section 5 Declaration by the private siding rail infrastructure manager

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Application for Registration / Variation as a Rail Infrastructure
Manager of a Private Siding
SECTION 1
1.1
INFORMATION ABOUT THE APPLICATION
Please indicate whether the applicant is seeking a new registration or variation of an existing registration:
new registration
variation to existing registration
SECTION 2
INFORMATION ABOUT THE RAIL INFRASTRUCTURE MANAGER OF THE PRIVATE
SIDING
2.1
Who has effective management and control of the private siding? (Refer to the last page for information
on determining effective management and control)
2.2
Name and contact details
Registered company/business
name
Trading name
same as above
Registered business address
Street number and name
City/suburb
State
Postcode
Postal address
Street name and number /
PO Box or locked bag
number
City/suburb
State
Postcode
same as above
Phone
Mobile
Fax
ABN
11 digit number – no
spaces between the digits
ACN – if the rail infrastructure
manager is a corporation
9 digit number – no
spaces
between the digits
The corporation’s registered
office under the Corporations
Act– if the rail infrastructure
manager is a corporation
Email address for
communications from the Rail
Regulation Unit
2.3 Contact person details
Name
Position
Phone
Mobile
Fax
Email
SECTION 3
DETAILS OF THE PRIVATE SIDING FOR WHICH REGISTRATION/VARIATION IS SOUGHT
**** PLEASE COMPLETE A SEPARATE SECTION 3 FOR EACH PRIVATE SIDING ****
3.1
Name of private siding
If a siding doesn’t have a name, please put ‘no name’
3.2 Suburb or town in which the private siding is located
3.3
Latitude and longitude coordinates of the private siding connection point (if known)
Latitude
Longitude
Not known
3.4 Name(s) of rail infrastructure manager(s) to which the private siding is connected
3.5 Name of the running line or other siding to which the private siding is connected, if applicable – e.g. up,
main/down, goods/main, west…
not applicable
3.6
Rail kilometre point (kilometerage) with which the private siding connects or to which it has access to the
running line or other siding
kilometres
3.7
Total length and number of tracks included in the private siding
Kilometres
No. of tracks
3.8
Number of train movements per year; and approximate tonnage of freight moved per year
3.9
Number of level crossings (private and public) interfacing with the private siding
3.10 Do you have an interface agreement for this private siding with the main line rail infrastructure manager
and/or other sidings to which the private siding connects?
yes
no
3.11 Please indicate if the following activities are carried out on the private siding
Select all that apply
(a)
storing or maintenance of rolling stock
Note:
required.
(b)
passing loop primarily provided for the crossing or passing of trains
(c)
loading and/or unloading of wagons with bulk freight (e.g. coal or
grain) using an automated process
(d)
loading and/or unloading of wagons with bulk freight (e.g. coal or
grain) using a partly automated process
(e)
loading and unloading of wagons and the delivery and receipt of intermodal (containerised) freight
(f)
loading and/or unloading of wagons with palletised or loose freight
(g)
despatching, shunting and marshalling wagons onto trains
(h)
passenger trains commence or terminate for passengers to board or
alight
If any activities other than (a) are carried out at the private siding, separate accreditation may be
3.12 Please describe any other activities carried out on the private siding
No other activities
3.13 Please provide details of other persons carrying out railway operations in the private siding, e.g.
contractors carrying out construction and/or maintenance, rolling stock operators
Company name 1
Name
Phone
Mobile
Activities
Company name 2
Name
Phone
Mobile
Activities
3.14 Please attach a diagram of the private siding
a diagram of the private siding is attached
If an electronic copy is attached, please provide the electronic file/document name
SECTION 4
4.1
OWNERSHIP AND OPERATION OF THE PRIVATE SIDING
Does the rail infrastructure manager of the private siding:
Own the private siding?
go to 4.2
Lease the private siding
from another rail
infrastructure manager?
please provide name
then go to 4.2
Lease the private siding
from an owner who is not a
rail infrastructure manager
please provide name
then go to 4.2
Operate the private siding
on behalf of an owner
please provide name
of owner then go to
4.2
4.2 Does the rail infrastructure manager operate and/or move rolling stock on the private siding?
yes – separate accreditation as a rolling stock operator will be required
no
4.3 Does the rail infrastructure manager maintain or construct the siding infrastructure?
yes
no – please provide details below of who maintains or constructs the siding infrastructure
4.4
Does the rail infrastructure manager carry out train control functions on the private siding?
yes
no – please provide details below of who carries out train control functions on the private siding
SECTION 5
5.1
DECLARATION BY THE PRIVATE SIDING RAIL INFRASTRUCTURE MANAGER
Declaration
By submitting this application I declare that:



the applicant is the rail infrastructure manager of the private siding or an interested person, and
all information provided in relation to this application for registration is complete and correct, and
the applicant meets the legislative requirements for private sidings under the Transport (Rail Safety) Act
2010.
Signature of
applicant
Name of applicant
Date
Determining who has effective control and management
Which party has the effective control and management is a question of fact, to be considered on a case
by case basis. In most common operational situations on the railway, it will be evident who has effective
control and management of the relevant railway infrastructure, or the operation or movement of rolling
stock. However, in some situations it may be more difficult to determine who has effective control and
management.
In cases where the same person owns, operates, maintains and manages rail infrastructure, then it will
be clear that that person is the one who has effective control and management of the rail infrastructure.
Similarly, where one person operates rolling stock, it will be clear that that person has the effective
control and management of the operation or movement of the rolling stock.
However, more complex ownership and operating structures for rail infrastructure and rolling stock exist.
In these circumstances it may be less clear who has effective control and management and, in these
more complex cases, more than one person may have effective control and management. Ownership
and fiscal accountabilities do not always point to effective control and management in every case.
Different considerations may apply depending on whether the effective control and management relates
to the operation or movement of rolling stock, or to the management of rail infrastructure.
Generally the RRU will look to the party that has the greatest ability to “influence or direct” the particular
activity at the operational level. However this is not the only factor the RRU will consider when assessing
each application on a case by case basis. Other factors may include: the significance of ownership,
precise arrangements between the owner and a contractor, and involvement of the owner or principal in
the day to day running of the railway operations.
For further information see the Office of the National Rail Safety Regulator’s document
Effective control and management of railway operations Guideline – located at http://www.onrsr.com.au
The Department of Transport and Main Roads is collecting the information on this form for the purposes of
assessing the application for private siding registration or application for variation of a private siding
registration. The collection of this information is authorised by the Transport (Rail Safety) Act 2010. Your
personal information will not be disclosed to a third party without your consent unless required or authorised to
do so by law.
How to Lodge this Application
METHOD OF APPLICATION
The application may be submitted to the Rail Regulation Unit:
 electronically via email to the Rail Regulation Unit below
 hard copy (via post or by hand delivery)
Applicants are advised to make the application fee payment with submission of the application. Payment
should be made by cheque only to the Department of Transport and Main Roads. Alternatively, if an invoice is
needed, please request an invoice when submitting the application.
Note also that assessment of the application will not commence until the application fee payment is received.
The annual registration fee payable is set out in Part 6, section 43 of the Transport (Rail Safety) Regulation
2010.
SUPPORTING MATERIAL
Appropriately referenced supporting material may be submitted by prior arrangement with the Rail Regulation
Unit via email.
APPLICATIONS FOR VARIATION TO EXISTING REGISTRATION
Applications for variation to an existing registration may be lodged electronically or in hard copy using this
form. Documentation supporting the application must accompany the application where applicable.
Rail Regulation Unit
Transport Safety Branch
Department of Transport and Main Roads
Level 3, Transport House, 230 Brunswick Street
Fortitude Valley Qld
PO Box 673 | Fortitude Valley Qld 4006
P: 07 3066 2689
F: 07 3066 2917
E: rsr@tmr.qld.gov.au
W: www.tmr.qld.gov.au
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