(1)  A rail transport operator must have an emergency management plan, which complies with subsection (2) , for railway operations carried out by or on behalf of the operator on or in relation to the operator's railway operations.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 000 penalty units; or

(b) an individual, a fine not exceeding 400 penalty units.

(2)  The emergency management plan must –

(a) address and include the matters that are prescribed; and

(b) be prepared –

(i) in conjunction with emergency services and any other person who is prescribed; and

(ii) in accordance with the prescribed requirements; and

(c) be kept and maintained as prescribed; and

(d) be provided to the emergency services and any other person who is prescribed; and

(e) be tested as prescribed.

(3)  A rail transport operator must ensure that the appropriate response measures of the emergency management plan are implemented if an emergency occurs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 000 penalty units; or

(b) an individual, a fine not exceeding 400 penalty units.