South Australia
Rail Commissioner Act 2009
An Act to establish the Rail Commissioner; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Interpretation
Part 2—Rail Commissioner
Division 1—Establishment of Rail Commissioner
4Establishment of Rail Commissioner
5Appointment etc of Rail Commissioner
6Ministerial direction
Division 2—Functions
7Functions
Division 3—Special powers
8Power to enter, inspect etc railway premises etc
9Power to acquire land etc
10Power to carry out works
11Power to close or limit use of railways
Division 4—Miscellaneous
12Staff
13Delegation
14Conflict of interest
15Common seal and execution of documents
15AAnnual report
Part 3—Miscellaneous
16Precedence over roads
16AStanding approvals etc
17Inconsistency of by-laws
18Regulations
Schedule 1—Transitional provisions
Part 4—Transitional provision
6References to Rail Commissioner
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Rail Commissioner Act 2009.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
Commissioner means the Rail Commissioner established under this Act;
council means a council constituted under the Local Government Act 1999;
passenger transport service means a service consisting of the carriage of passengers for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party);
road means any street, road, thoroughfare, terrace, court, lane, alley, cul‑de‑sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;
road maintenance authority means an authority responsible for the care, control and maintenance of a road;
roadwork means—
(a)the construction of a road; or
(b)the maintenance or repair of a road; or
(c)the alteration of a road; or
(d)the construction of drains and other structures for the drainage of water from a road; or
(e)the installation of fences, railings, barriers or gates; or
(f)the installation, maintenance or alteration of traffic islands or parking bays; or
(g)the improvement of a road, including (for example)—
(i)landscaping and beautification; or
(ii)installation of road lighting; or
(h)the installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or
(i)the installation of signs on or adjacent to a road for the use or benefit of the public; or
(j)any work in connection with a road;
traffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering, or leaving, a road, and includes a traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road.
(2)Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Rail Safety National Law (South Australia) Act 2012.
Part 2—Rail Commissioner
Division 1—Establishment of Rail Commissioner
4—Establishment of Rail Commissioner
(1)There is to be a Rail Commissioner.
(2)The Rail Commissioner—
(a)is a body corporate; and
(b)has perpetual succession and a common seal; and
(c)is capable of suing and being sued; and
(d)is an instrumentality of the…