148ZZTfNSW may direct authority to grant operating authorisation

148ZZ TfNSW may direct authority to grant operating authorisation

148ZZ TfNSW may direct authority to grant operating authorisation

(1) This section applies if—

(a) an applicant has applied to an authority for an operating authorisation, and

(b) the authority has refused, or is taken to have refused, to grant the operating authorisation under section 148ZY(1)(b) or (8).

(2) The applicant may apply to Transport for NSW, in an approved form, for a review of the authority’s refusal to grant the operating authorisation.

(3) Transport for NSW may decide the application by—

(a) affirming the authority’s decision, or

(b) directing the authority to grant an operating authorisation to the applicant.

(4) In deciding an application under this section, Transport for NSW must consider the following—

(a) the impact of the authority’s refusal on continuity of service for users of the micromobility vehicle sharing service operated by the applicant,

(b) demand for shared micromobility vehicles within the authority’s area of operations,

(c) whether, and how many, approved operators operate a micromobility vehicle sharing service within the authority’s area of operations,

(d) the authority’s reasons for refusing to grant an operating authorisation.

(5) As soon as practicable after deciding the application, Transport for NSW must—

(a) if the decision is to affirm the authority’s decision—give the applicant written notice of, and the reasons for, the decision, or

(b) if the decision is to direct the authority to grant an authorisation—

(i) issue the direction to the authority, and

(ii) give the applicant written notice of the decision.

(6) An authority to whom a direction is given under subsection (3)(b) must, as soon as practicable, comply with the direction.

s 148ZZ: Ins 2025 No 77 Sch 1[2].