RAIL SAFETY NATIONAL LAW (NSW) - SECT 7
Railways to which this Law does not apply
RAIL SAFETY NATIONAL LAW (NSW) - SECT 7
Railways to which this Law does not apply
7 Railways to which this Law does not apply
(1) This Law does not apply to or in relation to--
(a) a railway in a mine
that is underground, or chiefly underground, and that is used in connection
with the performance of mining operations; or
(b) a slipway; or
(c) a
railway used only to guide a crane; or
(d) an aerial cable operated system;
or
(e) a railway used only by a horse-drawn tram; or
(f) a railway used only
for a static display; or
(g) any other railway, or class of railway,
prescribed by the national regulations to be a railway, or railway of a class,
to which this Law does not apply.
(2) This Law does not apply to or in
relation to the following railways--
(a) a railway that--
(i) is privately
owned and operated as a hobby; and
(ii) is operated only on private property;
and
(iii) does not operate on or cross a public road; and
(iv) is not
operated for hire or reward, or provided on hire or lease; and
(v) to which
members of the public do not have access (whether by invitation or otherwise);
(b) a railway that--
(i) is used only for the purposes of an amusement
structure; and
(ii) is operated only within an amusement park; and
(iii)
does not operate on or cross a public road; and
(iv) is not connected with
another railway in respect of which a rail transport operator is required to
be accredited or registered under this Law.
(3) Despite subsection (2)(b),
the national regulations may prescribe a specified railway of a class referred
to in that paragraph to be a railway to which or in relation to which this Law
applies.