RAIL SAFETY NATIONAL LAW (NSW) - SECT 64
Application for accreditation
RAIL SAFETY NATIONAL LAW (NSW) - SECT 64
Application for accreditation
64 Application for accreditation
(1) A rail transport operator may apply to the Regulator for accreditation in
respect of specified railway operations carried out, or proposed to be carried
out, by or on behalf of that operator.
(2) An application must be made in the
manner and form approved by the Regulator and--
(a) must specify the scope and
nature of the railway operations in respect of which accreditation is sought;
and
(b) must include a description of the safety management system (including
a description of the measures to be taken to manage identified risks) relating
to those railway operations; and
(c) must contain the prescribed information;
and
(d) must be accompanied by the application fee prescribed by the national
regulations.
(3) The Regulator may require a rail transport operator who has
applied for accreditation--
(a) to supply further information requested by the
Regulator; and
(b) to verify by statutory declaration any information
supplied to the Regulator.
(4) If the Regulator, on receiving an application
for accreditation, is of the opinion that the scope and nature of the railway
operations in respect of which accreditation is sought is such that the scale
and complexity of the regulatory oversight that will be required by the
Regulator in respect of the operations will be significant, the Regulator--
(a) must notify the rail transport operator in writing--
(i) that, in addition
to the application fee referred to in subsection (2)(d), the Regulator is
considering charging the operator the application (complex operations) fee
prescribed by the national regulations; and
(ii) that the operator may,
within 7 days or such longer period as is specified in the notice, make
written representations to the Regulator showing cause why the application
(complex operations) fee should not be charged; and
(b) must consider any
representations made under paragraph (a)(ii) and not withdrawn.
(5) If the
Regulator proceeds with a decision to charge a rail transport operator the
application (complex operations) fee, the Regulator must notify the operator
of that fact and include in the notice--
(a) the reasons why the Regulator is
charging the fee; and
(b) the date on or before which the fee is to be paid;
and
(c) information about the right of review under Part 7.
