New South Wales Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 1993 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

(Section 102)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:

Traffic Legislation Amendment Act 1997 (but only in relation to the amendments made to this Act)

Sydney Harbour Foreshore Authority Act 1998 (but only in relation to the amendments made to this Act)

(2) Any such provision may, if the regulations so provide, take effect as from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on the enactment of this Act

2 Definitions

In this Schedule:
"the 1988 Act" means the Transport Administration Act 1988 .
"the commencement day" means the day on which Part 2 (other than sections 11 and 28) of this Act commences.

3 Certain owners taken to be accredited

(1) An owner who, immediately before the commencement day, owned a railway to which this Act applies is taken to be an accredited owner for the purposes of this Act for that railway for a period ending one month after the commencement day.

(2) If, during the period of one month referred to in subclause (1), an owner applies to the Director-General for accreditation or interim accreditation under Division 1 of Part 2, the owner is taken to be an accredited owner for the railway concerned until such time as the owner’s application for accreditation or interim accreditation has been determined by the Director-General.

4 Certain operators taken to be accredited for period

(1) An operator who, immediately before the commencement day, was a party, or subject, to an agreement, licence or other arrangement made pursuant to the 1988 Act which entitled the operator to operate a railway on track owned or controlled by the State Rail Authority is taken to be an accredited operator under this Act for that railway for a period ending 6 months after the commencement day.

(2) An operator to whom this clause applies who wishes to obtain accreditation must apply to the Director-General for accreditation in accordance with Part 2 of this Act.

5 Authorised officers-alcohol or other drugs

On the commencement day, a person authorised for the purposes of Schedule 4 (Railway staff-alcohol or other drugs) to the 1988 Act immediately before that day is taken to be authorised for the purposes of Schedule 2 of this Act for a period of 12 months after the commencement day.

Part 3 - Provisions consequent on enactment of Sydney Harbour Foreshore Authority Act 1998

6 Darling Harbour (Monorail) Regulation 1995

The Darling Harbour (Monorail) Regulation 1995 is taken to be a regulation under this Act, and may be amended and repealed accordingly.