43Right of emergency access to rail network

43 Right of emergency access to rail network

(1)  An adjoining landholder may access the rail network without the permission of the Crown or any railway entity if –

(a) the adjoining landholder is in the business of primary production or manufacturing or processing; and

(b) the relevant adjoining land is used for that business; and

(c) the access is essential for an emergency action related to that adjoining land.

(2)  The adjoining landholder may –

(a) call on and use such assistance as the adjoining landholder considers necessary or expedient in the circumstances; and

(b) if the adjoining landholder is not a natural person, effect the access through an employee or contractor.

(3)  However, the adjoining landholder must –

(a) make a reasonable attempt to give the responsible Rail Infrastructure Manager prescribed notice before effecting the access; and

(b) take account of any safety warnings or injunctions, whether as to train schedules or otherwise, given by the responsible Rail Infrastructure Manager consequent on such prescribed notice; and

(c) only effect the access strictly to such extent and for such period as is required to take the emergency action; and

(d) not endanger or knowingly interfere with any railway operations; and

(e) not damage or knowingly disturb any rail infrastructure; and

(f) take sensible precautions for the safety of persons and property; and

(g) not knowingly aggravate any existing danger, risk or hazard; and

(h) if practicable in the case of prolonged access, maintain regular radio or telephone contact with the responsible Rail Infrastructure Manager; and

(i) leave the rail network at, by or for a specified time if directed to do so, for personal or operational safety reasons, by any railway entity; and

(j) make a reasonable attempt to give the responsible Rail Infrastructure Manager notice immediately after leaving the rail network.