Railways Act 2005

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Reprint as at 6 August 2010

Railways Act 2005

Public Act2005 No 37
Date of assent20 April 2005
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Transport

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 All practicable steps

6 Act binds the Crown

Part 2
Safety

Subpart 1—Duties of rail participants and other persons

7 General safety duties of rail participants and persons working for rail participants

8 Relationship of Act with Health and Safety in Employment Act 1992

9 General safety duties of other persons

10 Rail operators and access providers must hold licences

11 Duty to comply with licences, safety cases, and safety systems

12 Duty to comply with instructions from network controllers

13 Duties in relation to accidents and incidents

14 Duty of rail participants to comply with dangerous goods provisions of Land Transport Act 1998

Subpart 2—Licensing of rail participants

15 Certain rail participants must be licensed

16 Application for licence

17 Grant of licences

18 Transfer or assignment of licence prohibited

19 Term of licence

20 Register of licences

Conditions of licences

21 Conditions of licences

22 Agents and contractors

Suspensions, revocations, and other conditions of licences

23 Power of Agency to suspend licence or impose temporary conditions

24 Power of Agency to revoke licence or impose permanent conditions

25 Matters relating to action taken under section 23 or section 24

26 Power of Agency to amend or revoke licences in other cases

Adverse decisions

27 Rights of persons affected in relation to adverse decisions

Further powers of Agency

28 Power of Agency to prohibit operation, impose conditions, or detain or immobilise rail vehicles or railway infrastructure

Subpart 3—Safety cases, safety systems, and improvement plans

29 Proposed safety case to accompany application for licence

30 Contents of safety case

31 Matters to be taken into account in considering proposed safety case

32 Approval of safety case

33 Application to replace or vary approved safety case

34 Requirement by Agency to replace or vary approved safety case

35 Procedure for replacement or variation of approved safety case

36 Safety improvement plans

Subpart 4—Safety assessments

Safety assessments

37 Ordinary and special safety assessments

38 Safety assessor must consult

39 Safety assessment report

40 Matters included in safety assessment report

41 Costs of safety assessments

42 Notification of requirement for improvements

43 Report on remedial action

44 Extension of time to complete remedial action

Safety assessors

45 Appointment of safety assessors

46 Functions and duties of safety assessors

47 Powers of safety assessors to obtain information, etc

48 Powers of entry of safety assessors

Subpart 5—Rules and regulations

Rules

49 Minister's power to make ordinary rules

50 Rules concerning behaviour on railways or railway premises

51 Rules concerning dangerous goods

52 Rules concerning rail vehicles, railway premises, and railway infrastructure

53 Rules concerning authorisation, standard-setting, etc

54 Other provisions concerning ordinary rules

55 Procedure concerning ordinary rules

56 Agency may make emergency rules

57 General provisions concerning making of rules

58 Evidence of rules

Regulations

59 Regulations

60 Regulations relating to fees and charges for rail transport

Subpart 6—Offences and remedies

61 Failure to comply with safety duties

62 Failure to hold licence

63 Failure to report accident or incident

64 Obstructing safety assessor

65 Liability of employers and principals

66 Liability of directors of bodies corporate

67 Power to prohibit or restrict persons from being involved in rail activities

Subpart 7—Appeals

68 Appeal to District Court

69 Procedure

70 Decision of Agency to continue in force pending appeal, etc

71 Appeal to High Court on question of law

72 Further appeal to Court of Appeal

Part 3
Rail corridor

Subpart 1—Protection of rail corridor

73 Trespass relating to railway

74 Railway drains

75 Access to railway by easements or for works

76 Lights, etc, liable to be confused with railway signals

77 Power to prevent damage to railway

78 Notice requirements

79 Compensation for damage

Subpart 2—Interaction of rail and road

80 Rail vehicles have right of way

81 Notices and warning devices at level crossings

82 Gates and cattle stops

83 Maintenance of crossings

84 Use of road for railway

Subpart 3—Construction and maintenance of railways

85 Landowner has no interest in railway lines

86 Right of entry to existing railway infrastructure

87 Maintenance of railway infrastructure on roads

88 Notice of alteration to railway lines or works on roads

89 Appeals in relation to conditions imposed

90 Appeals on questions of law

91 No charging for access to road reserve

Subpart 4—Offences and certificates

92 Offences

93 Certificates by infrastructure owners or licensed access providers

Part 4
Miscellaneous

94 Notices

95 Information for offences

96 Evidence and proof

97 Application of fees

Infringement offences

98 Infringement offences

99 Issue of infringement notice

100 Reminder notices

101 Infringement fees

102 Appointment of enforcement officers

Repeals and transitional provisions

103 Repeals, revocations, and consequential amendments

104 Repeals by Order in Council

105 Issue of licences to persons holding rail service licences under Transport Services Licensing Act 1989

106 Provisions relating to persons requiring licences who do not hold rail service licences under Transport Services Licensing Act 1989

107 Safety audits under Transport Services Licensing Act 1989

108 Decisions of Agency under Transport Services Licensing Act 1989

109 Applications under Transport Services Licensing Act 1989

110 Court proceedings under Transport Services Licensing Act 1989

111 Application of Transport Services Licensing Act 1989 to licences issued under this Act

Schedule 1
Acts consequentially amended

Schedule 2
Regulations consequentially amended

Infrastructure (Amendments Relating to Utilities Access) Act 2010

Reprint notes