Document ID: chunk:federal_register_of_legislation:F2008L04648:body:0:p5
Version: federal_register_of_legislation:F2008L04648
Segment Type: other
Provision Reference: 
Character Range: 10867–13924

manager, the road manager –

                 (a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of the road because of, or partly because of, railway operations; and

                 (b) must determine measures to manage, so far as is reasonably practicable, those risks; and

                 (c) must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager.

              (3) Nothing in this section authorises or requires a road manager to act inconsistently with, or without regard to, the functions, obligations or powers conferred on it by or under an Act other than this Act.

            Note
            Subject to local provisions (if any) that provide protection from civil liability for road managers – eg Civil Liability Act 2002 (NSW) s. 45.

             61D. Identification and assessment of risks

            A rail transport operator, rail infrastructure manager or road manager that is required under section 61, 61A, 61B or 61C to identify and assess risks to safety that may arise from operations carried out by another person may do so –

                 (a) by itself identifying and assessing those risks; or

                 (b) by identifying and assessing those risks jointly with the other person; or

                 (c) by adopting the identification and assessment of those risks carried out by the other person.

             61E. Interface agreements

            An interface agreement under this Division –

                 (a) may be entered into by two or more rail transport operators or by one or more rail transport operators and one or more road managers;

                 (b) may include measures to manage any number of risks to safety that may arise because of, or partly because of, any railway operations;

                 (c) may include measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road infrastructure;

                 (d) may make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document;

                 (e) may consist of two or more documents.

             61F. Appointed person may give directions

              (1) In this section, "appointed person" means [eg Director of Public Transport Safety (Vic), Rail Safety Regulator, person appointed by the Minister‑ Note that other Acts may require amendment to confer necessary powers].

              (2) This section applies if the appointed person is satisfied that a rail transport operator, rail infrastructure manager or road manager referred to in section 61, 61A, 61B or 61C –

                 (a) is unreasonably refusing or failing to enter into an interface agreement with another person as required under this Division; or

                 (b) is