35Interpretation of Division

35 Interpretation of Division

In this Division –

construction conditions, of a permission to construct a private road across the rail network by way of a level crossing, includes conditions providing for any of the following:

(a) the supervision and inspection of the construction;

(b) the time and manner of the construction;

(c) the management of initial and on-going risks associated with the construction;

(d) the on-going monitoring and maintenance of the level crossing, including inspection schedules;

(e) the on-going operation of the level crossing;

(f) the carrying out of remediation works consequent on the construction, maintenance or removal of the level crossing;

(g) the carrying out of consequential works including the erection, alteration or removal of signs or signals;

established means in place immediately before the commencement day;

level crossing means a railway crossing at which the road and the railway track intersect at or about the same level;

maintenance agreement means a written agreement that –

(a) a person has entered into with any railway operator or manager having the power to do so; and

(b) sets out their respective maintenance responsibilities in respect of a railway crossing;

private road means a road other than a public road;

private road owner, for a private road, means the owner of the land on which the private road is situated;

public road means any road or place open to or used by the public or to which the public have or are permitted to have access, whether on payment of fee or otherwise;