7Railways to which this Law does not apply

7 Railways to which this Law does not apply

7 Railways to which this Law does not apply

(1) This Law does not apply to or in relation to—

(a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or

(b) a slipway; or

(c) a railway used only to guide a crane; or

(d) an aerial cable operated system; or

(e) a railway used only by a horse-drawn tram; or

(f) a railway used only for a static display; or

(g) any other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply.

(2) This Law does not apply to or in relation to the following railways—

(a) a railway that—

(i) is privately owned and operated as a hobby; and

(ii) is operated only on private property; and

(iii) does not operate on or cross a public road; and

(iv) is not operated for hire or reward, or provided on hire or lease; and

(v) to which members of the public do not have access (whether by invitation or otherwise);

(b) a railway that—

(i) is used only for the purposes of an amusement structure; and

(ii) is operated only within an amusement park; and

(iii) does not operate on or cross a public road; and

(iv) is not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law.

(3) Despite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies.