Rail Safety National Law Rail Safety National Law National Regulations (Fees) Variation Regulations 2013 (NSW)

2013 No 362

South Australia

Rail Safety National Law National Regulations (Fees)

Variation Regulations 2013

under the Rail Safety National Law (South Australia) Act 2012

Contents

Part 1—Preliminary

1             Short title

2             Commencement

3             Variation provisions

Part 2—Variation of Rail Safety National Law National Regulations 2012

4             Variation of Schedule 3—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Rail Safety National Law National Regulations

(Fees) Variation Regulations 2013.

2—Commencement

These regulations will come into operation on 1 July 2013.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified

regulations varies the regulations so specified.

Part 2—Variation of Rail Safety National Law National

Regulations 2012

4—Variation of Schedule 3—Fees

(1) Schedule 3—before its present contents insert:

Part 1—Application fees

Published LW 28 June 2013

(2) Schedule 3—after its present contents (as varied by subregulation (1)) insert:

Part 2—Annual fees

1—Annual fees

(1)	Pursuant to section 76(1) 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:
A = + F V + V + V + V

jurisdiction 1 jurisdiction 2 jurisdiction 3 jurisdiction 4

where—

A is the annual fee

Fis 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:

(a) 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;

(b) 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:

V = × + × ( ) ( ) T R t R

jurisdiction T t

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

RT 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 stock operator

ACT NSW NT SA TAS VIC

Rate per kilometre of

track managed by a rail

90.19 90.19 28.99 100.33 54.52 31.71

infrastructure manager

($/km) (RT)

Rate per kilometre

travelled by trains of a

0.033 0.033 0.069 0.061 0.106 0.011

rolling stock operator

($/km) (Rt)

(2)	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).
(3)	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.
(4)	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.

Made by the Governor

on the unanimous recommendation of the responsible Ministers and with the advice and

consent of the Executive Council

on 27 June 2013

No of 2013

MTR13/016SC