RAIL SAFETY NATIONAL LAW (NSW) - SECT 108
Interface coordination--rail infrastructure and private roads
RAIL SAFETY NATIONAL LAW (NSW) - SECT 108
Interface coordination--rail infrastructure and private roads
108 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 the
extent to which those risks are managed by any prescribed protocols; and
(c)
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
(d) unless
paragraph (c)(ii) applies--for the purpose of managing those risks, seek to
enter into an interface agreement with the road manager.
: Maximum penalty--
(a) in the case of an individual--$50 000;
(b) in the case of a body
corporate--$500 000.
(2) If a rail infrastructure manager gives a road
manager of a private road a written notice under subsection (1)(c)(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.