Application (complex operations) fee for accreditation
$96 755
[2 deleted]
3
71(2)
Application fee for variation of conditions/restrictions of accreditation
$1 000
4
84(2)(b)
Application fee for registration
$1 000
[5 deleted]
6
90(2)
Application fee for variation of conditions/restrictions of registration
$250
7
205(2)(d)
Application fee for exemption
$1 000
8
208(3)(c)
Application fee for variation of exemption
$100
9
211(2)
Application fee for variation of conditions/restrictions of exemption
$100
[Part 1 amended: SL 2025/129 r. 4(1)-(3).]
Part 2 — Annual fees
Annual fees
(1) For the purposes of section 76 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:
where —
A is the annual fee
F is the fixed component ($15 000) of the annual fee
If an accredited person is both a rail infrastructure manager and a rolling stock operator, the fixed component of the annual fee is payable only once in respect of each financial year.
V, in respect of a particular jurisdiction, is the variable component of the annual fee (see explanation and formula set out below as to how to calculate the variable component)
The variable component (V), in respect of each jurisdiction in which the accredited person carries out railway operations, is the product of the relevant rates as set out in the table below and either (or both) of the following as relevant:
(a) in the case of an accredited person who is a rail infrastructure manager — the number of kilometres of track over which the manager has effective management and control within the jurisdiction;
(b) in the case of an accredited person who is a rolling stock operator — the number of kilometres travelled within the jurisdiction by trains over which the operator has effective management and control,
and is to be calculated as follows:
where —
V, in respect of a particular jurisdiction, is the variable component of the annual fee
T is the kilometres of track managed by a rail infrastructure manager
RT is equal to the rate per kilometre of track managed by a rail infrastructure manager
t is the kilometres travelled by trains of a rolling stock operator
Rt is equal to the rate per kilometre travelled by trains of a rolling stock operator
ACT
NSW
NT
QLD
SA
TAS
VIC
WA
Rate per kilometre of track managed by a rail infrastructure manager ($/km) (R**T)
320.98
320.98
87.88
160.08
147.11
149.51
296.17
101.81
Rate per kilometre travelled by trains of a rolling stock operator ($/km) (R**t)
0.134
0.134
0.280
0.094
0.120
0.393
0.066
0.067
(1a) The Regulator may determine that an accredited person must pay, in addition to the fee calculated under subclause (1) in respect of a particular financial year, an additional fee (a project component fee) in respect of that year, being 1 or more of the following fees:
(a) $239 468;
(b) $169 320;
(c) $112 477.
(1b) For the purposes of subclause (1a), in determining whether a project component fee is payable in respect of a particular financial year by an accredited person in relation to the person’s railway operations (and, if so, which fee or fees), the Regulator must take into account the following factors:
(a) whether the railway operations, or any part of the railway operations, involve the introduction of new rolling stock or rail infrastructure not previously used in Australia;
(b) whether the railway operations, or any part of the railway operations, involve the introduction of safety critical systems or other rail technology not previously used in Australia;
(c) the complexity of any contract delivery or system integration in relation to the railway operations, or any part of the railway operations;
(d) the extent of any change required to the safety management system or network rules in respect of the railway operations, or any part of the railway operations;
(e) the extent of any new safety risks identified in relation to the railway operations, or any part of the railway operations,
and the anticipated impact that those factors will have on the regulatory oversight that may be required by the Regulator in respect of the railway operations, or any part of the railway operations.
(1c) After considering the factors referred to in subclause (1b), the Regulator —
(a) must notify the accredited person in writing —
(i) that, in addition to the annual fee referred to in subclause (1), the Regulator is considering charging the person the project component fee or fees specified in the notice; and
(ii) that the person may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the fee or fees should not be charged;
and
(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
(1d) For the purposes of section 76(4)(e) of the Law, a decision of the Regulator to charge a project component fee or fees is a reviewable decision to which Part 7 of the Law applies.
(1e) If the Regulator proceeds with a decision to charge an accredited person a particular project component fee or fees, the Regulator must notify the person of that fact and include in the notice —
(a) the reasons why the Regulator is charging the fee or fees; and
(b) the total of the fees being charged; and
(c) the date on or before which the fee is or fees are to be paid; and
(d) information about the right of review under Part 7 of the Law.
(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.
[Part 2 amended: SL 2025/129 r. 4(4) and (5).]
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Notes
This is a compilation of the Rail Safety National Regulations (WA) 1, 2. The Rail Safety National Regulations (as made under section 264 of the Rail Safety National Law) are applied as a law of Western Australia by the Rail Safety National Law Application Act 2024 (the WA Application Act) section 12.
This is a version of the Rail Safety National Regulations as the regulations apply in Western Australia. This version also includes amendments to the Rail Safety National Regulations made by South Australian legislation, subject to the WA Application Act sections 13, 14 and 16. See the compilation table.
Compilation table
| Citation | Published | Commencement |
| Rail Safety National Regulations (WA) | | 1 Oct 2024 (see r. 2 and SL 2024/193 cl. 2 and WA Act No. 7 of 2024 s. 12) |
| Rail Safety National Law National Regulations (Fees) Amendment Regulations 2024 | SL 2024/207 14 Oct 2024 | 1 Oct 2024 (see r. 2 and Act No. 2024/007 s. 2(b), 15(3) and SL 2024/193 cl. 2) |
| Rail Safety National Law National Regulations (Drug and Alcohol Testing) Amendment Regulations 2024 | SL 2024/303 23 Dec 2024 | 2 Jan 2025 (see note to r. 2) |
| Rail Safety National Law National Regulations (Fees) Amendment Regulations 2025 | SL 2025/129 1 Jul 2025 | 1 Jul 2025 (see r. 2) |
| Rail Safety National Law National Regulations (Safety Management System) Amendment Regulations 2025 3 | SL 2025/173 2 Oct 2025 | 1 Nov 2025 (see r. 2) |
Other notes
1 As at 1 October 2024, when the Rail Safety National Regulations began to apply as a law of Western Australia, the version of the Rail Safety National Regulations that applied under the WA Application Act section 12 was the regulations set out in the Rail Safety National Law National Regulations 2012 (South Australia) as in force on 1 July 2024.
The version of the Rail Safety National Regulations as in force on 1 July 2024 includes amendments made by the Rail Safety National Law National Regulations (Fees) Amendment Regulations 2024 which was published on the WA legislation website as if those amendments commenced on 1 October 2024. See the WA Application Act section 15(3).
2 The Rail Safety National Regulations (WA) have been formatted in accordance with WA drafting style. Editorial notes have been inserted as part of producing this compilation.
3 The Rail Safety National Law National Regulations (Safety Management System) Amendment Regulations 2025 Sch. 1 cl. 1 is a transitional provision.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
amendment 21
appropriately qualified auditor 7B(6)
barracks Sch. 2 cl. 5(1) and 10(1)
Category A notifiable occurrence 3, 57(1)
Category B notifiable occurrence 3, 57(1)
Category C notifiable occurrence 3, 57(1)
emergency Sch. 2 cl. 6(2) and 11(2)
FOI Act 35
heritage railway 28(7)
infringement penalty provision 34
interoperability matters Sch. 1 cl. 20A(1)
Law 3
lift-up and lay-back arrangement 29(5)
National Network for Interoperability 16(3)
National Transport Commission 3
network rules 3
Ombudsman Act 41
ONRSR 37, 43, 48, 54
participating jurisdiction 37, 43, 48, 54
PFA Act 46
prescribed incident 28(7)
project component fee Sch. 3 cl. 1(1a)
Rail Safety National Law 37
Regulator 37
reporting period 57(3d)
stakeholders 21
State Records Act 52
suburban service Sch. 2 cl. 7
tourist and heritage railway operator 16(3)
train safety recording 37
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.