107Interface coordination—rail infrastructure and public roads

107 Interface coordination—rail infrastructure and public roads

107 Interface coordination—rail infrastructure and public roads

(1) A rail infrastructure manager must—

(a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure because of, or partly because of—

(i) the existence of road infrastructure of a prescribed public road; or

(ii) the existence or use of any rail or road crossing that is part of the road infrastructure of a public road; and

(b) determine measures to manage, so far as is reasonably practicable, those risks; and

(c) for the purpose of managing those risks—seek to enter into an interface agreement with the road manager of that road.

Maximum penalty—

(a) in the case of an individual—$50 000;

(b) in the case of a body corporate—$500 000.

(2) The road manager of a public road must—

(a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of the road because of, or partly because of—

(i) the existence of road infrastructure of a prescribed public road; or

(ii) the existence or use of any rail or road crossing that is part of the road infrastructure of a public road; and

(b) determine measures to manage, so far as is reasonably practicable, those risks; and

(c) for the purpose of managing those risks—seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.

Maximum penalty—

(a) in the case of an individual—$50 000;

(b) in the case of a body corporate—$500 000.

(3) Nothing in this section authorises or requires a road manager to act inconsistently with, or without regard to, the functions, obligations or powers conferred on it by or under an Act or law.