RAIL SAFETY NATIONAL LAW (NSW) - SECT 67
Determination of application
RAIL SAFETY NATIONAL LAW (NSW) - SECT 67
Determination of application
67 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 65
and (if applicable) section 66--notify the applicant that accreditation 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) Accreditation under this Law is subject to--
(a) any
conditions or restrictions prescribed by the national regulations for the
purposes of this section that are applicable to the accreditation; and
(b)
any other condition or restriction imposed on the accreditation by the
Regulator.
(3) Before imposing a condition or restriction on the
accreditation of an applicant, the Regulator must, if the imposition of the
intended condition or restriction is likely to result in significant costs or
expenses to the applicant or any other person--
(a) conduct or cause to be
conducted a cost-benefit analysis of the effect of imposing the intended
condition or restriction on the accreditation; and
(b) consult with the
Premier or Chief Minister, the Treasurer, and any other Minister, of a
participating jurisdiction whose area of responsibility is likely to be
affected by the imposition of the intended condition or restriction on the
accreditation.
(4) Notification under this section--
(a) must be in writing
and given to the applicant; and
(b) if accreditation 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 accreditation is granted; and
(iii) any
condition or restriction imposed by the Regulator under this section on the
grant of accreditation; and
(iv) any other prescribed information; and
(c)
if a condition or restriction has been imposed on the accreditation, must
include--
(i) the reasons for imposing the condition or restriction, including
(if applicable) the results of any cost-benefit analysis carried out under
this section; 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 the application has been extended, must include information about
the right of review under Part 7.
(5) 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,
