Rail Safety (Fees) Notice 2011

Rail Safety (Fees) Notice 2011

I make the following notice under section 25(1) of the Rail Safety Act 2009 .

D. J. O'BYRNE

Minister for Infrastructure

1.   Short title

This notice may be cited as the Rail Safety (Fees) Notice 2011 .

2.   Commencement

This notice takes effect on 1 July 2011.

3.   Interpretation

In this notice –

Act means the Rail Safety Act 2009 ;

not-for-profit organisation means a person carrying out railway operations –

(a) otherwise than for the principal purpose of making a profit; and

(b) for the purposes of displaying Tasmanian heritage.

4.   Application fee

For the purposes of section 25(1)(a) of the Act, the fee for an application under section 18 of the Act is $1000.

5.   Annual registration fee for private siding

For the purposes of section 25(1)(b) of the Act, the annual registration fee for a private siding under section 16 of the Act is $50.

6.   Annual accreditation fee

(1)  For the purposes of section 25(1)(c) of the Act, the annual accreditation fee under section 26 of the Act is –

(a) $150 if the accredited person is a not-for-profit organisation; or

(b) in any other case –

(i) $3 300; or

(ii) if an amount is calculable in accordance with subclause (2) and that amount is greater than $3 300, that amount.

(2)  For the purposes of subclause (1)(b)(ii) , the annual accreditation fee is to be calculated by adding the total amounts from the following calculations:

(a) $23.36 for each kilometre of railway track for which the rail transport operator is accredited as a rail infrastructure manager for that financial year;

(b) $0.0355 for each kilometre that it is estimated will be travelled by a passenger train under the rail transport operator's accreditation as a rolling stock operator for the relevant financial year;

(c) $0.071 for each kilometre that it is estimated will be travelled by a specified train under the rail transport operator's accreditation as a rolling stock operator for that financial year.

(3)  For the purposes of subclause (2)(a) , the distance of railway track is  –

(a) to be calculated using the information provided to the Rail Safety Regulator by the rail transport operator in accordance with regulation 22(2) of the Rail Safety Regulations 2010 for the relevant financial year; or

(b) if the rail transport operator has not provided the Rail Safety Regulator with the information required under regulation 22(2) of the Rail Safety Regulations 2010 , the distance of railway track for which the rail transport operator was accredited as a rail infrastructure manager for the previous financial year.

(4)  For the purposes of subclause (2)(b) and (c) , the estimate of distance travelled by a train is –

(a) to be calculated using the information provided to the Rail Safety Regulator by the rail transport operator in accordance with regulation 22(2) of the Rail Safety Regulations 2010 for the relevant financial year; or

(b) if the rail transport operator has not provided the Rail Safety Regulator with the information required under regulation 22(2) of the Rail Safety Regulations 2010 , the distance travelled by a passenger train or specified train under the rail transport operator's accreditation as a rolling stock operator in the previous financial year.

(5)  If, at the end of a financial year, the Rail Safety Regulator becomes aware that the estimated distance of railway track under subclause (3) is less than the actual distance of railway track for that financial year, the Rail Safety Regulator may, by written notice, require the accredited operator to pay an amount equal to the difference between –

(a) the amount of annual accreditation fee paid for the previous financial year based on the estimated distance of railway track under subclause (3) ; and

(b) the amount of annual accreditation fee calculated using the actual distance of railway track for that financial year.

(6)  If, at the end of a financial year, the Rail Safety Regulator becomes aware that the estimated distance travelled by a train used in calculations under subclause (4) is less than the actual distance travelled by a train for that financial year, the Rail Safety Regulator may, by written notice, require the accredited operator to pay an amount equal to the difference between –

(a) the amount of annual accreditation fee paid for the previous financial year based on the estimated distance travelled by a passenger train or specified train under subclause (4) ; and

(b) the amount of annual accreditation fee calculated using the actual kilometres travelled by a passenger train or specified train for that financial year.

(7)  If –

(a) a person, other than a not-for-profit organisation, becomes accredited during a financial year; and

(b) an amount is not calculable in accordance with subclause (2)  –

the Rail Safety Regulator may, at the end of the financial year, by notice in writing, require the accredited operator to pay an amount equal to the difference between –

(c) $3 300; and

(d) the amount of annual accreditation fee calculated by adding the total amounts from the following calculations:

(i) $23.36 for each kilometre of railway track for which the rail transport operator was accredited as a rail infrastructure manager for that financial year;

(ii) $0.0355 for each kilometre that was travelled by a passenger train under the rail transport operator's accreditation as a rolling stock operator for that financial year;

(iii) $0.071 for each kilometre that was travelled by a specified train under the rail transport operator's accreditation as a rolling stock operator for that financial year.

(8)  For the purposes of this clause –

specified train means a train that is not –

(a) a passenger train; or

(b) a light inspection vehicle; or

(c) a self-propelled infrastructure maintenance vehicle.

7.   Fee for variation of accreditation

For the purposes of section 25(1)(d) of the Act, the relevant application fee for the purposes of section 33 of the Act is $1000.

8.   Late fee

For the purposes or section 25(1)(e) of the Act, the fee for the late payment of the fee determined under clause 6(1) , 6(5) or 6(6) is, for each month, or part of a month, by which the fee determined is paid late, 5% of the amount of the relevant fee.

9.   Legislation revoked

The legislation specified in Schedule 1 is revoked.

SCHEDULE 1 - Legislation revoked

Clause 9

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 2011

This notice is administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the notice)

(a) prescribes various fees payable under the Rail Safety Act 2009 ; and

(b) replaces the Rail Safety (Fees) Notice 2010 .