Rail Safety Act 2008 No 97
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to the following:(a) fees for the purposes of this Act or the regulations and the refund or waiver of such fees,(b) the safe operation and maintenance of historic or preserved rolling stock,(c) the safe construction, operation and maintenance of sidings (including private sidings),(d) the functions, training, health and fitness of rail safety workers,(e) tampering with, or damaging, railways,(f) the unauthorised use of railways and rolling stock,(g) the opening and closing of railway gates,(h) the regulation of vehicles, animals and pedestrians crossing railway tracks,(i) the regulation of railway crossings,(j) the loading and unloading of freight on railways,(k) the publication of statistics relating to rail safety,(l) the management of fatigue, including safe hours of work and periods between work for rail safety workers,(m) rules relating to railway network operations and operations of specified operators and the making of any such rules,(n) standards for railway operations, including standards for rolling stock, network control systems and other infrastructure of a railway,(o) requirements for registers of information to be kept by operators of railways under this Act including, but not limited to, the information that is to be held on the register and access to the register,(p) train safety recordings,(q) conditions of, or restrictions on, accreditation.(3) The regulations may exempt, or provide for the exemption of, either absolutely or subject to conditions, any person, class of persons, siding, railway, part of a railway or railway operation from all or any of the provisions of this Act or the regulations.(4) The regulations may apply, adopt or incorporate any publication as in force at a particular time or from time to time.(5) In the event of an inconsistency between a by-law or regulation made, or taken to be made, under the Transport Administration Act 1988 and a regulation made under this Act, the regulation made under this Act prevails to the extent of the inconsistency.(6) A regulation made under this Act does not limit the operation of a by-law or regulation made, or taken to be made, under the Transport Administration Act 1988 so far as it can operate concurrently with a regulation made under this Act.(7) The regulations may create offences punishable by a penalty not exceeding 250 penalty units.