Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 157

    (1)     For section 85 of the Electricity Industry Act 2000 substitute —

        '85.     Definitions

In this Part—

"electricity corporation" means VENCorp, a distribution company, a transmission company or a generation company;

"rail infrastructure" has the same meaning as in the Rail Safety Act 2006 ;

"rail operations" has the same meaning as in the Rail Safety Act 2006 ;

"rail operator" has the same meaning as in the Rail Safety Act 2006 ;

"rolling stock" has the same meaning as in the Rail Safety Act 2006 ;

"works contractor" means a person engaged directly or indirectly by an electricity corporation to carry out an activity referred to in section 93 on behalf of the electricity corporation, and includes a sub-contractor.'.

    (2)     After section 93 of the Electricity Industry Act 2000 insert —

        '93A.     Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

    (1)     An electricity corporation must, when exercising a power under section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it exercises the power safely.

Penalty:     9000 penalty units.

    (2)     A works contractor must, when carrying out an activity referred to in section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out the activity safely.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

    (3)     An offence against sub-section (1) or (2) is an indictable offence.

    Note:     However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).

        93B.     Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

        An electricity corporation must, before exercising a power under section 93 on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the intended exercise of the power if the exercise of that power will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock.

Penalty:     300 penalty units.

        93C.     Notification of electricity corporations before rail operations carried out

    (1)     A rail operator must, before carrying out rail operations that will threaten, or are likely to threaten, the safety of an electricity corporation's works, or the safe provision by the electricity corporation of electricity or other like services, notify that electricity corporation of the rail operator's intention to carry out those operations.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (2)     In this section—

"works" includes power lines, equipment, devices, structures or undertakings.'.

See:
Act No.
31/2001.
Reprint No. 2
as at
1 March 2005
and amending
Act Nos
25/2004, 108/2004, 33/2005, 39/2005 and 61/2005.
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