INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services): (i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon Network in order to: (A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks; (B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness; (C) agree an audit, inspection and review regime; (D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network and industry practices; (E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and (F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges]; (ii) the Parties must incorporate the above agreed outcomes, as applicable, into: (A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9; (B) Part 1 of Schedule 6; and (C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and (iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate: (A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and (B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan. (b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter: (i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3; (ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and (iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines. (c) Prior to the commencement of any of the Operator’s Train Services, Aurizon Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon Network’s safety management system. (d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance. (e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be). (f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable). (g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3. (h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied. (i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 5 contracts
Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator Access Holder must conduct an Interface Risk Assessment jointly with Aurizon QR Network and the Operator in order to:
(A) identify all reasonably foreseeable Interface Risks to the Access Holder, the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Access Holder must cause the Operator is responsible for the development of to develop the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Access Holder or Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Access Holder, the Operator, its their Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the OperatorAccess Holder’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party (or the Operator) has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the OperatorAccess Holder’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 3 contracts
Samples: Access Agreement, Access Agreement, Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator Access Holder must conduct an Interface Risk Assessment jointly with Aurizon Network QR and the Operator in order to:
(A) identify all reasonably foreseeable Interface Risks to the Access Holder, the Operator, Aurizon Network QR and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network QR and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Access Holder must cause the Operator is responsible for the development of to develop the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Access Holder or Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Access Holder, the Operator, its their Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute NoticeNotice ”) whereupon either Party may refer the matter in dispute (“‘Dispute”) to an expert e xpert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, 17.6 provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the OperatorAccess Holder’s Train Services, Aurizon Network QR must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon NetworkQR’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party (or the Operator) has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the OperatorAccess Holder’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 2 contracts
Samples: Access Agreement, Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon Network QR in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon Network QR and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network QR and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon Network QR must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon NetworkQR’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network QR and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon NetworkQR, Aurizon Network QR will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Operator Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator Access Holder must conduct an Interface Risk Assessment jointly with Aurizon Network QR and the Operator in order to:
(A) identify all reasonably foreseeable Interface Risks to the Access Holder, the Operator, Aurizon Network QR and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network QR and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Access Holder must cause the Operator is responsible for the development of to develop the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Access Holder or Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Access Holder, the Operator, its their Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“‘Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the OperatorAccess Holder’s Train Services, Aurizon Network QR must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon NetworkQR’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party (or the Operator) has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the OperatorAccess Holder’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Operator‟s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9Schedule 9;
(B) Part 1 of Schedule 6Schedule 6; and
(C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement Agreements (including variations to the amounts payable by the End UserUsers) have been made in respect of such matters and any relevant nomination of the Operator by the an End User in accordance with the an End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Operator‟s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Operator‟s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon Network’s QR Network‟s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Operator‟s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement Agreements (including variations to the amounts payable by the End UserUsers) have been made in respect of such matters and any relevant nomination of the Operator by the an End User in accordance with the an End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Operator‟s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];.
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and;
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert the Dispute Managers for determination in accordance with Clause 18.317.2.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network (and, in the case of any Network Interface Point, jointly with QR Network and the Railway Manager for the Adjoining Network) in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];.
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and;
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert the Dispute Managers for resolution in accordance with Clause 18.317.2. If the matter is not referred to an expert for resolution within fourteen resolved by the Dispute Managers (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. .
Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert the Dispute Managers for determination in accordance with Clause 18.317.2.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Coal Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;
(B) Part 1 of Schedule 6; and
(C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. .
(i) Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) . Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) . The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) . If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) . Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) . The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3.
(h) . The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) . Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover from the Operator a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Operator Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6; and
(C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement Agreements (including variations to the amounts payable by the End UserUsers) have been made in respect of such matters and any relevant nomination of the Operator by the an End User in accordance with the an End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement Agreements (including variations to the amounts payable by the End UserUsers) have been made in respect of such matters and any relevant nomination of the Operator by the an End User in accordance with the an End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.617.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Access Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;
(B) Part 1 of Schedule 6; and
(C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. .
Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator must conduct an Interface Risk Assessment jointly with Aurizon QR Network in order to:
(A) identify all reasonably foreseeable Interface Risks to the Operator, Aurizon QR Network and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon QR Network and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9Schedule 9;
(B) Part 1 of Schedule 6Schedule 6; and
(C) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Operator is responsible for the development of the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Operator, its Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute Notice”) whereupon either Party may refer the matter in dispute (“Dispute”) to an expert for resolution in accordance with Clause 18.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii) or the QCA in accordance with Clause 12(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the QCA in accordance with Clause 12(b)(iii), and in the opinion of the Safety Regulator the matters in dispute are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriate; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i), either Party may, within twenty-one (21) days after the expert makes the determination, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii) or the QCA under Clause 12(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the Operator’s Train Services, Aurizon QR Network must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon QR Network’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes), the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 13, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the Operator’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon QR Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon QR Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon QR Network, Aurizon QR Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Train Operations Agreement
INTERFACE RISK MANAGEMENT. (a) Prior to the commencement of any Train Services (including any new or varied Train Services):
(i) the Operator Access Holder must conduct an Interface Risk Assessment jointly with Aurizon Network QR and the Operator in order to:
(A) identify all reasonably foreseeable Interface Risks to the Access Holder, the Operator, Aurizon Network QR and all persons and property and evaluate the possibility of the Interface Risks occurring and the safety and commercial consequences of those Interface Risks;
(B) agree the applicable controls and measures to adequately address the Interface Risks identified (including any training required for the Operator’s Staff) and the Party responsible for implementation of such controls and measures and ensuring their on-going effectiveness;
(C) agree an audit, inspection and review regime;
(D) agree the applicable Safeworking Procedures and Safety Standards having regard to existing Aurizon Network QR and industry practices;
(E) agree the Rollingstock Interface Standards (or, if already agreed, agree variations to the Rollingstock Interface Standards); and
(F) agree any consequential changes to the provisions of the Agreement[, including the applicable Access Charges];
(ii) the Parties must incorporate the above agreed outcomes, as applicable, into:
(A) the Interface Risk Management Plan which shall be included in Part 2 of Schedule 9;of
(B) Part 1 of Schedule 6;
(C) Schedule 3; and
(CD) the relevant provisions of the Agreement, provided that to the extent that matters in paragraphs (A) to (C) are amended to incorporate the agreed outcomes the commencement of those amendments is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied; and
(iii) the Access Holder must cause the Operator is responsible for the development of to develo p the Operator’s Safety Management System which must incorporate:
(A) the risks identified and the controls and measures and other elements included in the Interface Risk Management Plan that the Access Holder or Operator is responsible for implementing; and
(B) necessary processes for ensuring that the Access Holder, the Operator, its their Rollingstock, Rollingstock Configurations and Train Services at all times comply with the requirements of this Agreement, including the agreed Interface Risk Management Plan.
(b) If the Parties are unable to agree any element of the Interface Risk Assessment or the Interface Risk Management Plan (including the Rollingstock Interface Standards), each Party may give notice in writing to the other Party of the dispute (“Dispute “ Dis pute Notice”) whereupon either Party may refer the matter in dispute (“‘Dispute”) to an expert for resolution in accordance with Clause 18.317.3. If the matter is not referred to an expert for resolution within fourteen (14) days after a Party gives a Dispute Notice to the other Party, then at any time thereafter:
(i) if the matter has not been referred to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii) or the QCA in accordance with Clause 12(b)(iii11(b)(iii), either Party may still refer the matter to an expert for resolution in accordance with Clause 18.317.3;
(ii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the QCA in accordance with Clause 12(b)(iii11(b)(iii), and in the opinion of the Safety Regulator the matters in dispute disput e are solely related to safety issues, then either Party may refer the matter to the Safety Regulator through any process the Safety Regulator considers appropriateRegulator; and
(iii) if the matter has not been referred to an expert in accordance with Clause 12(b)(i11(b)(i) or to the Safety Regulator in accordance with Clause 12(b)(ii11(b)(ii), then either Party may refer the matter to the QCA (acting with the advice of the Safety Regulator) for resolution in accordance with Clause 18.6, 17.6 provided that if the matter is in the first instance referred to an expert for resolution (whether this occurs during or after the relevant fourteen (14) day period) and either Party is not satisfied with the determination of the expert, then notwithstanding Clause 18.3(i17.3(i), either Party may, within twenty-one (21) days after the expert makes the determinationdeterminatio n, refer the matter for resolution by the Safety Regulator under Clause 12(b)(ii11(b)(ii) or the QCA under Clause 12(b)(iii11(b)(iii). Any determination made by the QCA or the Safety Regulator (whether or not following a determination by an expert) shall be final and binding on the Parties. If an expert, the Safety Regulator or the QCA is called upon under this Clause to make a determination the effect of which would be to establish the content of any aspect of the Interface Risk Management Plan, then the expert, Safety Regulator or the QCA (as the case may be) shall comply with any guiding principles for the resolution of a Dispute under this Clause that may from time to time be determined by the Safety Regulator. Where a Dispute is referred to the QCA in accordance with this Clause, the QCA shall seek the advice of the Safety Regulator on any aspect of the Dispute that either Party to the Dispute or the QCA considers to be a safety related matter. The QCA shall not make any decision that is inconsistent with any advice it receives from the Safety Regulator to the extent that the advice relates to any aspect of safety. The QCA will provide to the Parties a copy of any advice it receives from the Safety Regulator. Where the QCA seeks advice from the Safety Regulator in relation rela tion to a Dispute, the costs of the Safety Regulator shall be borne by the Parties in such proportion as the QCA determines.
(c) Prior to the commencement of any of the OperatorAccess Holder’s Train Services, Aurizon Network QR must incorporate the elements of the Interface Risk Management Plan it has agreed to be responsible for implementing into Aurizon NetworkQR’s safety management system.
(d) The Parties must advise each other of any failure to comply with the Interface Risk Management Plan as and when the Party becomes aware of such non-compliance, including details of the nature of the non-compliance and how the Party has rectified or intends to rectify the non-compliance.
(e) If at any time during the Term, either Party has reasonable grounds to believe that the Interface Risk Management Plan is no longer effective either in managing the Interface Risks it was intended to manage or in managing new or varied Interface Risks (including if the Train Service Description changes)Risks, the Parties must conduct a further joint Interface Risk Assessment to review the Interface Risks which are no longer effectively managed by the current Interface Risk Management Plan or the new or varied Interface Risks (as the case may be).
(f) Where a Party has reasonable grounds to believe that the other Party (or the Operator) has not or is not complying with any aspect of the Interface Risk Management Plan (including the Rollingstock Interface Standards) then, in accordance with the provisions of Clause 1312, that Party may conduct or require the conduct of an inspection or audit of the relevant aspect of the OperatorAccess Holder’s Train Services or the Nominated Network (as applicable).
(g) The Parties shall amend the Interface Risk Management Plan and this Agreement [(including making any variations to the Base Access Charges)] ) if, subsequent to an audit or inspection of the Interface Risk Management Plan, the Parties agree that such amendment is required having regard to the findings of such inspection or audit and, failing agreement, either Party may refer the issue of the need for such amendment to an expert for determination in accordance with Clause 18.317.3.
(h) The commencement of any amendments to the Interface Risk Management Plan or this Agreement made in accordance with this Clause 12 is subject to and conditional upon the Operator being notified by Aurizon Network that all necessary amendments (if any) to the End User Access Agreement (including variations to the amounts payable by the End User) have been made in respect of such matters and any relevant nomination of the Operator by the End User in accordance with the End User Access Agreement has, if necessary, been varied.
(i) Where Aurizon Network and the Operator agree that training of the Operator’s Staff is required as a control or part of a control to a particular Interface Risk identified in the Interface Risk Assessment and the Operator can only obtain that training from Aurizon Network, Aurizon Network will provide the Operator with that training and be entitled to recover a reasonable commercial charge for providing such training.
Appears in 1 contract
Samples: Access Agreement
