Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 33

PART 4 PROTECTION AND CONTROL OF RAIL OPERATIONS

Safety Director may require utility works or rail operations to stop

33. Safety Director may require utility works or rail operations to stop



(1) If-

   (a)  a utility is carrying out, or proposes to carry out, works on or in
        the immediate vicinity of rail infrastructure; and

   (b)  the Safety Director reasonably believes the works threaten, or are
        likely to threaten, the safety of rail operations-

the Safety Director may, subject to subsection (3), give the utility a written
direction to stop, alter or not to start the works.

(2) If-

   (a)  a rail operator is carrying out, or proposes to carry out, rail
        operations on land on which there are works of a utility or within the
        immediate vicinity of the works of a utility; and

   (b)  the Safety Director reasonably believes the rail operations threaten,
        or are likely to threaten, the works or the safe provision by the
        utility of (as the case requires) gas, electricity or other like
        services-

the Safety Director may give the rail operator a written direction to stop,
alter or not to start the rail operations.





(3) If the utility referred to in subsection (1) or (2) is a utility that
provides, or intends to provide, gas, electricity or other like services, the
Safety Director must consult with Energy Safe Victoria before giving a
direction under either of those subsections.

(4) A utility must not fail, or refuse, to comply with a direction under
subsection (1), unless the utility has a reasonable excuse.

Penalty: In the case of a natural person, 1800 penalty units; In the case of a
body corporate, 9000 penalty units.

(5) A rail operator must not fail, or refuse, to comply with a direction under
subsection (2), unless the rail operator has a reasonable excuse.

Penalty: In the case of a natural person, 1800 penalty units; In the case of a
body corporate, 9000 penalty units.

(6) An offence against subsection (4) or (5) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).