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Contents (2008 - 610)
Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 26 May 2018 at 23:45)
Part 5 Clause 38
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.