South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 1996 - SECT 29

29—Power to require works to stop

        (1)         A person (other than an accredited person) must not, without the written approval of the Administrating Authority or the owner of the railway, carry out works near a railway if the works threaten, or are likely to threaten, the railway's safety or operational integrity.

Maximum penalty: $20 000.

        (2)         If—

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

            (b)         the Administrating Authority reasonably believes the works threaten, or are likely to threaten, the railway's safety or operational integrity,

the Administrating Authority may give the person a written direction to stop, alter or not to start the works.

        (3)         A person must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty: $20 000.

        (4)         If works are carried out contrary to subsection (1) or a direction under subsection (2), the Administrating Authority may, by notice in writing, require the owner of the land where the works are situated to alter, demolish or take away the works within a reasonable time stated in the notice.

        (5)         A person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty: $20 000.

        (6)         If the requirements of a notice are not complied with, the Administrating Authority may take any action required by the notice.

        (7)         Action under subsection (6) may be taken on the Administrating Authority's behalf by an authorised officer or by another person authorised by the Administrating Authority for the purpose.

        (8)         The Administrating Authority may recover the reasonable costs and expenses incurred by the Administrating Authority in taking action under subsection (6) as a debt from the person who failed to comply with the requirements of the notice.

        (9)         For the purposes of this section, an authorised officer, or a person who holds a specific authority from the Administrating Authority, may enter land and inspect works, and carry out any work authorised under subsection (6)—

            (a)         after giving three days notice in writing to the land's owner or occupier; or

            (b)         with the written agreement of the land's owner or occupier; or

            (c)         without notice or agreement, if the Administrating Authority reasonably believes there is an immediate and significant threat to the railway's safety or operational integrity.