RAIL SAFETY NATIONAL LAW (NSW) - SECT 209
Determination of application for variation
RAIL SAFETY NATIONAL LAW (NSW) - SECT 209
Determination of application for variation
209 Determination of application for variation
(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
(so far as they are applicable to the proposed variation)--notify the
applicant that the exemption has been varied, 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) Notification under this
section--
(a) must be in writing and given to the applicant; and
(b) if the
exemption has been varied, must specify--
(i) the prescribed details of the
applicant; and
(ii) the variation to the exemption so far as it applies to
the scope and nature of the railway operations, or the manner in which they
are to be carried out; and
(iii) any conditions and restrictions imposed by
the Regulator on the exemption as varied; and
(iv) any other prescribed
information; and
(c) if a condition or restriction has been imposed on the
exemption as varied, 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.
(3) 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,