sec.199Power to require works to stop

sec.199 Power to require works to stop

A person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten— the safety of the railway; or the operational integrity of the railway, notify the relevant rail infrastructure manager of the intention to carry out those works. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. 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— the safety of the manager’s railway; or the operational integrity of the manager’s railway, the manager may, by written notice, give the person advice in connection with the proposed work. If— a person is carrying out, or proposes to carry out, works near a railway; and the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten— the safety of the railway; or 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. If— 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 the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten— the safety of the utility infrastructure or works; or 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. A person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. If a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3) , the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice. A person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. Subsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse. Subject to subsection (9) , a notice under this section must— include information about the right to a review under Part 7 of the decision to serve the notice; and state that the notice is served under this section. Subsection (8) (a) does not apply to a notice under subsection (1a) . s 199 amd 2016 No. 31 (SA) s 9 (sec.199-ssec.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— the safety of the railway; or the operational integrity of the railway, notify the relevant rail infrastructure manager of the intention to carry out those works. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. (sec.199-ssec.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— the safety of the manager’s railway; or the operational integrity of the manager’s railway, the manager may, by written notice, give the person advice in connection with the proposed work. (sec.199-ssec.2) If— a person is carrying out, or proposes to carry out, works near a railway; and the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten— the safety of the railway; or 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. (sec.199-ssec.3) If— 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 the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten— the safety of the utility infrastructure or works; or 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. (sec.199-ssec.4) A person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. (sec.199-ssec.5) If a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3) , the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice. (sec.199-ssec.6) A person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. (sec.199-ssec.7) Subsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse. (sec.199-ssec.8) Subject to subsection (9) , a notice under this section must— include information about the right to a review under Part 7 of the decision to serve the notice; and state that the notice is served under this section. (sec.199-ssec.9) Subsection (8) (a) does not apply to a notice under subsection (1a) .