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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 33

Safety Director may require utility works or railway operations to stop

    (1)     If—

        (a)     a utility is carrying out, or proposes to carry out, works on or in the immediate vicinity of rail infrastructure; and

S. 33(1)(b) amended by No. 23/2013 s. 39(2)(a).

        (b)     the Safety Director reasonably believes the works threaten, or are likely to threaten, the safety of railway operations

the Safety Director may, subject to subsection (3), give the utility a written direction to stop, alter or not to start the works.

S. 33(2) amended by No. 23/2013 s. 39(2).

    (2)     If—

S. 33(2)(a) amended by No. 23/2013 s. 39(2).

        (a)     a rail transport operator is carrying out, or proposes to carry out, railway operations on land on which there are works of a utility or within the immediate vicinity of the works of a utility; and

S. 33(2)(b) amended by No. 23/2013 s. 39(2)(a).

        (b)     the Safety Director reasonably believes the railway operations threaten, or are likely to threaten, the works or the safe provision by the utility of (as the case requires) gas, electricity or other like services—

the Safety Director may give the rail transport operator a written direction to stop, alter or not to start the railway operations.

    (3)     If the utility referred to in subsection (1) or (2) is a utility that provides, or intends to provide, gas, electricity or other like services, the Safety Director must consult with Energy Safe Victoria before giving a direction under either of those subsections.

    (4)     A utility must not fail, or refuse, to comply with a direction under subsection (1), unless the utility has a reasonable excuse.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

S. 33(5) amended by No. 23/2013 s. 39(2)(b).

    (5)     A rail transport operator must not fail, or refuse, to comply with a direction under subsection (2), unless the rail transport operator has a reasonable excuse.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

    (6)     An offence against subsection (4) or (5) is an indictable offence.

Note to s. 33(6) amended by No. 68/2009 s. 97(Sch. item 101.8).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act   2009 ).

S. 33A inserted by No. 26/2009 s. 11.



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