Section 81

The Minister may declare by notification in the Gazette any road or path which a railway crosses to be an “occupation crossing”.

The gates of such occupation crossings shall not close across the railway, and shall be kept locked by means of padlocks, the keys of which shall be kept by railway officials.

A duplicate of the key of the padlock of the gates of any occupation crossing may be entrusted by the railway administration to any person having frequent occasion to use such occupation crossing to be retained during the pleasure of the railway administration and used by him at his discretion subject to a penalty of $1,000 for misuse.

Any other person desiring to use an occupation crossing shall give notice of his intention to do so to the railway official with whom the key of the padlock is deposited.

The railway administration shall define from time to time the hours suitable for such openings, and the gates shall only be opened by such railway official at the times so defined.

Cattle passing over the occupation crossing shall not be driven but led by a suitable and properly secured halter.

Any person other than a person entrusted with a key under subsection (3) who uses or attempts to use an occupation crossing without such notice, or at hours other than those defined, and any person who causes cattle to cross without such halter, and the owner of any cattle so crossing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 or to imprisonment for a term not exceeding 3 months.

Occupation crossings may, with the approval of the Minister, be sanctioned and opened upon any existing line at the discretion of, and upon conditions imposed by the manager, the first cost of construction and an annual rent for maintenance being payable by the person for whom such crossing is constructed.

The manager, with the approval of the Minister, may at any time close any occupation crossing; or, in the event of the neglect of the owner or occupier to comply with the conditions imposed, may, with the like approval, appoint and maintain at such crossing an officer of the railway at the expense of the owner or occupier, and such expense shall be payable in addition to any other sums recoverable under this Act.