Re: Rail Safety Act in ACT

[dbromage@fang.omni.com.au (David Bromage)]

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of Government Railway Act was not repealed under the Australian National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