sec.215Reviewable decisions

sec.215 Reviewable decisions

The following table sets out— decisions made under this Law that are reviewable in accordance with this Part ( reviewable decisions ); and who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision). Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision A1 Section 64 (decision of the Regulator to charge additional application (complex operations) fee) A rail transport operator who is required to pay the additional application (complex operations) fee 1 Section 67 (refusal to accredit or imposing conditions or restrictions on accreditation) A rail transport operator whose application for accreditation is refused or is subject to conditions or restrictions 2 Section 67 (extending the period for determining an application) A rail transport operator who has applied for accreditation 3 Section 69 (refusal to grant variation of accreditation or imposing a condition or restriction) A rail transport operator whose application for variation of accreditation is refused 4 Section 69 (grant of variation of accreditation subject to conditions or restrictions) A rail transport operator whose accreditation is varied subject to a condition or restriction 5 Section 69 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of accreditation 6 Section 71 (refusal to grant variation of a condition or restriction of accreditation) A rail transport operator whose application for variation of a condition or restriction is refused 7 Section 72 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail transport operator whose conditions or restrictions of accreditation are changed 8 Section 73 (cancellation or suspension of accreditation) A rail transport operator whose accreditation is cancelled or suspended 9 Section 74 (immediate suspension) A rail transport operator whose accreditation is suspended 10 Section 74 (extension of immediate suspension) A rail transport operator whose accreditation is suspended 11 Section 75 (surrender of accreditation) An accredited person whose application for surrender of accreditation has been refused 11A Section 76 (if the national regulations so provide-decision of the Regulator to charge a particular fee according to a factor determined by the Regulator) An accredited person who is required to pay a particular fee 12 Section 86 (refusal to register or imposing conditions or restrictions on registration) A rail infrastructure manager whose application for registration is refused or is subject to conditions or restrictions 13 Section 86 (extending the period for determining an application) A rail infrastructure manager who has applied for registration 14 Section 88 (refusal to grant variation of registration or imposing a condition or restriction) A rail infrastructure manager whose application for variation of registration is refused 15 Section 88 (grant of variation of registration subject to conditions or restrictions) A rail infrastructure manager whose registration is varied subject to a condition or restriction 16 Section 88 (extending the period for determining an application for variation) A rail infrastructure manager who has applied for variation of registration 17 Section 90 (refusal to grant variation of a condition or restriction of registration) A rail infrastructure manager whose application for variation of a condition or restriction is refused 18 Section 91 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail infrastructure manager whose conditions or restrictions of registration are changed 19 Section 92 (cancellation or suspension of registration) A rail infrastructure manager whose registration is cancelled or suspended 20 Section 93 (immediate suspension) A rail infrastructure manager whose registration is suspended 21 Section 93 (extension of immediate suspension) A rail infrastructure manager whose registration is suspended 22 Section 94 (surrender of registration) A registered person whose application for surrender of registration has been refused 23 Section 104 (direction to amend safety management system) A rail transport operator given a direction to amend a safety management system 24 Section 162 (forfeiture of seized thing) A person who is entitled to the thing 25 Section 175 (decision to serve an improvement notice) A person on whom an improvement notice is served A rail transport operator whose interests are affected by the decision 26 Section 178 (extension of time for compliance with improvement notice) A person on whom an improvement notice is served A rail transport operator whose interests are affected by the decision 27 Section 179 (decision to serve a prohibition notice) A person on whom a prohibition notice is served A rail transport operator whose interests are affected by the decision 28 Section 182 (decision to serve a non-disturbance notice) A person on whom a non‐disturbance notice is served A rail transport operator whose interests are affected by the decision 29 Section 185 (decision to issue subsequent non-disturbance notice) A person on whom a subsequent non‐disturbance notice is served A rail transport operator whose interests are affected by the decision 30 Section 198 (direction to take specified action following report) A rail transport operator given a direction to take specified action 31 Section 199 (decision to serve notice giving a direction) A person given a direction to stop, alter or not to commence works on or near a railway A rail transport operator given a direction to stop, alter or not to commence railway operations A person given a direction to alter, demolish or take away work 32 Section 205 (refusal to exempt or imposing conditions or restrictions on exemption) A rail transport operator whose application for exemption is refused or is subject to conditions or restrictions 33 Section 205 (extending the period for determining an application) A rail transport operator who has applied for an exemption 34 Section 209 (refusal to grant variation of exemption or imposing a condition or restriction) A rail transport operator whose application for variation of an exemption is refused 35 Section 209 (grant of variation of exemption subject to conditions or restrictions) A rail transport operator whose exemption is varied subject to a condition or restriction 36 Section 209 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of an exemption 37 Section 211 (refusal to grant variation of a condition or restriction of exemption) A rail transport operator whose application for variation of a condition or restriction is refused 38 Section 212 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail transport operator whose conditions or restrictions of an exemption are changed 39 Section 213 (cancellation or suspension of exemption) A rail transport operator whose exemption is cancelled or suspended 40 Section 213A (surrender of exemption) A rail transport operator whose notice of surrender of exemption has been refused Unless the contrary intention appears, a reference in this Part to a decision includes a reference to— include information about the right to a review under Part 7 of the decision to serve the notice; or state that the notice is served under this section; or making, suspending, cancelling or refusing to make a determination or decision; or giving, suspending, cancelling or refusing to give a direction, approval, consent or permission; or issuing, suspending, cancelling or refusing to issue an accreditation or a registration, or to grant an exemption; or imposing a condition; or making a declaration, demand or requirement; or retaining, or refusing to deliver up, an article; or doing or refusing to do any other act or thing. In this section— person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing. s 215 amd 2015 No. 5 (SA) s 23 ; 2017 No. 14 (SA) s 10 (sec.215-ssec.1) The following table sets out— decisions made under this Law that are reviewable in accordance with this Part ( reviewable decisions ); and who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision). Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision A1 Section 64 (decision of the Regulator to charge additional application (complex operations) fee) A rail transport operator who is required to pay the additional application (complex operations) fee 1 Section 67 (refusal to accredit or imposing conditions or restrictions on accreditation) A rail transport operator whose application for accreditation is refused or is subject to conditions or restrictions 2 Section 67 (extending the period for determining an application) A rail transport operator who has applied for accreditation 3 Section 69 (refusal to grant variation of accreditation or imposing a condition or restriction) A rail transport operator whose application for variation of accreditation is refused 4 Section 69 (grant of variation of accreditation subject to conditions or restrictions) A rail transport operator whose accreditation is varied subject to a condition or restriction 5 Section 69 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of accreditation 6 Section 71 (refusal to grant variation of a condition or restriction of accreditation) A rail transport operator whose application for variation of a condition or restriction is refused 7 Section 72 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail transport operator whose conditions or restrictions of accreditation are changed 8 Section 73 (cancellation or suspension of accreditation) A rail transport operator whose accreditation is cancelled or suspended 9 Section 74 (immediate suspension) A rail transport operator whose accreditation is suspended 10 Section 74 (extension of immediate suspension) A rail transport operator whose accreditation is suspended 11 Section 75 (surrender of accreditation) An accredited person whose application for surrender of accreditation has been refused 11A Section 76 (if the national regulations so provide-decision of the Regulator to charge a particular fee according to a factor determined by the Regulator) An accredited person who is required to pay a particular fee 12 Section 86 (refusal to register or imposing conditions or restrictions on registration) A rail infrastructure manager whose application for registration is refused or is subject to conditions or restrictions 13 Section 86 (extending the period for determining an application) A rail infrastructure manager who has applied for registration 14 Section 88 (refusal to grant variation of registration or imposing a condition or restriction) A rail infrastructure manager whose application for variation of registration is refused 15 Section 88 (grant of variation of registration subject to conditions or restrictions) A rail infrastructure manager whose registration is varied subject to a condition or restriction 16 Section 88 (extending the period for determining an application for variation) A rail infrastructure manager who has applied for variation of registration 17 Section 90 (refusal to grant variation of a condition or restriction of registration) A rail infrastructure manager whose application for variation of a condition or restriction is refused 18 Section 91 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail infrastructure manager whose conditions or restrictions of registration are changed 19 Section 92 (cancellation or suspension of registration) A rail infrastructure manager whose registration is cancelled or suspended 20 Section 93 (immediate suspension) A rail infrastructure manager whose registration is suspended 21 Section 93 (extension of immediate suspension) A rail infrastructure manager whose registration is suspended 22 Section 94 (surrender of registration) A registered person whose application for surrender of registration has been refused 23 Section 104 (direction to amend safety management system) A rail transport operator given a direction to amend a safety management system 24 Section 162 (forfeiture of seized thing) A person who is entitled to the thing 25 Section 175 (decision to serve an improvement notice) A person on whom an improvement notice is served A rail transport operator whose interests are affected by the decision 26 Section 178 (extension of time for compliance with improvement notice) A person on whom an improvement notice is served A rail transport operator whose interests are affected by the decision 27 Section 179 (decision to serve a prohibition notice) A person on whom a prohibition notice is served A rail transport operator whose interests are affected by the decision 28 Section 182 (decision to serve a non-disturbance notice) A person on whom a non‐disturbance notice is served A rail transport operator whose interests are affected by the decision 29 Section 185 (decision to issue subsequent non-disturbance notice) A person on whom a subsequent non‐disturbance notice is served A rail transport operator whose interests are affected by the decision 30 Section 198 (direction to take specified action following report) A rail transport operator given a direction to take specified action 31 Section 199 (decision to serve notice giving a direction) A person given a direction to stop, alter or not to commence works on or near a railway A rail transport operator given a direction to stop, alter or not to commence railway operations A person given a direction to alter, demolish or take away work 32 Section 205 (refusal to exempt or imposing conditions or restrictions on exemption) A rail transport operator whose application for exemption is refused or is subject to conditions or restrictions 33 Section 205 (extending the period for determining an application) A rail transport operator who has applied for an exemption 34 Section 209 (refusal to grant variation of exemption or imposing a condition or restriction) A rail transport operator whose application for variation of an exemption is refused 35 Section 209 (grant of variation of exemption subject to conditions or restrictions) A rail transport operator whose exemption is varied subject to a condition or restriction 36 Section 209 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of an exemption 37 Section 211 (refusal to grant variation of a condition or restriction of exemption) A rail transport operator whose application for variation of a condition or restriction is refused 38 Section 212 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction) A rail transport operator whose conditions or restrictions of an exemption are changed 39 Section 213 (cancellation or suspension of exemption) A rail transport operator whose exemption is cancelled or suspended 40 Section 213A (surrender of exemption) A rail transport operator whose notice of surrender of exemption has been refused (sec.215-ssec.2) Unless the contrary intention appears, a reference in this Part to a decision includes a reference to— include information about the right to a review under Part 7 of the decision to serve the notice; or state that the notice is served under this section; or making, suspending, cancelling or refusing to make a determination or decision; or giving, suspending, cancelling or refusing to give a direction, approval, consent or permission; or issuing, suspending, cancelling or refusing to issue an accreditation or a registration, or to grant an exemption; or imposing a condition; or making a declaration, demand or requirement; or retaining, or refusing to deliver up, an article; or doing or refusing to do any other act or thing. (sec.215-ssec.3) In this section— person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing. s 215 amd 2015 No. 5 (SA) s 23 ; 2017 No. 14 (SA) s 10