TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 1
TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 1
SCHEDULE 1 – Functions of Transport for NSW
Part 1 - General functions
1 General functions of TfNSW
TfNSW has the following general functions--
(a) Transport planning and policy, including for integrated rail network, road network, maritime operations and maritime transport and land use strategies for metropolitan and regional areas.
(b) The administration of the allocation of public funding for the transport sector, including the determination of budgets and programs across that sector.
(c) The planning, oversight and delivery of transport infrastructure in accordance with integrated transport and land use strategies and available financial resources, including prioritising of expenditure and projects across the transport system.
(d) Co-ordination of capital works programs and budgets across the transport sector.
(e) Contracting, on behalf of the State, with public transport agencies or the private sector, for the delivery of transport services, including the setting of performance targets and service standards.
(f) The co-ordination of transport services, including timetabling for transport services and providing for effective transport interchanges.
(g) The management of incidents affecting the efficiency of road and public transport networks, including the co-ordination of communications with and responses by relevant agencies.
(h) The provision of information about transport services and transport infrastructure to assist people to use those services or infrastructure.
(i) The provision of corporate and shared services to TAHE, RTC and public transport agencies and the deployment of staff to TAHE, RTC, public transport agencies and the Department of Transport.
(j) The provision of integrated ticketing arrangements for transport services, and regulating the types of tickets and other ticketing arrangements for the setting of fares for transport services.
(k) Assisting the Minister for Planning and Infrastructure and other relevant agencies with the preparation of precinct plans for the development of land for, or in the vicinity of, public transport stations or wharves and transport interchanges.
(l) Co-ordinating and carrying out the procurement of transport infrastructure and transport vehicles, rolling stock and vessels.
(m) Developing policy and facilitating research and testing for the purposes of promoting innovative transport solutions, including the testing of automated vehicles and digital technologies on the State's roads and road related areas.
2 Advice and recommendations to the Minister
(1) The transport policy and planning function of TfNSW includes the function of advising, assisting and making recommendations to the Minister in connection with the following--(a) the development of policy (including regulatory policy) for or in connection with the implementation or enforcement of the transport legislation,(b) the development of policy (including regulatory policy) for promoting and improving road safety, road travel efficiency and road traffic management,(c) policy and planning for or in connection with ports and maritime matters,(d) the initiation, development and implementation of proposals for the amendment of the transport legislation and other legislation relevant to the functions of TfNSW.
(2) In this clause, a reference to the Minister includes a reference to any Minister administering any provision of the transport legislation or other legislation relevant to the functions of TfNSW.
Part 2 - Transport functions
3 Transport infrastructure development
(1) TfNSW may--(a) develop, establish, hold, manage and maintain transport infrastructure on behalf of the State, and(b) hold, manage, maintain and establish assets associated with transport infrastructure developed or proposed to be developed by TfNSW, and(c) make and enter into leases or licences, or other arrangements, with persons for developing transport infrastructure, and(d) provide goods and services to the bus, rail, ferry or other transport industries.
(2) In this clause, a reference to developing transport infrastructure includes--(a) carrying out development for the purposes of or incidental to transport infrastructure (including development of land in the vicinity of transport infrastructure), and(b) facilitating, managing, financing or maintaining any such development, and(c) carrying out any function ancillary to any such development.
(3) In this clause--
"development" means development within the meaning of the Environmental Planning and Assessment Act 1979 or an activity within the meaning of Part 5 of that Act.
"transport infrastructure" includes--(a) infrastructure associated with the use or operation of transport infrastructure, and(b) retail, commercial and residential development associated with or developed in conjunction with transport infrastructure.
4 Road safety, road travel efficiency and road traffic management
(1) TfNSW may--(a) conduct testing, research and investigations in connection with promoting or improving road safety, road travel efficiency and road traffic management, and(b) develop and implement programs, projects, strategies and campaigns for promoting or improving road safety, road travel efficiency and road traffic management, and(c) provide advice and assistance to public and local authorities for the promotion or improvement of road safety, road travel efficiency and road traffic management.
(2) In this clause,
"road safety" refers to safety in connection with roads, road vehicles and all aspects of road usage.
4A Passenger transport services safety
(1) TfNSW may--(a) provide strategic co-ordination of safety regulatory frameworks in relation to transport authorities and owners or operators of transport services, and(b) review and evaluate any matter related to the safe operation of transport services and the functions of transport authorities in relation to the safe operation of transport services, and(c) advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of transport services, including safety regulation by transport authorities in relation to transport services, and(d) without limiting paragraph (c), advise the Minister with respect to the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services.
(2) TfNSW may advise the Minister on the implementation of recommendations of reports of investigations and inquiries into transport accidents or incidents or the safety of transport services, including reports of the following kinds--(a) reports by the Chief Investigator,(b) transport safety inquiry reports,(c) reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,(d) an inquest or inquiry under the Coroners Act 2009 .
(3) TfNSW must report to the Minister each year on the performance of transport authorities and owners and operators of transport services in connection with the exercise of their functions relating to the safe operation of those services.
(4) In this clause--
"transport authority" means--(a) TAHE, or(b) the State Transit Authority, or(c) Sydney Ferries, or(c1) NSW Trains, or(c2) Sydney Trains, or(c3) RTC, or(c4) Sydney Metro, or(f) any other person or body prescribed by the regulations for the purposes of this definition.
5 Standard Working Timetable
(1) TfNSW has responsibility for determining the Standard Working Timetable for the delivery of transport services by public transport agencies for all modes of transport in the metropolitan rail area. TfNSW may alter or replace the Standard Working Timetable from time to time.
(2) The
"Standard Working Timetable" is the timetable that provides the specifications for the following aspects of the daily provision of rail, bus and ferry services by public transport agencies--(a) frequency of services,(b) daily service periods (that is, the times of first and last services),(c) size and carrying capacity of the trains, buses and ferries to be used to provide services,(d) movement of trains, buses and ferries when not in service,(e) access and non-operational times for maintenance and other operational purposes.
(3) TfNSW is to determine the Standard Working Timetable (including any alteration or replacement of that timetable) in consultation with the public transport agencies concerned.
(4) The Standard Working Timetable (as in force from time to time) is to be adopted by all public transport agencies as the timetable for the delivery of the transport services for which they are responsible.
(5) The Standard Working Timetable does not operate to prevent timetable changes due to incident management or maintenance.
(6) This clause overrides section 99D (Network control) and any order under that section, to the extent of any inconsistency with this clause.
(7) In this clause,
"public transport agency" includes RTC and TAHE.
6 Provision of rail access
TfNSW may provide persons with access under the current NSW rail access undertaking to the part of the NSW rail network vested in or owned by TfNSW and that is not subject to an ARTC lease or licence.
7 Community transport schemes
TfNSW may allocate funding for and administer or arrange for the administration of any scheme approved by the Minister for the provision of community transport schemes and services.
7A Fare revenue from public passenger services
If authorised by, or under arrangements or contracts made under, this Act, the Passenger Transport Act 1990 or the Passenger Transport Act 2014 , TfNSW may collect, manage and deal with any fare revenue received in respect of the provision of public passenger services by RailCorp, Sydney Trains, NSW Trains, the State Transit Authority, Sydney Metro, Sydney Ferries or any other operator of a public passenger service.
8 Government subsidised travel schemes
(1) TfNSW is to administer, or arrange for the administration of, any scheme approved by the Minister for Government subsidised travel on passenger services.
(2) If the regulations so provide, persons of a class prescribed by the regulations are not entitled to subsidised travel under any such scheme. This subclause applies despite any approval or direction of the Minister or the Anti-Discrimination Act 1977 .
(3) Payments required to be made in accordance with any such scheme are to be made from such money as may be provided by Parliament for the purpose.
Part 2A - Roads and maritime functions
Division 1 - Interpretation
8A Interpretation
(1) In this Part--
"approaches" , in relation to an intersection or railway crossing, means so much of the approaches to the intersection or crossing as consist of roads or road related areas or of parts of roads or road related areas.
"distribution district" of an electricity distribution network service provider means the provider's distribution district within the meaning of the Electricity Supply Act 1995 .
"electricity distribution network service provider" means a distribution network service provider within the meaning of the Electricity Supply Act 1995 .
"electricity structure" means any structure erected or maintained by an electricity distribution network service provider for the purpose of transmission or distribution of electricity or for the purpose of public lighting.
"intersection" means an intersection or junction of roads or road related areas.
"public authority" means a public or local authority constituted by or under an Act, and includes the following--(a) the NSW Police Force,(b) any Government department,(c) a statutory body representing the Crown,(d) a person or body prescribed by the regulations for the purposes of this definition.
"road" has the same meaning as it has in section 4(1) of the Road Transport Act 2013 .
"road related area" has the same meaning as it has in section 4(1) of the Road Transport Act 2013 .
"traffic control facility" means--(a) traffic control lights on roads or road related areas, and equipment used in connection with traffic control lights, or(b) any sign, marking, structure or device containing or relating to a requirement or direction, contravention of which is an offence arising under--(i) this Act or the regulations, or(ii) any other Act, regulation or by-law prescribed for the purposes of this subparagraph, or(c) any other sign, marking, structure or device that is intended to promote safe or orderly traffic movement on roads or road related areas or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards, or(d) any bridge or subway or other facility for use by pedestrians over, across, under or alongside a road or road related area, or(e) any other thing prescribed as a traffic control facility by the regulations.
"traffic route" means--(a) a main road or secondary road within the meaning of the Roads Act 1993 , or(b) a public road within the meaning of that Act (other than a main road or secondary road) in respect of which TfNSW has, by reason of the volume of vehicular or pedestrian traffic carried on it, determined requires lighting to a standard approved by TfNSW.
(2) A reference (however expressed) in this Part to any thing, person or traffic, on a road or road related area, includes a reference to any thing, person or traffic above, over, across, in or under a road or road related area.
(3) This Part does not limit the operation of the other provisions of this Schedule.
Division 2 - Roads and maritime functions
8B General functions of TfNSW
(1) TfNSW has the functions conferred or imposed on it by or under the transport legislation, the National law (within the meaning of the Marine Safety Act 1998 ) or any other Act.
8C Functions relating to traffic management and safety
(1) The functions of TfNSW include the following--(a) to review the traffic arrangements in the State (including arrangements in connection with the movement, regulation and control of traffic and the parking of vehicles),(b) to formulate or adopt plans and proposals for the improvement of those arrangements,(c) to establish general standards and principles in connection with--(i) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, and(ii) the design of intersections and the approaches to them or the approaches to railway level crossings,for purposes connected with traffic safety and the movement, regulation and control of traffic,(d) to promote traffic safety,(e) to co-ordinate the activities of public authorities so far as those activities relate to--(i) the carrying out of plans and proposals formulated or adopted by TfNSW for the improvement of traffic arrangements, or(ii) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, or(iii) traffic safety, or(iv) any other matter connected with TfNSW's functions under this Part.
(2) TfNSW may--(a) promote traffic safety measures or activities, including measures or activities for--(i) the safety and protection of the public, including pedestrians, on roads or road related areas, and(ii) the prevention of accidents on roads or road related areas, and(iii) the minimising of the effect of accidents on roads or road related areas, and(iv) the protection of property from damage from accidents on roads or road related areas, and(b) promote or engage in the dissemination and publication by suitable media of advice and information resulting from research or otherwise for the education and guidance of, and observance by, drivers of or persons travelling in vehicles, or persons on roads or road related areas, or manufacturers of, repairers of, or dealers in, vehicles or vehicle parts, and(c) make reports or recommendations to the Minister for Roads, or any other person or body, in relation to the following--(i) traffic arrangements, and the movement, regulation and control of traffic, on roads or road related areas,(ii) traffic planning,(iii) traffic safety,(iv) the parking of vehicles,(v) the operation, maintenance or alteration of traffic control facilities,(vi) any other matter connected with TfNSW's functions under this Part, and(d) carry out or promote research or investigations into matters connected with any of TfNSW's functions under this Part including research or investigations into--(i) traffic control facilities, and(ii) the cause of accidents, their incidence and the ways and means that may be adopted for their prevention or for controlling or mitigating their effects.
8D Functions relating to bus services safety
(1) TfNSW is to monitor the following matters relating to the safe operation of bus services--(a) the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of bus services,(b) the performance of owners or operators of bus services in connection with the safe operation of those services,(c) the compliance by transport authorities with any safety management systems required to be implemented by them under any other Act or law or conditions of accreditation.
(2) TfNSW is to disseminate information to the public relating to the safety of bus services as TfNSW considers appropriate.
(3) In this section and clause 8E of Schedule 1--
"transport authority" means--(a) the State Transit Authority, or(b) any other person or body prescribed by the regulations as a transport authority for the purposes of this definition.
8E Auditing of transport authorities and owners and operators of bus services
(1) TfNSW may, for the purposes of exercising its functions relating to the safety of bus services, conduct audits of the compliance of transport authorities and owners or operators of bus services with requirements applicable to them under this or any other Act.
(2) Audits may be conducted on a periodic or other basis.
8F Disclosure of information by TfNSW
(1) TfNSW may, if TfNSW thinks it necessary for the safe operation of a bus service, disclose information acquired by TfNSW in the performance of TfNSW's functions under this or any other Act to any other person.
(2) TfNSW may, if TfNSW thinks it desirable for the promotion of the safe operation of a bus service, publish any information, including the report of a transport safety inquiry.
(3) A publication under subsection (2) must not identify a person by name.
(4) This section does not permit the disclosure of information in contravention of section 46E of the Passenger Transport Act 1990 .
8G Monitoring compliance with report recommendations
(1) TfNSW may monitor, and advise the Minister on, the compliance by transport authorities and operators providing bus services or ferry services with the recommendations of reports of investigations and inquiries into transport accidents or incidents involving the safety of bus services or ferry services, including reports of the following kinds--(a) reports by the Chief Investigator,(b) transport safety inquiry reports,(c) reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,(d) an inquest or inquiry under the Coroners Act 2009 .
(2) In this section--
"transport authority" means--(a) the State Transit Authority, or(b) Sydney Ferries, or(c) any other person or body prescribed by the regulations as a transport authority for the purposes of this section.
8H Miscellaneous functions of TfNSW
(1) Without limiting any other functions conferred or imposed on it, TfNSW may--(a) conduct any business, whether or not related to its activities under this or any other Act, and for that purpose use any property or the services of any staff of TfNSW, and(d) engage, by delegation or otherwise, the National Heavy Vehicle Regulator to carry out activities or exercise functions under this Act or another Act on its behalf, and(e) exercise any functions conferred on TfNSW for the purposes of the Heavy Vehicle National Law (whether conferred by delegation under that Law or under an agreement entered into by TfNSW for that purpose).
(2) TfNSW may exercise its functions within or outside New South Wales.
Division 3 - Directions and recommendations to public authorities
8I Directions to public authorities
(1) TfNSW may, from time to time, direct public authorities to implement plans or proposals formulated or adopted, general standards or general principles established, or other decisions made, by TfNSW in the exercise of TfNSW's functions under this Part.
(2) TfNSW may communicate directions under this section to such public authorities, and in such manner, as it thinks fit.
(3) While a direction communicated to a public authority under this section and applicable to its functions is in force, it is the duty of the public authority, by the exercise of its functions in accordance with law, to comply with the direction, except if to do so--(a) would be impracticable because of emergency, accident or other special circumstances, or(b) would affect the functions of any person or body with respect to the laying or making of any information or complaint, the continuance or discontinuance of any proceedings for an alleged offence or any other manner of dealing with an alleged offence.
(4) The failure of a public authority to comply with a direction of TfNSW under this section does not invalidate any act, matter or thing to which the direction relates, and in particular does not invalidate the construction, erection, affixing or marking of any traffic control facility or any direction that is contained in or relates to the facility.
(5) A direction may be given under this section so as to apply generally or in any particular case or class of cases.
(6) The power to give a direction includes the power to amend or revoke a direction.
(7) TfNSW may bring proceedings in the Supreme Court for an order to require a public authority to comply with a direction under this section.
(8) The Supreme Court may, in any such proceedings, make such order as it thinks fit.
8J Recommendations as to lighting of roads and road related areas
(1) TfNSW may, for the purpose of promoting traffic safety, make recommendations to a public authority in relation to the public authority's functions in connection with the lighting of roads or road related areas, including recommendations in relation to the following--(a) general principles relating to the provision of lighting on roads or road related areas,(b) the need for lighting on any particular road or road related area or part of a road or road related area,(c) the need for the improvement of lighting on any particular road or road related area or part of a road or road related area.
(2) It is the duty of a public authority to which recommendations are made under this section to give them proper consideration and, as far as may be reasonably practicable, to carry them into effect.
8K Inter-relationship of Division with law relating to local government
(1) If the provisions of this Division are inconsistent with the provisions of the Local Government Act 1993 (or any statutory rule made under any Act), the provisions of this Division prevail.
(2) Nothing in this Division applies to or in respect of any sign, mark, structure or device containing or relating to a requirement or direction, contravention of which gives rise to an offence under the Local Government Act 1993 (or any regulation under that Act), but not under any other Act or regulation.
(3) Any person who or body which would not, but for this subsection, have the power to co-operate with, or do or perform any act or thing in conjunction with, TfNSW is authorised by this section so to co-operate or do or perform the act or thing.
Part 3 - Ancillary functions
9 Power to contract
(1) TfNSW may make or enter into contracts or arrangements with any person in connection with the exercise of TfNSW's functions.
(2) This clause does not limit the operation of any provision of the Passenger Transport Act 1990 .
9A Power to appoint agents and act as agent
TfNSW may appoint agents and act as agent for other persons.
10 Sale, lease or other disposal of land
TfNSW may sell, lease or otherwise dispose of any of TfNSW's land.
11 Acquisition of land
(1) TfNSW may, for the purpose of the exercise of TfNSW's functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .
(2) The other purposes for which land may be acquired under subclause (1) include for the purposes of a future sale, lease or disposal, that is, to enable TfNSW to exercise its functions in relation to land under this Act.
(3) An acquisition of land under this clause is not void merely because it is expressed to be for the purposes of exercising the functions of TfNSW or for the purposes of this Act.
(4) Without limiting the generality of this clause, the purposes for which land may be acquired under this clause include acquiring land for future use for transport infrastructure or services.
12 Application of Public Works Act 1912
(1) For the purposes of the Public Works Act 1912 , any acquisition of land under clause 11 is taken to be for an authorised work and TfNSW is, in relation to the authorised work, taken to be the Constructing Authority.
(2) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes for which the land was acquired.
13 Other functions concerning land
(1) TfNSW may, with the consent of the owner of any land, exercise in relation to the land any function that TfNSW could so exercise if TfNSW were the owner of the land.
(2) TfNSW may exercise in relation to any land in which TfNSW holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest.
14 Regulations
(1) The regulations may make provision for or with respect to passenger transport facilities (including light rail systems) provided in the exercise of TfNSW's functions.
(2) In particular, the regulations may make provision for or with respect to--(a) the terms and conditions on which passengers or other persons use those facilities, and(b) the use of and access to those facilities, and(c) the protection and preservation of those facilities, and(d) the security, safety and order of persons using those facilities.