Comply with Rail Safety National Law (RSNL)
Rail transport operators must be accredited under RSNL + maintain safety management.
Who must comply
Rail transport operators: rail infrastructure managers and rolling stock operators carrying out railway operations, including tourist and heritage operators. Rail infrastructure managers of private sidings connected to another railway must be registered; freight terminal managers may be registered at ONRSR's discretion. ONRSR can grant exemptions.
What triggers it
Intending to carry out railway operations (managing rail infrastructure or operating rolling stock), or managing a private siding connected to a railway operated by an accredited operator. Major rail projects require accreditation or a variation of accreditation.
When due
Accreditation must be granted before railway operations start; ONRSR must decide an application within six months of receipt. Variations are sought before operations change scope, and the safety management system is implemented and maintained continuously.
Evidence required
Notice of accreditation (or registration or exemption) setting out the scope of operations; safety management system identifying hazards, risk controls, competent people, monitoring and change management; health and fitness program for rail safety workers with assessments by authorised health professionals; interoperability management plan where required; asset management records; fees paid under the ONRSR Fees Policy.
Max penalty
Railway operations without accreditation, registration or an exemption contravene the RSNL, as does failing to implement and comply with the safety management system (s 101). Maximum penalties are set in the RSNL itself and are not reproduced in this record; ONRSR can also grant accreditation with conditions
Who must comply with this? The applicability test by industry, business structure and size.
Summary
The Rail Safety National Law (RSNL) was passed by the South Australian Parliament on 1 May 2012, replacing 46 pieces of State, Territory and Commonwealth legislation, and is applied in the other jurisdictions by their own application Acts (for example the Rail Safety National Law Application Act 2013 (Vic) and the Rail Safety National Law (Tasmania) Act 2012). It is administered by the Office of the National Rail Safety Regulator (ONRSR). A person or entity must apply for and be granted accreditation by ONRSR before commencing railway operations as a rail transport operator, whether as a rail infrastructure manager, a rolling stock operator or both, by demonstrating the competence and capacity to manage the safety risks of those operations. Accreditation requires an appropriate safety management system, which the operator must implement and comply with (RSNL s 101). The system must include a health and fitness program meeting the National Standard for Health Assessment of Rail Safety Workers and, on the National Network for Interoperability, an interoperability element. Managers of private sidings connected to an accredited railway register instead of seeking accreditation.
Enforced by
Source legislation
Industries
Topics
Related
- CWLTHComply with Heavy Vehicle Chain of Responsibility (CoR)Every party in the heavy vehicle supply chain has a positive duty under HVNL.
- CWLTHOffshore Petroleum and Greenhouse Gas Storage Act complianceOffshore petroleum + gas operators regulated by NOPSEMA.
- All statesAnimal Welfare Standards + Guidelines — Land Transport of LivestockNational + state-implemented standards for road + rail transport of livestock.
- CWLTHFatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142Air operators must operate within prescribed FDP or approved FRMS.
- All statesComply with state vehicle standards + registrationVehicle standards + registration administered by state road transport authorities.
Frequently asked questions
- Who must comply with Rail Safety National Law (RSNL)?
- Rail transport operators: rail infrastructure managers and rolling stock operators carrying out railway operations, including tourist and heritage operators. Rail infrastructure managers of private sidings connected to another railway must be registered; freight terminal managers may be registered at ONRSR's discretion. ONRSR can grant exemptions.
- What triggers Rail Safety National Law (RSNL)?
- Intending to carry out railway operations (managing rail infrastructure or operating rolling stock), or managing a private siding connected to a railway operated by an accredited operator. Major rail projects require accreditation or a variation of accreditation.
- When is Rail Safety National Law (RSNL) due?
- Accreditation must be granted before railway operations start; ONRSR must decide an application within six months of receipt. Variations are sought before operations change scope, and the safety management system is implemented and maintained continuously.
- What is the maximum penalty for Rail Safety National Law (RSNL)?
- Railway operations without accreditation, registration or an exemption contravene the RSNL, as does failing to implement and comply with the safety management system (s 101). Maximum penalties are set in the RSNL itself and are not reproduced in this record; ONRSR can also grant accreditation with conditions
- What evidence is required for Rail Safety National Law (RSNL)?
- Notice of accreditation (or registration or exemption) setting out the scope of operations; safety management system identifying hazards, risk controls, competent people, monitoring and change management; health and fitness program for rail safety workers with assessments by authorised health professionals; interoperability management plan where required; asset management records; fees paid under the ONRSR Fees Policy.
Source: https://www.legislation.vic.gov.au/in-force/acts/rail-safety-national-law-application-act-2013. Rules Mate is not a law firm. Always verify against the live regulator source before acting.