Part 3 Rail corridor

Subpart 1—Protection of rail corridor

73 Trespass relating to railway

(1)

A person must not, without the express authority of the appropriate licensed access provider (in the case of railway infrastructure) or railway premises owner (in the case of railway premises),—

(a)

encroach on any railway infrastructure or railway premises by constructing or placing a building, fence, ditch, drain, or other obstacle, or planting a tree or shrub, on the railway infrastructure or railway premises; or

(b)

dig up, remove, alter, or undermine the soil or surface of any railway infrastructure or railway premises; or

(c)

fill up, divert, alter, or obstruct any ditch, drain, or watercourse that directly carries water off any railway infrastructure or railway premises or is made to protect that railway infrastructure or those railway premises; or

(d)

do any act in which—

(i)

a ditch, drain, or watercourse that directly carries water off any railway infrastructure or railway premises or is made to protect railway infrastructure or railway premises is stopped; or

(ii)

the natural flow of water in that ditch, drain, or watercourse is obstructed; or

(e)

interfere with or divert a ditch, drain, or watercourse in a manner that damages any railway infrastructure or railway premises; or

(f)

fell or remove a tree, shrub, or timber growing on any railway infrastructure or railway premises; or

(g)

interfere with or damage a rail vehicle or container or other property carried on a railway; or

(h)

interfere with, change, or move a building, structure, or property in a manner that causes damage to railway infrastructure or railway premises; or

(i)

cause or procure to be done any of the acts specified in paragraphs (a) to (h).

(2)

A person must not enter any railway infrastructure or railway premises,—

(a)

in the case of railway infrastructure, without the express authority of the appropriate licensed access provider; and

(b)

in the case of railway premises, without the express or implied authority of the appropriate railway premises manager.

(3)

The owner of stock, or a person in charge of stock, must prevent the stock from trespassing on a railway or on any part of a railway.

(4)

If stock is found trespassing on a railway,—

(a)

rail personnel may impound that stock:

(b)

the relevant rail participant, or its rail personnel, may, in respect of that stock, exercise any of the functions or powers conferred on an occupier of land by the Impounding Act 1955 (and the provisions of that Act, except section 26(1), apply accordingly).

(5)

The provisions of this section are in addition to, and not in substitution for, the provisions of the Trespass Act 1980.

Compare: 1992 No 111 s 25