reg 1Citation
These regulations may be cited as the Rail Freight System (Corridor Land) Regulations 2000.
These regulations may be cited as the Rail Freight System (Corridor Land) Regulations 2000.
In these regulations, unless the contrary intention appears —
chief executive officer means the person for the time being designated by the Railway Corridor Minister, by notice published in the Gazette, as the chief executive officer for the purposes of these regulations;
railway means a railway that is operated on corridor land in the exercise of rights conferred by a disposition of an interest in that land by the Rail Corridor Minister under section 42 of the Act;
railway owner means the person that has the management and control of a railway;
railway premises means —
corridor land; and
anything on that land as provided by section 6 of the Act.
Where a railway track crosses any road on the level, the railway owner may —
erect and maintain gates across the road on each side of the railway; and
keep those gates closed except when any person, animal, vehicle or other thing on the road has to cross the railway and may safely do so.
Where a road crosses any railway track on the level, it is not lawful for a local government or other person, without the consent in writing of the Rail Corridor Minister, to erect or maintain any gate across the road on railway premises.
Subregulation (1) does not apply to the railway owner.
The Rail Corridor Minister may give a consent under subregulation (1) on such terms and conditions as the Rail Corridor Minister thinks necessary in the interests of public safety.
Section 177 of The Criminal Code does not apply to a breach of subregulation (1).
If cattle stops are provided at a level crossing the Rail Corridor Minister may, by notice in writing to the local government or other person —
cancel a consent given under regulation 4(1); and
require the removal of the gate.
If a gate is erected or maintained by a local government or other person in breach of regulation 4, it may be removed by the Rail Corridor Minister —
without notice; and
at the cost in all respects of the local government or other person.
Subregulation (2) does not affect any other liability to which the local government or other person may be subject on account of the breach.
A person must not cross, or attempt to cross, any railway track —
elsewhere than at an authorised crossing‑place; or
at an authorised crossing‑place after being warned not to do so by a person authorised by the chief executive officer for the purposes of this regulation.
Penalty: $200.
In subregulation (1) —
authorised crossing‑place means —
a public thoroughfare; or
an area for which signs or other indications have been put in place by the railway owner showing that it may be used for the purpose of crossing the track.
The chief executive officer is to issue to each person who is authorised for the purposes of subregulation (1)(b) a certificate stating that the person is so authorised.
The person must produce the certificate, so far as he or she can practicably do so in the circumstances, if required to do so by a person to whom he or she has given, or is about to give, a warning under subregulation (1)(b).
A person on foot must not cross, or attempt to cross, a railway track on the level at any place where an overbridge or subway is provided.
Penalty: $200.
Subregulation (1) does not apply to a person in charge of a vehicle or livestock.
This regulation applies to —
a machine that travels on crawler‑type tracks;
a road vehicle or machine which, or the load of which, exceeds 5 metres in width or height; and
a road vehicle or machine that —
is limited to a speed of 15 kilometres per hour or less;
is likely to cause, or create a risk of causing, an obstruction to, interference with, or displacement of, a railway track.
A person must not take, or attempt to take, a vehicle or machine to which this regulation applies across a railway track on the level except under and in accordance with a permit granted by the railway owner or by a person authorised by the railway owner in that behalf.
Penalty: $200.
A permit may be granted for the purposes of subregulation (2) subject to such conditions and restrictions as the railway owner or officer considers necessary to prevent damage being done to the railway.
The driver of a vehicle approaching a railway level crossing (the driver) must comply with —
regulation 10; and
such of the provisions of regulations 11, 12, 13, 14 and 15 as are applicable in the circumstances.
Penalty: $200.
References in regulations 11, 12, 13, 14 and 15 to stopping the vehicle are to stopping the vehicle on the approach side of the railway track so that the front of it is safely clear of the nearest rail of the track.
In this regulation and in regulations 11, 12, 13, 14 and 15 —
driver means the person in charge of a vehicle;
vehicle means a conveyance capable of being propelled or drawn on wheels.
The driver must satisfy himself or herself, before proceeding to cross the railway track, that the track is sufficiently clear of railway and other traffic to allow a safe crossing.
If the driver is directed or instructed to stop by a person authorised by the chief executive officer for the purposes of this regulation, the driver must —
stop the vehicle as provided in regulation 9(2); and
not proceed except in accordance with the person’s direction.
If —
an approaching train is visible or emits an audible signal; and
there is a danger of collision between the driver’s vehicle and the train,
the driver must —
stop the vehicle as provided in regulation 9(2); and
not proceed until he or she has ascertained that in the circumstances it is safe to do so.
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