Rail Safety National Law (NSW)
110Regulator may give directions
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110 Regulator may give directions
110 Regulator may give directions
(1) This section applies if the Regulator is satisfied that a rail transport operator, rail infrastructure manager or road manager referred to in this Subdivision—
(a) is unreasonably refusing or failing to enter into an interface agreement with another person as required under this Subdivision; or
(b) is unreasonably delaying the negotiation of such an agreement.
(2) The Regulator may give a written notice to the rail transport operator, rail infrastructure manager or road manager (as the case requires) and the other person that—
(a) warns of the Regulator’s powers under this section, including the power to issue a direction under subsection (3) at any time after a specified date; and
(b) includes a copy of this section; and
(c) may contain suggested terms for inclusion in an interface agreement.
(3) If the Regulator gives a notice under subsection (2) to a rail transport operator, rail infrastructure manager or road manager, the Regulator may, in writing, require the operator or manager to provide such information as the Regulator reasonably requires for the purposes of making a direction under this section.
(4) If a notice is given under subsection (2) and an interface agreement has not been entered into by or on the date specified in the notice, the Regulator—
(a) may determine the arrangements that are to apply in relation to the management of risks to safety referred to in section 106, 107 or 108 (as the case requires); and
(b) may direct any of the persons to whom the notice is issued to give effect to those arrangements; and
(c) must specify the time within which a direction is to be complied with.
(5) A direction under subsection (4)—
(a) must be in writing; and
(b) must set out any arrangements determined by the Regulator under that subsection.
(6) A person to whom a notice or direction is given under this section must comply with the notice or direction within the time specified in the notice or direction.