As prescribed by regulation 58, the fees that are payable by rail transport operators are specified in Schedule 3 to the National Regulations. Changes to the methodology for calculating fees were agreed by state and territory ministers in November 2016, and subject to the passage of legislation, will be updated in the RSNL Act and Regulations to commence from 1 July 2017. For more information about the changes see the cost recovery review page.
The fees relevant to accredited rail transport operators, or those seeking accreditation, are outlined below.
Excerpt from Schedule 3 to the National Regulations:
|64(2)(d)||Application for accreditation|
|68(3)(c)||Application for variation of accreditation|
|71(2)||Application for variation of conditions/restrictions of accreditation|
|205(2)(d)||Application for exemption|
|208(3)(c)||Application for variation of exemption|
|211(2)||Application for variation of conditions/restrictions of exemption|
Annual fees are payable by rail transport operators who are accredited or registered under the Rail Safety National Law.
The annual fee payable by an accredited rail transport operator comprises a fixed and variable component. It is calculated by adding the fixed component (F) to the relevant variable component (V) for each of the ONRSR-regulated jurisdictions in which the accredited rail transport operator operates.
For example, if the accredited person carries out railway operations in 3 jurisdictions in a financial year, the annual fee payable in respect of that year would be calculated as follows:
Annual fee = F + Vjurisdiction 1 + Vjurisdiction 2 + Vjurisdiction 3
The fixed component (F) is $15,000 and is payable only once each year by an accredited person, regardless of how many jurisdictions in which railway operations are undertaken (within ONRSR-regulated jurisdictions).
The variable component (V) is payable for each jurisdiction in which railway operations are carried out. It is the product of the relevant rates as set out in the table below applied to the following:
(a) In the case of a rail infrastructure manager, the number of kilometres of track over which the manager has effective management and control within the jurisdiction (T)
(b) In the case of a rolling stock operator, the number of kilometres travelled within the jurisdiction by trains over which the operator has effective management and control (t).
and is to be calculated as follows:
Vjurisdiction = (T x RT) + (t x Rt)
|Rate per kilometre of track managed by a rail infrastructure manager ($/km) ( RT )||180.15||180.15||45.53||129.73||67.41||107.37||96.86|
|Rate per kilometre travelled by trains of a rolling stock operator ($/km) (Rt)||0.066||0.066||0.151||0.103||0.167||0.035||0.052|
These rates are effective from 1 July 2016 for the 2016/17 financial year.
Each rail transport operator will receive a single invoice from ONRSR covering accredited and registered operations in the ACT, SA, NSW, NT, TAS, VIC and WA. The variable component is calculated from the predicted track and train kilometres that are reported by the operator in the annual return (due 29 July). A reconciliation will be done at the end of the financial year against actual track/train kilometres reported in monthly returns.
The prescribed date for the payment of the annual fee is 31 October (in the financial year to which it relates). For operators who are accredited after 1 July, annual fees will be calculated on a pro-rata basis and payable 30 days after the invoice is issued.
A late payment fee of 15% of the annual fee is payable if the fee is not paid on or before the prescribed date. If an operator fails to pay the annual fee the ONRSR may suspend their accreditation consistent with section 76 of the RSNL.
Tourist and heritage operators will be subject to discounted application fees and discounted annual fixed accreditation fees. The discounted annual fixed accreditation fee is $2,000. Variable fees apply at the normal rates.
State and territory governments have nominated to pay the annual fees (in full or part) of certain tourist and heritage operators in their jurisdictions under a community service obligation arrangement. Governments will be invoiced directly for these fees.