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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 29 April 2017 at 17:17)
Part 2 Division 3
Division 3 Interface co-ordination
25   Interpretation
(1)  In this Division:
interface agreement means an agreement in writing about managing risks to safety identified and assessed under this Division that includes provisions for:
(a)  implementing and maintaining measures to manage those risks, and
(b)  the evaluation, testing and, if appropriate, revision of those measures, and
(c)  the respective roles and responsibilities of each party to the agreement in relation to those measures, and
(d)  procedures by which each party to the agreement will monitor compliance with the obligations under the agreement, and
(e)  a process for reviewing and revising the agreement.
public road does not include a Crown road.
rail or road crossing means:
(a)  a railway crossing, or
(b)  a bridge carrying a road over a railway, or
(c)  a bridge carrying a railway over a road.
railway crossing means:
(a)  a level crossing, or
(b)  any area where a footpath or shared path crosses a railway or tram tracks at substantially the same level.
roads authority, in relation to a road that is not a public road or a Crown road, means the owner of the road.
(2)  Words and expression used in this Division have the same meanings as they have in the Roads Act 1993 and the Road Rules 2008.
26   Interface co-ordination—rail transport operators
(1)  A rail transport operator:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of the operator and that may be caused wholly or partly by railway operations carried out by or on behalf of any other rail transport operator, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the other rail transport operator or rail transport operators.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  Except to the extent provided by the regulations, subsection (1) (c) does not apply if none of the rail transport operators is a rail infrastructure manager.
27   Interface co-ordination—rail infrastructure manager—public roads
A rail infrastructure manager:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a public road or any road work of a public road, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority for the road.
28   Interface co-ordination—rail infrastructure manager—roads other than public roads
(1)  A rail infrastructure manager:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a road (other than a public road) or any road work of any such road, and
(b)  must consider whether it is necessary to manage those risks in conjunction with the roads authority for the road.
(2)  If the rail infrastructure manager is of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager:
(a)  must give written notice of that opinion to the roads authority and must determine measures to manage, so far as is reasonably practicable, those risks, and
(b)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority in relation to the road or road work.
(3)  If the rail infrastructure manager is not of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager must keep a written record of that opinion.
29   Interface co-ordination—obligations of roads authorities
(1)  A roads authority for a public road:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations carried out on or in relation to any rail infrastructure, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
(2)  A roads authority that is given a notice under section 28 (2):
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
(3)  Nothing in this section authorises or requires a roads authority to act inconsistently with, or without regard to, the functions conferred on it by or under any other Act.
(4)  Nothing in this Division affects the operation of the Civil Liability Act 2002 with respect to roads authorities.
30   Assessment of risks
A rail transport operator, rail infrastructure manager or roads authority that is required under this Division to identify and assess risks to safety that may arise from operations carried out by another person may do so:
(a)  by itself identifying and assessing those risks, or
(b)  by identifying and assessing those risks jointly with the other person, or
(c)  by adopting the identification and assessment of those risks carried out by the other person.
31   Scope of interface agreements
An interface agreement:
(a)  may be entered into by 2 or more rail transport operators or by one or more rail transport operators and one or more roads authorities, and
(b)  may include measures to manage any number of risks to safety that may arise because of, or partly because of, any railway operations, and
(c)  may include measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road or road work, and
(d)  may make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document, and
(e)  may consist of 2 or more documents.
32   Interface arrangements may be directed to be made
(1)  The ITSRR may appoint a person (the appointed person) to exercise functions under this section in relation to interface arrangements.
(2)  The ITSRR may only appoint a person under this section if the person is not associated with any rail transport operator, rail infrastructure manager or roads authority subject to the proposed interface arrangements.
(3)  An appointed person may exercise functions under this section if the person is satisfied that a rail transport operator, rail infrastructure manager or roads authority:
(a)  is unreasonably refusing or failing to enter into an interface agreement with another person as required by this Division, or
(b)  is unreasonably delaying the negotiation of such an agreement.
(4)  The appointed person may issue a written notice to the rail transport operator, rail infrastructure manager or roads authority and the other person that:
(a)  warns of the appointed person’s powers under this section, including the power to issue a direction under this section after a specified date, and
(b)  includes a copy of this section, and
(c)  may contain suggested terms for inclusion in an interface agreement.
(5)  An appointed person who issues a notice under this section may also, in writing, request the rail transport operator, rail infrastructure manager or roads authority concerned to provide such information as the appointed person reasonably requires for the purposes of making a direction under this section.
(6)  If an interface agreement is not entered into by or on the date specified in a notice under this section, the appointed person:
(a)  may determine the arrangements that are to apply in relation to the management of the applicable risks to safety referred to in this Division, and
(b)  may direct either or both persons to whom the notice is issued to give effect to those arrangements, and
(c)  must specify the date by which the direction must be complied with.
(7)  A direction:
(a)  must be in writing, and
(b)  must set out any arrangements determined by the appointed person under subsection (6).
(8)  A person to whom a direction is given under this section must comply with the direction.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
33   Register of interface agreements
(1)  A rail transport operator must maintain a register of the following that are applicable to the operator’s railway operations:
(a)  interface agreements to which it is a party,
(b)  arrangements determined by an appointed person under this Division.
(2)  A roads authority must maintain a register of the following that are applicable to the roads or road works for which it is a roads authority:
(a)  interface agreements to which it is a party,
(b)  arrangements determined by an appointed person under this Division.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.