Railways Act 2005 No 37 (as at 23 July 2011), Public Act

21 Conditions of licences
  • (1) A licence may be granted on any conditions that—

    • (a) the Agency, on reasonable grounds, considers appropriate in the interest of safety; or

    • (b) are prescribed by the rules.

    (2) Without limiting subsection (1), every licence has the following conditions:

    • (a) the licence holder has a safety liaison officer who is authorised to act as the licence holder's primary contact with the Agency in relation to the licence; and

    • (b) the fees with respect to the licence are paid to the Agency; and

    • (c) the licence holder must report to the Agency those matters that are specified in the licence holder's safety case and any other matters that the Agency reasonably considers necessary in the interests of safety.

    (3) Without limiting subsection (1), every licence held by a rail operator has the following conditions:

    • (a) every rail vehicle used by the rail operator must be maintained as provided for in the approved safety case:

    • (b) the rail operator must, whenever required to do so by the Agency, present for inspection any rail vehicle that is used by the rail operator:

    • (c) a rail vehicle that has suffered serious damage may not be used until it has been approved in accordance with the rail operator's safety system and approved safety case:

    • (d) the rail operator must, on being requested to do so by the Agency or an enforcement officer, immediately supply the full name and address of any rail personnel of the rail operator who has committed or allegedly committed an offence (being an offence of which the rail operator is aware and that may be relevant to the safe operation of a rail vehicle).

    (4) Without limiting subsection (1), every licence held by an access provider has the following conditions:

    • (a) all railway infrastructure used by the access provider must be maintained as provided for in the approved safety case:

    • (b) the access provider must, whenever required to do so by the Agency, present for inspection any railway infrastructure controlled by the access provider:

    • (c) any railway infrastructure that has suffered serious damage may not be used until it has been approved in accordance with the access provider's safety system and approved safety case:

    • (d) the access provider must, on being requested to do so by the Agency or an enforcement officer, immediately supply the full name and address of any rail personnel of the access provider who has committed or allegedly committed an offence (being an offence of which the access provider is aware and that may be relevant to the safe operation of any railway infrastructure).

    (5) Without limiting subsection (1), every licence has the condition that the licence holder must provide the Agency with—

    • (a) the licence holder's current—

      • (i) place of business; and

      • (ii) postal address; and

      • (iii) electronic address (if any); and

    • (b) the safety liaison officer's contact details (including, but not limited to, current phone number and current electronic address (if any)).

    Compare: 1989 No 74 ss 31, 32

    Section 21(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(2)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(2)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(3)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(4)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(4)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 21(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).