South Australian Consolidated Acts

RAILWAYS (OPERATIONS AND ACCESS) ACT 1997 - SECT 13

13—Maintenance

        (1)         An operator—

            (a)         must maintain any road on which it places fixed railway infrastructure, whether placed over, under, along or across that road before or after the commencement of this Division, to the extent that the fixed railway infrastructure, or any railway service operated on the fixed railway infrastructure, causes or contributes to the deterioration of the road; and

            (b)         must keep in good condition and repair—

                  (i)         so much of a road that lies between the rails of any railway track owned or operated by the operator; and

                  (ii)         so much of a road that lies within the prescribed distance beyond the rails on each side of any railway track owned or operated by the operator.

Maximum penalty: $100 000.

        (2)         In this section—

"prescribed distance" means, in relation to any railway track, 1 metre or such other distance as may be reasonably necessary to allow a smooth crossing of the railway by vehicles normally crossing at that place;

"road" includes a track or other place commonly used by vehicles.