Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 66

Exemption from ongoing compliance with risk management requirements

66. Exemption from ongoing compliance with risk management requirements



(1) In this section-

accredited tourist and heritage railway operator means an accredited rail
operator declared under subsection (10) to be an accredited tourist and
heritage railway operator for the purposes of this section.



(2) An accredited tourist and heritage railway operator may apply to the
Safety Director for an exemption from the requirement to comply with section
65.

(3) An application under this section must be-

   (a)  in writing; and

   (b)  accompanied by-

   (i)  such other information as the Safety Director reasonably requires to
        enable the application to be considered; and

   (ii) the prescribed fee.

(4) On receipt of an application under this section, the Safety Director may
grant or refuse to grant an exemption.

(5) In deciding whether to grant an exemption, the Safety Director must have
regard to-

   (a)  the scale and complexity of the accredited rail operations carried out
        by the accredited tourist and heritage railway operator; and

   (b)  the extent of the railway track layout and other rail infrastructure
        used for the carrying out by the accredited tourist and heritage
        railway operator of accredited rail operations; and

   (c)  the risks to safety associated with the carrying out by the accredited
        tourist and heritage railway operator of accredited rail operations;
        and

   (d)  any other matters that the Safety Director considers relevant.





(6) An exemption granted under this section is subject to the terms,
conditions and limitations specified in the exemption that are-

   (a)  imposed by the Safety Director; or

   (b)  prescribed by the regulations.

(7) If the Safety Director refuses to grant an exemption, the Safety Director
must-

   (a)  notify the applicant-

   (i)  of that refusal; and

   (ii) that they have a right to seek review of the Safety Director's
        decision under Part 7; and

   (b)  give the applicant a statement of reasons for the refusal.

(8) A notification under subsection (7)(a) and a statement of reasons under
subsection (7)(b) must be-

   (a)  in writing; and

   (b)  given to the applicant as soon as practicable after the Safety
        Director makes his or her decision to refuse to grant the exemption.

(9) The Safety Director may issue guidelines as to how the Safety Director
will have regard to the criteria set out in subsection (5).

(10) The Minister, by notice published in the Government Gazette, may declare
an accredited rail operator to be an accredited tourist and heritage railway
operator if the Minister considers that the operator is carrying out
accredited rail operations for the purpose of operating a tourist and heritage
railway.