Rail Commissioner Act 2009

The Rail Commissioner may, subject to the approval of the Minister, carry out such works as the Commissioner thinks fit in relation to—

the construction, commissioning and maintenance of rail infrastructure, including—

the carrying out of associated roadworks; and

the installation, maintenance, alteration, operation or removal, or causing the installation, maintenance, alteration, operation or removal, of a traffic control device on, above or near a road; and

the erection, construction, laying down, making, alteration or removal of buildings, structures, notices or signs, over, under, along, across, or adjacent to, a road; and

the operation or management of rolling stock; and

the establishment, maintenance, extension, alteration or discontinuance of any passenger transport service; and

any other function of the Commissioner.

The Rail Commissioner must make good any damage to a road arising from works carried out under this section.

Subject to subsection (4), the Rail Commissioner must, in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road—

inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and

give the relevant road maintenance authority a reasonable opportunity to consult with the Commissioner in relation to the matter; and

ensure that proper consideration is given to the views of the road maintenance authority.

In a case of emergency, the Rail Commissioner need only comply with subsection (3) to such extent as is practicable in the circumstances.

The provisions of the Road Traffic Act 1961 apply in relation to a traffic control device installed, maintained, altered or operated under this section as if the Rail Commissioner were a road authority authorised under Part 2 of that Act to install, maintain, alter or operate the device.