TRANSPORT ADMINISTRATION ACT 1988

New South Wales Consolidated Acts

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TRANSPORT ADMINISTRATION ACT 1988

- As at 31 March 2012
- Act 109 of 1988

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
2A. Objects of Act
2B. Common objectives and service delivery priorities of public transport agencies
3. Definitions
3A. Metropolitan rail area
3B. Ministerial responsibility and delegation

PART 1A - TRANSPORT FOR NSW

3C. Constitution and management of TfNSW
3D. Objectives of TfNSW
3E. Functions of TfNSW
3F. Corporate plan for TfNSW
3G. Directions by TfNSW to public transport agencies
3H. Review by relevant safety regulator of directions relating to transport safety matters
3I. Delegation of TfNSW’s functions
3J. Acceptance of delegated functions by TfNSW
3K. Disclosure of information by agencies to TfNSW
3L. Annual report

PART 2 - RAIL CORPORATION NEW SOUTH WALES

Division 1 - Constitution of RailCorp

4. Constitution of RailCorp

Division 2 - Objectives of RailCorp

5. Objectives of RailCorp

Division 3 - Functions of RailCorp

6. Railway passenger services
7. Rail infrastructure functions
8. Metropolitan rail area access functions
9. Other transport services
10. Other functions of RailCorp
11. Acquisition of land by RailCorp
11A. Sale, lease or other disposal of land
12. Effect of Division

Division 4 - Management of RailCorp

13, 14. (Repealed)
15. Chief Executive of RailCorp
16. Chief Executive Officer to manage RailCorp
17. (Repealed)
17A. RailCorp to supply information to Minister
17B. Corporate plans
17C-17E. (Repealed)
17F. Delegation of functions of RailCorp

Division 5 - (Repealed)
None

PART 2A - (Repealed)
None

PART 2B - COUNTRY RAIL INFRASTRUCTURE AUTHORITY

19A. Constitution of Country Rail Infrastructure Authority (as a continuation of RIC)
19B. Objectives of CRIA
19C. Functions of CRIA
19D. Sale, lease or other disposal of land
19E. Chief Executive of CRIA
19F. CRIA to supply information to Minister
19G. Delegation of functions of CRIA
19H-19AH. (Repealed)

PART 3 - STATE TRANSIT AUTHORITY

Division 1 - Constitution of State Transit Authority

20. Constitution of STA

Division 1A - Objectives of State Transit Authority

20A. Objectives of STA

Division 2 - General functions of State Transit Authority

21. Bus services
22. Newcastle ferry services
23. (Repealed)
24. Miscellaneous functions of STA

Division 3 - Management of State Transit Authority

25, 26. (Repealed)
27. Chief Executive of STA
28. Chief Executive to manage STA
29. (Repealed)
30. STA to supply information to Minister
31. Corporate plans
32-34. (Repealed)
35. Delegation of functions of STA

PART 3A - SYDNEY FERRIES

Division 1 - Constitution of Sydney Ferries

35A. Constitution of Sydney Ferries

Division 2 - Objectives of Sydney Ferries

35B. Objectives of Sydney Ferries

Division 3 - Functions of Sydney Ferries

35C. Sydney ferry services
35D. Other transport services
35E. Other functions of Sydney Ferries
35EA. Sale, lease or other disposal of land
35F. Acquisition of land by Sydney Ferries
35G. Effect of Division

Division 4 - Management of Sydney Ferries

35H, 35I. (Repealed)
35J. Chief Executive of Sydney Ferries
35K. Chief Executive to manage Sydney Ferries
35L. (Repealed)
35M. Sydney Ferries to supply information to Minister
35N. Corporate plans
35O-35Q. (Repealed)
35QA. Delegation of functions of Sydney Ferries

Division 5 - (Repealed)
None
PARTS 3B, 4 - (Repealed)
None

PART 4A - INDEPENDENT TRANSPORT SAFETY REGULATOR

Division 1 - Interpretation

42A. Definitions

Division 2 - Constitution of Independent Transport Safety Regulator

42B. Constitution of Independent Transport Safety Regulator

Division 3 - Charter of Independent Transport Safety Regulator

42C. Objectives of ITSR
42D. General functions of ITSR
42E. ITSR may advise on and monitor safety
42F. Auditing of transport authorities and owners and operators of transport services
42G. Reports to Minister on performance
42H. (Repealed)
42I. Power of ITSR to give directions relating to safe operation of transport services
42J. Duties of authorities and owners and operators to co-operate with ITSR
42K. ITSR may settle certain rail access disputes
42L. Disclosure of information by ITSR

Division 4 - Management of Independent Transport Safety Regulator

42M. Chief Executive of ITSR
42N. Chief Executive to manage and control affairs of ITSR
42O. Acting Chief Executive
42P. Limitations on Ministerial control of ITSR
42Q. Delegation of functions of ITSR

Division 5 - (Repealed)
None

Division 6 - Independent Transport Safety Advisory Board

42T. Independent Transport Safety Advisory Board
42U. General functions of Board
42V. (Repealed)

Division 7 - Review

42W. Review of amendments

PART 5 - TRANSPORT ADVISORY BOARD

43. Establishment of Transport Advisory Board
44. Functions of Advisory Board
44A. Committees of Advisory Board

PART 5A - CHIEF INVESTIGATOR OF THE OFFICE OF TRANSPORT SAFETY INVESTIGATIONS

45. Chief Investigator
45A. General functions of Chief Investigator
45B. No Ministerial control of Chief Investigator
45C. Disclosure of information by Chief Investigator
45D. Acting Chief Investigator
45DA. Delegation of functions of Chief Investigator

PART 6 - ROADS AND MARITIME SERVICES

Division 1 - Interpretation

45E. Interpretation

Division 1A - Constitution and management of Roads and Maritime Services

46. Constitution of RMS
47. Chief Executive of RMS
48. Chief Executive to manage RMS
49. (Repealed)

Division 1B - RMS

49A. General functions of RMS
50. Delegation
51, 52. (Repealed)
52A. Functions relating to traffic management and safety
53. Miscellaneous functions of RMS

Division 1C - Directions and recommendations to public authorities

53A. Directions to public authorities
53B. Recommendations as to lighting of roads and road related areas
53C. Inter-relationship of Division with law relating to local government

Division 2 - (Repealed)
None

PART 6A - (Repealed)
None

PART 6B - SUBSIDIARY CORPORATIONS, JOINT VENTURES ETC

55A. Definition of “transport authority”
55B. Exercise of functions through subsidiary corporations, joint ventures etc
55C. Public subsidiary corporations
55D. Private subsidiary corporations etc
55E-55S. (Repealed)

PART 7 - PROVISIONS RELATING TO STAFF

Division 1 - Regulations relating to staff employed in connection with certain authorities

56. Application of Division
57. Regulations relating to staff to which this Division applies
58. (Repealed)

Division 1A - Staff of RailCorp

58A. Employment of staff
58B. Salary, conditions etc of staff
58C. Regulations relating to RailCorp staff

Division 2 - Staff of Chief Investigator

59. Employment of staff
59A-59C. (Repealed)
60. Salary, wages and conditions of staff
61. Regulations relating to staff of Chief Investigator

Division 2A - (Repealed)
None

Division 3 - Staff of Sydney Ferries

62. Employment of staff
63. Salary, conditions etc of staff
64. Regulations relating to Sydney Ferries staff

Division 3A - Staff of Country Rail Infrastructure Authority

64A. Employment of staff
64B. Salary, conditions etc of staff
64C. Regulations relating to CRIA staff

Division 4 - Transfer of staff

65. Definitions
66. Orders providing for transfer of staff of transport authorities
67. Preservation of remuneration and other conditions of employment on transfer
68. Preservation of leave and other entitlements for previous service
68A. No payment out on transfer or dual benefits

PART 7A - THE TRANSPORT SERVICE

68B. The Transport Service
68C. Employment of staff in the Transport Service
68D. Salary, conditions etc of staff employed in the Transport Service
68E. Regulations relating to staff employed in the Transport Service
68F. Extended leave entitlements
68G. Transport Senior Service
68H. Transfer of staff within the Transport Service
68I. Incapable staff member may be retired
68J. Operation of privacy legislation
68K. Miscellaneous provisions relating to civil liability
68L. Construction of references relating to staff
68M. Delegation of Director-General’s functions under this Part

PART 8 - FINANCIAL PROVISIONS

Division 1 - Financial provisions relating to RailCorp

69. RailCorp Fund
70. Payments into RailCorp Fund
71. Payments from RailCorp Fund
72. (Repealed)

Division 1A - (Repealed)
None

Division 2 - Financial provisions relating to State Transit Authority

73. State Transit Authority Fund
74. Payments into State Transit Authority Fund
75. Payments from State Transit Authority Fund
76. Payment of dividend to Treasurer

Division 2A - Financial provisions relating to Transport for NSW

76A. TfNSW Fund
76B. Payments into TfNSW Fund
76C. Payments from TfNSW Fund

Division 3 - Financial provisions relating to Roads and Maritime Services

77. RMS Fund
78. Payments into RMS Fund
79. Payments from RMS Fund
80. Expenditure on certain State works
80A. Payments of subsidies to councils for traffic route lighting
80B. RMS to make available money for subsidies
80C. Payments of subsidies to electricity distribution network service providers for removal or relocation of electricity structures

Division 3A - Financial provisions relating to Sydney Ferries

80D. Sydney Ferries Fund
80E. Payments into Sydney Ferries Fund
80F. Payments from Sydney Ferries Fund

Division 3B - Financial provisions relating to Country Rail Infrastructure Authority

80G. CRIA Fund
80H. Payments into CRIA Fund
80I. Payments from CRIA Fund

Division 4 - Financial provisions relating to Authorities generally

81A. Definition
81. Financial duties of the Authorities
82. Financial year
83. (Repealed)

Division 5 - Charges for services of RailCorp, Sydney Ferries and State Transit Authority

84. Definitions
85. Orders fixing charges
86. Ministerial supervision of orders fixing charges
87. General provisions relating to orders fixing charges
88. Free or subsidised railway, bus or ferry travel

PART 8A - ARTC ARRANGEMENTS

Division 1 - Preliminary

88A. Definitions

Division 2 - Arrangements between rail authorities and ARTC

88B. Lease or licence of land and rail infrastructure facilities
88C. Other agreements or arrangements relating to freight lines
88D. Provision of transition support services
88E. Sale of plant, machinery, equipment, stores and consumables
88F. Requirements for consent not applicable
88G. Severance of rail infrastructure facilities and from leased or licensed land
88H. Functions of ARTC relating to rail infrastructure facilities
88I. Transfer of assets, rights or liabilities of rail authority

Division 3 - Rail services, access and infrastructure obligations

88J. Obligation to maintain linear continuity of rail services
88K. Rail access obligations and functions
88L. Network control
88M. Restrictions on dealings with land and rail infrastructure facilities and other rights
88N. Obligations and rights under Rail Safety Act 2008
88O. Obligations and rights under Protection of the Environment Operations Act 1997
88P. Obligations and rights under Heritage Act 1977
88Q. Obligations and rights under Threatened Species Conservation Act 1995
88R. Obligations relating to activities under Environmental Planning and Assessment Act 1979

Division 4 - Prohibition on vertical integration

88S. Restrictions on vertical integration of rail operations
88T. Injunctions

Division 5 - Staffing arrangements

88U. Agreements for secondment of staff to ARTC
88V. Temporary staff placement with ARTC (secondments)
88W. No time limit for period of temporary placement
88X. Obligations and rights under Rail Safety Act 2008 relating to members of staff
88Y. Obligations and rights under Work Health and Safety Act 2011 and other legislation
88Z. Liability under Law Reform (Vicarious Liability) Act 1983
88ZA. Workers compensation arrangements
88ZB. Effect of staffing agreements and arrangements

Division 6 - State taxes

88ZC. Exemption from State taxes
88ZD. Rail authorities and ARTC not grouped for payroll tax purposes

Division 7 - Effect of Part

88ZE. Effect of Part
88ZF. Protection of contractual and other obligations
88ZG. Compensation not payable

PART 9 - MISCELLANEOUS

Division 1 - Definitions

89. Definitions

Division 1A - Miscellaneous provisions relating to rail authorities

90. State rail operators not common carriers
91. Regulations relating to railway and other transport services
92. Limitation of compensation in respect of damage to property by fire
93. Search of vehicles and luggage on certain railway premises
94. Transfers of assets, rights and liabilities
95. (Repealed)
96. Person may be chief executive of more than one authority

Division 1B - Miscellaneous provisions relating to rail infrastructure, rail access and network control

97. Additional facilities may be treated as rail infrastructure facilities
98. Powers of rail authorities relating to rail infrastructure facilities and land
99. Maintenance of railway lines
99A. Closure and disposal of railway lines
99AA. Connections to rail infrastructure
99B. Closure of level-crossings, bridges and other structures
99C. NSW rail access undertakings
99D. Network control

Division 1C - (Repealed)
None

Division 2 - Miscellaneous provisions relating to State Transit Authority

100. Sale, lease or other disposal of land
101. Acquisition of land
102. STA not a common carrier
103. Inquiries into bus or ferry accidents
104. Regulations relating to bus and ferry services

Division 2A - Special provisions relating to light rail

104A-104K. (Repealed)
104L. Definitions
104M. Light rail services
104N. Light rail system
104O. Development and operation of light rail systems
104P. Part 5 of EPA Act to apply to development for light rail system
104Q. Local government approvals not required for light rail system
104R. Easements etc for light rail system
104S. Exemption of light rail system from payment of rates and land tax
104T. Exemption from duty
104U. Altering position of conduit for purposes of light rail system
104V. Resolution of disputes concerning routes of light rail systems

Division 3 - Miscellaneous provisions relating to RMS

105. Power to accept gifts, bequests or devises of property
106. Grants to councils in connection with use of buses
106A. Grants to charitable organisations

Division 3A - Miscellaneous provisions relating to Sydney Ferries

106B. Sydney Ferries not a common carrier
106C. Regulations relating to Sydney ferry services
106D. Transfer of certain assets, rights and liabilities of STA to Sydney Ferries

Division 4 - Miscellaneous provisions relating to transport authorities

107. Definition of “transport authority”
108. Transport districts
109. Seals of Authorities
110. Miscellaneous provisions relating to contracts of transport authority
111. Referral of disputes
112. Personal liability of certain persons
113. Presumption of validity
114. (Repealed)
115. Recovery of charges etc by transport authority
116. Liability of vehicle owner for parking offences on Authority’s land
117. Penalty notices for certain offences
118. Proceedings for offences
119. Regulations
120. Savings, transitional and other provisions

Division 5 - Miscellaneous provisions relating to common law damages for public transport accidents

121. Application of common law damages for motor accidents to railway and other public transport accidents

Division 6 - Special provisions for Parramatta Rail Link

122. Definitions
123. EPA Act not affected
124. Acquisition of national park and other park land
125. Application of Public Works Act to the Parramatta Rail Link
126. Sections 109ZJ & 109ZK EPA Act not to apply
127. Order of approval under Heritage Act

Division 7 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
Schedule 2B (Repealed)
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
Schedule 6 (Repealed)
SCHEDULE 6A
SCHEDULE 6AA
SCHEDULE 6B
SCHEDULE 7
SCHEDULE 8
SCHEDULE 8A
SCHEDULE 9
SCHEDULE 10
Schedule 11 (Repealed)

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