Contents (2008 - 97)
Rail Safety Act 2008 No 97
Division 5 Private sidings
60 Exemption from accreditation
(1) A rail infrastructure manager of a private siding is not required to be accredited under this Act, or to comply with Division 2 or 3 of Part 2 or Division 1 of Part 4, in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.(2) However, if the rail infrastructure manager wishes the private siding to be (or to continue to be) connected with, or to have access to, a railway of an accredited person or a siding, the rail infrastructure manager must:(a) register the private siding with the ITSRR and pay the annual fee (if any) prescribed by the regulations, and(b) comply with conditions imposed by the ITSRR (from time to time) or prescribed by the regulations with respect to the safe construction, maintenance and operation of the private siding, and(c) comply with the provisions of Division 3 of Part 2 in relation to the management of any interface with a railway of an accredited person, and(d) notify the accredited person or operator of the siding in writing of any railway operations affecting or relating to the safety of the railway or other siding.Maximum penalty:(a) in the case of a corporation—5,000 penalty units, or(b) in the case of an individual—500 penalty units.(3) A condition imposed or prescribed under subsection (2) (b) may require a rail infrastructure manager to comply with a provision of Division 2 or 3 of Part 2 or Division 1 of Part 4.(4) The ITSRR may, on application by a rail infrastructure manager of a private siding or other interested person, and on payment of the fee (if any) prescribed by the regulations, register the private siding and issue a registration notice to the rail infrastructure manager or person.(5) The ITSRR is to keep a register of private sidings registered under this section and must, if the regulations so provide, make the register available for public inspection at the places prescribed by the regulations.