Rail Infrastructure Act 2007

In this Division –

construction conditions, of a permission to construct a private road across the rail network by way of a level crossing, includes conditions providing for any of the following:the supervision and inspection of the construction; the time and manner of the construction; the management of initial and on-going risks associated with the construction; the on-going monitoring and maintenance of the level crossing, including inspection schedules; the on-going operation of the level crossing; the carrying out of remediation works consequent on the construction, maintenance or removal of the level crossing; the carrying out of consequential works including the erection, alteration or removal of signs or signals;

established means in place immediately before the commencement day;

level crossing means a railway crossing at which the road and the railway track intersect at or about the same level;

maintenance agreement means a written agreement that – a person has entered into with any railway operator or manager having the power to do so; and sets out their respective maintenance responsibilities in respect of a railway crossing;

private road means a road other than a public road;

private road owner, for a private road, means the owner of the land on which the private road is situated;

public road means any road or place open to or used by the public or to which the public have or are permitted to have access, whether on payment of fee or otherwise;

rails means the rails of a railway track;

railway track means a railway track within the rail network;

requisite standard, for the surface of any part of a road, means a standard that – matches that of the immediately adjoining parts of that road; and does not compromise the safety or operability of the rail network;

responsible entity, for sections 38 and 39, means – the adjoining landholder or other person permitted, under section 38, to construct the relevant level crossing or their legal successor; or such other person as is specified by the terms of that permission;

responsible road authority, for a public road, means the person for the time being responsible for maintaining the public road;

road infrastructure includes – a road and its surface or pavement; and anything under or supporting a road or its surface or pavement; and safety barriers; and drains and culverts; and traffic lights and other traffic control devices (other than traffic control devices that are automatically activated by trains); and traffic signs (other than level crossing signs located at or immediately next to level crossings); and road markings; and road lighting; and pedestrian crossings and associated infrastructure; and prescribed things.