183Contents of non-disturbance notice

183 Contents of non-disturbance notice

183 Contents of non-disturbance notice

(1) A non-disturbance notice may require the person to—

(a) preserve the site at which a notifiable occurrence has occurred for a specified period; or

(b) prevent the disturbance of a particular site (including the operation of plant or rolling stock) in other circumstances for a specified period that is reasonable in the circumstances.

(2) A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—

(a) the obligations of the person to whom the notice is issued; and

(b) the measures to be taken to preserve a site or prevent disturbance of a site; and

(c) information about the right to a review under Part 7 of the decision to serve the notice; and

(d) the penalty for contravening the notice.

(3) In subsection (1), a reference to a site includes any rail infrastructure, rolling stock, substance or other thing associated with the site.

(4) A non-disturbance notice does not prevent any action—

(a) to assist an injured person; or

(b) to remove a deceased person; or

(c) that is essential to make the site safe or prevent a further incident; or

(d) that is associated with a police investigation; or

(e) in respect of which a rail safety officer has given permission.

s 183: Am 2016 No 31, sec 8.