coordination) Amendment
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Rail Safety
Act 2007
4—Amendment
of section 4—Interpretation
(1) Section 4—after the definition of accredited
person insert:
appointed person means a person appointed by the Minister for
the purposes of Part 4 Division 4;
(2) Section 4—after the definition of exercise
insert:
footpath means an area open to the public that is designated
for, or 1 of its main uses is, use by pedestrians;
(3) Section 4—after the definition of jurisdiction
insert:
level crossing means an area where a road and a railway meet
at substantially the same level, whether or not there is a level crossing sign
on the road at all or any of the entrances to the area;
(4) Section 4—after the definition of prescribed drug
insert:
private road means a road in private ownership;
(5) Section 4—after the definition of rail infrastructure
manager insert:
rail or road crossing includes a railway crossing, a bridge
carrying a road over a railway and a bridge carrying a railway over a
road;
(6) Section 4, definition of railway crossing—delete
the definition and substitute:
railway crossing means—
(a) a level crossing; or
(b) any area where a footpath or shared path crosses a railway or tram
tracks at substantially the same level;
(7) Section 4—after the definition of road
insert:
road infrastructure has the same meaning as in the Road
Traffic Act 1961;
road manager—
(a) in relation to a private road—means the owner, or other person
responsible for the care, control and management, of the road;
(b) in relation to any other road—means an authority, person or body
responsible for the care, control or management of the road;
(8) Section 4, definition of safety—after "railways"
insert:
, users of rail or road crossings
(9) Section 4—after the definition of security management
plan insert:
shared path has the same meaning as in the Australian
Road Rules;
5—Amendment
of section 57—Exemption from accreditation
Section 57(2)(b)—delete "whether or not those conditions or
regulations are the same as, or similar to, any provisions of Division 4,
Division 5 or Division 6" and substitute:
(which may include conditions or regulations that are the same as, or
similar to, any provisions of Division 4, 5 or 6)
6—Amendment
of section 58—Safety management system
(1) Section 58(1)(f)(i)—after "section 62" insert:
, 62A or 62B
(2) Section 58(3)—delete "a plan" and substitute:
an agreement
Section 62—delete the section and substitute:
62—Interface coordination—rail transport
operators
(1) A rail transport
operator must—
(a) identify and assess, so far as is reasonably practicable, risks to
safety that may arise from railway operations carried out by or on behalf of the
operator because of, or partly because of, railway operations carried out by or
on behalf of any other rail transport operator; and
(b) determine measures to manage, so far as is reasonably practicable,
those risks; and
(c) for the purpose
of managing those risks—seek to enter into an interface agreement with the
other rail transport operator or rail transport operators.
Maximum penalty:
(a) where the offender is a body corporate—$300 000;
(b) where the offender is a natural person—$100 000.
(2) Except to the extent that the regulations otherwise provide,
subsection (1)(c)
does not apply if none of the rail transport operators is a rail infrastructure
manager.
62A—Interface coordination—rail
infrastructure and roads other than private roads
(1) A rail infrastructure manager must—
(a) identify and assess, so far as is reasonably practicable, risks to
safety that may arise from railway operations carried out on or in relation to
the manager's rail infrastructure because of, or partly because of, the
existence or use of any rail or road crossing that is part of the road
infrastructure of a road other than a private road; and
(b) determine measures to manage, so far as is reasonably practicable,
those risks; and
(c) for the purpose of managing those risks—seek to enter into an
interface agreement with the road manager of that road.
Maximum penalty:
(a) where the offender is a body corporate—$300 000;
(b) where the offender is a natural person—$100 000.
(2) The road manager of a road other than a private road
must—
(a) identify and assess, so far as is reasonably practicable, risks to
safety that may arise from the existence or use of any rail or road crossing
that is part of the road infrastructure of the road because of, or partly
because of, railway operations carried out on or in relation to rail
infrastructure; and
(b) determine measures to manage, so far as is reasonably practicable,
those risks; and
(c) for the purpose of managing those risks—seek to enter into an
interface agreement with the rail infrastructure manager of the rail
infrastructure.
(3) Nothing in this section authorises or requires a road manager to act
inconsistently with, or without regard to, the functions, obligations or powers
conferred on it by or under an Act other than this Act.
62B—Interface coordination—rail
infrastructure and private roads
(1) A rail
infrastructure manager must—
(a) identify and assess, so far as is reasonably practicable, risks to
safety that may arise from railway operations carried out on or in relation to
the manager's rail infrastructure because of, or partly because of, the
existence or use of any rail or road crossing that is part of the road
infrastructure of a private road; and
(b) consider whether
it is necessary to manage those risks in conjunction with the road manager of
that road and—
(i) if the rail
infrastructure manager is of the opinion that it is necessary that those risks
be managed in conjunction with the road manager—give written notice of
that opinion to the road manager and determine measures to manage, so far as is
reasonably practicable, those risks; or
(ii) if the rail
infrastructure manager is of the opinion that the management of those risks does
not need to be carried out in conjunction with the road manager—keep a
written record of that opinion; and
(c) unless
paragraph (b)(ii)
applies—for the purpose of managing those risks, seek to enter into an
interface agreement with the road manager.
Maximum penalty:
(a) where the offender is a body corporate—$300 000;
(b) where the offender is a natural person—$100 000.
(2) If a rail infrastructure manager gives a road manager of a private
road a written notice under
subsection (1)(b)(i),
the road manager must—
(a) identify and assess, so far as is reasonably practicable, risks to
safety that may arise from the existence or use of any rail or road crossing
that is part of the road infrastructure of the road because of, or partly
because of, railway operations; and
(b) determine measures to manage, so far as is reasonably practicable,
those risks; and
(c) for the purpose of managing those risks—seek to enter into an
interface agreement with the rail infrastructure manager.
Maximum penalty:
(a) where the offender is a body corporate—$300 000;
(b) where the offender is a natural person—$100 000.
62C—Identification and assessment of
risks
A rail transport operator, rail infrastructure manager or road manager that
is required under
section 62,
62A or
62B to identify and assess
risks to safety that may arise from operations carried out by another person may
do so—
(a) by itself identifying and assessing those risks; or
(b) by identifying and assessing those risks jointly with the other
person; or
(c) by adopting the identification and assessment of those risks carried
out by the other person.
62D—Scope of interface
agreements
An interface agreement under this Division may—
(a) be entered into by 2 or more rail transport operators or by
1 or more rail transport operators and 1 or more road managers;
and
(b) include measures to manage any number of risks to safety that may
arise because of, or partly because of, any railway operations; and
(c) include measures to manage any number of risks to safety that may
arise from any railway operations because of, or partly because of, the
existence or use of any road infrastructure; and
(d) make provision for or in relation to any matter by applying, adopting
or incorporating any matter contained in any document; and
(e) consist of 2 or more documents.
62E—Appointed person may give
directions
(1) This section applies if the appointed person is satisfied that a rail
transport operator, rail infrastructure manager or road manager referred to in
section 62,
62A or
62B—
(a) is unreasonably refusing or failing to enter into an interface
agreement with another person as required under this Division; or
(b) is unreasonably delaying the negotiation of such an
agreement.
(2) The appointed
person may issue a written notice to the rail transport operator, rail
infrastructure manager or road manager (as the case requires) and the other
person that—
(a) warns of the appointed person's powers under this section, including
the power to issue a direction under
subsection (3) at
any time after a specified date; and
(b) includes a copy of this section; and
(c) may contain suggested terms for inclusion in an interface
agreement.
(3) If the appointed
person issues a notice under
subsection (2) to
a rail transport operator, rail infrastructure manager or road manager, the
appointed person may, in writing, require the operator or manager to provide
such information as the appointed person reasonably requires for the purposes of
making a direction under this section.
(4) If a notice is
issued under
subsection (2) and
an interface agreement has not been entered into by or on the date specified in
the notice, the appointed person—
(a) may determine the arrangements that are to apply in relation to the
management of risks to safety referred to in
section 62,
62A or
62B (as the case requires);
and
(b) may direct either or both persons to whom the notice is issued to give
effect to those arrangements; and
(c) must specify by when a direction must be complied with.
(5) A direction under
subsection (4)—
(a) must be in writing; and
(b) must set out any arrangements determined by the appointed person under
that subsection.
(6) A person to whom a notice or direction is given under this section
must comply with the notice or direction within the time specified in the notice
or direction.
Maximum penalty:
(a) where the offender is a body corporate—$120 000;
(b) where the offender is a natural person—$40 000.
62F—Register of interface
agreements
(1) A rail transport operator must maintain a register of—
(a) interface agreements to which it is a party; and
(b) arrangements determined by the appointed person under
section 62E,
that are applicable to its railway operations.
Maximum penalty: $10 000.
(2) A road manager must maintain a register of—
(a) interface agreements to which it is a party; and
(b) arrangements determined by the appointed person under
section 62E,
that are applicable to any road in relation to which it is the road
manager.
Maximum penalty: $10 000.
8—Amendment
of section 112—Temporary closing of railway crossings, bridges
etc
Section 112—after "bridge" wherever occurring insert in each
case:
, subway