Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 34

Safety Director may direct utility works or rail operations to be altered, demolished or taken away

34. Safety Director may direct utility works or rail operations to be altered,
demolished or taken away



(1) Subject to subsection (4), if works are carried out contrary to a
direction under section 33(1), the Safety Director may, by written notice,
direct the utility to alter, demolish or take away the works within a
specified period of time.

(2) If rail operations are carried out contrary to a direction under section
33(3), the Safety Director may, by written notice, direct the rail operator
who carried out the rail operations to-

   (a)  alter, demolish or take away any rail infrastructure within a
        specified period of time; or

   (b)  alter any rolling stock operations within a specified period of time.

(3) The period of time specified in a direction under subsection (1) or (2)
must be a reasonable period of time.

(4) Before giving a direction under subsection (1) to a utility that provides,
or intends to provide, gas, electricity or other like services, the Safety
Director must consult with Energy Safe Victoria.

(5) A person given a direction under subsection (1) or (2) must not fail or
refuse to comply with a direction under (as the case requires) subsection (1)
or (2), unless the person 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 (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). __________________