Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 61

No obligation to fence

61. No obligation to fence



(1) Despite any Act or rule of law to the contrary, a person to which this
section applies-

   (a)  is not required to fence or contribute to the fencing of any portion
        of a railway or tramway; and

   (b)  is not liable for any damage that may be caused by reason of any
        railway or tramway not being fenced in or fenced off.

(2) A person to which this section applies may, but is not obliged to, erect
and maintain such fences in connection with a railway or tramway as it thinks
proper.

(3) This section applies to-



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   (c)  Rail Track;

   (d)  V/Line Passenger Corporation;









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   (f)  train operators;

   (g)  tram operators;

   (h)  a person specified in an Order under subsection (4), subject to any
        terms and conditions specified in that Order.

(4) The Governor in Council, by Order published in the Government Gazette, may
declare that this section applies, on and from a date specified in the Order
and subject to any terms and conditions specified in the Order, to a person
specified in the Order that-

   (a)  is a party to a contract with the Secretary or the Director acting on
        behalf of the Crown for the provision by that person of a passenger
        service; or

   (b)  is a party to a lease with Rail Track, the Secretary or the Director
        acting on behalf of the Crown in relation to any rail infrastructure
        or tram infrastructure owned by Rail Track, or the Crown.