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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 33A

Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land

    (1)     In this section—

S. 33A(1) def. of
access amended by No. 23/2013 s. 40(a).

"access" means a right to access any rail land for the purpose of conducting road works or ancillary rail works.

S. 33A(1) def. of rail land repealed by No. 23/2013 s. 40(b).

    *     *     *     *     *

S. 33A(1) def. of Rail Track substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 40.2) (as amended by No. 45/2010 s. 22), repealed by No. 23/2013 s. 40(b).

    *     *     *     *     *

S. 33A(1) def. of road authority repealed by No. 23/2013 s. 40(b).

    *     *     *     *     *

S. 33A(1) def. of
works contractor repealed by No. 23/2013 s. 40(b).

    *     *     *     *     *

S. 33A(1) def. of
works manager repealed by No. 23/2013 s. 40(b).

    *     *     *     *     *

    (2)     This section applies if—

        (a)     Rail Track or a road authority applies to the Safety Director for a direction under this section; and

        (b)     the Safety Director is satisfied that Rail Track, the road authority or a works contractor engaged by Rail Track or the road authority requires access; and

        (c)     the Safety Director is satisfied that—

              (i)     Rail Track or the road authority has made a reasonable attempt to obtain an agreement for access from the rail infrastructure manager and the rail infrastructure manager is unreasonably refusing to enter such an agreement, or is otherwise unreasonably delaying the negotiation of such an agreement on the grounds of purported safety concerns; or

              (ii)     Rail Track or the road authority has entered into an agreement for access with the rail infrastructure manager and the rail infrastructure manager is unreasonably denying or limiting access on the grounds of purported safety concerns.

    (3)     If this section applies and the Safety Director is satisfied that arrangements for access can be made under which the proposed road works or ancillary rail works can be conducted safely, the Safety Director may issue a written notice to the rail infrastructure manager and Rail Track or the road authority warning that the Safety Director may issue a direction under this section.

    (4)     A notice under subsection (3)—

        (a)     must warn the rail infrastructure manager and Rail Track or the road authority of the Safety Director's powers under this section; and

        (b)     may contain suggested arrangements for access under which the proposed road works or ancillary rail works can be conducted safely; and

        (c)     may set a date by which—

              (i)     an agreement for access is to be entered into; or

              (ii)     if an agreement already exists, access is to be granted.

    (5)     If a notice is given specifying a date under subsection (4)(c) and no agreement has been entered into, or access has not been granted, by or on that date, the Safety Director may—

        (a)     determine the arrangements for access that are to apply; and

        (b)     direct the rail infrastructure manager and Rail Track or the road authority to give effect to the arrangements.

    (6)     A direction under subsection (5)—

        (a)     must be in writing; and

        (b)     must set out any arrangements determined by the Safety Director under that subsection; and

        (c)     must be accompanied by a copy of this section.

    (7)     A person who is given a direction under subsection (5) must comply with the direction.

Penalty:     100 penalty units.

    (8)     If a person is guilty of an offence against subsection (7), the person is—

        (a)     guilty of a further offence in respect of each day after the day on which the initial offence was committed during which the person fails to comply with the direction; and

        (b)     liable to a penalty of up to 100 penalty units for each further offence.

    (9)     The Safety Director must notify an applicant under this section of the Safety Director's decision—

        (a)     to refuse the application or to issue a written notice under subsection (3);

        (b)     to issue a direction under subsection (5).

S. 34 (Heading) amended by No. 23/2013 s. 41(1).



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