Rail Commissioner Act 2009 (SA)

South Australia Rail Commissioner Act 2009 An Act to establish the Rail Commissioner; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Rail Commissioner Division 1—Establishment of Rail Commissioner 4 Establishment of Rail Commissioner 5 Appointment etc of Rail Commissioner 6 Ministerial direction Division 2—Functions 7 Functions Division 3—Special powers 8 Power to enter, inspect etc railway premises etc 9 Power to acquire land etc 10 Power to carry out works 11 Power to close or limit use of railways Division 4—Miscellaneous 12 Staff 13 Delegation 14 Conflict of interest 15 Common seal and execution of documents 15A Annual report Part 3—Miscellaneous 16 Precedence over roads 16A Standing approvals etc 17 Inconsistency of by-laws 18 Regulations Schedule 1—Transitional provisions Part 4—Transitional provision 6 References 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.