Victorian Current Acts Victorian Current ActsS. 48F(1) amended by No. 22/2013 s. 72(2).
(1) A rail transport operator must, before carrying out railway operations that will threaten, or are likely to threaten, the safety of a road authority's road infrastructure, notify that road authority of the rail transport operator's intention to carry out those operations.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
S. 48F(2) inserted by No. 17/2009 s. 20(4).
(2) Notification under this section must be given—
(a) in writing; and
S. 48F(2)(b) amended by No. 22/2013 s. 72(3).
(b) unless subsection (3) applies, at least 28 days before the proposed carrying out of the railway operations.
S. 48F(3) inserted by No. 17/2009 s. 20(4), amended by No. 22/2013 s. 72(4)(a).
(3) If the proposed carrying out of the railway operations is due to the existence of an emergency or the requirement to carry out urgent works, the period of notice should be as much as is reasonably practicable in the circumstances.
Notes to s. 48F(3) amended by Nos 22/2013 s. 72(4)(b)(c), 41/2019 s. 117(Sch. 1 item 11.10).
Notes
1 See clause 8 of Schedule 7 for notification requirements in certain circumstances.
2 There may also be notification obligations which are relevant under the Rail Safety National Law (Victoria).
S. 48G inserted by No. 9/2006 s. 160, amended by No. 17/2009 s. 22.