RAIL SAFETY NATIONAL LAW (NSW) - SECT 175
Issue of improvement notices
RAIL SAFETY NATIONAL LAW (NSW) - SECT 175
Issue of improvement notices
175 Issue of improvement notices
(1) This section applies if a rail safety officer reasonably believes that a
person--
(a) is contravening a provision of this Law; or
(b) has contravened
a provision of this Law in circumstances that make it likely that the
contravention will continue or be repeated; or
(c) is carrying out or has
carried out--
(i) railway operations that threaten safety; or
(ii) other
operations that threaten rail safety.
(2) Subject to this section, the rail
safety officer may issue an improvement notice requiring the person--
(a) to
remedy the contravention; or
(b) to prevent a likely contravention from
occurring; or
(c) to remedy the things or operations causing the
contravention or likely contravention; or
(d) to carry out railway operations
or other operations so that safety is not threatened or likely to be
threatened.
(3) Before serving an improvement notice issued to a person on a
ground stated in subsection (1)(a) or (b) that includes a direction that the
person take specified action to remedy the contravention or prevent the likely
contravention, or to remedy the things or operations causing the contravention
or likely contravention, the Regulator must, if of the opinion that the action
is likely to result in significant costs or expenses to the person or any
other person--
(a) conduct or cause to be conducted a cost-benefit analysis of
the effect of the action; and
(b) consult with the Premier or Chief Minister,
the Treasurer, and any other Minister, of a participating jurisdiction whose
area of responsibility is likely to be affected by the action.
(4) Before
serving an improvement notice issued to a person on a ground stated in
subsection (1)(c) that includes a direction that the person take specified
action by which railway operations or other operations may be carried out so
that safety is not threatened or likely to be threatened, the Regulator must,
if of the opinion that the action is likely to result in significant costs or
expenses to the person or any other person--
(a) conduct or cause to be
conducted a cost-benefit analysis of the effect of the action; and
(b)
consult with the Premier or Chief Minister, the Treasurer, and any other
Minister, of a participating jurisdiction whose area of responsibility is
likely to be affected by the action.
(5) Subsections (3) and (4) do not apply
if the Regulator considers it necessary to take immediate action in the
interests of safety but, if the action is likely to result in significant
costs or expenses to the person or any other person, the Regulator must, as
soon as practicable after taking the action--
(a) conduct or cause to be
conducted a cost-benefit analysis of the effect of the action; and
(b)
consult with the Premier or Chief Minister, the Treasurer, and any other
Minister, of a participating jurisdiction whose area of responsibility is
likely to be affected by the action.
