Railways Act 2005 No 37 (as at 01 October 2008), Public Act

17 Grant of licences
  • (1) After considering an application for a licence, the Agency may grant the licence only if the Agency has determined that—

    • (a) all relevant requirements of this Act, the regulations, and the rules have been complied with; and

    • (b) the proposed safety case has been approved under section 32; and

    • (c) it is not contrary to the interests of rail safety for the licence to be granted.

    (2) The Agency may grant an interim licence to an applicant if that applicant—

    • (a) is continuing an existing rail activity previously carried out by another rail participant; and

    • (b) has applied for a licence but is yet to have its—

      • (i) safety case approved; or

      • (ii) application determined.

    (3) Section 27 applies to a decision not to grant a licence.

    Section 17(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 17(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).