Victorian Consolidated Legislation

Water Act 1989 - SECT 137A

Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

137A. Safety duties in relation to works on or in immediate vicinity of rail
infrastructure or rolling stock



(1) An Authority must, when carrying out any works on or in the immediate
vicinity of rail infrastructure or rolling stock, ensure, so far as is
reasonably practicable, that it carries out those works safely.

Penalty: 9000 penalty units.

(2) A works contractor must, when carrying out works on or in the immediate
vicinity of rail infrastructure or rolling stock, ensure, so far as is
reasonably practicable, that he, she or it carries out those works safely.

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





(3) An offence against subsection (1) or (2) 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).

(4) In this section-

rail infrastructure has the same meaning as in the Rail Safety Act 2006;
rolling stock has the same meaning as in the Rail Safety Act 2006; works
contractor means a person engaged directly or indirectly by an Authority to
carry out works on behalf of the Authority, and includes a sub-contractor.