Re: Rail Safety Act in ACT

[Bruce Greening <bgreeni@attglobal.net>]

David Bromage wrote:

> keith malcolm (kmalcolm@tpg.com.au) wrote:
> > Out of curisity. I was wondering how valid is the NSW rail safety act in the
> > ACT? The railway to Canberra is in the ACT from just west of Queanbeyan and
> > is operated under NSW rules.
>
> So is the line from Border Loop to Acacia Ridge, but it's owned by QR.
>
> The NSW Rail Safety Act 1993 applies to:
>
> Section 8: Railways to which Act applies
>
> (1) This Act applies to:
>
>    (a)  any railway within, or partly within, the State with a railway track
>         gauge equal to or greater than 600 mm, and
>
>    (b)  any other system designed to transport passengers or freight or both
>         and declared by the regulations to be a railway for the purposes of
>         this Act,
> and to the operation of any such railway.
>
> The operation of the Queanbeyan - Canberra line was originally governed by
> the Seat of Government Railway Act 1928. Although owned by the
> Commonwealth, NSWGR was given operating rights. As at its most recent
> amendment in 1983, it was still formally owned by the Australian National
> Railways Commission. A 25 year lease was granted to the State Rail
> Authority in 1985.
>
> The responsibility for safety is probably defined in the lease. The Seat
> of Government Railway Act was not repealed under the Australian National
> Railways Commission Sale Act 1997.
>
> Cheers
> David

With the Act finally winding up AN a few days ago, the land etc passed to the ACt
Govt. RAC are negotiating to take over most of it from ACT. Right now it is a
little vauge as to what law, rules etc apply.

--
Bruce L. Greening
bgreeni@ibm.net