Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 162

After section 62 of the Water Industry Act 1994 insert —

        '62A.     Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

    (1)     A licensee must, when carrying out any works it is empowered under this Act to carry out on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it carries out those works safely.

Penalty:     9000 penalty units.

    (2)     A works contractor must, when carrying out works 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 those works 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 ).

    (4)     In this section—

"rail infrastructure" 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 a licensee to carry out works on behalf of the licensee, and includes a sub-contractor.

        62B.     Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

    (1)     A licensee must, before carrying out works on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the licensee's intention to carry out those works if the carrying out of those works will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock.

Penalty:     300 penalty units.

    (2)     In this section—

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

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

        62C.     Notification of licensees 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 a licensee's works, notify the licensee 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—

"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 .'.