Rail Safety National Law (WA)

This section applies if a rail safety officer reasonably believes that a person —

is contravening a provision of this Law; or

has contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; or

is carrying out or has carried out —

railway operations that threaten safety; or

other operations that threaten rail safety.

Subject to this section, the rail safety officer may issue an improvement notice requiring the person —

to remedy the contravention; or

to prevent a likely contravention from occurring; or

to remedy the things or operations causing the contravention or likely contravention; or

to carry out railway operations or other operations so that safety is not threatened or likely to be threatened.

Before serving an improvement notice issued to a person on a ground stated in subsection (1)(a) or (b) that includes a direction that the person take specified action to remedy the contravention or prevent the likely contravention, or to remedy the things or operations causing the contravention or likely contravention, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person —

conduct or cause to be conducted a cost‑benefit analysis of the effect of the action; and

consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.

Before serving an improvement notice issued to a person on a ground stated in subsection (1)(c) that includes a direction that the person take specified action by which railway operations or other operations may be carried out so that safety is not threatened or likely to be threatened, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person —

conduct or cause to be conducted a cost‑benefit analysis of the effect of the action; and

consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.

Subsections (3) and (4) do not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the person or any other person, the Regulator must, as soon as practicable after taking the action —

conduct or cause to be conducted a cost‑benefit analysis of the effect of the action; and

consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.