Accreditations under this law, including a requirements, standards, qualifications or conditions that must be satisfied. Rail safety officer may direct a things return 80 99. Rail safety national law nsw sect 55 duty of officers to. The reprint shows the law as amended by all amendments that commenced on or before that day reprints act 1992 s 5c.
The 1989 act reflected that policy of deregulation, introduced as freedom to move in 1985. Intergovernmental agreement on rail safety regulation and investigation reform page 4 delegations 9. Transport rail safety act 2010 reprinted as in force on 14 april 2011 reprint no. Rail safety national law national regulations 2012 nsw. Nsw treasury submission to the national competition council 2 longterm lease of the port of newcastle and impact of the transaction on the competitive dynamics related to the port of newcastle. Shipper safety handbook railroad customer safety handbook this book is an extension of our expanding efforts to put safety first in all aspects of our operations. New south wales rail safety national law national regulations 2012 under the rail safety national law nsw this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office a nd published on the nsw legislation website. These will still be reportable as category b occurrences. The administration of individual acts is allocated to ministers by an allocation of the administration of acts instrument under the constitution act 1902. Railway safety regulator act transnet freight rail. The law establishes the onrsr as the body responsible for rail safety regulation in that state or territory. Rail safety national law queensland regulation 2017. Rail safety national law nsw sect 55 duty of officers. Order repealing certain regulations made under the railway safety act sor2016319 december 16, 2016 comes into force on the day on which subsection 352 of the safe and accountable rail act, chapter 31 of the statutes of canada, 2015, comes into force, but if this order is registered after that day, it comes into force on the day on which it.
Rail safety national law nsw sect 118 identification of. Nsw safety alerts office of the national rail safety. Nsw trains reserves the right to exclude from the competition any entries of a rude, vulgar, or otherwise inappropriate nature. Authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. An act to make provision for a national system of rail safety. Bill c52 safe and accountable rail act as a result of the events of july 20 in lac megantic, quebec, the canadian government has made amendments to the railway safety act in the form of bill c52 that will provide greater oversight and accountability throughout the industry. Northern territory rail safety act 1998 south australian rail safety act 1996 new south wales rail safety act 2002 victorian rail safety act 2006 western australian rail safety act 1998, queensland transport infrastructure act 1994 south australian occupational health and safety act 1986. Monthly returns amendment of regulation 56 accredited operators will no longer have to report refusals or positive drug and alcohol tests each month. Impacts of changes to the rail safety act in nsw rail.
Current version for 5 december 2019 to date accessed 9 may 2020 at 14. Transport safety officer tso powers are allowed for in the transport safety schemes compliance and enforcement act 2014 vic. Penalties and enforcement tools to address noncompliance with marine safety legislation and waterway rules. Rail safety act 2002 as at 1 january 2009 act 96 of 2002 table of provisions long title part 1 preliminary 1. The relevant standing council responsible for rail safety regulation and investigation is authorised to agree the schedules and changes to the schedules attached to this agreement. Act binds crown part 2 accreditation of operators and certification of railway employees division 1. Rail safety national law queensland act 2017 an act to apply a national law that provides for a national system of rail safety part 1 preliminary 1 short title this act may be cited as the rail safety national law queensland act 2017. Rail safety act 2002 as at 1 january 2009 act 96 of 2002. Rail safety national law nsw no 82a nsw legislation. See end of document for details under section 3af4, 4 or 5a of the 1988 act shall be. Rail safety national law nsw sect 8 meaning of rail safety work 8 meaning of rail safety work 1 subject to subsection 2, any of the following classes of work is rail safety work for the purposes of this law a driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock. Rail safety national law nsw sect 52 duties of rail transport operators 52 duties of rail transport operators 1 a rail transport operator must ensure, so far as is reasonably practicable, the safety of the operators railway operations. Rail safety in queensland department of transport and. Safety duties for persons and parties responsible for marine safety.
Western australia office of the national rail safety. Apr 14, 2011 information about this reprint this act is reprinted as at 14 april 2011. The marine safety act 2010 vic and marine safety regulations 2012 vic provide for safe marine operations in victoria. Legislation that governs the activities of rail participants in new zealand are as follows. Rail safety national law nsw sect 118 identification. Rail safety national law office of the national rail. Empowering the regulator to prohibit a person from acting or from continuing to act as a rail safety worker for a specified period, or until further order of the regulator.
Rail safety national law nsw sect 8 meaning of rail. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. The rail safety national law is applied with modi fications as a law of nsw by the nsw rail safety adoption of national law act 2012. Commencement these regulations come into operation as follows a regulations 1 and 2 on the day on which these regulations are published in the gazette. Draft regulatory impact statement september 2011 iii foreword the national transport commission ntc is an independent organisation established under the national transport commission act 2003 commonwealth and an intergovernmental agreement for regulatory and operational reform in road, rail and. Citation these regulations are the rail safety regulations 2011. Rail safety national law nsw sect 52 duties of rail. An act to amend title 49, united states code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the federal railroad safety administration, and for other purposes. Regulations made under this act may create offences punishable by a penalty not exceeding 250 penalty units. The rail safety national law was first enacted in south australia and each state and territory has passed a law explaining that the rail safety national law being the schedule to the south australian law is the rail safety law in that state or territory or replicates that law. Rail safety national law nsw as being made under this act. In july 1982 a new colour scheme developed by phil belbin of red, yellow, orange and white was unveiled. Precautionary advice timken 6x11e class package unit bearing seal failure 30 december 20 this safety alert states that the pacific national has detected a number of timkin e glass package unit bearings suffering from seal failure in their wa, vic and qld operations.
Order repealing certain regulations made under the railway safety act sor 2016319 december 16, 2016 comes into force on the day on which subsection 352 of the safe and accountable rail act, chapter 31 of the statutes of canada, 2015, comes into force, but if this order is registered after that day, it comes into force on the day on which it is registered. The rail safety national law is applied with modifications as a law of nsw by the nsw rail safety adoption of national law. Rail safety national law nsw sect 176 contents of improvement notices 176 contents of improvement notices 1 an improvement notice must a if the notice relates to a contravention or likely contravention of this law i state that the rail safety officer believes the person a is contravening a provision of this law. The rail safety national law rsnl was created following an agreement of the council of australian governments coag to deliver a consistent approach to rail safety policy and regulations and to remove the inconsistencies between the previous state and territory rail safety regimes.
In these regulations, unless the contrary intention appears category a notifiable occurrence see regulation 57 category b notifiable occurrence see regulation 57 law means the rail safety national law, as amended from time to time, set out in the schedule to the rail safety national law south australia act 2012 of south australia. Section 1 rail safety act 2008 no 97 part 1 preliminary the legislature of new south wales enacts. The rail safety act 2006 is a law enacted by the parliament of the state of victoria, australia, and is the prime statute regulating the safety of rail operations in victoria. The state rail authority was established pursuant to the transport authorities act 1980 nsw that separated the functions of the public transport commission with the state rail authority taking responsibility for trains, and the urban transit authority responsibility for buses and ferries. Transport administration act 1988, part 4a, divisions 1 to 3, so far as it relates to roads and maritime services, part 6, and so much of the act as relates to roads and maritime services remainder, the minister for transport and infrastructure transport administration general regulation 20. The new law establishes a single position for a national rail safety regulator. The railway safety act rsa was implemented in 1989, during a period of profound transformation for rail transportation in canada one of industry privatization and restructuring, as well as government deregulation. Nsw safety alerts office of the national rail safety regulator. Currency as amended to rail safety adoption of national law regulation 2018 no 396. Railcorp is a nsw government agency that holds rail property assets, rolling stock and rail infrastructure in the sydney metropolitan area and limited country locations in the state of nsw and it makes these assets available to sydney trains and nsw trains for their operations. All rail transport operators must abide by the following legislation and standards.
The application of this schedule may be displaced, wholly or partly, by a contrary intention appearing in this law. Intergovernmental agreement on rail safety regulation and. Rail safety national law nsw sect 118 identification of rail safety workers 118 identification of rail safety workers 1 a rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the operators railway operations has a form of identification that is sufficient to enable the type of competence and training of the worker for that. It also discusses the public interest test, the description of the service in glencores. Board of inquiry means a board of inquiry constituted by the minister under section 69. Rail safety national law nsw schedule 1 schedule 1 national regulations 1. Railways and tramways are required to operate under the railways act 2005 external link the act, which promotes the safety of rail operations the act supports a principles based approach to regulatory oversight. From 1 july 2017, the office of the national rail safety regulator will regulate rail safety in queensland. There are currently no known outstanding effects for the railways and transport safety act 2003, part 5. The regulator was established in response to the council of australian governments decision to introduce national reform for rail safety in. The rail safety national law is applied with modifications as a law of nsw by the nsw rail safety adoption of national law act 2012. Australian rail safety law means a rail safety law or a corresponding rail safety law.
Legislation and standards department of transport and. Administration of an act extends to the administration of any regulations made under the act. Rail safety act 2010 contents ceased on 02 nov 2015 version 00k001 page v extract from. New south wales rail safety act 2002 victorian rail safety act 2006 western australian rail safety act 1998, queensland transport infrastructure act 1994 south australian occupational health and safety act 1986 south australian environmental protection act 1993. Section 1 rail safety adoption of national law act 2012 no 82 part 1 preliminary the legislature of new south wales enacts. Rail safety national law nsw schedule 2 schedule 2 miscellaneous provisions relating to interpretation part 1 preliminary 1 displacement of schedule by contrary intention. The new legislation raises challenges for members of the australasian railway association ara to achieve compliance with the legislation and to strategically address its relationship with the nsw rail regulator and other industry participants. Aug 25, 2017 rail safety national law queensland act 2017 an act to apply a national law that provides for a national system of rail safety part 1 preliminary 1 short title this act may be cited as the rail safety national law queensland act 2017. Arrangements for the act are still being clarified. New south wales consolidated acts search this act rail safety national law nsw sect 176 contents of improvement notices 176 contents of improvement notices 1 an improvement notice must a if the notice relates to a contravention or likely contravention of this law. New south wales consolidated acts search this act rail safety national law nsw sect 52 duties of rail transport operators 52 duties of rail transport operators 1 a rail transport operator must ensure, so far as is reasonably practicable, the safety of the operators railway operations. Rail safety national law draft regulatory impact statement. Railways and transport safety act 2003 legislation.
Rail safety legislation waka kotahi nz transport agency. Changes to the rail safety national law 2019 page 2 of 3 includes nsw in relation to their existing prescribed incidents unchanged. The railway safety regulator act 16 of 2002 this act is a relatively simple and enabling piece of legislation containing principles of good governance and making provision for regulations to be developed as and when required. Rail safety national law nsw sect 55 duty of officers to exercise due diligence 55 duty of officers to exercise due diligence 1 if a person has a duty or obligation under this law, an officer of the person must exercise due diligence to ensure that the person complies with that duty or obligation. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, division arail safety sec. Australian rail safety regulator means the itsrr or a corresponding rail safety regulator. Information about this reprint this act is reprinted as at 14 april 2011. Western australia office of the national rail safety regulator. Nsw trains may in its complete discretion preclude that entrant from participation in any or all future promotions of nsw trains. Changes to rail safety regulations and investigations. Nsw treasury submission to the national competition council. Prize is not transferable and nonredeemable for cash. Rail safety national law national regulations 2012.
Part 1 preliminary 1 name of act this act is the rail safety act 2008. Part 1 preliminary 1 name of act this act is the rail safety adoption of national law act 2012. From january 1st 2009, the rail safety act 2008 replaced the rail safety act 2002 in new south wales. Queensland adopts the rail safety national law herbert. Page 4 section 7 rail safety adoption of national law act 2012 no 82 part 2 application of rail safety national law 3 the acts interpretation act 1915, and other acts other than acts referred to in subsection 2, of so uth australia do not apply to the rail safety national law nsw or the instruments made under that law. Rail safety act 2010 rail safety regulations 2011 made by the governor in executive council.
651 1193 778 1325 1533 841 369 1324 875 623 1114 70 1515 1157 442 96 1304 120 174 1399 900 479 1566 1387 1092 1480 1261 808 1351 1125 866 1336 1483 764 1077 707 819 1252