Rail Infrastructure Act 2007

In this Division – install, on the rail network, includes install under or over the rail network; installation conditions, of a permission to install service infrastructure on the rail network, includes conditions providing for any of the following:the supervision, inspection and testing of the installation; the time and manner of installation; the management of initial and on-going risks associated with the installation; the on-going monitoring and maintenance of the service infrastructure, including inspection, testing and replacement schedules; the on-going operation of the service infrastructure; the carrying out of remediation works consequent on the installation, maintenance or removal of the service infrastructure; the carrying out of consequential works including the erection, alteration or removal of signs or signals; installer means an adjoining landholder or other person who installs service infrastructure on the rail network pursuant to a permission granted under section 29; remove, service infrastructure, includes dismantle prior to removal; responsible entity– see subsections (2), (3) and (4); service infrastructure includes – agricultural and domestic drains and drainage works; and communications equipment; and farm irrigation pipes; and gas pipelines; and power conduits and cables; and water supply pipes.

The responsible entity for the initial installation of service infrastructure on the rail network, up until its operational commissioning, is the installer.

The responsible entity for service infrastructure that has already been installed on the rail network, and been operationally commissioned, is – the person who, by law or contractual obligation, has primary responsibility for its maintenance; or in the absence of legal or contractual certainty, whichever of the following persons, in the reasonable determination of the responsible Rail Infrastructure Manager, has, or should in equity have, at the time of making the determination, primary responsibility for its maintenance:in the case of any service infrastructure, the installer or the installer's legal successor; in the case of agricultural or domestic service infrastructure installed on the rail network by or on behalf of an adjoining landholder, the adjoining landholder or the adjoining landholder's legal successor; in the case of service infrastructure for a communications, gas, electricity or water service, the service provider or, if a person other than the service provider owns or operates the service infrastructure and charges the service provider for its use, that owner or operator.

A person who disputes a determination under subsection (3)(b), that the person has, or should in equity have, the primary responsibility for maintaining any particular service infrastructure, may apply to the Magistrates Court (Administrative Appeals Division) for a review of that determination.