Abt Railway Development By-laws 2001
The Ministerial Corporation makes the following by-laws under section 32 of the Abt Railway Development Act 1999 .
1Short titleThese by-laws may be cited as the Abt Railway Development By-laws 2001 . 2CommencementThese by-laws take effect on the day on which their making is notified in the Gazette. 3InterpretationIn these by-laws – Act means the Abt Railway Development Act 1999 ; drive includes ride, take, use, or be in charge of, a vehicle; inspector means an inspector appointed under section 22 of the Act; vehicle means vehicle as defined in the Traffic Act 1925 . 4Walking on or near trackA person, unless authorised by the Ministerial Corporation, must not walk – (a) on any track that is part of the railway; or (b) within 2 metres of any track that is part of the railway. Penalty: Fine not exceeding 5 penalty units.
5Interfering with railwayA person, unless authorised by the Ministerial Corporation, must not interfere with or disable the railway or any part of the railway.Penalty: Fine not exceeding 5 penalty units.
6Removal of objectsA person, unless authorised by the Ministerial Corporation, must not remove any object from the railway, or any part of the railway, or from any land owned by the Ministerial Corporation or part of any land owned by the Ministerial Corporation.Penalty: Fine not exceeding 5 penalty units.
7Driving vehicles (1) A person, unless authorised by the Ministerial Corporation, must not drive a vehicle – (a) on any track that is part of the railway; or (b) within 2 metres of any track that is part of the railway. Penalty: Fine not exceeding 5 penalty units.
(2) Subclause (1) does not apply to a person driving a vehicle on any constructed level crossing that is part of the railway. 8Removal of persons (1) An inspector may exclude or eject any person from the railway, or any part of the railway, or from any land owned by the Ministerial Corporation or part of any land owned by the Ministerial Corporation if satisfied on reasonable grounds that the person – (a) is intoxicated; or (b) is acting in a manner that may offend, annoy or injure any other person; or (c) is obstructing that inspector in the exercise or performance of any powers or functions under the Act; or (d) has committed or is committing an offence under the Act or these by-laws. (2) A person who is excluded or ejected by an inspector must not – (a) refuse to state his or her full name and usual place of residence; or (b) refuse to leave the railway or part of the railway; or (c) refuse to leave the land or part of the land; or (d) fail to leave the railway or part of the railway; or (e) fail to leave the land or part of the land; or (f) re-enter the railway or part of the railway within 24 hours; or (g) re-enter the land or part of the land within 24 hours. Penalty: Fine not exceeding 2 penalty units.
These by-laws were made by the Ministerial Corporation on 23 November 2001.
The common seal of the Ministerial Corporation was affixed on 23 November 2001, in the presence of –
J. KELLY
for the Ministerial Corporation
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 12 December 2001
These by-laws are administered in the Department of State Development.
EXPLANATORY NOTE
(This note is not part of the bylaw) These by-laws make provision in relation to the conduct of persons and the management of vehicles on or near the railway.