Private Sidings
What is a private siding?
The Rail Safety Act 2008 defines a private siding as a siding that is managed, owned or controlled by a person other than the person who manages the rail infrastructure with which the siding connects or to which it has access, but does not include marshalling yards, crossing loops, passenger terminals or freight terminals.
A siding is defined as a portion of railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line.
A marshalling yard is a yard consisting of a system of tracks, crossings, points etc, used for the purpose of receiving and despatching trains, shunting and storing of wagons and marshalling wagons into trains.
A crossing loop is a running line, secondary to the main line, with entry and exit points connected to the main line, provided primarily for the crossing or passing of trains.
A freight terminal is a yard used for the purpose of placing wagons for loading and unloading and for the delivery and receipt of inter-modal freight, that is, containerised freight, not bulk freight such as coal or grain.
A passenger terminal is one or more tracks where passenger trains commence or terminate for passengers to board or alight and where servicing, provisioning and marshalling of passenger coaches into trains may occur.
Who is a rail infrastructure manager?
A rail infrastructure manager is the person who has effective management and control of the rail infrastructure of a railway, whether or not the person owns the rail infrastructure or has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it.
Does the rail infrastructure manager of a private siding need to be accredited under the Rail Safety Act 2008?
No. Section 60 of the Rail Safety Act 2008 exempts a rail infrastructure manager of a private siding from the requirement to be accredited in relation to railway operations carried out in the private siding.
The exemption from accreditation for rail infrastructure managers of private sidings provided by section 60 of the Rail Safety Act 2008 also applies during construction of a private siding. Where the person carrying out construction work in relation to the private siding is a person other than a rail infrastructure manager (for example a contractor to a rail infrastructure manager), that person will also be authorised to carry out those railway operations if they are carrying them out for or on behalf of a rail infrastructure manager who is exempted under section 60.
Does the exemption from accreditation for rail infrastructure managers of private sidings cover movement of rolling stock?
No. Rail infrastructure managers of private sidings who wish to carry out railway operations involving the operation of rolling stock will need to be accredited under the Rail Safety Act 2008 as rolling stock operators.
Which provisions of rail safety legislation does a rail infrastructure manager of a private siding have to comply with?
The rail infrastructure manager of a private siding must comply with section 8 of the Rail Safety Act 2008 which sets out the general rail safety duties of rail transport operators.
Section 60 of the Rail Safety Act 2008 specifies that if the rail infrastructure manager of a private siding wishes the private siding to be (or to continue to be) connected with, or have access to, a railway of an accredited person or a siding, then they must:
- register the private siding with ITSRR and pay the annual fee prescribed by the regulations
- comply with conditions imposed by ITSRR or prescribed by the regulations with respect to the safe construction, maintenance and operation of the private siding
- comply with the provisions of Division 3 of Part 2 of the Act (Interface coordination) in relation to the management of any interface with a railway of an accredited person
- notify the accredited person or operator of the siding in writing of any railway operations affecting or relating to the safety of the railway or other siding.
Clause 18 of the Rail Safety (General) Regulation 2008 imposes the following conditions with respect to the safe maintenance and operation of a private siding, the rail infrastructure must:
- have systems and procedures for compliance with section 8 of the Act
- keep and maintain a risk register that is appropriate having regard to the scope, nature and risks to safety of the operation of the private siding and to the operator’s duties under section 8 of the Act
- ensure that it has systems and procedures to ensure that the details in the risk register are current, so far as is reasonably practicable
- have a document that sets out how rail infrastructure within the private siding is to be maintained by the rail infrastructure owner
- provide an activity statement to the ITSRR, on or before 31 March in each year.
Rail infrastructure managers of proposed private sidings are encouraged to apply for registration before construction of the private siding commences.
What are the transitional arrangements for the registration of private sidings?
The Rail Safety Act 2008 includes a two-year transition period for the registration of private sidings.
Private sidings must be registered by 1 January 2011. Private sidings registered prior to 1 January 2011 will not be required to pay an annual fee for the period up to 1 January 2011. The annual fee for the period from 1 January 2011 until 31 March 2011 will be charged on a pro rata basis.
How do I register my private siding?
To register a private siding, the rail infrastructure manager will need to submit a completed application to ITSRR. An application form will be available on the ITSRR website in the near future.
To apply for registration, the rail infrastructure manager will need to provide information including details of the location of the private siding, the railway or siding to which the private siding connects, and the activities carried out on the private siding.
In accordance with section 51 of the Rail Safety Act 2008 the rail infrastructure manager of a private siding registered with ITSRR must ensure that a copy of that notice of registration received from ITSRR is available for inspection at:
- the operator’s principal office during ordinary business hours, if a body corporate; or
- the operator’s principal place of business, or some other agreed place and time, if not a body corporate.
What is the annual fee for a registered private siding?
The annual fee for a private siding is $150 which must be paid on or before 31 March each year.
What information must be provided in an activity statement?
An activity statement, which must be provided to ITSRR on or before 31 March each year, must contain:
- a declaration that the rail infrastructure manager is not required to be accredited under the Rail Safety Act 2008
- particulars of any notifiable occurrences that have occurred in the preceding 12 months in relation to the private siding
- particulars of maintenance carried out on the private siding in the preceding 12 months
- particulars of activities involving the operation of rolling stock carried out on the private siding in the preceding 12 months and
- particulars of any significant changes in the railway operations carried out on the private siding in the preceding 12 months.
What if I am unsure whether my siding should be registered?
Some sidings which were treated as private sidings under the Rail Safety Act 2002 may not be private sidings as defined in the Rail Safety Act 2008.
During the transition period the rail infrastructure managers of these sidings will be considered for exemption from accreditation, subject to conditions.
If you are unsure whether the change affects you, contact ITSRR by emailing contact@transportregulator.nsw.gov.au
Related documents
- Presentation – Private Sidings
- Fact Sheet on Rail Transport Operators (Effective Management and Control)