RAIL SAFETY NATIONAL LAW (NSW) - SECT 207
Determination of application
RAIL SAFETY NATIONAL LAW (NSW) - SECT 207
Determination of application
207 Determination of application
(1) Subject to this section, the Regulator must, within the relevant period--
(a) if the Regulator is satisfied as to the matters referred to in
section 206--notify the applicant that an exemption from a designated
provision of this Law has been granted, with or without conditions or
restrictions; or
(b) if the Regulator is not so satisfied--notify the
applicant that the application has been refused.
(2) An exemption under this
Division is subject to--
(a) any conditions or restrictions prescribed by the
national regulations for the purposes of this section that are applicable to
the exemption; and
(b) any other condition or restriction imposed on the
exemption by the Regulator.
(3) Notification under this section--
(a) must be
in writing and given to the applicant; and
(b) if the exemption has been
granted, must specify--
(i) the prescribed details of the applicant; and
(ii)
the scope and nature of the railway operations, and the manner in which they
are to be carried out, in respect of which the exemption is granted; and
(iii) any condition or restriction imposed by the Regulator under this section
on the exemption; and
(iv) any other prescribed information; and
(c) if a
condition or restriction has been imposed on the exemption, must include--
(i)
the reasons for imposing the condition or restriction; and
(ii) information
about the right of review under Part 7; and
(d) if the application has been
refused must include--
(i) the reasons for the decision to refuse to grant the
application; and
(ii) information about the right of review under Part 7; and
(e) if the relevant period in relation to an application has been extended,
must include information about the right of review under Part 7.
(4) In this
section--
"relevant period" , in relation to an application, means--
(a) 6 months after
the application was received by the Regulator; or
(b) if the Regulator
requested further information, 6 months, or such other period, as is agreed
between the Regulator and the applicant, after the Regulator receives the last
information so requested; or
(c) if the Regulator, by written notice given to
the applicant before the expiry of the relevant 6 months, specifies another
period, that period,
