RAIL SAFETY NATIONAL LAW (NSW) - SECT 69
Determination of application for variation
RAIL SAFETY NATIONAL LAW (NSW) - SECT 69
Determination of application for variation
69 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 sections 65
and 66 (so far as they are applicable to the proposed variation)--notify the
applicant that the accreditation 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
accreditation has been varied, must specify--
(i) the prescribed details of
the applicant; and
(ii) the variation to the accreditation 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 accreditation as varied; and
(iv) any other
prescribed information; and
(c) if a condition or restriction has been
imposed on the accreditation 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 to vary an accreditation
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,