Object or Purpose of this legislative Instrument:
This chapter of the Transport Infrastructure Act provides a regime for the construction, maintenance and operation of safe rail transport infrastructure which contributes to overall transport efficiency and effectiveness.
Scope of this legislative Instrument:
The chapter provides for a rail feasibility investigators authority to enter another persons land to investigate the lands potential and suitability as a rail corridor.
It further sets out the powers, obligations and rights of railway managers and operators in relation to rail land and works impacting upon that land and the offences and penalties under the Act, which are further prescribed by the Regulation.
The rail transport provisions of the Act do not apply to:
- a cable car
- a monorail
- an amusement railway
- a cane railway
- a tramway operated on roads
The following Subordinate Legislation should be examined:
- Transport Infrastructure (Rail) Regulation 2006.
The following Guides or Booklets are available:
- Rail Safety Management within Queensland
An obligation defined in law. A business must comply with relevant services.
Definition of terms
- Rail transport infrastructure
facilities necessary for operating a railway, including:
railway track and works built for the railway, including, for example cuttings, drainage works, excavations, land fill, track support earthworks
any of the following things that are associated with the railway''s operation; bridges, communication systems, machinery and other equipment, marshalling yards, notice boards, notice markers and signs, overhead electrical power supply systems, over track structures, platforms, power and communication cables, service roads, signalling facilities and equipment stations, survey stations, pegs and marks, train operation control facilities, tunnels, under track structures
vehicle parking and set down facilities for intending passengers for a railway that is controlled or owned by a railway manager or the chief executive
pedestrian facilities, including footpath paving, for the railway that are controlled or owned by a railway manager or the chief executive; but does not include other rail infrastructure.
- Railway manager
for a railway, the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway; or
for rail corridor land, the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway, or proposed railway, on, or proposed to be on, rail corridor land.
- Railway operator
a person who operates rolling stock on a railway.
- Railway works
works for constructing, maintaining, altering or operating a railway or rolling stock; or
other works declared under a regulation to be railway works.
- Rolling stock
A vehicle, including, for example, a train, that operates on a railway and is used, or is proposed to be used, for either of the following purposes
transporting passengers or freight on a railway track; or
maintenance work, or other work associated with, a railway.
A railway manager may temporarily close or regulate a railway crossing on safety grounds under the provisions of the Act.
Compliance Mechanisms and Penalties:
The provisions of the Transport (Rail Safety) Act 2010 require railway infrastructure managers and railway operators to comply with the conditions of their accreditation. Breaches of this requirement may incur a fine, or suspension or cancellation of accreditation.
Railway incidents may be investigated by rail safety officers under the Transport (Rail Safety) Act 2010 and may result in proceedings before a Board of Inquiry.
Fines are imposed for offences against the Transport (Rail Safety) Act 2010 and are further prescribed in the Regulation.
Review or Appeal Mechanisms:
An appeal against a decision relating to accreditation or to the carrying out of railway works may be made to the appropriate court as specified in the Schedule to the Transport (Rail Safety) Act 2010 .
Rail, Ports and Freight Division
Governance, Policy and Planning
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