99D   Network control

(1)  For the purposes of this section, network control with respect to any part of the NSW rail network is:

(a)  service planning (namely, the timetabling of rolling stock, including standard working and daily timetables and planning the occupation of railway track for maintenance and other service requirements), and

(b)  real time control (namely, the actual control of the movement of rolling stock, including train signalling and incident management).

Network control includes any aspect of the control of the network that is declared by the regulations to be network control, but does not include anything declared by the regulations not to be network control.

(2)  The Minister may, by order published in the Gazette, designate a rail authority or any person prescribed by the regulations as the body responsible for network control (or any specified aspect of network control) with respect to any specified part of the NSW rail network.

(3)  To the extent that responsibility for network control, or any aspect of network control, with respect to any part of the NSW rail network is not covered by an order under this section the rail infrastructure owner for that part of the NSW rail network is responsible for network control or that aspect.

(4)  The exercise of the functions of a rail authority is subject to an order under this section.

(5)  A body responsible for network control must:

(a)  give priority to rail passenger services, and

(b)  subject to giving priority to those services, promote and facilitate access to the part of the NSW rail network for which it is responsible in accordance with the current NSW rail access undertaking.

(6)  The Minister may, by order published in the Gazette, amend or revoke an order made under this section.

(7)  This section is subject to section 88L.

Note. See section 88L for network control responsibilities relating to parts of the NSW rail network subject to an ARTC lease or licence.