Rail Safety National Law National Regulations 2012

For the purposes of section 76 of the Law, the annual fee payable by an accredited person in respect of a financial year is to be calculated by adding the fixed component (F) to the relevant variable component (V) for each of the jurisdictions in which the accredited person carries out railway operations. For example, if the accredited person carries out railway operations in 4 jurisdictions in a financial year, the annual fee payable in respect of that year would be calculated as follows—

where—

A is the annual fee

F is the fixed component ($15 000) of the annual fee

Note—

If an accredited person is both a rail infrastructure manager and a rolling stock operator, the fixed component of the annual fee is payable only once in respect of each financial year.

V, in respect of a particular jurisdiction, is the variable component of the annual fee (see explanation and formula set out below as to how to calculate the variable component)

The variable component (V), in respect of each jurisdiction in which the accredited person carries out railway operations, is the product of the relevant rates as set out in the table below and either (or both) of the following as relevant—

in the case of an accredited person who is a rail infrastructure manager—the number of kilometres of track over which the manager has effective management and control within the jurisdiction;

in the case of an accredited person who is a rolling stock operator—the number of kilometres travelled within the jurisdiction by trains over which the operator has effective management and control,

and is to be calculated as follows—

where—

V, in respect of a particular jurisdiction, is the variable component of the annual fee

T is the kilometres of track managed by a rail infrastructure manager

R_T is equal to the rate per kilometre of track managed by a rail infrastructure manager

t is the kilometres travelled by trains of a rolling stock operator

R_t is equal to the rate per kilometre travelled by trains of a rolling stock operator

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Rate per kilometre of track managed by a rail infrastructure manager ($/km) (R_T)

392.57

392.57

96.19

166.79

150.11

154.20

326.53

109.01

Rate per kilometre travelled by trains of a rolling stock operator ($/km) (R_t)

0.148

0.148

0.286

0.098

0.131

0.413

0.075

0.065

The Regulator may determine that an accredited person must pay, in addition to the fee calculated under subclause (1) in respect of a particular financial year, an additional fee (a project component fee) in respect of that year, being 1 or more of the following fees—

$246 173;

$174 061;

$115 626.

For the purposes of subclause (1a), in determining whether a project component fee is payable in respect of a particular financial year by an accredited person in relation to the person’s railway operations (and, if so, which fee or fees), the Regulator must take into account the following factors—

whether the railway operations, or any part of the railway operations, involve the introduction of new rolling stock or rail infrastructure not previously used in Australia;

whether the railway operations, or any part of the railway operations, involve the introduction of safety critical systems or other rail technology not previously used in Australia;

the complexity of any contract delivery or system integration in relation to the railway operations, or any part of the railway operations;

the extent of any change required to the safety management system or network rules in respect of the railway operations, or any part of the railway operations;

the extent of any new safety risks identified in relation to the railway operations, or any part of the railway operations,

and the anticipated impact that those factors will have on the regulatory oversight that may be required by the Regulator in respect of the railway operations, or any part of the railway operations.

After considering the factors referred to in subclause (1b), the Regulator—

must notify the accredited person in writing—

that, in addition to the annual fee referred to in subclause (1), the Regulator is considering charging the person the project component fee or fees specified in the notice; and

that the person may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the fee or fees should not be charged; and

must consider any representations made under paragraph (a)(ii) and not withdrawn.

For the purposes of section 76(4)(e) of the Law, a decision of the Regulator to charge a project component fee or fees is a reviewable decision to which Part 7 of the Law applies.

If the Regulator proceeds with a decision to charge an accredited person a particular project component fee or fees, the Regulator must notify the person of that fact and include in the notice—

the reasons why the Regulator is charging the fee or fees; and

the total of the fees being charged; and

the date on or before which the fee is or fees are to be paid; and

information about the right of review under Part 7 of the Law.

Pursuant to section 95(1) of the Law, the annual fee payable by a registered person is $500 (regardless of the number of private sidings in respect of which the person is registered and the participating jurisdiction or participating jurisdictions in which the private sidings are located).

For the purposes of section 76(2) and 95(2) of the Law, the prescribed date for the payment of annual fees is 31 October in each year.

For the purposes of section 76(4)(d) and 95(4)(d) of the Law, an additional fee of an amount equivalent to 15% of the annual fee is payable if the annual fee is not paid on or before the prescribed date.