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Contents (2008 - 610)
Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 24 October 2017 at 18:42)
Part 5
Part 5 Network rules
31   Object of Part
The object of this Part is to improve the safe development of network rules of rail infrastructure owners by:
(a)  promoting the consistent development and implementation of network rules by rail infrastructure owners, and
(b)  facilitating co-operation between rail infrastructure owners to ensure that changes to network rules are effectively managed and implemented, and
(c)  ensuring (so far as is reasonably practicable) that the same network rules apply to the whole of the NSW Rail Network.
32   Definitions
In this Part:
amend the network rules includes insert a network rule or replace all network rules.
local change to the network rules by a rail infrastructure owner means an amendment to the rules that does not have any impact on the safety of the rail network of another rail infrastructure owner.
network rules means the rules and procedures relating to rail network operations for those parts of the NSW rail network managed by a rail infrastructure owner, as adopted and made by that owner, and contained in documents published by that owner, as in force from time to time.
network-wide change to the network rules by a rail infrastructure owner means an amendment to the rules that is not a local change to the network rules.
rail infrastructure owner includes a person who is authorised or required to exercise the functions of a rail infrastructure owner under this Part pursuant to a contract or other arrangement with the rail infrastructure owner.
stakeholder of a rail infrastructure owner means:
(a)  a person that conducts rolling stock operations on any part of the NSW rail network of the rail infrastructure owner,
(b)  a representative of a trade union or other employee organisation, representing rail safety workers of any such operator or rail safety workers of a person referred to in paragraph (a).
33   Changes to network rules
A rail infrastructure owner that amends the network rules or proposes an amendment to the network rules must not fail to comply with this Part.
Maximum penalty:
(a)  in the case of a corporation—250 penalty units, or
(b)  in the case of an individual—50 penalty units.
34   Consultation requirements
(1)  A rail infrastructure owner must, before amending the network rules, consult with the other rail infrastructure owners of the NSW rail network to determine whether the other owners:
(a)  agree as to the classification of the amendment, and
(b)  if the amendment is a network-wide change, agree to the proposed amendment.
(2)  The consultation is to be carried out as soon as reasonably practicable after the amendment is proposed, having regard to the need to properly evaluate the consequences of the proposed amendment.
35   Stakeholder consultation
(1)  A rail infrastructure owner must undertake stakeholder consultation in accordance with this clause if:
(a)  in the case of a network-wide change, all the rail infrastructure owners of the NSW rail network agree to amend the network rules, or
(b)  in the case of a local change, the amendment is to the network rules of the owner.
Maximum penalty:
(a)  in the case of a corporation—250 penalty units, or
(b)  in the case of an individual—50 penalty units.
(2)  Each rail infrastructure owner must give notice in writing to its stakeholders and the ITSRR of a proposed amendment to the network rules.
(3)  The notice must:
(a)  contain details of the proposed amendment, and
(b)  if the amendment is a local change, specify the area of its operation and the reason for the local change, and
(c)  specify the date (being not earlier than 28 days after the notice is given) by which submissions may be made to the rail infrastructure owner about the proposed amendment, and
(d)  specify the date on which it is proposed to commence the proposed amendment.
36   Network-wide changes to network rules
(1)  This clause applies to a proposed network-wide change to the network rules by a rail infrastructure owner.
(2)  The rail infrastructure owners of the NSW rail network must consider all submissions received, within the period specified in the notice given under clause 35, from stakeholders or the ITSRR and must determine whether to agree to proceed with the proposed network-wide change.
(3)  On determining to proceed with the network-wide change, the rail infrastructure owners must give the ITSRR a notice in writing containing the following:
(a)  the proposed amendment,
(b)  details of all risk assessments conducted,
(c)  details of submissions made by stakeholders,
(d)  the response of the rail infrastructure owners to the submissions and details of their agreement to the proposed amendment.
(4)  Before the network-wide change is made, the rail infrastructure owners must take into account any comments of the ITSRR about the proposed amendment that are received no later than 14 days after notice is given under subclause (3).
(5)  A rail infrastructure owner must give not less than 28 days notice in writing of the commencement of a proposed network-wide change to a network rule to the stakeholders of the owner.
(6)  A network-wide change to a network rule must be commenced by the rail infrastructure owners of the NSW rail network on the same day, unless the ITSRR has given written consent to different commencement dates.
37   Local changes to network rules
(1)  This clause applies to a proposed local change to the network rules by a rail infrastructure owner.
(2)  The rail infrastructure owner that is to implement the local change must consider all submissions that are received within the period specified in the notice given under clause 35 from stakeholders or the ITSRR and must determine whether to proceed with the proposed local change.
(3)  On determining to proceed with the amendment, the rail infrastructure owner must give the ITSRR a notice in writing containing the following:
(a)  the proposed amendment,
(b)  details of the network or networks to which the local change is to apply and the reasons for the application of the rule,
(c)  details of all risk assessments conducted,
(d)  details of submissions made by stakeholders,
(e)  the response of the rail infrastructure owner to the submissions,
(f)  details of the agreement of the rail infrastructure owners to the classification of the proposed amendment.
(4)  Before making the proposed local change, the rail infrastructure owner must take into account any comments of the ITSRR about the proposed local change that are received no later than 14 days after notice is given under subclause (3).
(5)  A rail infrastructure owner must give not less than 28 days notice in writing of the commencement of a proposed local change to a network rule to the stakeholders of the owner.
38   Emergency amendments to network rules
(1)  This clause applies if a rail infrastructure owner of the NSW rail network identifies an immediate risk to safety resulting from exceptional circumstances or an emergency that requires an amendment to the network rules.
(2)  The rail infrastructure owner may amend the network rules if the owner complies with this clause.
(3)  Before making the amendment, the rail infrastructure owner must:
(a)  take all reasonable steps to notify the other rail infrastructure owners and stakeholders of the proposed amendment and the reasons for that change, and
(b)  take appropriate steps to mitigate any reasonably foreseeable adverse consequences arising from implementation of the amendment without stakeholders and other owners being informed of the amendment, and
(c)  notify the ITSRR of the proposed emergency amendment in the manner approved by the ITSRR for the purposes of this clause.
(4)  An amendment referred to in this clause ceases to have effect 180 days after it is implemented, unless the rail infrastructure owner complies with clauses 35 and 36 or 37 (as applicable).
(5)  The rail infrastructure owner that implements an amendment under this clause to deal with temporary circumstances must withdraw the amendment if the circumstances change so that it is no longer necessary, or cease to exist.
(6)  This clause has effect despite any other provision of this Part.
39   Register of amendments to network rules
A rail infrastructure owner of the NSW rail network must keep and maintain a register of proposed amendments and amendments to the network rules of the owner containing the following matters:
(a)  a copy of any proposed amendment or amendment made,
(b)  the reasons for any amendment made,
(c)  particulars of the assessment of the risk of any proposed amendment,
(d)  copies of stakeholder submissions,
(e)  unique identification numbers for the proposed amendments and amendments.
Maximum penalty:
(a)  in the case of a corporation—250 penalty units, or
(b)  in the case of an individual—50 penalty units.
40   Dispute resolution
(1)  This clause applies to the following disputes arising under this Part:
(a)  a dispute between rail infrastructure owners about a proposed amendment to network rules, including a dispute as to whether an amendment should be proceeded with or as to the classification of an amendment,
(b)  a dispute between rail infrastructure owners, or between a rail infrastructure owner and a stakeholder, about whether or not a provision of this Part has been complied with.
(2)  A party to a dispute may apply in writing to the ITSRR to have a dispute dealt with under this clause.
(3)  The ITSRR must, within 28 days after receiving an application under this clause, convene a meeting of representatives of the parties to the dispute (as determined by the ITSRR) to resolve the matters in dispute.
(4)  The ITSRR may direct the parties to provide such documentation and information before the meeting as the ITSRR thinks fit.
(5)  If the matters in dispute are not resolved at the meeting, the ITSRR must determine the matters in dispute no later than 14 days after the meeting.
(6)  A determination by the ITSRR is, for the purposes of this Part (other than any proceedings for an offence under this Part), final and binding on the parties.
Note.
 The ITSRR may delegate its functions (see section 42Q of the Transport Administration Act 1988).