Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 64

Level crossings

64. Level crossings



(1) Despite anything to the contrary in any other Act or law, a person to
which this section applies-

   (a)  may use level crossings connecting parts of the rail infrastructure or
        tram infrastructure to which an agreement, lease or licence relating
        to, or connected with, a service provided by that person applies
        (being an agreement, lease or licence between that person and Rail
        Track or that person and the Crown) subject to and in accordance with
        that agreement, lease or licence; and

   (b)  may close the level crossing to road traffic while the railway track
        or tramway track is in use, subject to and in accordance with that
        agreement, lease or licence.

(2) 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 (3), subject to any
        terms and conditions specified in that Order;

        (i)    a person authorised, in accordance with the agreement, lease or
               licence referred to in subsection (1), by a person referred to
               in paragraph (c), (d), (f), (g) or (h) to exercise a power
               conferred on the authorising person by this section, subject to
               any terms and conditions specified in the authorisation.

(3) 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 or 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.