RAIL SAFETY NATIONAL LAW (NSW) - SECT 199 Power to require works to stop

RAIL SAFETY NATIONAL LAW (NSW) - SECT 199

199 Power to require works to stop

(1) A person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten--

(a) the safety of the railway; or

(b) the operational integrity of the railway,

notify the relevant rail infrastructure manager of the intention to carry out those works.

: Maximum penalty--

(a) in the case of an individual--$20 000;

(b) in the case of a body corporate--$100 000.

(1a) If a rail infrastructure manager believes on reasonable grounds that proposed works of which the manager has been notified under subsection (1) threaten, or are likely to threaten--

(a) the safety of the manager's railway; or

(b) the operational integrity of the manager's railway,

the manager may, by written notice, give the person advice in connection with the proposed work.

(2) If--

(a) a person is carrying out, or proposes to carry out, works near a railway; and

(b) the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten--

(i) the safety of the railway; or

(ii) the operational integrity of the railway,

the Regulator may, by written notice, give the person a direction to stop, alter or not to commence the work.

(3) If--

(a) a rail transport operator is carrying out, or proposes to carry out, railway operations on or near land on which there is infrastructure, or works, of a utility; and

(b) the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten--

(i) the safety of the utility infrastructure or works; or

(ii) the safe provision by the utility of water, gas or electricity or other like services,

the Regulator may, by written notice, give the operator a direction to stop, alter or not to commence the railway operations.

(4) A person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse.

: Maximum penalty--

(a) in the case of an individual--$20 000;

(b) in the case of a body corporate--$100 000.

(5) If a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3), the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice.

(6) A person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse.

: Maximum penalty--

(a) in the case of an individual--$10 000;

(b) in the case of a body corporate--$50 000.

(7) Subsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse.

(8) Subject to subsection (9), a notice under this section must--

(a) include information about the right to a review under Part 7 of the decision to serve the notice; and

(b) state that the notice is served under this section.

(9) Subsection (8)(a) does not apply to a notice under subsection (1a).