Power to require works to stop
199 Power to require works to stop
A person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten —
the safety of the railway; or
the operational integrity of the railway,
notify the relevant rail infrastructure manager of the intention to carry out those works.
Maximum Penalty:
in the case of an individual — $20 000;
in the case of a body corporate — $100 000.
If a rail infrastructure manager believes on reasonable grounds that proposed works of which the manager has been notified under subsection (1) threaten, or are likely to threaten —
the safety of the manager’s railway; or
the operational integrity of the manager’s railway,
the manager may, by written notice, give the person advice in connection with the proposed work.
If —
a person is carrying out, or proposes to carry out, works near a railway; and
the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten —
the safety of the railway; or
the operational integrity of the railway,
the Regulator may, by written notice, give the person a direction to stop, alter or not to commence the work.
If —
a rail transport operator is carrying out, or proposes to carry out, railway operations on or near land on which there is infrastructure, or works, of a utility; and
the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten —
the safety of the utility infrastructure or works; or
the safe provision by the utility of water, gas or electricity or other like services,
the Regulator may, by written notice, give the operator a direction to stop, alter or not to commence the railway operations.
A person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse.
Maximum Penalty:
in the case of an individual — $20 000;
in the case of a body corporate — $100 000.
If a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3), the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice.
A person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse.
Maximum Penalty:
in the case of an individual — $10 000;
in the case of a body corporate — $50 000.
Subsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse.
Subject to subsection (9), a notice under this section must —
include information about the right to a review under Part 7 of the decision to serve the notice; and
state that the notice is served under this section.
Subsection (8)(a) does not apply to a notice under subsection (1a).
This Act’s bill:Explanatory memorandumSecond reading speech
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