Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 33A

Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land

33A. Safety Director may give directions in relation to safe arrangements for
the conducting of works on rail land



(1) In this section-

access means a right to access any rail land for the purpose of conducting
road works or ancillary rail works;

rail land includes-

   (a)  any land specified in paragraphs (a) and (b) of the definition of
        railway premises in section 3(1); and

   (b)  any land occupied by a railway infrastructure manager under the
        relevant rail infrastructure lease; Rail Track means Victorian Rail
        Track established by Division 2 of Part 2 of the
        Rail Corporations Act 1996; road authority has the same meaning as it
        has in section 3(1) of the Road Management Act 2004; works contractor
        means any person engaged directly or indirectly by Rail Track or a
        road authority to conduct road works or ancillary rail works on behalf
        of Rail Track or the road authority, including a subcontractor; works
        manager means Rail Track, a road authority or a works contractor.

(2) This section applies if-

   (a)  Rail Track or a road authority applies to the Safety Director for a
        direction under this section; and

   (b)  the Safety Director is satisfied that Rail Track, the road authority
        or a works contractor engaged by Rail Track or the road authority
        requires access; and

   (c)  the Safety Director is satisfied that-

   (i)  Rail Track or the road authority has made a reasonable attempt to
        obtain an agreement for access from the rail infrastructure manager
        and the rail infrastructure manager is unreasonably refusing to enter
        such an agreement, or is otherwise unreasonably delaying the
        negotiation of such an agreement on the grounds of purported safety
        concerns; or

   (ii) Rail Track or the road authority has entered into an agreement for
        access with the rail infrastructure manager and the rail
        infrastructure manager is unreasonably denying or limiting access on
        the grounds of purported safety concerns.

(3) If this section applies and the Safety Director is satisfied that
arrangements for access can be made under which the proposed road works or
ancillary rail works can be conducted safely, the Safety Director may issue a
written notice to the rail infrastructure manager and Rail Track or the road
authority warning that the Safety Director may issue a direction under this
section.

(4) A notice under subsection (3)-

   (a)  must warn the rail infrastructure manager and Rail Track or the road
        authority of the Safety Director's powers under this section; and

   (b)  may contain suggested arrangements for access under which the proposed
        road works or ancillary rail works can be conducted safely; and

   (c)  may set a date by which-

   (i)  an agreement for access is to be entered into; or

   (ii) if an agreement already exists, access is to be granted.

(5) If a notice is given specifying a date under subsection (4)(c) and no
agreement has been entered into, or access has not been granted, by or on that
date, the Safety Director may-

   (a)  determine the arrangements for access that are to apply; and

   (b)  direct the rail infrastructure manager and Rail Track or the road
        authority to give effect to the arrangements.

(6) A direction under subsection (5)-

   (a)  must be in writing; and

   (b)  must set out any arrangements determined by the Safety Director under
        that subsection; and

   (c)  must be accompanied by a copy of this section.

(7) A person who is given a direction under subsection (5) must comply with
the direction.

Penalty: 100 penalty units.

(8) If a person is guilty of an offence against subsection (7), the person is-

   (a)  guilty of a further offence in respect of each day after the day on
        which the initial offence was committed during which the person fails
        to comply with the direction; and

   (b)  liable to a penalty of up to 100 penalty units for each further
        offence.

(9) The Safety Director must notify an applicant under this section of the
Safety Director's decision-

   (a)  to refuse the application or to issue a written notice under
        subsection (3);

   (b)  to issue a direction under subsection (5).