108Interface coordination—rail infrastructure and private roads

108 Interface coordination—rail infrastructure and private roads

108 Interface coordination—rail infrastructure and private 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, the existence or use of any rail or road crossing that is part of the road infrastructure of a private road; and

(b) consider the extent to which those risks are managed by any prescribed protocols; and

(c) consider whether it is necessary to manage those risks in conjunction with the road manager of that road and—

(i) if the rail infrastructure manager is of the opinion that it is necessary that those risks be managed in conjunction with the road manager—give written notice of that opinion to the road manager and determine measures to manage, so far as is reasonably practicable, those risks; or

(ii) if the rail infrastructure manager is of the opinion that the management of those risks does not need to be carried out in conjunction with the road manager—keep a written record of that opinion; and

(d) unless paragraph (c)(ii) applies—for the purpose of managing those risks, seek to enter into an interface agreement with the road manager.

Maximum penalty—

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

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

(2) If a rail infrastructure manager gives a road manager of a private road a written notice under subsection (1)(c)(i), the road manager 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, railway operations; 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.

Maximum penalty—