Div 1AExemptions granted by Regulator in event of emergency

Division 1A—Exemptions granted by Regulator in event of emergency 203A—Exemptions granted by Regulator in event of emergency (1) The Regulator may, in the event of an emergency, by notice in the South Australian Government Gazette, exempt rail transport operators or rail transport operators of a class, from the operation of section 114 in respect of the railway operations, or specified railway operations, of the operator. (2) The Regulator may grant an exemption under subsection (1)— (a) on conditions specified in the notice; and (b) for a period (not exceeding 3 months) specified in the notice. (3) The Regulator may, at any time, by further notice in the South Australian Government Gazette— (a) vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or (b) cancel an exemption; or (c) vary or cancel a condition of an exemption. (4) A rail transport operator who, without reasonable excuse, contravenes a condition of an exemption that applies to the operator is guilty of an offence. (5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse. (6) The Regulator must publish a copy of a notice under this section on the ONRSR's website. (7) In this section— emergency means an event or circumstance that is declared to be an emergency or disaster by— (a) the Commonwealth or a State or Territory; or (b) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters. Division 2—Exemptions granted by Regulator on application Subdivision 1—Interpretation 204—Interpretation designated provision of this Law means a provision of— (a) Part 3 Division 4; or (b) Part 3 Division 5; or (c) Part 3 Division 6 Subdivision 3. Subdivision 2—Procedures for conferring exemptions 205—Application for exemption (1) A rail transport operator may apply to the Regulator for an exemption from a designated provision of this Law in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of the operator. (a) must specify the scope and nature of the railway operations in respect of which an exemption is sought; and (b) if the railway operations include the operation or movement of rolling stock on a railway—must include details about the operation or movement of rolling stock; and (c) must contain the prescribed information; and (d) must be accompanied by the prescribed application fee. (3) The Regulator may require a rail transport operator who has applied for an exemption— 206—What applicant must demonstrate The Regulator must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated— (a) that the applicant is, or is to be, a rail infrastructure manager or rolling stock operator in relation to the railway operations in respect of which the exemption is sought; and (b) that the applicant— (i) has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and (ii) has complied with the requirements prescribed by the national regulations (if any) for the purposes of this section. 207—Determination of application (a) if the Regulator is satisfied as to the matters referred to in section 206—notify the applicant that an exemption from a designated provision of this Law has been granted, with or without conditions or restrictions; or (2) An exemption under this Division is subject to— (a) any conditions or restrictions prescribed by the national regulations for the purposes of this section that are applicable to the exemption; and (b) any other condition or restriction imposed on the exemption by the Regulator. (3) Notification under this section— (b) if the exemption has been granted, must specify— (ii) the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the exemption is granted; and (iii) any condition or restriction imposed by the Regulator under this section on the exemption; and (c) if a condition or restriction has been imposed on the exemption, must include— (d) if the application has been refused must include— (e) if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7. (b) if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or (c) if the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period, Subdivision 3—Variation of an exemption 208—Application for variation of an exemption (1) A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Regulator for a variation of the exemption. (2) A rail transport operator who has been granted an exemption under this Division must apply to the Regulator for a variation of the exemption if— (a) the applicant proposes to vary the scope and nature of the railway operations in respect of which the exemption has been granted; or (b) any other variation is proposed in respect of the railway operations in respect of which the exemption has been granted that should be reflected in the exemption. (b) must contain the prescribed information; and (c) must be accompanied by the prescribed application fee. (4) The Regulator may require an applicant for a variation— 209—Determination of application for variation (a) if the Regulator is satisfied as to the matters referred to in section 206 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or (b) if the exemption has been varied, must specify— (ii) the variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and (iii) any conditions and restrictions imposed by the Regulator on the exemption as varied; and (c) if a condition or restriction has been imposed on the exemption as varied, must include— (e) if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7. (b) if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or (c) if the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period, 210—Prescribed conditions and restrictions An exemption granted to a rail transport operator that is varied under this Division is subject to any conditions or restrictions prescribed by the national regulations that are applicable to the exemption as varied. 211—Variation of conditions and restrictions (1) A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Regulator for a variation of a condition or restriction imposed by the Regulator to which the exemption is subject. (2) An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption (and section 208 applies accordingly). (3) The Regulator must consider the application and, if satisfied as to the matters referred to in sections 206 and 207 (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused. (4) Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7. 212—Regulator may make changes to conditions or restrictions (1) The Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator on an exemption granted to a rail transport operator under this Division or impose a new condition or restriction. (a) give the rail transport operator written notice of the action that the Regulator proposes to take; and (b) allow the operator to make written representations about the intended action within 28 days (or any other period that the Regulator and the operator agree on); and (c) consider any representations made under paragraph (b) and not withdrawn. (3) The Regulator must, by written notice given to the rail transport operator, provide— (a) details of any action taken under this section; and (b) a statement of reasons for any action taken under this section; and Subdivision 4—Cancellation, suspension or surrender of an exemption 213—Cancellation or suspension of an exemption (1) This section applies in respect of a rail transport operator who has been granted an exemption under this Division if— (a) the Regulator considers that the operator— (i) is no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 206 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or (ii) is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the exemption relates and has not done so for at least the preceding 12 months; or (b) the operator contravenes this Law. (a) suspend the exemption for a period determined by the Regulator; or (b) cancel the exemption with immediate effect or with effect from a specified future date; or (c) impose conditions or restrictions on the exemption; or (d) vary conditions or restrictions to which the exemption is subject. (a) must notify the rail transport operator in writing— (i) that the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and (ii) that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and (4) If the Regulator suspends or cancels the exemption, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7. (5) The Regulator may withdraw a suspension of the exemption by written notice given to the rail transport operator. 213A—Surrender of exemption (1) An exemption granted under this Division may only be surrendered in accordance with this section. (2) If a rail transport operator intends to surrender an exemption, the operator must— (a) give the Regulator written notice of the intention to surrender the exemption; and (b) provide the Regulator with details as to the arrangements proposed in relation to the cessation of the operator's relevant railway operations. (3) If the Regulator is satisfied as to the arrangements proposed in relation to the cessation of the relevant railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the rail transport operator, inform the operator that the exemption may be surrendered in accordance with the proposed arrangements on the date specified in the notice. (4) If the Regulator is not satisfied as to the arrangements proposed in relation to the cessation of the relevant railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the rail transport operator, inform the operator— (c) that the exemption may not be surrendered until the Regulator is satisfied as to the proposed arrangements. Subdivision 5—Penalty for breach of condition or restriction 214—Penalty for breach of condition or restriction A rail transport operator who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.