RAIL SAFETY NATIONAL LAW (NSW) - SECT 149
Securing a site or rolling stock
RAIL SAFETY NATIONAL LAW (NSW) - SECT 149
Securing a site or rolling stock
149 Securing a site or rolling stock
(1) For the purpose of protecting evidence that might be relevant for
compliance or investigative purposes, an authorised officer may secure rolling
stock or the perimeter of any site at a place by whatever means the
authorised officer considers appropriate.
(2) A person must not, without the
permission of an authorised officer--
(a) enter or remain near rolling stock
that is secured under this section; or
(b) enter or remain at a site the
perimeter of which is secured under this section.
: Maximum penalty--$10 000.
(3) Subsection (2) does not apply if the person enters the rolling stock or
site, or remains near or at the rolling stock or site--
(a) to ensure the
safety of persons; or
(b) to remove deceased persons or animals from the
rolling stock or site; or
(c) to move a road vehicle, or the wreckage of a
road vehicle, to a safe place; or
(d) to protect the environment from
significant damage or pollution.
(4) An authorised officer must not
unreasonably withhold a permission referred to in subsection (2).
(5) In this
section--
"authorised officer" means a rail safety officer or a police officer.
Note :
See also Part 5 Division 3 which provides for the issue of a non-disturbance
notice.