105Prohibition notice

105 Prohibition notice

(1) This section applies if an activity— (a) is occurring in relation to railway operations or railway premises that involves or will involve an immediate risk to safety; or (b) may occur in relation to railway operations or railway premises that, if it occurs, will involve an immediate risk to safety; or (c) may occur at, on, or in the immediate vicinity of, rail infrastructure or rolling stock that, if it occurs, will involve an immediate risk to safety. (2) If a rail safety officer believes on reasonable grounds that an activity referred to in sub‑section (1) is occurring or may occur, the rail safety officer may serve on a person who has or appears to have control over the activity a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until the rail safety officer has certified in writing that the matters that give or will give rise to the risk have been remedied. (3) A prohibition notice has effect upon being served or, if the notice specifies a later date, on that later date. (4) A prohibition notice must— (a) state the basis for the rail safety officer’s belief on which the service of the notice is based; and (b) specify the activity which the rail safety officer believes involves or will involve the risk and the matters which give or will give rise to the risk; and (c) if the rail safety officer believes that the activity involves a contravention or likely contravention of a provision of a rail safety law, specify that provision and state the basis for that belief; and (d) include information about the right to a review under Part 6 of the decision to serve the notice; and (e) set out the penalty for contravening the notice; and (f) include a statement of the effect of section 109 (proceedings for offences not affected by prohibition notices); and (g) state that it is served under this section. (5) A prohibition notice may include directions on the measures to be taken to minimise or eliminate the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in sub‑section (4)(c). (6) A direction in a prohibition notice may— (a) require that measures be taken in accordance with a compliance code; or (b) offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in sub‑section (4)(c). (7) A prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following— (a) a place, or part of a place, at which the activity is not to be carried out; (b) any thing that is not to be used in connection with the activity; (c) any procedure that is not to be followed in connection with the activity.