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Penalty for damage, wilful or negligent

Railways Act 1905

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—(1) Any person who —(a)wilfully or negligently damages or injures any carriage, engine, wagon, truck, station, warehouse, bridge, tunnel, culvert, building, machine, rail, points, or any other matter or thing belonging to the railway;(b)removes sand or stone or earth or any other matter or thing from banks, bridges, culverts, retaining walls or permanent way of the railway; or(c)fells timber in a manner likely to endanger the safety of passing trains, or of any person in or upon such trains, or to cause damage to the permanent way,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200 or to imprisonment for a term not exceeding one year.(2) Any person who ties up the wires of wire fencing, breaks down or destroys any fencing or hedges, or does or causes to be done any act that damages, or is likely to damage, any fence or hedge appertaining to the railway, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.(3) Any person who wilfully diverts any stream or drain, or by any means causes water to flow on to the railway, or causes damage to the railway in any way by water, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.(4) Any person who having any contract for the supply of bricks, ballast, timber, fuel, or any other material to the railway, or being employed in connection with the supply to the railway of such material, negligently places or stacks the material in an unsafe or careless manner, or at less than the prescribed distance from the rails so that the safety of passing trains, or of any person in or upon such trains is endangered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

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