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Contents (2008 - 610)
Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 20 November 2017 at 12:53)
Part 2 Division 3
Division 3 Emergency management plans
6   Emergency services
For the purposes of section 17 (4) of the Act, the following bodies are prescribed as emergency services:
(a)  NSW Police Force,
(b)  New South Wales Fire Brigades.
7   Consultation about emergency management plan
(1)  When preparing the emergency management plan for its railway operations, a rail transport operator must consult with the emergency services and the following persons:
(a)  any other transport operators who may be affected by the implementation of an emergency management plan for its railway operations,
(b)  any government agencies with emergency management functions with respect to the area to which the plan relates,
(c)  any of the following, if they may be required to assist in implementing the plan:
(i)  an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunications or other like services under the authority of an Act of this State or the Commonwealth,
(ii)  any person who, under the authority of an Act of this State, is permitted to own or use a pipeline, or is licensed to construct or operate a pipeline.
(2)  The ITSRR may exempt a rail transport operator from the obligation to consult with any particular person or body under this clause.
Note.
 Rail transport operators also have obligations to consult about safety management systems under section 12 (3) of the Act.
8   Matters to be included in emergency management plans
An emergency management plan prepared under section 17 of the Act must include the following:
(a)  the types and classes of emergencies that are foreseeable in relation to the rail transport operator’s railway operations,
(b)  the consequences of each type or class of emergency, including an estimate of the likely magnitude and severity of the effects of each type or class,
(c)  the risks to safety arising from those emergencies,
(d)  measures to mitigate the effects of those emergencies,
(e)  initial response procedures for dealing with those emergencies and the provision of rescue services,
(f)  recovery procedures for the restoration of railway operations if an emergency occurs and for the assistance of people affected by the occurrence of an emergency,
(g)  the allocation of emergency management roles and responsibilities within the rail transport operator’s organisation, and between the operator and other organisations,
(h)  call-out procedures,
(i)  the allocation of personnel for the on-site management of an emergency,
(j)  procedures for liaison with emergency services, including when emergency services should be immediately contacted,
(k)  procedures to ensure that emergency services are provided with all information that is reasonably required to enable them to respond effectively to an emergency,
(l)  procedures for effective communications and co-operation throughout an emergency response,
(m)  procedures for ensuring site security and the preservation of evidence.
9   Keeping, maintaining and testing emergency management plans
(1)  A rail transport operator must ensure, so far as is reasonably practicable, that all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the operator’s emergency management plan:
(a)  are provided with information about any applicable parts of the plan, and
(b)  are able to do anything that may be required of them under the plan.
(2)  A rail transport operator must test the operator’s emergency management plan, or parts of the plan, to ensure the plan remains effective:
(a)  at intervals set out in the plan, and
(b)  after any significant changes are made to the plan.
(3)  The intervals for testing a plan are to be determined by the rail transport operator in conjunction with the emergency services, if it is reasonably practicable to do so.
(4)  A rail transport operator must, so far as is reasonably practicable, arrange for the participation by relevant emergency services in the testing of an emergency management plan or parts of an emergency management plan.
(5)  A rail transport operator must ensure that in-house exercises to test the operator’s emergency management plan are undertaken as often as is necessary, in the opinion of the operator, to ensure that the plan will be properly implemented should an emergency arise.
(6)  A rail transport operator must ensure that the operator’s emergency management plan is readily accessible at all times, in a comprehensible form, to the following:
(a)  all employees of the operator, and all contractors of the operator, who may be required to implement any emergency response procedures in the plan,
(b)  all other rail transport operators who may be affected by the implementation of an emergency management plan for its railway operations,
(c)  any of the following, if they may be required to assist in implementing the plan:
(i)  an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunications or other like services under the authority of an Act of this State or the Commonwealth,
(ii)  any person who, under the authority of an Act of this State, is permitted to own or use a pipeline, or is licensed to construct or operate a pipeline,
(d)  the emergency services.