Railways Act 1905 · 2020 Revised Edition · Part 3 · Opening of Railway
26. Power to close railway when opened
Feedback & supportIf at any time after inspecting a railway or any rolling stock used thereon the engineer is of opinion that the use of the railway or of any specified rolling stock will be attended with danger to the public using it, he shall state that opinion, together with the grounds hereof, to the Minister.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
The Minister may thereupon order that the railway shall be closed for the public carriage of passengers, or that the use of the rolling stock so specified shall be discontinued, or that the railway or the rolling stock so specified shall be used for the public carriage of passengers on such conditions only as the Minister considers necessary for the safety of the public.
An order under subsection (2) must set forth the grounds on which it is founded.