Document ID: chunk:federal_register_of_legislation:F2007L03870:body:0:p6
Version: federal_register_of_legislation:F2007L03870
Segment Type: other
Provision Reference: 
Character Range: 13761–16476

and 4 (b) (contact person); and
 (b) details of the scope and nature of the proposed variation; and
 (c) details of the changes that will be made to the applicant's safety management system if the proposed variation occurs; and
 (d) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including —
 (i) who was consulted; and
 (ii) when and how the consultation occurred; and
 (iii) the results of the consultation; and
 (e) evidence to demonstrate that the applicant has the competence and capacity to manage the risks to safety associated with the proposed variation.

 [Drafting Note: Section 49 of the Act provides the power to prescribe any other information that is to be included in the notice of variation of accreditation.

 This power is reserved until there is national agreement as to how it should be used.]

Part 3 Safety Management

Division 1 Safety Management Systems

10 Prescribed requirements for a safety management system

  A safety management system must provide for all of the matters listed in Schedule 1 that are relevant to the railway operations for which the rail transport operator is accredited, or seeking to be accredited, and must provide a level of detail with respect to each of those matters that is appropriate having regard to the scope, nature and risks to safety of those operations, and to the operator's duties under section 28 of the Act.

 [Drafting Note: Section 57 of the Act also provides the power to prescribe risk management principles, methods and procedures. This power is reserved until there is national agreement as to how it should be used.]

Division 2 Private Sidings

11 Maintenance and operational conditions

  The following conditions are imposed for the purposes of section 56 (2) (b) of the Act —
 (a) the rail infrastructure manager must have systems and procedures to ensure that it complies with the safety duties imposed on it by section 28 of the Act in relation to the private siding; and
 (b) the rail infrastructure manager must have a risk register that includes the following things at a level of detail that is appropriate having regard to the scope, nature and risks to safety of the operation of the private siding, and to the operator's duties under section 28 of the Act —
 (i) a listing of the risks to safety arising from the maintenance and operation of the private siding; and
 (ii) details of the assessment of those risks (including their likelihood, likely consequences and ranking);
 (iii) a description of any elimination or risk control measures that are to be used to manage, so far as is reasonably practicable, those risks, including, where appropriate, the