199Power to require works to stop

199 Power to require works to stop

199 Power to require works to stop

(1) A person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten—

(a) the safety of the railway; or

(b) the operational integrity of the railway,

notify the relevant rail infrastructure manager of the intention to carry out those works.

Maximum penalty—

(a) in the case of an individual—$20 000;

(b) in the case of a body corporate—$100 000.

(1a) If a rail infrastructure manager believes on reasonable grounds that proposed works of which the manager has been notified under subsection (1) threaten, or are likely to threaten—

(a) the safety of the manager’s railway; or

(b) the operational integrity of the manager’s railway,

the manager may, by written notice, give the person advice in connection with the proposed work.

(2) If—

(a) a person is carrying out, or proposes to carry out, works near a railway; and

(b) the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten—

(i) the safety of the railway; or

(ii) the operational integrity of the railway,

the Regulator may, by written notice, give the person a direction to stop, alter or not to commence the work.

(3) If—

(a) a rail transport operator is carrying out, or proposes to carry out, railway operations on or near land on which there is infrastructure, or works, of a utility; and

(b) the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten—

(i) the safety of the utility infrastructure or works; or

(ii) the safe provision by the utility of water, gas or electricity or other like services,

the Regulator may, by written notice, give the operator a direction to stop, alter or not to commence the railway operations.