sec.64Application for accreditation

sec.64 Application for accreditation

A rail transport operator may apply to the Regulator for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of that operator. An application must be made in the manner and form approved by the Regulator and— must specify the scope and nature of the railway operations in respect of which accreditation is sought; and must include a description of the safety management system (including a description of the measures to be taken to manage identified risks) relating to those railway operations; and must contain the prescribed information; and must be accompanied by the application fee prescribed by the national regulations. The Regulator may require a rail transport operator who has applied for accreditation— to supply further information requested by the Regulator; and to verify by statutory declaration any information supplied to the Regulator. If the Regulator, on receiving an application for accreditation, is of the opinion that the scope and nature of the railway operations in respect of which accreditation is sought is such that the scale and complexity of the regulatory oversight that will be required by the Regulator in respect of the operations will be significant, the Regulator— must notify the rail transport operator in writing— that, in addition to the application fee referred to in subsection (2) (d) , the Regulator is considering charging the operator the application (complex operations) fee prescribed by the national regulations; and that the operator may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the application (complex operations) fee should not be charged; and must consider any representations made under paragraph (a) (ii) and not withdrawn. If the Regulator proceeds with a decision to charge a rail transport operator the application (complex operations) fee, the Regulator must notify the operator of that fact and include in the notice— the reasons why the Regulator is charging the fee; and the date on or before which the fee is to be paid; and information about the right of review under Part 7 . s 64 amd 2017 No. 14 (SA) s 5 (sec.64-ssec.1) A rail transport operator may apply to the Regulator for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of that operator. (sec.64-ssec.2) An application must be made in the manner and form approved by the Regulator and— must specify the scope and nature of the railway operations in respect of which accreditation is sought; and must include a description of the safety management system (including a description of the measures to be taken to manage identified risks) relating to those railway operations; and must contain the prescribed information; and must be accompanied by the application fee prescribed by the national regulations. (sec.64-ssec.3) The Regulator may require a rail transport operator who has applied for accreditation— to supply further information requested by the Regulator; and to verify by statutory declaration any information supplied to the Regulator. (sec.64-ssec.4) If the Regulator, on receiving an application for accreditation, is of the opinion that the scope and nature of the railway operations in respect of which accreditation is sought is such that the scale and complexity of the regulatory oversight that will be required by the Regulator in respect of the operations will be significant, the Regulator— must notify the rail transport operator in writing— that, in addition to the application fee referred to in subsection (2) (d) , the Regulator is considering charging the operator the application (complex operations) fee prescribed by the national regulations; and that the operator may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the application (complex operations) fee should not be charged; and must consider any representations made under paragraph (a) (ii) and not withdrawn. (sec.64-ssec.5) If the Regulator proceeds with a decision to charge a rail transport operator the application (complex operations) fee, the Regulator must notify the operator of that fact and include in the notice— the reasons why the Regulator is charging the fee; and the date on or before which the fee is to be paid; and information about the right of review under Part 7 . s 64 amd 2017 No. 14 (SA) s 5