New South Wales Consolidated Regulations

RAIL SAFETY (GENERAL) REGULATION 2008 - REG 46A

46A Exemption from accreditation: Rail Infrastructure Corporation

(1) RIC is exempt from the provisions of Part 3 of the Act and any regulations made under those provisions.

(2) The exemption under this clause is subject to the following conditions:

(a) that RIC must comply with any reasonable request made by the ITSRR for information or a report relating to any of the following:

(i) the operation and maintenance of the RIC rail network, other than the Interstate and Hunter Valley rail network (known as the country regional network),

(ii) the maintenance of public overbridges,

(b) that RIC ensures, to the satisfaction of the ITSRR, that ARTC:

(i) identifies and assesses, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of ARTC on the RIC rail network that may be caused wholly or partly by the maintenance of a public overbridge by a person or body engaged by RIC for that purpose, and

(ii) determines measures to manage, so far as is reasonably practicable, those risks, and

(iii) for the purpose of managing those risks, seeks to enter into a safety agreement with that other person or body,

(c) that RIC ensures, to the satisfaction of the ITSRR, that any person or body engaged by RIC to maintain a public overbridge:

(i) identifies and assesses, so far as is reasonably practicable, risks to safety that may arise from such maintenance that may be caused wholly or partly by railway operations carried out by or on behalf of ARTC or another rail transport operator, and

(ii) determines measures to manage, so far as is reasonably practicable, those risks, and

(iii) for the purpose of managing those risks, seeks to enter into a safety agreement with ARTC or the other rail transport operator (as the case may be).

(3) In this clause:
"ARTC" means the Australian Rail Track Corporation Ltd (ACN 081 455 754).
"public overbridge" means a bridge, owned by, or vested in, RIC, that enables the public to pass over any part of the RIC rail network.
"RIC" means the Rail Infrastructure Corporation constituted under the Transport Administration Act 1988 .
"RIC rail network" means the part of the NSW rail network vested in or owned by RIC.
"safety agreement" means an agreement in writing about managing risks to safety identified and assessed under this clause that includes provisions for:

(a) implementing and maintaining measures to manage those risks, and

(b) the evaluation, testing and, if appropriate, revision of those measures, and

(c) the respective roles and responsibilities of each party to the agreement in relation to those measures, and

(d) procedures by which each party to the agreement will monitor compliance with the obligations under the agreement, and

(e) a process for reviewing and revising the agreement.