Rail Safety (General) Regulations 2008 (SA)

South Australia

Rail Safety (General) Regulations 2008

under the Rail Safety Act 2007

These regulations may be cited as the Rail Safety (General) Regulations 2008.

These regulations will come into operation on the day on which the Rail Safety Act 2007 comes into operation.

In these regulations—

Act means the Rail Safety Act 2007;

emergency services means each of the following:

1. (a)

   South Australian Police;

2. (b)

   South Australian Country Fire Service;

3. (c)

   South Australian Metropolitan Fire Service;

4. (d)

   SA Ambulance Service Inc.

The Occupational Health and Safety Act 1991 is a law of the Commonwealth for the purposes of the definition of occupational health and safety legislation in section 4 of the Act.

For the purposes of paragraph (e) of the definition of private siding in section 4 of the Act, the following are not private sidings:

1. (a)

   a siding under the control and management of an accredited rail infrastructure manager;

2. (b)

   a balloon loop used for the purpose of loading or unloading trains.

For the purposes of section 6(f) of the Act, the Act does not apply to the following:

1. (a)

   a railway used solely for the purposes of horse‑drawn trams;

2. (b)

   a railway used solely for the purposes of static displays.

For the purposes of section 34(2)(d) of the Act, an application for accreditation must contain—

1. (a)

   the following identification details of the applicant:

   1. (i)

      the applicant’s name;

   2. (ii)

      the applicant’s registered business name, and trading name if that is different to the registered business name;

   3. (iii)

      the applicant’s ACN or ABN, if applicable;

   4. (iv)

      the applicant’s residential address or, in the case of a body corporate, registered business address; and

2. (b)

   the name and contact details of the person or persons appointed by the applicant—

   1. (i)

      to deal with any queries that the Regulator may have in relation to the application; and

   2. (ii)

      to be responsible for accreditation and to deal with any queries that the Regulator may have in relation to accreditation; and

   3. (iii)

      to be responsible for the implementation and ongoing operation and management of the safety management system and to deal with any queries that the Regulator may have in relation to the safety management system; and

3. (c)

   if the applicant is accredited under a corresponding law, a copy of the notice of accreditation; and

4. (d)

   in addition to the requirements of section 34(2)(c) of the Act, if the applicant is also seeking accreditation under a corresponding law, details of where, and in respect of what, the application for that accreditation was made; and

5. (e)

   in the case of a rail infrastructure manager who does not own the rail infrastructure, documentary evidence that the manager has, or will have, management and control of the rail infrastructure; and

6. (f)

   a description of the operational…