South Australian Numbered Regulations

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RAIL SAFETY NATIONAL LAW NATIONAL REGULATIONS 2012 (NO 255 OF 2012) - REG 23

23—Emergency amendments to network rules

        (1)         This regulation applies if a rail infrastructure manager identifies an immediate risk to safety resulting from exceptional circumstances or an emergency that requires an amendment to the manager's network rules.

        (2)         The rail infrastructure manager may amend the network rules if the manager complies with this regulation.

        (3)         Before making the amendment, the rail infrastructure manager must—

            (a)         take reasonable steps to notify the stakeholders of the proposed amendment and the reasons for that change; and

            (b)         take appropriate steps to mitigate any reasonably foreseeable adverse consequences arising from implementation of the proposed amendment without stakeholders being informed of the amendment; and

            (c)         notify the Regulator of the proposed emergency amendment in the manner approved by the Regulator for the purpose of this regulation.

        (4)         An amendment made under this regulation ceases to have effect 180 days after it is implemented, unless the rail infrastructure manager complies with regulation 22.

        (5)         A rail infrastructure manager that implements an amendment under this regulation to deal with temporary circumstances must withdraw the amendment if circumstances change so that the amendment is no longer necessary, or the circumstances no longer exist.

        (6)         A rail infrastructure manager who withdraws an amendment to the network rules under subregulation (5) must—

            (a)         take reasonable steps to notify the stakeholders; and

            (b)         notify the Regulator in the manner approved by the Regulator for the purposes of this regulation.

Division 5—Interface agreements



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