Tasmanian Numbered Acts

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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 16

Accreditation not required for private sidings, but private sidings may be registered
(1)  A rail infrastructure manager of a private siding –
(a) is not required to be accredited under this Part in respect of railway operations carried out in the private siding; and
(b) except to the extent that the regulations or a condition referred to in subsection (2) otherwise provide, is not required to comply with Part 4 or section 65 , 66 or 67 in relation to the private siding.
(2)  However, if the rail infrastructure manager wishes the private siding to be (or to continue to be) connected with, or to have access to, a railway or siding of an accredited person, the rail infrastructure manager must –
(a) register the private siding with the Rail Safety Regulator and pay the annual registration fee for a siding determined under section 25 ; and
(b) comply with conditions that are –
(i) imposed by the Rail Safety Regulator from time to time; or
(ii) prescribed –
in relation to the safe construction, maintenance and operation of the private siding; and
(c) comply with the provisions of section 47 in relation to the management of the interface with the railway of the accredited person; and
(d) notify the accredited person in writing of any railway operations affecting or relating to the safety of the railway or siding of the accredited person.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 500 penalty units; or
(b) an individual, a fine not exceeding 100 penalty units.
(3)  The Rail Safety Regulator must issue a notice of registration to a rail infrastructure manager who registers a private siding with the Rail Safety Regulator.
(4)  If the regulations so prescribe, the Rail Safety Regulator must make prescribed particulars of a registration under subsection (2) available for public inspection at the Rail Safety Regulator's office, or a prescribed place, during ordinary business hours.
(5)  Conditions and regulations referred to in subsection (2) may establish requirements that are the same as, or similar to, any provisions of Part 4 or section 65 , 66 or 67 .



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