Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
sec.140Duty of rail operators
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sec.140 Duty of rail operators
A rail operator must not allow dangerous goods being transported to be delivered at a location that is not attended by railway personnel, other than the crew of the rail vehicle transporting the goods, unless— the consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or the consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location. Maximum penalty—15 penalty units. In this section— secure location , for the delivery of goods, means a location to which it may reasonably be expected that unauthorised persons will not gain access including by having regard to— the nature of the location; and the nature of the goods; and the type of any container or rail wagon in which the goods are stored. (sec.140-ssec.1) A rail operator must not allow dangerous goods being transported to be delivered at a location that is not attended by railway personnel, other than the crew of the rail vehicle transporting the goods, unless— the consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or the consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location. Maximum penalty—15 penalty units. (sec.140-ssec.2) In this section— secure location , for the delivery of goods, means a location to which it may reasonably be expected that unauthorised persons will not gain access including by having regard to— the nature of the location; and the nature of the goods; and the type of any container or rail wagon in which the goods are stored.
- (a) the consignee of the goods or a person acting for the consignee, is at the location to receive the goods; or
- (b) the consignee of the goods has agreed, in writing, with the rail operator for the rail operator to deliver the goods at a secure location and the goods are unloaded at the location.
- (a) the nature of the location; and
- (b) the nature of the goods; and
- (c) the type of any container or rail wagon in which the goods are stored.