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Queensland
TRANSPORT (BUSWAY AND
LIGHT RAIL) AMENDMENT
BILL 2000
Queensland
TRANSPORT (BUSWAY AND LIGHT
RAIL) AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 22 (Definitions for ch 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 75 (Scope of chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 84 (Granting accreditation) . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 88 (Amending accreditation conditions on
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 89 (Amending accreditation conditions without
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 90 (Suspending or cancelling accreditation) . . . . . . . . . . 13
11 Amendment of s 91 (Immediate suspension of accreditation) . . . . . . . . . . . 13
12 Insertion of new chs 7A--7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 7A--BUSWAYS AND BUSWAY TRANSPORT
INFRASTRUCTURE
PART 1--PRELIMINARY
180A Definition for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
180B Ways of achieving busway objectives . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND POWERS
180C Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Transport (Busway and Light Rail)
Amendment
180D Authority to enter or temporarily occupy or use land . . . . . . . . . . . . 15
180E When land may be entered, occupied or used . . . . . . . . . . . . . . . . . 16
180F Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--ESTABLISHMENT OF BUSWAYS
180G Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
180H Declaration of land as busway land . . . . . . . . . . . . . . . . . . . . . . . . . . 18
180I Effect on land of busway declaration . . . . . . . . . . . . . . . . . . . . . . . . . 18
180J Development of busway and busway transport infrastructure . . . . . . 19
PART 4--MANAGEMENT OF BUSWAY LAND AND
BUSWAY TRANSPORT INFRASTRUCTURE
Division 1--Transport infrastructure interaction
180K Altering road levels by a local government . . . . . . . . . . . . . . . . . . . . 19
180L Permitted construction by local government of roads over
or under busway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
180M Designation of busway land for use as road under local
government control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
180N Designation of busway land for use as State-controlled road . . . . . . 22
180O No presumption of dedication of road . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Interfering with busway transport infrastructure
180P Interfering with busway transport infrastructure . . . . . . . . . . . . . . . . . 23
180Q Rectifying unauthorised interference or works . . . . . . . . . . . . . . . . . 24
Division 3--Public utility plant
180R Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
180S Retention of ownership of public utility plant . . . . . . . . . . . . . . . . . . 25
180T Public utility plant on busway land . . . . . . . . . . . . . . . . . . . . . . . . . . 25
180U Chief executive must give provider information . . . . . . . . . . . . . . . . 26
180V Public utility provider to consult with chief executive
before replacing public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . 26
180W Public utility provider to comply with chief executive's
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
180X Chief executive may require public utility provider to alter
position of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
180Y Information by public utility provider to chief executive . . . . . . . . . 27
3
Transport (Busway and Light Rail)
Amendment
180Z Liability for damage caused by failure to comply with
request for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
180ZA Liability for damage caused by failure to give enough detail
about location of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . 28
180ZB Liability for damage caused because of failure to comply with
chief executive's requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
180ZC Liability of public utility provider to pay additional expenses
incurred by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
180ZD Replacement or reconstruction of public utility plant . . . . . . . . . . . 29
Division 4--Use of busway land
180ZE Trespass on busway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 5--Compensation entitlements
180ZF Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
180ZG No entitlement to compensation for particular matters . . . . . . . . . . 31
180ZH Compensation for reduced market value of interest in land . . . . . . 32
180ZI Compensation of person in actual occupation for interference
with enjoyment of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
180ZJ Chief executive may supply or contribute to new access
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
180ZK Obtaining compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
CHAPTER 7B--LIGHT RAIL AND LIGHT RAIL TRANSPORT
INFRASTRUCTURE
PART 1--PRELIMINARY
180ZL Definition for ch 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
180ZM Ways of achieving light rail objectives . . . . . . . . . . . . . . . . . . . . . . 36
PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND POWERS
180ZN Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
180ZO Authority to enter or temporarily occupy or use land . . . . . . . . . . . . 37
180ZP When land may be entered, occupied or used . . . . . . . . . . . . . . . . . 37
180ZQ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 3--ESTABLISHMENT OF LIGHT RAIL
180ZR Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
180ZS Declaration of land as light rail land . . . . . . . . . . . . . . . . . . . . . . . . . 39
180ZT Effect on land of light rail declaration . . . . . . . . . . . . . . . . . . . . . . . . 40
4
Transport (Busway and Light Rail)
Amendment
180ZU Sublease of lease of light rail land . . . . . . . . . . . . . . . . . . . . . . . . . . 41
180ZV Development of light rail and light rail transport infrastructure . . . 42
PART 4--MANAGEMENT OF LIGHT RAIL LAND AND LIGHT
RAIL TRANSPORT INFRASTRUCTURE
Division 1--Transport infrastructure interaction
180ZW Altering road levels by a local government . . . . . . . . . . . . . . . . . . . 43
180ZX Permitted construction by local government of roads over or
under light rail land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
180ZY Designation of light rail land for use as road under local
government control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
180ZZ Designation of light rail land for use as State-controlled road . . . . . 45
180ZZA No presumption of dedication of road . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2--Interfering with light rail transport infrastructure
180ZZB Interfering with light rail transport infrastructure . . . . . . . . . . . . . . 47
180ZZC Rectifying unauthorised interference or works . . . . . . . . . . . . . . . . 48
Division 3--Public utility plant
180ZZD Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
180ZZE Retention of ownership of public utility plant . . . . . . . . . . . . . . . . . 49
180ZZF Public utility plant on light rail land . . . . . . . . . . . . . . . . . . . . . . . . 50
180ZZG Chief executive must give provider information . . . . . . . . . . . . . . 50
180ZZH Public utility provider to consult with chief executive before
replacing public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
180ZZI Public utility provider to comply with light rail authority's
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
180ZZJ Chief executive may require public utility provider to alter
position of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
180ZZK Information by public utility provider to chief executive . . . . . . . 52
180ZZL Liability for damage caused by failure to comply with request
for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
180ZZM Liability for damage caused by failure to give enough detail
about location of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . 53
180ZZN Liability for damage caused because of failure to comply with
light rail authority's requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 53
180ZZO Liability of public utility provider to pay additional expenses
incurred by light rail authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
5
Transport (Busway and Light Rail)
Amendment
180ZZP Replacement or reconstruction of public utility plant . . . . . . . . . . 54
Division 4--Use of light rail land
180ZZQ Trespass on light rail land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 5--Compensation entitlements
180ZZR Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
180ZZS No entitlement to compensation for particular matters . . . . . . . . . 57
180ZZT Compensation for reduced market value of interest in land . . . . . 57
180ZZU Compensation of person in actual occupation for interference
with enjoyment of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
180ZZV Chief executive may supply or contribute to new access
arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
180ZZW Obtaining compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 5--ACCREDITATION PROVISIONS FOR LIGHT RAIL
180ZZX Reference to light rail in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
180ZZY Accreditation of managers and operators . . . . . . . . . . . . . . . . . . . . 61
180ZZZ Applications for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
180ZZZA Additional information for applications . . . . . . . . . . . . . . . . . . . . 61
180ZZZB Giving accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
180ZZZC Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
180ZZZD Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
180ZZZE Requiring accreditation conditions to be complied with . . . . . . . 65
180ZZZF Accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
180ZZZG Amending accreditation conditions on application . . . . . . . . . . . 66
180ZZZH Amending accreditation conditions without application . . . . . . . 66
180ZZZI Suspending or cancelling accreditation . . . . . . . . . . . . . . . . . . . . . 67
180ZZZJ Immediate suspension of accreditation . . . . . . . . . . . . . . . . . . . . . 69
180ZZZK Limited suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . 69
180ZZZL Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
180ZZZM Accreditation for proposed light rail . . . . . . . . . . . . . . . . . . . . . . . 70
PART 6--LIGHT RAIL INCIDENTS
180ZZZN Application of ch 6, pt 6 and other provisions . . . . . . . . . . . . . . . 70
6
Transport (Busway and Light Rail)
Amendment
CHAPTER 7C--INVESTIGATING POTENTIAL BUSWAY OR
LIGHT RAIL
180ZZZO Purpose of ch 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
180ZZZP Definitions for ch 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
180ZZZQ How to apply for investigator's authority . . . . . . . . . . . . . . . . . . . 72
180ZZZR Additional information about application . . . . . . . . . . . . . . . . . . . 73
180ZZZS Giving investigator's authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
180ZZZT Investigator's authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
180ZZZU What investigator must do before land is entered for the first
time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
180ZZZV Investigator to issue associated person with identification . . . . . 76
180ZZZW Pretending to be an investigator or associated person . . . . . . . . 77
180ZZZX Investigator to take care in acting under investigator's
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
180ZZZY Rectification of damage by investigator . . . . . . . . . . . . . . . . . . . . 77
180ZZZZ Compensation payable by investigator . . . . . . . . . . . . . . . . . . . . . 78
180ZZZZA Release of bond or security deposit . . . . . . . . . . . . . . . . . . . . . . 78
180ZZZZB Use of bond or security deposit to repair or rectify . . . . . . . . . . 79
13 Amendment of s 181A (Meaning of "miscellaneous transport
infrastructure") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
14 Insertion of new s 199A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
199A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
15 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 80
16 Amendment of sch 2 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
17 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 3--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
18 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
19 Amendment of ch 11, pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
20 Amendment of s 116 (Appointment of authorised persons for railways) . . . 90
21 Amendment of s 117 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
22 Amendment of s 118 (Producing or displaying authorised person's
identity card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
23 Amendment of s 119 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 92
7
Transport (Busway and Light Rail)
Amendment
24 Amendment of s 155 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART 4--AMENDMENT OF TRANSPORT OPERATIONS (ROAD
USE MANAGEMENT) ACT 1995
25 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
26 Amendment of s 171 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 93
PART 5--AMENDMENT OF TRANSPORT PLANNING AND
COORDINATION ACT 1994
27 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
28 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
29 Amendment of s 23 (Functions of chief executive not limited by
implication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
30 Amendment of s 25 (General powers regarding property) . . . . . . . . . . . . . . 95
31 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
26A Changing requirement for transport land . . . . . . . . . . . . . . . . . . . . . . 95
32 Amendment of s 27 (Power of chief executive to lease, sell or
otherwise dispose of land to transport GOC etc.) . . . . . . . . . . . . . . . . . . . . . 96
2000
A BILL
FOR
An Act to amend Acts administered by the Minister for Transport
and Minister for Main Roads
s1 10 s4
Transport (Busway and Light Rail)
Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Transport (Busway and Light Rail) 4
Amendment Act 2000. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF TRANSPORT 8
INFRASTRUCTURE ACT 1994 9
amended in pt 2 10
Act
Clause 3. This part amends the Transport Infrastructure Act 1994. 11
of s 2 (Objectives of this Act) 12
Amendment
Clause 4. Section 2(2)-- 13
insert-- 14
`(h) for busways and light rail--to establish a regime for each that-- 15
(i) contributes to overall transport effectiveness and efficiency; 16
and 17
(ii) provides for safely constructed, managed and operated 18
infrastructure; and 19
(iii) is responsive to community needs; and 20
s5 11 s6
Transport (Busway and Light Rail)
Amendment
(iv) offers an appealing alternative to private transport in a way 1
that takes into account overall environmental, economic and 2
social influences of transport; and 3
(v) addresses the challenges of future growth; and 4
(vi) provides busway and light rail transport infrastructure and 5
passenger services at a reasonable cost to the community and 6
government; and 7
(vii) results in minimal interference with access to and from the 8
road network, but provides for reasonable compensation for 9
interference; and 10
(viii)encourages the facilitation and use of public transport; and 11
(ix) gives priority to public transport over private vehicles; and 12
(i) for light rail--to establish a regime that provides for-- 13
(i) flexibility in the choice between private and public 14
construction and management; and 15
(ii) land tenure arrangements allowing private management to be 16
established on a sound financial basis.'. 17
of s 22 (Definitions for ch 5) 18
Amendment
Clause 5. Section 22, definitions "plant" and "public utility plant"-- 19
omit. 20
of s 75 (Scope of chapter) 21
Amendment
Clause 6. Section 75(2)(f)-- 22
omit, insert-- 23
`(f) light rail or light rail transport infrastructure; or'. 24
s7 12 s9
Transport (Busway and Light Rail)
Amendment
of s 84 (Granting accreditation) 1
Amendment
Clause 7.(1) Section 84(6)(c)(iii) and (7)(c)-- 2
omit. 3
(2) Section 84-- 4
insert-- 5
`(8) Written notice of a decision given under subsection (6) or (7) must 6
be accompanied by an information notice for the decision.'. 7
of s 88 (Amending accreditation conditions on 8
Amendment
application) 9
Clause 8.(1) Section 88(5)(c)-- 10
omit. 11
(2) Section 88(6)-- 12
renumber as section 88(7). 13
(3) Section 88-- 14
insert-- 15
`(6) The written notice must be accompanied by an information notice for 16
the decision.'. 17
of s 89 (Amending accreditation conditions without 18
Amendment
application) 19
Clause 9.(1) Section 89(5)(c)-- 20
omit. 21
(2) Section 89(7), `subsection (6)'-- 22
omit, insert-- 23
`subsection (7)'. 24
(3) Section 89(6) and (7)-- 25
renumber as section 89(7) and (8). 26
s 10 13 s 12
Transport (Busway and Light Rail)
Amendment
(4) Section 89-- 1
insert-- 2
`(6) If subsection (5) applies, written notice of the decision given under 3
subsections (4) and (5) must be accompanied by an information notice for 4
the decision.'. 5
of s 90 (Suspending or cancelling accreditation) 6
Amendment
Clause 10.(1) Section 90(5), from `state--' 7
omit, insert-- 8
`state the reason for the decision.'. 9
(2) Section 90(7)-- 10
omit, insert-- 11
`(7) The notice must state the reason for the decision. 12
`(8) Written notice of a decision given under subsections (4) and (5) or 13
(6) and (7) must be accompanied by an information notice for the 14
decision.'. 15
of s 91 (Immediate suspension of accreditation) 16
Amendment
Clause 11. Section 91(3)-- 17
omit, insert-- 18
`(3) The notice must state the reason for the decision and must be 19
accompanied by an information notice for the decision.'. 20
of new chs 7A--7C 21
Insertion
Clause 12. After section 180-- 22
insert-- 23
s 12 14 s 12
Transport (Busway and Light Rail)
Amendment
`CHAPTER 7A--BUSWAYS AND BUSWAY 1
TRANSPORT INFRASTRUCTURE 2
ART 1--PRELIMINARY 3
`P
for ch 7A 4
`Definition
`180A. In this chapter-- 5
"construction", of busway transport infrastructure, includes each of the 6
following for the infrastructure, to the extent it involves the 7
development of the busway transport infrastructure-- 8
(a) initial construction; 9
(b) improvement of its standard; 10
(c) realignment; 11
(d) widening; 12
(e) extension to accommodate the extension of a busway. 13
of achieving busway objectives 14
`Ways
`180B. The objectives of this Act for busways are intended to be 15
achieved by-- 16
(a) developing and putting into effect busway transport infrastructure 17
strategies; and 18
(b) establishing a legal framework to allow the construction, 19
maintenance, management and operation of busway transport 20
infrastructure in an effective and efficient way. 21
s 12 15 s 12
Transport (Busway and Light Rail)
Amendment
`PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND 1
POWERS 2
unctions 3
`F
`180C. The chief executive has the following functions in relation to 4
busways, including proposed busways, and busway transport infrastructure, 5
including proposed busway transport infrastructure-- 6
(a) investigating, planning, establishing, maintaining, managing or 7
operating, or arranging for someone else to investigate, plan, 8
establish, maintain, manage or operate; 9
(b) providing or arranging for associated services or works necessary 10
or convenient for effective and efficient construction, management 11
and operation; 12
(c) efficiently integrating with any transport infrastructure, including 13
light rail transport infrastructure; 14
(d) providing for appropriate levels of safety in construction, 15
management and operation; 16
(e) doing other things that directly or indirectly-- 17
(i) are likely to enhance the provision of busway transport 18
infrastructure and passenger services on busways; or 19
(ii) are incidental or complementary to the performance of 20
another function. 21
to enter or temporarily occupy or use land 22
`Authority
`180D.(1) For the performance of a function under this chapter, the chief 23
executive, or someone authorised in writing by the chief executive, may-- 24
(a) do 1 or more of the following in relation to land-- 25
(i) enter the land, whether or not for temporarily occupying or 26
using the land; 27
(ii) temporarily occupy the land; 28
(iii) temporarily use the land; and 29
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(b) do anything on the land necessary or convenient for the function, 1
including, for example, for busway transport infrastructure 2
works. 3
`(2) However, the chief executive must not authorise a person to enter 4
land under this section if the entry is a type of entry able to be authorised 5
under an investigator's authority under chapter 7C. 6
land may be entered, occupied or used 7
`When
`180E.(1) This section applies if a person proposes to enter, occupy or 8
use land under this part. 9
`(2) The person may enter, occupy or use the land without the permission 10
of, or notice to, the owner or occupier of the land to perform urgent 11
remedial work to facilitate or maintain the operation of busway transport 12
infrastructure. 13
`(3) However, the person must, if practicable, notify the occupier orally 14
or in writing before entering the land. 15
`(4) If the entry, occupation or use is other than for the performance of 16
urgent remedial work, the person may enter, occupy or use the land if the 17
person-- 18
(a) obtains the written permission of-- 19
(i) each person who is an owner of the land; and 20
(ii) each person who is an occupier of the land; or 21
(b) gives at least 7 days written notice to the occupier before the entry, 22
occupation or use. 23
`(5) The notice under subsection (4)(b) must state-- 24
(a) all works proposed to be performed; and 25
(b) all uses proposed to be made of the land; and 26
(c) details of anything else proposed to be done on the land; and 27
(d) the approximate period when occupation or use is expected to 28
continue; and 29
(e) an owner or occupier of the land may claim compensation from 30
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the chief executive for loss or damage caused by the entry, 1
occupation or use. 2
`(6) A notice may be given under this section even though it is proposed 3
to resume the land for busway transport infrastructure. 4
`(7) Power to enter, occupy or use land under this part does not authorise 5
entry, occupation or use of a structure on the land used solely for residential 6
purposes without the permission of the occupier of the land. 7
8
`Compensation
`180F.(1) This section applies if land is entered, occupied or used under 9
this part. 10
`(2) An owner or occupier of the land may claim compensation from the 11
chief executive for loss or damage caused by the entry, occupation or use, 12
including by the taking or consumption of materials. 13
`(3) However, compensation is payable only if written notice of the claim 14
or proposed claim is given to the chief executive-- 15
(a) after the loss or damage happens, but within 1 year after the entry, 16
occupation or use ends; or 17
(b) at a later time allowed by the chief executive. 18
`(4) In the absence of agreement between the owner or occupier and the 19
chief executive about the payment of compensation, payment of 20
compensation may be claimed and ordered in a proceeding brought in the 21
Land Court. 22
`(5) The Land Court may order compensation to be paid only if it is 23
satisfied it is just to make the order in the circumstances of the particular 24
case. 25
`(6) Compensation paid under this section for loss or damage caused to 26
land must not be more than the compensation that would have been 27
awarded if the land had been acquired. 28
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Transport (Busway and Light Rail)
Amendment
ART 3--ESTABLISHMENT OF BUSWAYS 1
`P
for pt 3 2
`Definition
`180G. In this part-- 3
"road" means a road under the Land Act 1994, but does not include a 4
State-controlled road. 5
of land as busway land 6
`Declaration
`180H.(1) The Minister may, by gazette notice, declare land to be 7
busway land. 8
`(2) Land declared to be busway land-- 9
(a) must be-- 10
(i) identified specifically in the gazette notice; or 11
(ii) identified generally in the gazette notice, and identified 12
specifically in documents described in the gazette notice and 13
available for perusal at an office of the department mentioned 14
in the gazette notice; and 15
(b) must consist only of land for a busway and necessary busway 16
transport infrastructure. 17
`(3) The identification of land declared to be busway land may, but need 18
not, be by reference to strata occupied by the land. 19
`(4) Land may be declared to be busway land only if it is-- 20
(a) land acquired by the State or the chief executive for busway 21
purposes, including for busway transport infrastructure; or 22
(b) a road. 23
on land of busway declaration 24
`Effect
`180I.(1) If a road or a part of a road is declared under this part to be 25
busway land, the road or part-- 26
(a) stops being a road; and 27
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(b) becomes unallocated State land. 1
`(2) If a lot or a part of a lot under the Land Title Act 1994 is declared 2
under this part to be busway land, the lot or part becomes unallocated State 3
land. 4
`(3) Busway land can not be declared under section 23 to be a 5
State-controlled road. 6
`(4) The Governor in Council must lease busway land that is unallocated 7
State land to the State under the Land Act 1994, section 17.1 8
`(5) The lease is in perpetuity and, if demanded, for a rent of $1 a year. 9
of busway and busway transport infrastructure 10
`Development
`180J.(1) This section applies to the establishment of a busway, 11
including any investigating, planning, maintaining, managing, operating, 12
and arranging for the busway or for busway transport infrastructure for the 13
busway. 14
`(2) Nothing in this chapter is intended to affect the operation of the 15
Integrated Planning Act 1997 to the extent that the establishment of the 16
busway is development under that Act. 17
ART 4--MANAGEMENT OF BUSWAY LAND AND 18
`P
BUSWAY TRANSPORT INFRASTRUCTURE 19
`Division 1--Transport infrastructure interaction 20
road levels by a local government 21
`Altering
`180K.(1) The chief executive may require a local government having 22
control of a road to alter the level of the road for-- 23
1 Land Act 1994, section 17 (Granting land to the State)
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Amendment
(a) busway transport infrastructure works; or 1
(b) the management or operation of a busway. 2
`(2) However, the chief executive-- 3
(a) must consult with the local government about the nature and 4
extent of the alteration of the level of the road before the alteration 5
is started; and 6
(b) subject to an agreement between the chief executive and the local 7
government arising out of the consultation, pay all reasonable 8
costs incurred by the local government in altering the road level. 9
`(3) The local government must comply with the chief executive's 10
requirement. 11
construction by local government of roads over or under 12
`Permitted
busway land 13
`180L.(1) Despite section 180I(1), the chief executive may permit a local 14
government to construct, maintain and operate a road located on busway 15
land, consisting of-- 16
(a) a bridge or other structure allowing traffic to pass over the level at 17
which buses use the busway land; or 18
(b) a structure allowing traffic to pass under the level at which buses 19
use the busway land. 20
`(2) The permission may be given on reasonable conditions. 21
`(3) In deciding whether to give the permission, the chief executive must 22
consider the limiting effect the use of the road is likely to have on the use of 23
the busway land for busway passenger services. 24
`(4) While the bridge or other structure is being used for the road-- 25
(a) neither the chief executive nor any person the chief executive has 26
permitted to operate a bus using the busway land has any duty or 27
liability for the road or its use or operation; and 28
(b) the road is taken to be a road of which the local government has 29
control under the Local Government Act 1993, section 901(1); 30
and 31
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(c) the road is taken to be a road under any Act about the use of 1
vehicles on a road. 2
`(5) Unless the chief executive and the local government otherwise 3
agree-- 4
(a) the local government is responsible for maintaining the road and 5
the bridge or other structure; and 6
(b) if the bridge or other structure stops being used for the road, the 7
local government is responsible for the cost of taking the bridge 8
or other structure away and of restoring the busway land. 9
of busway land for use as road under local government 10
`Designation
control 11
`180M.(1) Despite section 180I(1), the chief executive may, by gazette 12
notice, designate busway land described in the notice as busway land that is 13
to be used as a road under a local government's control. 14
`(2) The chief executive must also-- 15
(a) give a copy of the notice to the local government; and 16
(b) publish a copy of the notice in a newspaper circulating generally 17
in the area of the busway land. 18
`(3) The land described in the notice must be land generally suitable for 19
both of the following-- 20
(a) use as a road; 21
(b) the operation of a busway. 22
`(4) The notice may include directions with which the local government 23
must comply, including directions about the local government's exercise of 24
powers under the Local Government Act 1993 for roads it controls. 25
`(5) However, the chief executive must consult with the local government 26
before including any directions in the notice. 27
`(6) While the notice is in force, the land described in the notice is taken 28
to be-- 29
(a) a road of which the local government has control under the Local 30
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Transport (Busway and Light Rail)
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Government Act 1993, section 901(1); and 1
(b) a road under any Act about the use of vehicles on a road. 2
`(7) However, in taking the necessary steps mentioned in the Local 3
Government Act 1993, section 901(2), the local government must comply 4
with all directions included in the notice, including the notice as amended 5
from time to time. 6
of busway land for use as State-controlled road 7
`Designation
`180N.(1) Despite section 180I(1), the Minister may, by gazette notice, 8
designate busway land described in the notice as busway land to be used as 9
a State-controlled road. 10
`(2) The Minister must also publish a copy of the notice in a newspaper 11
circulating generally in the area of the busway land. 12
`(3) The land described in the notice must be land generally suitable for 13
both of the following-- 14
(a) use as a State-controlled road; 15
(b) the operation of a busway. 16
`(4) The notice may include operational arrangements applying to the use 17
of the busway land as a State-controlled road. 18
`(5) While the notice is in force, the land described in the notice is, except 19
to the extent provided for in the notice, taken to be-- 20
(a) a State-controlled road for the provisions of this Act, other than 21
chapter 5, part 2, division 1 and part 5, division 3, and of any 22
other Act applying to State-controlled roads; and 23
(b) a road under any Act about the use of vehicles on a road. 24
presumption of dedication of road 25
`No
`180O.(1) This section applies if the public uses busway land as a road, 26
or for access purposes other than as a road. 27
`(2) The busway land does not at law, either because the use is authorised 28
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Transport (Busway and Light Rail)
Amendment
or permitted by the chief executive or for another reason, become dedicated 1
to public use as a road. 2
2--Interfering with busway transport infrastructure 3
`Division
with busway transport infrastructure 4
`Interfering
`180P.(1) A person must not interfere with or carry out works on 5
busway transport infrastructure unless-- 6
(a) the person has the written approval of the chief executive; or 7
(b) the interference or works are for the construction, maintenance or 8
operation of a road permitted under this part to be constructed, 9
maintained and operated across, over or under the busway 10
transport infrastructure; or 11
(c) the interference or works are otherwise authorised under this Act 12
or another Act. 13
Maximum penalty--160 penalty units. 14
`(2) Subsection (1) applies even if the interference or works are for the 15
carrying out of functions that apart from subsection (1) are lawful on 16
busway land that, under division 1, is taken to be-- 17
(a) a road of which a local government has control under the Local 18
Government Act 1993, section 901(1); or 19
(b) a State-controlled road for provisions of any Act applying to 20
State-controlled roads. 21
`(3) An approval under subsection (1)(a) may be given on reasonable 22
conditions. 23
`(4) The person given the approval must comply with the conditions of 24
the approval. 25
Maximum penalty--40 penalty units. 26
`(5) Subsection (1) does not apply to the carrying out of urgent 27
maintenance of a busway or busway transport infrastructure. 28
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unauthorised interference or works 1
`Rectifying
`180Q.(1) This section applies if a person (the "identified person") 2
interferes with or carries out works on busway transport infrastructure in 3
contravention of section 180P(1). 4
`(2) The chief executive may, by written notice given to the identified 5
person, require the person to rectify the interference, or the effect of the 6
carrying out of the works, within a stated reasonable time. 7
`(3) The identified person must comply with the notice unless the person 8
has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
`(4) If the identified person does not comply with the notice, the chief 11
executive may rectify the interference or the effect of the carrying out of the 12
works. 13
`(5) The identified person must pay the amount of the chief executive's 14
reasonable costs of-- 15
(a) rectifying the interference or the effect of the carrying out of the 16
works; or 17
(b) changing the way the busway transport infrastructure is built, 18
maintained or operated because of the interference or the effect of 19
the carrying out of the works. 20
`(6) The chief executive may recover the amount as a debt. 21
`(7) In this section-- 22
"rectify the interference" includes the following-- 23
(a) alter, dismantle or take away works; 24
(b) fix damage caused by the interference. 25
`Division 3--Public utility plant 26
for div 3 27
`Definition
`180R. In this division-- 28
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Amendment
"busway land" means busway land that, when declared under this chapter 1
to be busway land, was a road or part of a road. 2
of ownership of public utility plant 3
`Retention
`180S.(1) This section applies if, immediately before the declaration of 4
land as busway land public utility plant is located on the land. 5
`(2) The declaration does not affect the ownership of the public utility 6
plant. 7
utility plant on busway land 8
`Public
`180T.(1) A public utility provider may do the following things on 9
busway land-- 10
(a) build, replace or take away, or alter, other than for maintenance or 11
repair, its public utility plant; 12
(b) maintain or repair, or alter, for maintenance or repair, its public 13
utility plant; 14
(c) take reasonable steps to stop obstruction or potential obstruction 15
to, or interference or potential interference with, its public utility 16
plant. 17
`(2) However, the provider may do things mentioned in subsection (1) 18
only if the chief executive agrees in writing. 19
`(3) The chief executive must not unreasonably withhold agreement. 20
`(4) Despite subsection (2), a public utility provider may, if acting in the 21
interests of public safety, carry out urgent maintenance of its public utility 22
plant on busway land without the written agreement of the chief executive, 23
but only if the provider-- 24
(a) makes all reasonable attempts to obtain the chief executive's oral 25
agreement to the carrying out of the maintenance; and 26
(b) whether or not the chief executive's oral agreement is obtained, 27
acts as quickly as possible to advise the chief executive of the 28
details of the maintenance being carried out. 29
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Transport (Busway and Light Rail)
Amendment
`(5) Building or altering public utility plant under subsection (1)(a) does 1
not affect the ownership of the plant. 2
executive must give provider information 3
`Chief
`180U. If asked in writing by a public utility provider, the chief executive 4
must give the provider information about lines and levels for planned 5
busway transport infrastructure on busway land necessary to enable the 6
provider to minimise possible adverse affects of the establishment of the 7
infrastructure on the provider's works. 8
utility provider to consult with chief executive before replacing 9
`Public
public utility plant 10
`180V.(1) If a public utility provider proposes to replace the whole or a 11
substantial proportion of its public utility plant on busway land, the provider 12
must, before seeking written agreement under section 180T, consult with 13
the chief executive. 14
`(2) The object of the consultation is to identify mutually beneficial 15
arrangements for the replacement of the public utility plant, having regard to 16
existing development plans for the busway land. 17
utility provider to comply with chief executive's agreement 18
`Public
`180W.(1) This section applies if, in relation to busway land, a public 19
utility provider does something mentioned in section 180T(1) 20
(the "relevant action")-- 21
(a) without the written or oral agreement of the chief executive 22
required under section 180T; or 23
(b) in a way inconsistent with an agreement with the chief executive; 24
or 25
(c) in a way inconsistent with a regulation about how things 26
mentioned in section 180T(1) are to be done. 27
`(2) The chief executive may, by written notice given to the public utility 28
provider, require the provider, at the provider's cost, and within the time 29
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Amendment
stated in the notice, to take action to remedy the relevant action. 1
`(3) The time stated in the notice must be a time that is reasonable in the 2
circumstances. 3
`(4) If the provider does not comply with the notice, the chief executive 4
may arrange for action the chief executive considers necessary to remedy 5
the relevant action. 6
`(5) The chief executive's reasonable expenses in arranging for the action 7
to be carried out is a debt payable by the provider to the chief executive. 8
executive may require public utility provider to alter position of 9
`Chief
public utility plant 10
`180X.(1) The chief executive may require a public utility provider to 11
alter the position of the provider's public utility plant on busway land if the 12
chief executive considers that the plant will interfere with the exercise of the 13
chief executive's powers for the busway land. 14
`(2) The chief executive is responsible only for the cost of altering the 15
position of the public utility plant. 16
by public utility provider to chief executive 17
`Information
`180Y.(1) If, in relation to public utility plant on busway land, a public 18
utility provider does something mentioned in section 180T(1), the provider 19
must prepare records adequately defining the location of the plant. 20
`(2) A public utility provider owning public utility plant located on 21
busway land must, if asked by the chief executive, give the chief executive 22
information adequately defining the location of the plant. 23
Maximum penalty for subsection (2)--40 penalty units. 24
for damage caused by failure to comply with request for 25
`Liability
information 26
`180Z.(1) This section applies if-- 27
(a) the chief executive causes damage to public utility plant located on 28
busway land; and 29
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Amendment
(b) before the damage was caused, the chief executive had asked for 1
information under section 180Y(2) from the public utility 2
provider owning the public utility plant; and 3
(c) the provider had not, within a reasonable time, complied with the 4
request; and 5
(d) the damage was caused because of the failure to comply with the 6
request. 7
`(2) Unless the chief executive otherwise agrees, the chief executive is not 8
liable for the damage. 9
for damage caused by failure to give enough detail about 10
`Liability
location of public utility plant 11
`180ZA.(1) This section applies if-- 12
(a) the chief executive causes damage to public utility plant located on 13
busway land; and 14
(b) information supplied to the chief executive under section 180Y(2) 15
did not define in enough detail the location of the plant; and 16
(c) the damage was caused because of the failure to define in enough 17
detail the location of the plant. 18
`(2) Unless the chief executive otherwise agrees, the chief executive is not 19
liable for the damage. 20
for damage caused because of failure to comply with chief 21
`Liability
executive's requirements 22
`180ZB.(1) This section applies if-- 23
(a) the chief executive causes damage to public utility plant located on 24
busway land; and 25
(b) the damage is caused because the public utility provider owing the 26
plant did something mentioned in section 180T(1) in relation to 27
the plant other than under the chief executive's requirements 28
under this division. 29
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`(2) Unless the chief executive otherwise agrees, the chief executive is not 1
liable for the damage. 2
of public utility provider to pay additional expenses incurred 3
`Liability
by chief executive 4
`180ZC.(1) This section applies if the chief executive incurs additional 5
expense in carrying out busway transport infrastructure works on busway 6
land because a public utility provider-- 7
(a) did not supply within a reasonable time information asked for by 8
the chief executive under section 180Y(2); or 9
(b) in supplying information to the chief executive, did not define in 10
enough detail the location of public utility plant; or 11
(c) did something mentioned in section 180T(1) in relation to public 12
utility plant other than under the chief executive's requirements 13
under this division. 14
`(2) The public utility provider is liable to pay the chief executive the 15
additional expense. 16
or reconstruction of public utility plant 17
`Replacement
`180ZD.(1) If the carrying out of busway transport infrastructure works 18
on busway land by or for the chief executive requires taking away or 19
replacing public utility plant, the chief executive can not be compelled to 20
replace or reconstruct the plant in its previous location and form. 21
`(2) If the plant is replaced or reconstructed-- 22
(a) it must be done under the chief executive's requirements; and 23
(b) it must be at the chief executive's expense, but the cost to the chief 24
executive of replacement or reconstruction may be reduced by 25
agreement between the chief executive and the public utility 26
provider owning the plant after taking into account-- 27
(i) the remaining life of the plant; and 28
(ii) the salvage or scrap value of the plant; and 29
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(iii) additional expense incurred because of inaccurate 1
information supplied by the provider about the location of 2
the plant; and 3
(iv) additional expense incurred because the plant was not 4
constructed in accordance with the chief executive's 5
requirements. 6
4--Use of busway land 7
`Division
respass on busway land 8
`T
`180ZE.(1) A person must not be on busway land if the person does not 9
have the permission of the chief executive to be on the busway land. 10
Maximum penalty--40 penalty units. 11
`(2) For subsection (1), permission may be given, for example-- 12
(a) expressly, by signs, structures, textured pavement or painted lines 13
designating points for vehicles or pedestrians to cross the busway 14
land; or 15
(b) impliedly, by the absence of demarcation between ordinary road 16
and the pavement of the busway land. 17
`(3) Subsection (1) does not apply to a person who is on busway land if, 18
under division 1, the busway land is taken to be-- 19
(a) a road of which a local government has control under the Local 20
Government Act 1993, section 901(1); or 21
(b) a State-controlled road. 22
`(4) A regulation may include rules about the use by the following of 23
busway land-- 24
(a) buses operating on a busway established on the busway land; 25
(b) persons having the permission of the chief executive to be on the 26
busway land. 27
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`Division 5--Compensation entitlements 1
for div 5 2
`Definitions
`180ZF. In this division-- 3
"access", for land, means-- 4
(a) access to the land from the road network, whether or not through 5
other land; or 6
(b) access from the land to the road network, whether or not through 7
other land. 8
"busway land" means busway land that, when declared under this chapter 9
to be busway land, was a road or part of a road. 10
"establishment", of busway transport infrastructure on busway land, 11
includes the following-- 12
(a) initial construction of the busway transport infrastructure on the 13
busway land; 14
(b) construction for changing or adding to busway transport 15
infrastructure previously constructed on the busway land; 16
(c) putting in place the arrangements under which persons are 17
permitted or not permitted to be on the busway land. 18
"interference", with access, includes loss or reduction of access. 19
entitlement to compensation for particular matters 20
`No
`180ZG.(1) A person having an interest in land (the "relevant land") 21
has no entitlement at law, except to the extent this division provides, to 22
compensation for a matter listed in subsection (2), to the extent the matter is 23
caused by-- 24
(a) the establishment of a busway; or 25
(b) the establishment or proposed establishment of busway transport 26
infrastructure on busway land; or 27
(c) the operation of a busway on busway land. 28
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`(2) The matters are-- 1
(a) the adverse affect on the amenity or likely amenity of the 2
neighbourhood of the relevant land; and 3
(b) interference with an activity of a business, commercial, industrial 4
or residential nature carried out on the relevant land; and 5
(c) loss or damage arising directly or indirectly from interference 6
with access for the relevant land; and 7
(d) the reduction or loss of a right of access for the relevant land and 8
loss or damage caused by the reduction or loss of the right of 9
access. 10
for reduced market value of interest in land 11
`Compensation
`180ZH.(1) A person who has an interest in land (the "relevant land") 12
is entitled to compensation if the establishment of busway transport 13
infrastructure on busway land (the "infrastructure"), when completed, is a 14
cause of interference (the "interference") with access for the relevant land. 15
`(2) Subsection (1) applies only if-- 16
(a) either of the following applies-- 17
(i) the busway land joins directly with the relevant land or with 18
land ("access land") giving access for the relevant land 19
because of an easement or other right or interest; 20
(ii) the busway land does not join directly with the relevant land 21
or with access land, but it is possible to travel from the 22
relevant land or access land to the busway land by travelling 23
only over road; and 24
(b) the practical effect of the interference is substantially greater in 25
nature and extent than the practical effect of interference with 26
access for the relevant land that might reasonably be expected to 27
be experienced from time to time in changes to the operation of 28
the road network; and 29
(c) the practical effect of the interference is that there is a direct and 30
substantial interference with practicable access for the relevant 31
land compared with the practicable access existing for the relevant 32
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Amendment
land before the establishment of the infrastructure. 1
`(3) The amount of the compensation is the amount by which the market 2
value of the interest may fairly be said to have been reduced because of the 3
interference now affecting the relevant land. 4
`(4) However, the compensation must not be more than the 5
compensation that would have been awarded if the interest had been 6
acquired. 7
of person in actual occupation for interference with 8
`Compensation
enjoyment of land 9
`180ZI.(1) A person is entitled to compensation if-- 10
(a) the person is in actual occupation of land (the "relevant land") 11
when the establishment of busway transport infrastructure on 12
busway land (the "infrastructure") is completed; and 13
(b) the establishment of the infrastructure is a cause of interference 14
with access (the "access interference") for the relevant land; and 15
(c) the access interference is a cause of interference (the "enjoyment 16
interference") with the person's enjoyment of the relevant land. 17
`(2) Subsection (1) applies only if-- 18
(a) either of the following applies-- 19
(i) the busway land joins directly with the relevant land or with 20
land ("access land") giving access for the relevant land 21
because of an easement or other right or interest; 22
(ii) the busway land does not join directly with the relevant land 23
or with access land, but it is possible to travel from the 24
relevant land or access land to the busway land by travelling 25
only over road; and 26
(b) the practical effect of the access interference is substantially 27
greater in nature and extent than the practical effects of 28
interference with access for the relevant land that might 29
reasonably be expected to be experienced from time to time in 30
changes to the operation of the road network; and 31
s 12 34 s 12
Transport (Busway and Light Rail)
Amendment
(c) the practical effect of the access interference is that there is a direct 1
and substantial interference with practicable access for the relevant 2
land compared with the practicable access existing for the relevant 3
land before the establishment of the infrastructure. 4
`(3) The amount of the compensation is an amount fairly representing, in 5
the particular circumstances, the likely cost to the person of the enjoyment 6
interference, starting from when the establishment of the infrastructure is 7
completed. 8
`(4) In calculating the compensation, no regard is to be had to the 9
reduction in the market value of an interest the person may have in the 10
relevant land. 11
executive may supply or contribute to new access arrangements 12
`Chief
`180ZJ.(1) The chief executive may, having regard to the establishment, 13
or proposed establishment, of busway transport infrastructure on busway 14
land, enter into an agreement with a person who is the owner or occupier of 15
land (the "relevant land") for-- 16
(a) the supply by the chief executive, or a contribution by the chief 17
executive towards the supply, of works for alternative access for 18
the relevant land; or 19
(b) the carrying out, or a contribution towards the carrying out, of 20
other works in relation to the relevant land for the purpose of 21
access for the land. 22
`(2) A person's entitlement to compensation under this division is 23
reduced to the extent provided for in an agreement under subsection (1). 24
compensation 25
`Obtaining
`180ZK.(1) A person claiming to be entitled to compensation under this 26
division may apply in writing to the chief executive for the compensation. 27
`(2) The application must be made-- 28
(a) within 12 months after the establishment of busway transport 29
infrastructure on busway land giving rise to the claim for 30
compensation; or 31
s 12 35 s 12
Transport (Busway and Light Rail)
Amendment
(b) within a longer time agreed by the chief executive. 1
`(3) If, within 60 days after the person applies under subsection (1), or a 2
longer time agreed between the person and the chief executive, no 3
agreement has been reached between the person and the chief executive on 4
the application-- 5
(a) the person may apply to the Land Court for the compensation; or 6
(b) the chief executive may apply to the Land Court to have the 7
compensation decided by the court. 8
`(4) The Land Court has jurisdiction to deal with an application made to it 9
under subsection (3), including jurisdiction to require the chief executive to 10
pay the person compensation decided by the court. 11
`CHAPTER 7B--LIGHT RAIL AND LIGHT RAIL 12
TRANSPORT INFRASTRUCTURE 13
ART 1--PRELIMINARY 14
`P
for ch 7B 15
`Definition
`180ZL. In this chapter-- 16
"construction", of light rail transport infrastructure, includes each of the 17
following for the infrastructure, to the extent it involves the 18
development of the light rail transport infrastructure-- 19
(a) initial construction; 20
(b) improvement of its standard; 21
(c) realignment; 22
(d) widening; 23
(e) extension to accommodate the extension of a light rail. 24
s 12 36 s 12
Transport (Busway and Light Rail)
Amendment
of achieving light rail objectives 1
`Ways
`180ZM. The objectives of this Act for light rail are intended to be 2
achieved by-- 3
(a) developing and putting into effect light rail transport infrastructure 4
strategies; and 5
(b) establishing a legal framework to allow the construction, 6
maintenance, management and operation of light rail transport 7
infrastructure in an effective and efficient way. 8
`PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND 9
POWERS 10
unctions 11
`F
`180ZN. The chief executive has the following functions in relation to 12
light rail, including a proposed light rail, and light rail transport 13
infrastructure, including proposed light rail transport infrastructure-- 14
(a) investigating, planning, establishing, maintaining, managing or 15
operating, or arranging for someone else to investigate, plan, 16
establish, maintain, manage or operate; 17
(b) providing or arranging for associated services or works necessary 18
or convenient for effective and efficient construction, management 19
and operation; 20
(c) efficiently integrating with any transport infrastructure, including 21
busway transport infrastructure; 22
(d) providing for appropriate levels of safety in construction, 23
management and operation; 24
(e) doing other things that directly or indirectly-- 25
(i) are likely to enhance the provision of light rail transport 26
infrastructure and passenger services on light rail; or 27
s 12 37 s 12
Transport (Busway and Light Rail)
Amendment
(ii) are incidental or complementary to the performance of 1
another function. 2
to enter or temporarily occupy or use land 3
`Authority
`180ZO.(1) For the performance of a function under this chapter, the 4
chief executive, or someone authorised in writing by the chief executive, 5
may-- 6
(a) do 1 or more of the following in relation to land-- 7
(i) enter the land, whether or not for temporarily occupying or 8
using the land; 9
(ii) temporarily occupy the land; 10
(iii) temporarily use the land; and 11
(b) do anything on the land necessary or convenient for the function, 12
including, for example, for light rail transport infrastructure 13
works. 14
`(2) However, the chief executive must not authorise a person to enter 15
land under this section if the entry is a type of entry able to be authorised 16
under an investigator's authority under chapter 7C. 17
land may be entered, occupied or used 18
`When
`180ZP.(1) This section applies if a person proposes to enter, occupy or 19
use land under this part. 20
`(2) The person may enter, occupy or use the land without the permission 21
of, or notice to, the owner or occupier of the land to perform urgent 22
remedial work to facilitate or maintain the operation of light rail transport 23
infrastructure. 24
`(3) However, the person must, if practicable, notify the occupier orally 25
or in writing before entering the land. 26
`(4) If the entry, occupation or use is other than for the performance of 27
urgent remedial work, the person may enter, occupy or use the land if the 28
person-- 29
s 12 38 s 12
Transport (Busway and Light Rail)
Amendment
(a) obtains the written permission of-- 1
(i) each person who is an owner of the land; and 2
(ii) each person who is an occupier of the land; or 3
(b) gives at least 7 days written notice to the occupier before the entry, 4
occupation or use. 5
`(5) The notice under subsection (4)(b) must state-- 6
(a) all works proposed to be performed; and 7
(b) all uses proposed to be made of the land; and 8
(c) details of anything else proposed to be done on the land; and 9
(d) the approximate period when occupation or use is expected to 10
continue; and 11
(e) that an owner or occupier of the land may claim compensation 12
from the chief executive for loss or damage caused by the entry, 13
occupation or use. 14
`(6) A notice may be given under this section even though it is proposed 15
to resume the land for light rail transport infrastructure. 16
`(7) Power to enter, occupy or use land under this part does not authorise 17
entry, occupation or use of a structure on the land used solely for residential 18
purposes without the permission of the occupier of the land. 19
20
`Compensation
`180ZQ.(1) This section applies if land is entered, occupied or used 21
under this part. 22
`(2) An owner or occupier of the land may claim compensation from the 23
chief executive for loss or damage caused by the entry, occupation or use, 24
including by the taking or consumption of materials. 25
`(3) However, compensation is payable only if written notice of the claim 26
or proposed claim is given to the chief executive-- 27
(a) after the loss or damage happens, but within 1 year after the entry, 28
occupation or use ends; or 29
s 12 39 s 12
Transport (Busway and Light Rail)
Amendment
(b) at a later time allowed by the chief executive. 1
`(4) In the absence of agreement between the owner or occupier and the 2
chief executive about the payment of compensation, payment of 3
compensation may be claimed and ordered in a proceeding brought in the 4
Land Court. 5
`(5) The Land Court may order compensation to be paid only if it is 6
satisfied it is just to make the order in the circumstances of the particular 7
case. 8
`(6) Compensation paid under this section for loss or damage caused to 9
land must not be more than the compensation that would have been 10
awarded if the land had been acquired. 11
`PART 3--ESTABLISHMENT OF LIGHT RAIL 12
for pt 3 13
`Definition
`180ZR. In this part-- 14
"road" means a road under the Land Act 1994, but does not include a 15
State-controlled road. 16
of land as light rail land 17
`Declaration
`180ZS.(1) The Minister may, by gazette notice, declare land to be light 18
rail land. 19
`(2) Land declared to be light rail land-- 20
(a) must be-- 21
(i) identified specifically in the gazette notice; or 22
(ii) identified generally in the gazette notice, and identified 23
specifically in documents described in the gazette notice and 24
available for perusal at an office of the department mentioned 25
in the gazette notice; and 26
s 12 40 s 12
Transport (Busway and Light Rail)
Amendment
(b) must consist only of land for a light rail and necessary light rail 1
transport infrastructure. 2
`(3) The identification of land declared to be light rail land may, but need 3
not, be by reference to strata occupied by the land. 4
`(4) Land may be declared to be light rail land only if it is-- 5
(a) land acquired by the State or the chief executive for light rail 6
purposes, including for light rail transport infrastructure; or 7
(b) busway land, but only if it is the subject of a lease to the State 8
under the Land Act 1994, section 17;2 or 9
(c) a road. 10
on land of light rail declaration 11
`Effect
`180ZT.(1) If a road or a part of a road is declared under this part to be 12
light rail land, the road or part-- 13
(a) stops being a road; and 14
(b) becomes unallocated State land. 15
`(2) If a lot or a part of a lot under the Land Title Act 1994 is declared 16
under this part to be light rail land, the lot or part becomes unallocated State 17
land. 18
`(3) If busway land is declared under this part to be light rail land-- 19
(a) any lease of the land under the Land Act 1994, section 17 20
provided for under chapter 7A ends; and 21
(b) the land stops being busway land and becomes unallocated State 22
land. 23
`(4) Light rail land can not be declared under section 23 to be a 24
State-controlled road. 25
`(5) The Governor in Council must lease light rail land that is unallocated 26
State land to the State under the Land Act 1994, section 17. 27
`(6) The lease is in perpetuity and, if demanded, for a rent of $1 a year. 28
2 Land Act 1994, section 17 (Granting land to the State)
s 12 41 s 12
Transport (Busway and Light Rail)
Amendment
of lease of light rail land 1
`Sublease
`180ZU.(1) The State may sublease its lease of light rail land to a light 2
rail manager for a light rail established or proposed to be established on the 3
light rail land on terms negotiated and agreed between the parties. 4
`(2) For the Land Act 1994, section 332(1)(b),3 the light rail manager is 5
eligible to hold a sublease of the lease. 6
`(3) The first sublease under subsection (1) (the "original sublease") 7
may include an option to renew the sublease, and any subsequent sublease 8
may in turn include an option to renew. 9
`(4) The terms of any option and any subsequent sublease are to be those 10
negotiated and agreed between the parties. 11
`(5) The Land Act 1994, section 336(2)(a)4 does not apply to a document 12
of amendment of the original sublease or any subsequent sublease. 13
`(6) If the light rail manager attaches light rail transport infrastructure to 14
the land the subject of the original sublease or a subsequent sublease, the 15
infrastructure immediately becomes the property of the chief executive 16
unless the parties to the sublease agree it is to become the property of the 17
chief executive at a later time. 18
`(7) Despite any agreement under subsection (6), the infrastructure, if it 19
has not already become the property of the chief executive, becomes the 20
property of the chief executive-- 21
(a) if there is no subsequent sublease--at the end of the original 22
sublease; or 23
(b) if there is only 1 subsequent sublease--at the end of the 24
subsequent sublease; or 25
(c) if there are 2 or more subsequent subleases--at the end of the last 26
of the subsequent subleases. 27
`(8) Neither the original sublease nor any subsequent sublease stops 28
being a sublease only because-- 29
3 Land Act 1994, section 332 (Subleases require Minister's approval)
4 Land Act 1994, section 336 (Amending a sublease)
s 12 42 s 12
Transport (Busway and Light Rail)
Amendment
(a) under part 4, land the subject of the sublease is taken to be a 1
State-controlled road or a road under the control of a local 2
government; or 3
(b) persons are expressly or impliedly permitted by the chief 4
executive under this chapter to be on the subleased land. 5
`(9) This section does not stop the granting of a lease or sublease to a 6
light rail manager for a light rail, other than under this section, of land that is 7
not light rail land but on which there is, or is proposed to be, light rail 8
transport infrastructure. 9
`(10) In this section-- 10
"light rail land" means light rail land that is leased to the State under the 11
Land Act 1994, section 17.5 12
of light rail and light rail transport infrastructure 13
`Development
`180ZV.(1) This section applies to the establishment of a light rail, 14
including all investigating, planning, maintaining, managing, operating, and 15
arranging for the light rail or for light rail transport infrastructure for the 16
light rail. 17
`(2) Nothing in this chapter is intended to affect the operation of the 18
Integrated Planning Act 1997 to the extent that the establishment of the light 19
rail is development under that Act. 20
5 Land Act 1994, section 17 (Granting land to the State)
s 12 43 s 12
Transport (Busway and Light Rail)
Amendment
ART 4--MANAGEMENT OF LIGHT RAIL LAND 1
`P
AND LIGHT RAIL TRANSPORT INFRASTRUCTURE 2
`Division 1--Transport infrastructure interaction 3
road levels by a local government 4
`Altering
`180ZW.(1) The chief executive may require a local government having 5
control of a road to alter the level of the road for-- 6
(a) light rail transport infrastructure works; or 7
(b) the management or operation of a light rail. 8
`(2) However, the chief executive-- 9
(a) must consult with the local government about the nature and 10
extent of the alteration of the level of the road before the alteration 11
is started; and 12
(b) subject to an agreement between the chief executive and the local 13
government arising out of the consultation, pay all reasonable 14
costs incurred by the local government in altering the road level. 15
`(3) The local government must comply with the chief executive's 16
requirements. 17
construction by local government of roads over or under 18
`Permitted
light rail land 19
`180ZX.(1) Despite section 180ZT(1), the chief executive may permit a 20
local government to construct, maintain and operate a road located on light 21
rail land, consisting of-- 22
(a) a bridge or other structure allowing traffic to pass over the level at 23
which light rail vehicles use the light rail land; or 24
(b) a structure allowing traffic to pass under the level at which light 25
rail vehicles use the light rail land. 26
`(2) However, if there is a light rail manager for a light rail established on 27
the light rail land, the chief executive must consult with the light rail 28
s 12 44 s 12
Transport (Busway and Light Rail)
Amendment
manager before deciding whether to give the permission. 1
`(3) The permission may be given on reasonable conditions. 2
`(4) In deciding whether to give the permission, the chief executive must 3
consider the limiting effect the use of the road is likely to have on the use of 4
the light rail land for light rail passenger services. 5
`(5) While the bridge or other structure is being used for the road-- 6
(a) none of the following has any duty or liability for the road or its 7
use or operation-- 8
(i) the chief executive; 9
(ii) if there is a light rail manager for a light rail established on 10
the light rail land, the manager; 11
(iii) if there is a light rail operator for a light rail established on 12
the light rail land, the operator; and 13
(b) the road is taken to be a road of which the local government has 14
control under the Local Government Act 1993, section 901(1); 15
and 16
(c) the road is taken to be a road under any Act about the use of 17
vehicles on a road. 18
`(6) Unless the chief executive and the local government otherwise 19
agree-- 20
(a) the local government is responsible for maintaining the road and 21
the bridge or other structure; and 22
(b) if the bridge or other structure stops being used for the road, the 23
local government is responsible for the cost of taking the bridge 24
or other structure away and of restoring the light rail land. 25
of light rail land for use as road under local government 26
`Designation
control 27
`180ZY.(1) Despite section 180ZT(1), the chief executive may, by 28
gazette notice, designate light rail land described in the notice as light rail 29
land that is to be used as a road under a local government's control. 30
s 12 45 s 12
Transport (Busway and Light Rail)
Amendment
`(2) The chief executive must also-- 1
(a) give a copy of the notice to the local government; and 2
(b) publish a copy of the notice in a newspaper circulating generally 3
in the area of the light rail land. 4
`(3) If there is a light rail manager for a light rail established on the light 5
rail land, the chief executive must consult with the light rail manager before 6
designating the light rail land under the notice. 7
`(4) The land described in the notice must be land generally suitable for 8
both of the following-- 9
(a) use as a road; 10
(b) the operation of a light rail. 11
`(5) The notice may include directions with which the local government 12
must comply, including directions about the local government's exercise of 13
powers under the Local Government Act 1993 for roads it controls. 14
`(6) However, the chief executive must consult with the local government 15
before including any directions in the notice. 16
`(7) While the notice is in force, the land described in the notice is taken 17
to be-- 18
(a) a road of which the local government has control under the Local 19
Government Act 1993, section 901(1); and 20
(b) a road under any Act about the use of vehicles on a road. 21
`(8) However, in taking the necessary steps mentioned in the Local 22
Government Act 1993, section 901(2), the local government must comply 23
with all directions included in the notice, including the notice as amended 24
from time to time. 25
of light rail land for use as State-controlled road 26
`Designation
`180ZZ.(1) Despite section 180ZT(1), the Minister may, by gazette 27
notice, designate light rail land described in the notice as light rail land to be 28
used as a State-controlled road. 29
`(2) The Minister must also publish a copy of the notice in a newspaper 30
s 12 46 s 12
Transport (Busway and Light Rail)
Amendment
circulating generally in the area of the light rail land. 1
`(3) If there is a light rail manager for a light rail established on the light 2
rail land, the Minister must consult with the manager before designating the 3
light rail land under the notice. 4
`(4) The land described in the notice must be land generally suitable for 5
both of the following-- 6
(a) use as a State-controlled road; 7
(b) the operation of a light rail. 8
`(5) The notice may include operational arrangements applying to the use 9
of the light rail land as a State-controlled road. 10
`(6) While the notice is in force, the land described in the notice is, except 11
to the extent provided for in the notice, taken to be-- 12
(a) a State-controlled road for the provisions of this Act, other than 13
chapter 5, part 2, division 1 and part 5, division 3,6 and of any 14
other Act, applying to State-controlled roads; and 15
(b) a road under any Act about the use of vehicles on a road. 16
presumption of dedication of road 17
`No
`180ZZA.(1) This section applies if the public uses light rail land as a 18
road, or for access purposes other than as a road. 19
`(2) The light rail land does not at law, either because the use is 20
authorised or permitted by the chief executive or for another reason, become 21
dedicated to public use as a road. 22
6 Chapter 5 (Road transport infrastructure), part 2 (State-controlled roads),
division 1 (Declaration of State-controlled roads) and part 5 (Management of
State-controlled roads), division 3 (Public utility plant on State-controlled roads)
s 12 47 s 12
Transport (Busway and Light Rail)
Amendment
`Division 2--Interfering with light rail transport infrastructure 1
with light rail transport infrastructure 2
`Interfering
`180ZZB.(1) A person must not interfere with or carry out works on 3
light rail transport infrastructure unless-- 4
(a) the person has the written approval of-- 5
(i) if there is a light rail manager for a light rail established for 6
the light rail transport infrastructure--the manager; or 7
(ii) otherwise--the chief executive; or 8
(b) the interference or works are for the construction, maintenance or 9
operation of a road permitted under this part to be constructed, 10
maintained and operated across, over or under the light rail 11
transport infrastructure; or 12
(c) the interference or works are otherwise authorised under this Act 13
or another Act. 14
Maximum penalty--160 penalty units. 15
`(2) Subsection (1) applies even if the interference or works are for the 16
carrying out of functions that apart from subsection (1) are lawful on light 17
rail land that, under division 1, is taken to be-- 18
(a) a road of which a local government has control under the Local 19
Government Act 1993, section 901(1); or 20
(b) a State-controlled road for provisions of any Act applying to 21
State-controlled roads. 22
`(3) An approval under subsection (1)(a) may be given on reasonable 23
conditions. 24
`(4) However, a light rail manager for a light rail may give the approval 25
only if the chief executive-- 26
(a) has been consulted about the giving of the approval; and 27
(b) has approved all conditions to which the approval is subject. 28
`(5) The person given the approval must comply with the conditions of 29
the approval. 30
s 12 48 s 12
Transport (Busway and Light Rail)
Amendment
Maximum penalty--40 penalty units. 1
`(6) Subsection (1) does not apply to the carrying out of urgent 2
maintenance of a light rail or light rail transport infrastructure. 3
unauthorised interference or works 4
`Rectifying
`180ZZC.(1) This section applies if a person (the "identified person") 5
interferes with or carries out works on light rail transport infrastructure in 6
contravention of section 180ZZB(1). 7
`(2) If there is a light rail manager for a light rail established for the light 8
rail transport infrastructure, the manager may, by written notice given to the 9
identified person, require the person to rectify the interference or the effect 10
of the carrying out of the works within a stated reasonable time. 11
`(3) The light rail manager may give the identified person the notice only 12
if the chief executive-- 13
(a) has been consulted about the giving of the notice; and 14
(b) has approved the terms of the notice. 15
`(4) If subsection (2) does not apply, the chief executive may, by written 16
notice given to the identified person, require the person to rectify the 17
interference, or the effect of the carrying out of the works, within a stated 18
reasonable time. 19
`(5) The identified person must comply with a notice given under 20
subsection (2) or (4), unless the person has a reasonable excuse. 21
Maximum penalty--40 penalty units. 22
`(6) If the identified person does not comply with the notice, the person 23
who gave the notice (the "notifier") may rectify the interference or the 24
effect of the carrying out of the works. 25
`(7) The identified person must pay the amount of the notifier's 26
reasonable costs of-- 27
(a) rectifying the interference or the effect of the carrying out of the 28
works; or 29
(b) changing the way the light rail transport infrastructure is built, 30
maintained or operated because of the interference or the effect of 31
s 12 49 s 12
Transport (Busway and Light Rail)
Amendment
the carrying out of the works. 1
`(8) The notifier may recover the amount as a debt. 2
`(9) In this section-- 3
"rectify the interference" includes the following-- 4
(a) alter, dismantle or take away works; 5
(b) fix damage caused by the interference. 6
`Division 3--Public utility plant 7
for div 3 8
`Definitions
`180ZZD. In this division-- 9
"busway land" means busway land that, when declared under chapter 7A 10
to be busway land, was a road or part of a road. 11
"light rail authority", for light rail land, means-- 12
(a) if there is a light rail manager for a light rail established, or 13
proposed to be established, on the light rail land--each of the 14
following-- 15
(i) the chief executive; 16
(ii) the light rail manager; or 17
(b) otherwise--the chief executive. 18
"light rail land" means light rail land that, when declared under this chapter 19
to be light rail land, was-- 20
(a) a road or part of a road; or 21
(b) busway land. 22
of ownership of public utility plant 23
`Retention
`180ZZE.(1) This section applies if, immediately before the declaration 24
of land as light rail land public utility plant is located on the land. 25
s 12 50 s 12
Transport (Busway and Light Rail)
Amendment
`(2) The declaration does not affect the ownership of the public utility 1
plant. 2
utility plant on light rail land 3
`Public
`180ZZF.(1) A public utility provider may do the following things on 4
light rail land-- 5
(a) build, replace or take away, or alter, other than for maintenance or 6
repair, its public utility plant; 7
(b) maintain or repair, or alter, for maintenance or repair, its public 8
utility plant; 9
(c) take reasonable steps to stop obstruction or potential obstruction 10
to, or interference or potential interference with, its public utility 11
plant. 12
`(2) However, the provider may do things mentioned in subsection (1) 13
only if each light rail authority for the light rail land agrees in writing. 14
`(3) A light rail authority must not unreasonably withhold agreement. 15
`(4) Despite subsection (2), a public utility provider may, if acting in the 16
interests of public safety, carry out urgent maintenance of its public utility 17
plant on light rail land without the written agreement of each light rail 18
authority for the light rail land, but only if the provider-- 19
(a) makes all reasonable attempts to obtain each authority's oral 20
agreement to the carrying out of the maintenance; and 21
(b) whether or not each authority's oral agreement is obtained, acts as 22
quickly as possible to advise each authority of the details of the 23
maintenance being carried out. 24
`(5) Building or altering public utility plant does not affect the ownership 25
of the plant. 26
executive must give provider information 27
`Chief
`180ZZG. If asked in writing by a public utility provider, the chief 28
executive must give the provider information about lines and levels for 29
planned light rail transport infrastructure on light rail land necessary to 30
s 12 51 s 12
Transport (Busway and Light Rail)
Amendment
enable the provider to minimise possible adverse affects of the 1
establishment of the infrastructure on the provider's works. 2
utility provider to consult with chief executive before replacing 3
`Public
public utility plant 4
`180ZZH.(1) If a public utility provider proposes to replace the whole or 5
a substantial proportion of its public utility plant on light rail land, the 6
provider must, before seeking written agreement under section 180ZZF, 7
consult with each entity that is a light rail authority for the light rail land. 8
`(2) The object of the consultation is to identify mutually beneficial 9
arrangements for the replacement of the public utility plant, having regard to 10
existing development plans for the light rail land. 11
utility provider to comply with light rail authority's agreement 12
`Public
`180ZZI.(1) This section applies if, in relation to light rail land, a public 13
utility provider does something mentioned in section 180ZZF(1) 14
(the "relevant action")-- 15
(a) without the written or oral agreement of a light rail authority 16
required under section 180ZZF; or 17
(b) in a way inconsistent with an agreement with a light rail authority 18
for the light rail land; or 19
(c) in a way inconsistent with a regulation about how things 20
mentioned in section 180ZZF(1) are to be done. 21
`(2) If this section applies because of subsection (1)(a) or (b), the light 22
rail authority may, by written notice given to the public utility provider, 23
require the provider, at the provider's cost, and within the time stated in the 24
notice, to take action to remedy the relevant action. 25
`(3) If this section applies because of subsection (1)(c), the chief 26
executive may, by written notice given to the public utility provider, require 27
the provider, at the provider's cost, and within the time stated in the notice, 28
to take action to remedy the relevant action. 29
`(4) The time stated in a notice under subsection (2) or (3) must be a time 30
that is reasonable in the circumstances. 31
s 12 52 s 12
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`(5) If the provider does not comply with the notice, the light rail 1
authority giving the notice to the provider may arrange for action the 2
authority considers necessary to remedy the relevant action. 3
`(6) The light rail authority's reasonable expenses in arranging for the 4
action to be carried out is a debt payable by the provider to the light rail 5
authority. 6
executive may require public utility provider to alter position of 7
`Chief
public utility plant 8
`180ZZJ.(1) The chief executive may require a public utility provider to 9
alter the position of the provider's public utility plant on light rail land if the 10
chief executive considers that the plant will interfere with the exercise of the 11
chief executive's powers for the light rail land. 12
`(2) The chief executive is responsible only for the cost of altering the 13
position of the public utility plant. 14
by public utility provider to chief executive 15
`Information
`180ZZK.(1) If, in relation to public utility plant on light rail land, a 16
public utility provider does something mentioned in section 180ZZF(1), the 17
provider must prepare records adequately defining the location of the plant. 18
`(2) A public utility provider owning public utility plant located on light 19
rail land must, if asked by a light rail authority for the light rail land, give the 20
light rail authority information adequately defining the location of the plant. 21
Maximum penalty for subsection (2)--40 penalty units. 22
for damage caused by failure to comply with request for 23
`Liability
information 24
`180ZZL.(1) This section applies if-- 25
(a) a light rail authority for light rail land causes damage to public 26
utility plant located on the light rail land; and 27
(b) before the damage was caused, the light rail authority had asked 28
for information under section 180ZZK(2) from the public utility 29
s 12 53 s 12
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provider owning the public utility plant; and 1
(c) the provider had not, within a reasonable time, complied with the 2
request; and 3
(d) the damage was caused because of the failure to comply with the 4
request. 5
`(2) Unless the light rail authority otherwise agrees, the authority is not 6
liable for the damage. 7
for damage caused by failure to give enough detail about 8
`Liability
location of public utility plant 9
`180ZZM.(1) This section applies if-- 10
(a) a light rail authority for light rail land cause damage to public 11
utility plant located on the light rail land; and 12
(b) information supplied to the light rail authority under 13
section 180ZZK(2) did not define in enough detail the location of 14
the plant; and 15
(c) the damage was caused because of the failure to define in enough 16
detail the location of the plant. 17
`(2) Unless the light rail authority otherwise agrees, the authority is not 18
liable for the damage. 19
for damage caused because of failure to comply with light 20
`Liability
rail authority's requirements 21
`180ZZN.(1) This section applies if-- 22
(a) a light rail authority for light rail land causes damage to public 23
utility plant located on the light rail land; and 24
(b) the damage was caused because the public utility provider owing 25
the plant did something mentioned in section 180ZZF(1) in 26
relation to the plant other than under the light rail authority's 27
requirements under this division. 28
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`(2) Unless the light rail authority otherwise agrees, the authority is not 1
liable for the damage. 2
of public utility provider to pay additional expenses incurred 3
`Liability
by light rail authority 4
`180ZZO.(1) This section applies if a light rail authority for light rail land 5
incurs additional expense in carrying out light rail transport infrastructure 6
works on the light rail land because a public utility provider-- 7
(a) did not supply within a reasonable time information asked for by 8
the authority under section 180ZZK(2); or 9
(b) in supplying information to the authority, did not define in enough 10
detail the location of public utility plant; or 11
(c) did something mentioned in section 180ZZF(1) in relation to 12
public utility plant other than under the authority's requirements 13
under this division. 14
`(2) The public utility provider is liable to pay the light rail authority the 15
additional expense. 16
or reconstruction of public utility plant 17
`Replacement
`180ZZP.(1) If the carrying out of light rail transport infrastructure 18
works by or for a light rail authority for light rail land requires taking away 19
or replacing public utility plant, the light rail authority can not be compelled 20
to replace or reconstruct the plant in its previous location and form. 21
`(2) If the plant is replaced or reconstructed-- 22
(a) it must be done under the light rail authority's requirements; and 23
(b) it must be at the authority's expense, but the cost to the authority 24
of replacement or reconstruction may be reduced by agreement 25
between the authority and the public utility provider owning the 26
plant after taking into account-- 27
(i) the remaining life of the plant; and 28
(ii) the salvage or scrap value of the plant; and 29
s 12 55 s 12
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(iii) additional expense incurred because of inaccurate 1
information supplied by the provider about the location of 2
the plant; and 3
(iv) additional expense incurred because the plant was not 4
constructed in accordance with the authority's requirements. 5
`Division 4--Use of light rail land 6
on light rail land 7
`Trespass
`180ZZQ.(1) A person must not be on light rail land if the person does 8
not have the permission of the relevant person for the light rail land to be on 9
the light rail land 10
Maximum penalty--40 penalty units. 11
`(2) For subsection (1), permission may be given, for example-- 12
(a) expressly, by signs, structures, textured pavement or painted lines 13
designating points for vehicles or pedestrians to cross the light rail 14
land; or 15
(b) impliedly, by the absence of demarcation between ordinary road 16
and pavement incorporating light rail track on the light rail land. 17
`(3) Subsection (1) does not apply to a person who is on light rail land if, 18
under division 1, the light rail land is taken to be-- 19
(a) a road of which a local government has control under the Local 20
Government Act 1993, section 901(1); or 21
(b) a State-controlled road. 22
`(4) A regulation may include rules about the use by the following of 23
light rail land-- 24
(a) light rail vehicles operating on a light rail established on the light 25
rail land; 26
(b) persons having the permission of the relevant person for the light 27
rail land to be on the light rail land. 28
`(5) In this section-- 29
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"relevant person", for light rail land, means-- 1
(a) if there is a light rail manager for a light rail established on the 2
light rail land--the light rail manager; or 3
(b) otherwise--the chief executive. 4
`Division 5--Compensation entitlements 5
for div 5 6
`Definitions
`180ZZR. In this division-- 7
"access", for land, means-- 8
(a) access to the land from the road network, whether or not through 9
other land; or 10
(b) access from the land to the road network, whether or not through 11
other land. 12
"busway land" means busway land that, when declared under chapter 7A 13
to be busway land, was a road or part of a road. 14
"establishment", of light rail transport infrastructure on light rail land, 15
includes the following-- 16
(a) initial construction of the light rail transport infrastructure on the 17
light rail land; 18
(b) construction for changing or adding to light rail transport 19
infrastructure previously constructed on the light rail land; 20
(c) putting in place the arrangements under which persons are 21
permitted or not permitted to be on the light rail land. 22
"interference", with access, includes loss or reduction of access. 23
"light rail land" means light rail land that, when declared under this chapter 24
to be light rail land, was-- 25
(a) a road or part of a road; or 26
(b) busway land. 27
s 12 57 s 12
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entitlement to compensation for particular matters 1
`No
`180ZZS.(1) A person having an interest in land (the "relevant land") 2
has no entitlement at law, except to the extent this division provides, to 3
compensation for a matter listed in subsection (2), to the extent the matter is 4
caused by-- 5
(a) the establishment of a light rail; or 6
(b) the establishment or proposed establishment of light rail transport 7
infrastructure on light rail land; or 8
(c) the operation of a light rail on light rail land. 9
`(2) The matters are-- 10
(a) the adverse affect on the amenity or likely amenity of the 11
neighbourhood of the relevant land; and 12
(b) interference with an activity of a business, commercial, industrial 13
or residential nature carried out on the relevant land; and 14
(c) loss or damage arising directly or indirectly from interference 15
with access for the relevant land; and 16
(d) the reduction or loss of a right of access for the relevant land and 17
loss or damage caused by the reduction or loss of the right of 18
access. 19
for reduced market value of interest in land 20
`Compensation
`180ZZT.(1) A person who has an interest in land (the "relevant land") 21
is entitled to compensation if the establishment of light rail transport 22
infrastructure on light rail land (the "infrastructure"), when completed, is a 23
cause of interference (the "interference") with access for the relevant land. 24
`(2) Subsection (1) applies only if-- 25
(a) either of the following applies-- 26
(i) the light rail land joins directly with the relevant land or with 27
land ("access land") giving access for the relevant land 28
because of an easement or other right or interest; 29
(ii) the light rail land does not join directly with the relevant land 30
s 12 58 s 12
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Amendment
or with access land, but it is possible to travel from the 1
relevant land or access land to the light rail land by travelling 2
only over road; and 3
(b) the practical effect of the interference is substantially greater in 4
nature and extent than the practical effect of interference with 5
access for the relevant land that might reasonably be expected to 6
be experienced from time to time in changes to the operation of 7
the road network; and 8
(c) the practical effect of the access interference is that there is a direct 9
and substantial interference with practicable access for the relevant 10
land compared with the practicable access existing for the relevant 11
land before the establishment of the infrastructure. 12
`(3) The amount of the compensation is the amount by which the market 13
value of the interest may fairly be said to have been reduced because of the 14
interference now affecting the relevant land. 15
`(4) However, the compensation must not be more than the 16
compensation that would have been awarded if the interest had been 17
acquired. 18
of person in actual occupation for interference with 19
`Compensation
enjoyment of land 20
`180ZZU.(1) A person is entitled to compensation if-- 21
(a) the person is in actual occupation of land (the "relevant land") 22
when the establishment of light rail transport infrastructure on 23
light rail land (the "infrastructure") is completed; and 24
(b) the establishment of the infrastructure is a cause of interference 25
with access (the "access interference") for the relevant land; and 26
(c) the access interference is a cause of interference (the "enjoyment 27
interference") with the person's enjoyment of the relevant land. 28
`(2) Subsection (1) applies only if-- 29
(a) either of the following applies-- 30
(i) the light rail land joins directly with the relevant land or with 31
land ("access land") giving access for the relevant land 32
s 12 59 s 12
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because of an easement or other right or interest; 1
(ii) the light rail land does not join directly with the relevant land 2
or with access land, but it is possible to travel from the 3
relevant land or access land to the light rail land by travelling 4
only over road; and 5
(b) the practical effect of the access interference is substantially 6
greater in nature and extent than the practical effects of 7
interference with access for the relevant land that might 8
reasonably be expected to be experienced from time to time in 9
changes to the operation of the road network; and 10
(c) the practical effect of the access interference is that there is a direct 11
and substantial interference with practicable access for the relevant 12
land compared with the practicable access existing for the relevant 13
land before the infrastructure. 14
`(3) The amount of the compensation is an amount fairly representing, in 15
the particular circumstances, the likely cost to the person of the enjoyment 16
interference, starting from when the establishment of the infrastructure is 17
completed. 18
`(4) In calculating the compensation, no regard is to be had to the 19
reduction in the market value of an interest the person may have in the 20
relevant land. 21
executive may supply or contribute to new access arrangements 22
`Chief
`180ZZV.(1) The chief executive may, having regard to the 23
establishment, or proposed establishment, of light rail transport 24
infrastructure on light rail land, enter into an agreement with a person who is 25
the owner or occupier of land (the "relevant land") for-- 26
(a) the supply by the chief executive, or a contribution by the chief 27
executive towards the supply, of works for alternative access for 28
the relevant land; or 29
(b) the carrying out, or a contribution towards the carrying out, of 30
other works in relation to the relevant land for the purpose of 31
access for the land. 32
s 12 60 s 12
Transport (Busway and Light Rail)
Amendment
`(2) A person's entitlement to compensation under this division is 1
reduced to the extent provided for in an agreement under subsection (1). 2
compensation 3
`Obtaining
`180ZZW.(1) A person claiming to be entitled to compensation under 4
this division may apply in writing to the chief executive for the 5
compensation. 6
`(2) The application must be made-- 7
(a) within 12 months after the establishment of light rail transport 8
infrastructure on light rail land giving rise to the claim for 9
compensation; or 10
(b) within a longer time agreed by the chief executive. 11
`(3) If, within 60 days after the person applies under subsection (1), or a 12
longer time agreed between the person and the chief executive, no 13
agreement has been reached between the person and the chief executive on 14
the application-- 15
(a) the person may apply to the Land Court for the compensation; or 16
(b) the chief executive may apply to the Land Court to have the 17
compensation decided by the court. 18
`(4) The Land Court has jurisdiction to deal with an application made to it 19
under subsection (3), including jurisdiction to require the chief executive to 20
pay the person compensation decided by the court. 21
ART 5--ACCREDITATION PROVISIONS FOR 22
`P
LIGHT RAIL 23
to light rail in pt 5 24
`Reference
`180ZZX. In this part, other than in this section, section 180ZZY and 25
section 180ZZZM, a reference to a light rail is a reference to a light rail that 26
is-- 27
s 12 61 s 12
Transport (Busway and Light Rail)
Amendment
(a) established on light rail land; or 1
(b) proposed to be established on light rail land; or 2
(c) proposed to be established on land proposed to become light rail 3
land. 4
of managers and operators 5
`Accreditation
`180ZZY.(1) A person must not manage a light rail on light rail land 6
unless the person is accredited as the light rail manager for the light rail. 7
Maximum penalty--160 penalty units. 8
`(2) A person must not operate rolling stock on a light rail on light rail 9
land unless the person is accredited as a light rail operator for the light rail. 10
Maximum penalty--160 penalty units. 11
for accreditation 12
`Applications
`180ZZZ. A person may apply to the chief executive for accreditation 13
as-- 14
(a) the light rail manager for a light rail; or 15
(b) a light rail operator for a light rail; or 16
(c) the light rail manager and a light rail operator for a light rail. 17
information for applications 18
`Additional
`180ZZZA.(1) The chief executive may, by written notice, require an 19
applicant to give the chief executive the stated written information the chief 20
executive reasonably requires to consider the application. 21
`(2) The chief executive may reject the application if the applicant does 22
not comply with the requirement within a stated reasonable time, not less 23
than 28 days, without reasonable excuse. 24
s 12 62 s 12
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Amendment
accreditation 1
`Giving
`180ZZZB.(1) The chief executive must promptly consider an 2
application for accreditation and give, or refuse to give, the accreditation. 3
`(2) The chief executive must accredit an applicant as the light rail 4
manager for a light rail if satisfied-- 5
(a) the applicant-- 6
(i) is accredited in another State to manage a similar type of 7
light rail; or 8
(ii) has the competency and capacity to manage the light rail 9
safely; and 10
(b) the applicant has an appropriate safety management system; and 11
(c) the applicant has the financial capacity or public risk insurance 12
arrangements to meet reasonable potential accident liabilities for 13
the light rail; and 14
(d) the applicant has rights of access to all land the applicant needs for 15
the establishment and operation of the light rail; and 16
(e) the applicant has rights to the use of all light rail transport 17
infrastructure and other infrastructure the applicant needs for the 18
establishment and operation of the light rail. 19
`(3) The chief executive must accredit an applicant as a light rail operator 20
for a light rail if satisfied-- 21
(a) the applicant-- 22
(i) is accredited in another State to operate rolling stock on a 23
light rail for a similar type of service; or 24
(ii) has the competency and capacity to operate rolling stock on 25
the light rail safely; and 26
(b) the applicant has an appropriate safety management system; and 27
(c) the applicant has the financial capacity or public risk insurance 28
arrangements to meet reasonable potential accident liabilities for 29
the light rail; and 30
(d) the applicant has or will have an agreement with the light rail's 31
s 12 63 s 12
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Amendment
manager that-- 1
(i) authorises the applicant to operate particular rolling stock on 2
the light rail; and 3
(ii) includes appropriate arrangements for the safe operation of 4
the rolling stock. 5
`(4) Subsection (3)(d) does not apply if the applicant is applying for 6
accreditation as both the light rail manager and the light rail operator for the 7
light rail. 8
`(5) In considering a safety management system, the chief executive 9
must consider-- 10
(a) what the applicant proposes for the light rail; and 11
(b) the appropriateness of the safety management system for what the 12
applicant proposes; and 13
(c) the safety levels achievable, consistent with the nature of what the 14
applicant proposes, at a reasonable cost; and 15
(d) the need for efficient and competitive light rail transport services; 16
and 17
(e) consistency with generally accepted risk management principles; 18
and 19
(f) the levels of safety proposed compared with the levels of safety of 20
competing transport modes. 21
`(6) Subsection (5) does not limit what the chief executive may consider 22
in considering a safety management system. 23
`(7) If the chief executive decides to give the accreditation, the chief 24
executive must promptly give the applicant a written notice stating-- 25
(a) the decision; and 26
(b) the details of the accreditation, including its scope; and 27
(c) if the accreditation is given on conditions-- 28
(i) the details of the conditions; and 29
(ii) the reason for the conditions. 30
s 12 64 s 12
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`(8) If the chief executive decides not give the accreditation, the chief 1
executive must promptly give the applicant a written notice stating-- 2
(a) the decision; and 3
(b) the reason for the decision. 4
`(9) A written notice given under subsection (7) or (8) must be 5
accompanied by an information notice for the decision the subject of the 6
notice. 7
levy 8
`Annual
`180ZZZC.(1) A regulation may impose levies on light rail managers 9
and operators for light rail relating to their accreditation on a basis prescribed 10
under the regulation. 11
`(2) The chief executive must give each light rail manager and light rail 12
operator for a light rail written notice of the amount of a levy applying to the 13
manager or operator. 14
`(3) The chief executive may recover the amount of a levy as a debt owed 15
to the chief executive. 16
conditions 17
`Accreditation
`180ZZZD.(1) An accreditation may be subject to conditions. 18
`(2) For the accreditation of a person as the light rail manager for a light 19
rail, a condition must be about-- 20
(a) constructing or maintaining the light rail; or 21
(b) managing the light rail safely, considering the need for efficient 22
and competitive services. 23
`(3) For the accreditation of a person as a light rail operator for a light rail, 24
a condition must be about-- 25
(a) operating rolling stock safely, considering the need for efficient 26
and competitive services; or 27
(b) the person having an agreement with the light rail's manager 28
that-- 29
s 12 65 s 12
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Amendment
(i) authorises the person to operate particular rolling stock on 1
the light rail; and 2
(ii) includes appropriate arrangements for the safe operation of 3
the rolling stock. 4
`(4) However, for either type of accreditation, a condition may also be 5
about-- 6
(a) the person's financial capacity or public risk insurance 7
arrangements to meet reasonable potential accident liabilities for 8
the light rail; or 9
(b) paying accreditation fees; or 10
(c) something else prescribed under a regulation. 11
`(5) An accredited person must comply with each condition of the 12
person's accreditation. 13
Maximum penalty for subsection (5)--40 penalty units. 14
accreditation conditions to be complied with 15
`Requiring
`180ZZZE.(1) This section applies if the chief executive reasonably 16
believes an accredited person has not complied with a condition of the 17
person's accreditation. 18
`(2) The chief executive may, by written notice, require the person to 19
remedy the breach within a reasonable period stated in the notice. 20
`(3) If the person has not complied with the condition of the person's 21
accreditation, the person must comply with the notice. 22
Maximum penalty for subsection (3)--60 penalty units. 23
period 24
`Accreditation
`180ZZZF. An accreditation remains in force until it is suspended, 25
cancelled or surrendered. 26
s 12 66 s 12
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accreditation conditions on application 1
`Amending
`180ZZZG.(1) An accredited person may apply to the chief executive for 2
an amendment of the conditions of the person's accreditation. 3
`(2) The chief executive must consider the application and decide whether 4
to make the amendment. 5
`(3) The chief executive may amend a condition only if satisfied the 6
condition is-- 7
(a) no longer appropriate; or 8
(b) no longer consistent with generally accepted risk management 9
principles. 10
`(4) If the chief executive decides to amend a condition, the chief 11
executive must promptly give the applicant a written notice stating the 12
decision and the amendment. 13
`(5) If the chief executive decides not to amend a condition, the chief 14
executive must promptly give the applicant a written notice stating-- 15
(a) the decision; and 16
(b) the reason for the decision. 17
`(6) A written notice given under subsection (5) must be accompanied by 18
an information notice for the decision the subject of the notice. 19
`(7) If the chief executive does not decide the application within 70 days 20
after it is made, the chief executive is taken to have made the amendment 21
sought by the accredited person at the end of the 70 days. 22
accreditation conditions without application 23
`Amending
`180ZZZH.(1) This section applies if the chief executive considers the 24
conditions of a person's accreditation should be amended but the person has 25
not applied for the proposed amendment. 26
`(2) Before amending the conditions, the chief executive must give the 27
person a written notice-- 28
(a) stating the proposed amendment; and 29
(b) stating the reason for the proposed amendment; and 30
s 12 67 s 12
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(c) inviting the person to show, within a stated time of at least 1
28 days, why the proposed amendment should not be made. 2
`(3) If, after considering all written representations made within the stated 3
time, the chief executive still considers the conditions should be amended, 4
the chief executive may amend the conditions-- 5
(a) in the way proposed; or 6
(b) in another way, having regard to the representations. 7
`(4) The chief executive must inform the person of the decision by 8
written notice. 9
`(5) If the chief executive decides to amend the conditions, the notice 10
must also state-- 11
(a) the amendment; and 12
(b) the reason for the decision. 13
`(6) A written notice given under subsections (4) and (5) must be 14
accompanied by an information notice for the decision the subject of the 15
notice. 16
`(7) Subsections (2) to (5) do not apply if the chief executive proposes to 17
amend the conditions of a person's accreditation for a formal or clerical 18
reason not adversely affecting the person's interests. 19
`(8) The chief executive may amend a condition in a way mentioned in 20
subsection (7) by written notice given to the person. 21
or cancelling accreditation 22
`Suspending
`180ZZZI.(1) This section applies if the chief executive-- 23
(a) reasonably suspects an accredited person has not complied with a 24
condition of the person's accreditation; and 25
(b) considers the person's accreditation should be suspended or 26
cancelled (the "proposed action"). 27
`(2) Before taking the proposed action, the chief executive must give the 28
person a written notice-- 29
(a) stating the proposed action; and 30
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Amendment
(b) stating the reason for the proposed action; and 1
(c) if the proposed action is suspension of the accreditation, stating 2
the proposed suspension period; and 3
(d) if the proposed action is a limited suspension of the accreditation,7 4
stating the details of the proposed limitation; and 5
(e) inviting the person to show, within a stated time of at least 6
28 days, why the proposed action should not be taken. 7
`(3) If, after considering all written representations made within the stated 8
time, the chief executive still considers the proposed action should be taken, 9
the chief executive may-- 10
(a) if the proposed action is to suspend the accreditation--suspend 11
the accreditation-- 12
(i) for no longer than the proposed suspension period; and 13
(ii) if the proposed action was a limited suspension, by no more 14
than the proposed limitation; or 15
(b) if the proposed action was to cancel the accreditation--cancel the 16
accreditation or suspend it for a period. 17
`(4) The chief executive must inform the person of the decision by 18
written notice. 19
`(5) If the chief executive decides to suspend or cancel the accreditation, 20
the notice must also state the reason for the decision. 21
`(6) The chief executive may immediately cancel the accreditation by 22
written notice given to the person if-- 23
(a) rather than cancel the accreditation, the chief executive has 24
suspended it on condition the person do certain things to rectify 25
the failure to comply with a condition of the person's 26
accreditation; but 27
(b) the person has not rectified the failure within the suspension 28
period. 29
`(7) The notice must state the reason for the decision. 30
7 See section 180ZZZK (Limited suspension of accreditation).
s 12 69 s 12
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`(8) A written notice given under subsection (4) or (6) must be 1
accompanied by an information notice for the decision the subject of the 2
notice. 3
suspension of accreditation 4
`Immediate
`180ZZZJ.(1) This section applies if the chief executive-- 5
(a) reasonably believes an accredited person has not complied with a 6
condition of the person's accreditation; and 7
(b) considers members of the public may be seriously harmed if 8
urgent action to suspend the accreditation is not taken. 9
`(2) The chief executive may immediately suspend an accreditation by 10
written notice given to the person. 11
`(3) The notice must state the reason for the decision and must be 12
accompanied by an information notice for the decision. 13
`(4) The chief executive must at the same time give the person a notice 14
under section 180ZZZI(2). 8 15
`(5) The accreditation is suspended under this section until the earlier of 16
the following-- 17
(a) the chief executive gives the person notice of the chief executive's 18
decision under section 180ZZZI; 19
(b) the end of 60 days after the notice under subsection (2) was given 20
to the person. 21
suspension of accreditation 22
`Limited
`180ZZZK. Under section 180ZZZI or 180ZZZJ, the chief executive 23
may limit a suspension to, for example-- 24
(a) a particular light rail for which the accredited person is accredited; 25
or 26
(b) a particular service operated by the accredited person. 27
8 Section 180ZZZI (Suspending or cancelling accreditation)
s 12 70 s 12
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of accreditation 1
`Surrender
`180ZZZL. An accredited person may, at any time, surrender the 2
person's accreditation by written notice given to the chief executive. 3
for proposed light rail 4
`Accreditation
`180ZZZM.(1) This section applies if-- 5
(a) a person holds an accreditation under this part as the light rail 6
manager, a light rail operator, or the light rail manager and a light 7
rail operator, for a light rail-- 8
(i) proposed to be established on light rail land; or 9
(ii) proposed to be established on land proposed to become light 10
rail land; and 11
(b) the light rail is established on light rail land substantially in the 12
way proposed. 13
`(2) The accreditation automatically becomes an accreditation under this 14
Act that the person holds as the light rail manager, a light rail operator, or 15
the light rail manager and a light rail operator, for the light rail as 16
established. 17
ART 6--LIGHT RAIL INCIDENTS 18
`P
of ch 6, pt 6 and other provisions 19
`Application
`180ZZZN.(1) Chapter 6, part 69 applies for a light rail in the same way 20
it applies for a railway. 21
`(2) For applying chapter 6, part 6 for a light rail-- 22
(a) a reference to a railway is taken to be a reference to a light rail; and 23
(b) a reference to an accredited person is taken to be a reference to an 24
9 Chapter 6 (Rail transport infrastructure), part 6 (Railway incidents)
s 12 71 s 12
Transport (Busway and Light Rail)
Amendment
accredited person for this chapter; and 1
(c) a reference to an authorised person for a railway is taken to be a 2
reference to a person who is an authorised person for the light rail. 3
HAPTER 7C--INVESTIGATING POTENTIAL 4
`C
BUSWAY OR LIGHT RAIL 5
of ch 7C 6
`Purpose
`180ZZZO. The purpose of this chapter is-- 7
(a) to allow persons authorised by the chief executive to enter land to 8
investigate the land's potential and suitability for the development 9
of busway or light rail transport infrastructure 10
(the "development") before powers under chapter 7A or 7B are 11
exercised; and 12
(b) to safeguard the interests of the owners and occupiers of land 13
affected by the entry. 14
for ch 7C 15
`Definitions
`180ZZZP. In this chapter-- 16
"affected person" for land, means each person who is an owner or 17
occupier of the land. 18
"associated person", of an investigator, means any of the following-- 19
(a) if the investigator is a corporation, the corporation's chief 20
executive, secretary or directors; 21
(b) the investigator's employees or partners who are individuals; 22
(c) a person who is an agent of, or contractor for, the investigator, 23
and engaged in writing for the investigator's authority; 24
(d) employees of an agent or contractor mentioned in paragraph (c); 25
s 12 72 s 12
Transport (Busway and Light Rail)
Amendment
(e) if a person mentioned in paragraph (c) is a corporation, the 1
corporation's chief executive, secretary, directors or employees. 2
"compensation notice" see section 180ZZZY. 3
"development" see section 180ZZZO. 4
"investigator" means a person who holds an investigator's authority. 5
"investigator's authority" means an investigator's authority given under 6
this chapter. 7
"rectification notice" see section 180ZZZY. 8
to apply for investigator's authority 9
`How
`180ZZZQ.(1) This section applies if the person proposing the 10
development can not successfully negotiate entry to the land with all affected 11
persons for the land. 12
`(2) The person may apply to the chief executive for an investigator's 13
authority for the land. 14
`(3) The applicant must give the chief executive the following in support 15
of the application-- 16
(a) details of the proposed development, including the land on which 17
the development is proposed to be located; 18
(b) the likely demand for the services associated with the proposed 19
development; 20
(c) advice as to how the proposed development would satisfy an 21
identified need; 22
(d) details of the applicant's financial and technical capacity to 23
establish the proposed development; 24
(e) details of the steps the applicant has taken, or tried to take, to 25
satisfy its obligations under subsection (1); 26
(f) all other information the chief executive considers is necessary to 27
assess the application. 28
`(4) The application must be in writing and state the following 29
information-- 30
s 12 73 s 12
Transport (Busway and Light Rail)
Amendment
(a) the land intended to be entered under the investigator's authority; 1
(b) the purpose for which the authority is sought; 2
(c) details of the nature of the activities proposed to be conducted on 3
the land; 4
(d) the period for which the authority is sought. 5
`(5) The chief executive must advise the affected persons for the land-- 6
(a) that an application for an investigator's authority has been made 7
for the land; and 8
(b) the powers a person given an authority may exercise under this 9
division. 10
information about application 11
`Additional
`180ZZZR.(1) Before deciding the application, the chief executive-- 12
(a) must consult with the affected persons for the land about the 13
proposed entry to the land; and 14
(b) may require the applicant to give additional information about the 15
proposed entry. 16
`(2) The chief executive may reject the application if the applicant fails, 17
without reasonable excuse, to give the additional information within a stated 18
reasonable time of not less than 28 days. 19
investigator's authority 20
`Giving
`180ZZZS.(1) The chief executive may-- 21
(a) give an investigator's authority, with or without conditions; or 22
(b) refuse to give the authority. 23
`(2) If the chief executive refuses to give the investigator's authority, the 24
chief executive must give the applicant written reasons for the refusal. 25
`(3) Without limiting subsection (1)(a), a condition may require lodging a 26
bond or security deposit with the chief executive. 27
`(4) The investigator's authority must be only for the part of the land the 28
s 12 74 s 12
Transport (Busway and Light Rail)
Amendment
chief executive is satisfied is reasonably necessary for conducting the 1
investigations. 2
authority 3
`Investigator's
`180ZZZT.(1) The investigator's authority must be in writing stating the 4
following-- 5
(a) the land to which it applies; 6
(b) the purpose for which it is given; 7
(c) when it ends; 8
(d) all conditions imposed on the authority. 9
`(2) The investigator's authority authorises the investigator and associated 10
persons of the investigator-- 11
(a) to enter and re-enter land the subject of the authority for 12
investigating the land's potential and suitability for the 13
development; and 14
(b) to the extent reasonably necessary or convenient for the 15
purpose-- 16
(i) to do anything on the land; or 17
(ii) to bring anything onto the land; or 18
(iii) to temporarily leave machinery, equipment or other items on 19
the land. 20
21
Examples of actions authorised by the investigator's authority--
22
1. To conduct surveys, investigate and take samples.
23
2. To clear vegetation, or otherwise disturb the land, to the extent reasonably
24
necessary.
25
3. To construct temporary access tracks using the land or using materials brought
26
onto the land.
`(3) It is declared that-- 27
(a) the giving of the investigator's authority is not an indication of a 28
commitment or approval by the State, the chief executive or 29
anyone else to any proposal, and in particular, does not commit 30
s 12 75 s 12
Transport (Busway and Light Rail)
Amendment
the State to acquiring land for the development; and 1
(b) a person is not an employee or agent of the State only because the 2
person is an investigator. 3
`(4) The investigator's authority does not authorise entering or doing 4
anything to a structure on the land used solely for residential purposes 5
without the permission of the occupier of the land. 6
`(5) The investigator and each associated person of the investigator, must 7
comply with each condition of the authority, unless the investigator or 8
associated person has a reasonable excuse. 9
Maximum penalty for subsection (5)--200 penalty units. 10
investigator must do before land is entered for the first time 11
`What
`180ZZZU.(1) Before land is entered for the first time under the 12
investigator's authority, the investigator must give a written notice to the 13
affected persons for the land together with a copy of the authority. 14
`(2) The notice must state the following-- 15
(a) the investigator has been given the investigator's authority; 16
(b) the things the investigator and associated persons of the 17
investigator are authorised to do under the authority; 18
(c) a general outline of the things intended to be done on the land, 19
including the construction of any temporary access track; 20
(d) the approximate period during which the land is to be entered 21
under the authority; 22
(e) the rights of the affected persons under this chapter for the 23
rectification of, and to compensation for, loss or damage suffered 24
because of the investigation; 25
(f) the giving of the authority is not an indication of a commitment or 26
approval by the State, the chief executive or anyone else in relation 27
to any proposal, and in particular, does not commit the State to 28
acquiring land for the development. 29
`(3) The investigator or an associated person of the investigator may enter 30
the land only if-- 31
s 12 76 s 12
Transport (Busway and Light Rail)
Amendment
(a) the affected persons give written consent to the entry; or 1
(b) at least 7 days have passed since the notice was given. 2
to issue associated person with identification 3
`Investigator
`180ZZZV.(1) Before the investigator allows an associated person of the 4
investigator to act under the investigator's authority, the investigator must 5
give the associated person an identification document in the approved form. 6
Maximum penalty--10 penalty units. 7
`(2) The identification document must-- 8
(a) state the names of the investigator and the person to whom the 9
identification document is given; and 10
(b) indicate that, for this Act, the person is associated with the holder 11
of the investigator's authority; and 12
(c) state the capacity in which the associated person is an associated 13
person; and 14
(d) be signed by or for the investigator; and 15
(e) be signed by or for the associated person; and 16
(f) state when it ends. 17
`(3) A person who stops being an associated person of an investigator 18
must return the person's identification document to the investigator as soon 19
as practicable, but within 21 days, after the person stops being an associated 20
person, unless the person has a reasonable excuse. 21
Maximum penalty--10 penalty units. 22
`(4) Subsections (5) and (6) apply if a person who claims to be, or 23
appears to be, an affected person for the land asks an individual who has 24
entered, is entering or is about to enter land under the investigator's 25
authority-- 26
(a) for identification; or 27
(b) about the person's authority to enter the land. 28
`(5) If the request is made of an investigator, the investigator must 29
s 12 77 s 12
Transport (Busway and Light Rail)
Amendment
immediately state the investigator's name and show the person a copy of the 1
investigator's authority. 2
Maximum penalty--10 penalty units. 3
`(6) If the request is made of an associated person of the investigator, the 4
associated person must immediately state his or her name and show the 5
other person the associated person's identification document. 6
Maximum penalty for subsection (6)--10 penalty units. 7
to be an investigator or associated person 8
`Pretending
`180ZZZW. A person must not pretend to be an investigator or an 9
associated person of an investigator. 10
Maximum penalty--80 penalty units. 11
to take care in acting under investigator's authority 12
`Investigator
`180ZZZX. The investigator and all associated persons of the 13
investigator-- 14
(a) must take as much care as is practicable to minimise damage to 15
the land or inconvenience to the affected persons for the land; and 16
(b) may do anything necessary or desirable to minimise the damage 17
or inconvenience. 18
of damage by investigator 19
`Rectification
`180ZZZY.(1) An affected person for the land may, by written notice 20
("rectification notice") given to the investigator, require the investigator, 21
within a reasonable time after the investigator has finished investigating the 22
land under the investigator's authority, to rectify loss or damage suffered by 23
the affected person arising out of-- 24
(a) the investigator entering the land; or 25
(b) use made of the land by the investigator; or 26
(c) anything brought onto the land by the investigator; or 27
s 12 78 s 12
Transport (Busway and Light Rail)
Amendment
(d) anything done or left on the land while the investigator was on the 1
land under, or purportedly under, the investigator's authority. 2
`(2) If the loss or damage mentioned in subsection (1) is not rectified or 3
can not be rectified, the affected person may, by written notice 4
("compensation notice") given to the investigator, claim compensation for 5
the loss or damage not rectified. 6
`(3) A rectification or compensation notice must be given-- 7
(a) within 1 year after the loss or damage was suffered; or 8
(b) at a later time allowed by the Land Court. 9
`(4) The claim for compensation may be made-- 10
(a) whether or not the act or omission giving rise to the claim was 11
authorised under the investigator's authority; and 12
(b) whether or not the investigator took steps to prevent the loss or 13
damage; and 14
(c) even though the loss or damage was caused, or contributed to, by 15
an associated person of the investigator. 16
`(5) In subsection (1)-- 17
"investigator" includes an associated person of the investigator. 18
payable by investigator 19
`Compensation
`180ZZZZ.(1) The investigator must compensate each affected person 20
for the land for the loss or damage the affected person has suffered and that 21
has not been rectified. 22
`(2) The amount of compensation is-- 23
(a) the amount agreed between the parties; or 24
(b) if the parties can not agree on the amount within a reasonable 25
time, the amount decided by the Land Court. 26
of bond or security deposit 27
`Release
`180ZZZZA.(1) This section applies if, under a condition of the 28
s 12 79 s 12
Transport (Busway and Light Rail)
Amendment
investigator's authority, a bond or security deposit is required to be lodged 1
with the chief executive. 2
`(2) If an affected person for the land does not give a rectification or 3
compensation notice within the prescribed time, the chief executive may 4
keep the bond or security deposit until 1 year after the investigator's 5
authority expires. 6
`(3) If an affected person for the land gives a rectification or 7
compensation notice within the prescribed time, the chief executive may 8
keep the bond or security deposit until the chief executive is satisfied the 9
damage or loss has been repaired or rectified or any compensation agreed or 10
awarded for the damage or loss has been paid to the affected person. 11
`(4) In this section-- 12
"prescribed time", for giving a rectification or compensation notice arising 13
out of the entry of land by the investigator, means 1 year after the 14
investigator was last on the land under, or purportedly under, the 15
investigator's authority. 16
of bond or security deposit to repair or rectify 17
`Use
`180ZZZZB.(1) This section applies if-- 18
(a) under a condition of the investigator's authority, a bond or 19
security deposit is required to be lodged with the chief executive; 20
and 21
(b) an affected person for the land gives a rectification or 22
compensation notice within the prescribed time; and 23
(c) the chief executive is satisfied the damage or loss has not been 24
repaired or rectified or compensation agreed or awarded for the 25
damage or loss has not been paid to the affected person. 26
`(2) The chief executive-- 27
(a) may use the bond or security deposit to repair or rectify the 28
damage or loss or pay the compensation; and 29
(b) must pay the balance, if any, to the investigator. 30
`(3) In this section-- 31
s 13 80 s 16
Transport (Busway and Light Rail)
Amendment
"prescribed time", for giving a rectification or compensation notice arising 1
out of the entry of land by the investigator, means 1 year after the 2
investigator was last on the land under, or purportedly under, the 3
investigator's authority.'. 4
of s 181A (Meaning of "miscellaneous transport 5
Amendment
infrastructure") 6
Clause 13. Section 181A-- 7
insert-- 8
`(3) Also, busway transport infrastructure and light rail transport 9
infrastructure are not miscellaneous transport infrastructure.'. 10
of new s 199A 11
Insertion
Clause 14. After section 199-- 12
insert-- 13
forms 14
`Approved
`199A. The chief executive may approve forms for use under this Act.'. 15
of sch 1 (Subject matter for regulations) 16
Amendment
Clause 15. Schedule 1, item 11-- 17
omit, insert-- 18
`11. Regulation of-- 19
(a) busway, light rail or miscellaneous transport infrastructure; or 20
(b) busway, light rail or miscellaneous transport infrastructure 21
works.'. 22
of sch 2 (Appeals) 23
Amendment
Clause 16. Schedule 2-- 24
insert-- 25
s 16 81 s 16
Transport (Busway and Light Rail)
Amendment
`180F(3)(b) Refusal to allow later Magistrates
time to give notice for
compensation
180ZQ(3)(b) Refusal to allow later Magistrates
time to give notice for
compensation
180ZZZB Giving accreditation District
on conditions
180ZZZB Refusal to give District
accreditation
180ZZZG(2) Refusal to amend District or Magistrates
accreditation
conditions
180ZZZH(3) Amendment of District or Magistrates
accreditation
conditions
180ZZZH(8) Amendment of District or Magistrates
accreditation
conditions
180ZZZI(3) Suspension or District or Magistrates
cancellation of
accreditation
180ZZZI(6) Immediate District or Magistrates
cancellation of
accreditation
180ZZZJ(2) Immediate suspension District or
of accreditation Magistrates'.
s 17 82 s 17
Transport (Busway and Light Rail)
Amendment
of sch 3 (Dictionary) 1
Amendment
Clause 17.(1) Schedule 3, definitions "accredited person", "associated 2
person", "authorised person", "construction", "investigator", "plant", 3
"railway" and "road"-- 4
omit. 5
(2) Schedule 3-- 6
insert-- 7
"access" for-- 8
(a) chapter 7A, part 4, division 5--see section 180ZF; or 9
(b) chapter 7B, part 4, division 5--see section 180ZZR. 10
"accredited person" means-- 11
(a) for chapter 6--a railway manager or operator for whom an 12
accreditation is in force under the chapter; or 13
(b) for chapter 7B--a light rail manager or operator for a light rail for 14
whom an accreditation is in force under the chapter. 15
"acquire", for chapter 7A, part 3 and chapter 7B, part 3, includes acquire 16
by gift, exchange or purchase. 17
"affected person", for chapter 7C, see section 180ZZZP. 18
"approved form" see section 199A. 19
"associated person" for-- 20
(a) chapter 6, part 2--see section 77; or 21
(b) chapter 7C--see section 180ZZZP. 22
"authorised person", for a railway or light rail, means a person who is an 23
authorised person for the railway or light rail under the Transport 24
Operations (Passenger Transport) Act 1994, section 116. 25
"busway" means-- 26
(a) a route especially designed and constructed for, and dedicated to, 27
the priority movement of buses for passenger transport purposes; 28
and 29
s 17 83 s 17
Transport (Busway and Light Rail)
Amendment
(b) places for the taking on and letting off of bus passengers using the 1
route. 2
"busway land"-- 3
1. "Busway land" means land declared to be busway land under 4
chapter 7A. 5
2. Additionally, the following apply-- 6
(a) for chapter 7A, part 4, division 3, see section 180R; 7
(b) for chapter 7A, part 4, division 5, see section 180ZF; 8
(c) for chapter 7B, part 4, division 3, see section 180ZZD; 9
(d) for chapter 7B, part 4, division 5, see section 180ZZR. 10
"busway transport infrastructure" means each of the following-- 11
(a) the pavement on which buses run for a busway; 12
(b) the stations for operating a busway; 13
(c) other facilities necessary for managing or operating a busway, 14
including for example-- 15
(i) infrastructure put in place for the busway, including the 16
following-- 17
· support earthworks 18
· cuttings 19
· drainage works 20
· excavations 21
· land fill; and 22
(ii) the following things, if associated with the busway's 23
operation-- 24
· access or service lanes 25
· bridges, including bridges over water 26
· busway operation control facilities 27
· communication systems 28
s 17 84 s 17
Transport (Busway and Light Rail)
Amendment
· depots 1
· machinery and other equipment 2
· noise barriers 3
· notice boards, notice markers and signs 4
· office buildings 5
· passenger interchange facilities between the busway and 6
other modes of transport 7
· platforms 8
· power and communication cables 9
· signalling facilities and equipment 10
· survey stations, pegs and marks 11
· ticketing equipment 12
· tunnels 13
· under-busway structures 14
· workshops; 15
(d) vehicle parking and set down facilities for intending passengers 16
for a busway; 17
(e) pedestrian facilities, including paving of footpaths, for a busway; 18
(f) landscaping or associated works for a busway. 19
"busway transport infrastructure works" means works done for-- 20
(a) constructing busway transport infrastructure or things associated 21
with busway transport infrastructure; or 22
(b) the maintenance of busway transport infrastructure or of things 23
associated with busway transport infrastructure; or 24
(c) facilitating the operation of busway transport infrastructure or 25
things associated with busway transport infrastructure. 26
"compensation notice", for chapter 7C, see section 180ZZZY. 27
s 17 85 s 17
Transport (Busway and Light Rail)
Amendment
"construction" for-- 1
(a) chapter 5--see section 22; or 2
(b) chapter 7A--see section 180A; or 3
(c) chapter 7B--see section 180ZL. 4
"development", for chapter 7C, see section 180ZZZP. 5
"establishment" for-- 6
(a) chapter 7A, part 4, division 5--see section 180ZF; or 7
(b) chapter 7B, part 4, division 5--see section 180ZZR. 8
"information notice", for a decision the subject of a written notice given to 9
a person, is a written notice stating that the person may-- 10
(a) under section 196, ask for the decision to be reviewed and appeal 11
against the reviewed decision; and 12
(b) under the Transport Planning and Coordination Act 1994, part 5, 13
ask for the decision or the reviewed decision to be stayed. 14
"interference" for-- 15
(a) chapter 7A, part 4, division 5--see section 180ZF; or 16
(b) chapter 7B, part 4, division 5--see section 180ZZR. 17
"investigator" means-- 18
(a) other than for chapter 7C--a person who holds an authority; or 19
(b) for chapter 7C--a person who holds an investigator's authority 20
under that chapter. 21
"investigator's authority", for chapter 7C, see section 180ZZZP. 22
"light rail" means-- 23
(a) a route especially designed and constructed for, and wholly or 24
partly dedicated to, the priority movement of light rail vehicles for 25
passenger transport purposes, and 26
(b) places for the taking on and letting off of light rail vehicle 27
passengers using the route. 28
s 17 86 s 17
Transport (Busway and Light Rail)
Amendment
"light rail authority", for chapter 7B, part 4, division 3, see 1
section 180ZZD. 2
"light rail land"-- 3
1. "Light rail land" means land declared to be light rail land under 4
chapter 7B. 5
2. Additionally, the following apply-- 6
(a) for chapter 7B, part 4, division 3, see section 180ZZD; 7
(b) for chapter 7B, part 4, division 5, see section 180ZZR. 8
"light rail manager", for a light rail, means a person who holds an 9
accreditation under chapter 7B, part 5 as the light rail manager for the 10
light rail. 11
"light rail operator", for a light rail, means a person who holds an 12
accreditation under chapter 7B, part 5 as a light rail operator for the 13
light rail. 14
"light rail transport infrastructure" means each of the following-- 15
(a) the rails on which light rail vehicles run for a light rail and 16
pavement incorporating the rails; 17
(b) the stations for operating a light rail; 18
(c) other facilities necessary for managing or operating a light rail, 19
including, for example-- 20
(i) works built for the light rail, including the following-- 21
· cuttings 22
· drainage works 23
· excavations 24
· land fill 25
· track support earthworks; and 26
(ii) light rail vehicles that operate on a light rail; and 27
s 17 87 s 17
Transport (Busway and Light Rail)
Amendment
(iii) the following things if they are associated with the light rail's 1
operation-- 2
· access or service lanes 3
· bridges, including bridges over water 4
· communication systems 5
· light rail operation control facilities 6
· machinery and other equipment 7
· maintenance depots 8
· marshalling yards 9
· noise barriers 10
· notice boards, notice markers and signs 11
· office buildings 12
· overhead electrical power supply systems and support 13
structures 14
· over-track structures 15
· passenger interchange facilities between light rail and 16
other modes of transport 17
· platforms 18
· power and communication cables 19
· power supply substations and equipment 20
· signalling facilities and equipment 21
· survey stations, pegs and marks 22
· tunnels 23
· ticketing equipment 24
· under-track structures 25
· workshops; 26
(d) vehicle parking and set down facilities for intending passengers 27
for a light rail; 28
s 17 88 s 17
Transport (Busway and Light Rail)
Amendment
(e) pedestrian facilities, including paving of footpaths, for a light rail; 1
(f) landscaping or associated works for a light rail. 2
"light rail transport infrastructure works" means works done for-- 3
(a) constructing light rail transport infrastructure or things associated 4
with light rail transport infrastructure; or 5
(b) the maintenance of light rail transport infrastructure or of things 6
associated with light rail transport infrastructure; or 7
(c) facilitating the operation of light rail transport infrastructure or 8
things associated with light rail transport infrastructure. 9
"light rail vehicle" means a type of transport that-- 10
(a) is intended wholly or mainly for the carriage of passengers or for 11
track maintenance; and 12
(b) travels on flanged wheels on parallel rails; and 13
(c) is designed to operate in line of sight on road-like areas. 14
"plant" includes any of the following-- 15
(a) a conduit or cable; 16
(b) an electrical installation under the Electricity Act 1994; 17
(c) an overhead conveyor; 18
(d) a pipeline; 19
(e) a pole; 20
(f) a railway, monorail or tramway; 21
(g) a telecommunications plant; 22
(h) a viaduct or aqueduct; 23
(i) a water channel. 24
"public utility plant" means plant permitted under another Act or a 25
Commonwealth Act to be on a road. 26
"public utility provider" means an entity that owns public utility plant. 27
"railway" does not include a light rail or light rail transport infrastructure, 28
and for chapter 6, part 4, see also section 80. 29
s 17 89 s 17
Transport (Busway and Light Rail)
Amendment
"rectification notice", for chapter 7C, see section 180ZZZY. 1
"road"-- 2
(a) for chapter 7A, part 3, has the meaning given in section 180G; 3
and 4
(b) for chapter 7B, part 3, has the meaning given in section 180ZR; 5
and 6
(c) does not include an area or thing that is busway land, busway 7
transport infrastructure, light rail land or light rail transport 8
infrastructure; and 9
(d) subject to paragraphs (a) to (c), means-- 10
(i) an area of land dedicated to public use as a road; or 11
(ii) an area that is open to or used by the public and is developed 12
for, or has as 1 of its main uses, the driving or riding of 13
motor vehicles; or 14
(iii) a bridge, culvert, ferry, ford, tunnel or viaduct; or 15
(iv) a pedestrian or bicycle path; or 16
(v) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct 17
or path mentioned in subparagraphs (i) to (iv).'. 18
(3) Schedule 3, definition "land", paragraph (a), `chapters 5 and 8'-- 19
omit, insert-- 20
`chapters 5 and 7A to 8'. 21
(4) Schedule 3, definition "land", paragraph (c), `chapter 8'-- 22
omit, insert-- 23
`chapters 7A to 8'. 24
(5) Schedule 3, definition "occupier", `chapters 5, 6 and 8'-- 25
omit, insert-- 26
`chapters 5, 6, 7A, 7B, 7C and 8'. 27
s 18 90 s 20
Transport (Busway and Light Rail)
Amendment
(6) Schedule 3, definition "rolling stock", after `train'-- 1
insert-- 2
`or light rail vehicle'. 3
(7) Schedule 3, definition "rolling stock", after `railway'-- 4
insert-- 5
`or light rail'. 6
(8) Schedule 3, definition "transport infrastructure", after `port'-- 7
insert-- 8
`, busway, light rail'. 9
PART 3--AMENDMENT OF TRANSPORT 10
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 11
amended in pt 3 12
Act
Clause 18. This part amends the Transport Operations (Passenger Transport) 13
Act 1994. 14
of ch 11, pt 2 hdg 15
Amendment
Clause 19. Chapter 11, part 2, heading, after `RAILWAYS'-- 16
insert-- 17
`OR LIGHT RAIL'. 18
of s 116 (Appointment of authorised persons for 19
Amendment
railways) 20
Clause 20.(1) Section 116, heading, after `railways'-- 21
insert-- 22
`or light rail'. 23
s 21 91 s 21
Transport (Busway and Light Rail)
Amendment
(2) Section 116(2), `for the railway'-- 1
omit, insert-- 2
`for a railway'. 3
(3) Section 116-- 4
insert-- 5
`(2A) The chief executive may appoint a person to be an authorised 6
person for a light rail.'. 7
(4) Section 116(3), `for the railway'-- 8
omit, insert-- 9
`for a railway or light rail'. 10
(5) Section 116(4), after `authorised person'-- 11
insert-- 12
`for a railway or light rail'. 13
(6) Section 116(5), after `the railway'-- 14
insert-- 15
`or light rail'. 16
of s 117 (Identity cards) 17
Amendment
Clause 21.(1) Section 117-- 18
insert-- 19
`(2B) The chief executive must give an identity card to each person 20
appointed as an authorised person for a light rail under section 116(2A).'. 21
(2) Section 117(3)(c), after `railway'-- 22
insert-- 23
`or light rail'. 24
(3) Section 117-- 25
insert-- 26
s 22 92 s 24
Transport (Busway and Light Rail)
Amendment
`(4A) A person who stops being an authorised person for a light rail 1
must return the person's identity card to the chief executive as soon as 2
practicable, but within 21 days, after the person stops being an authorised 3
person for the light rail, unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units.'. 5
of s 118 (Producing or displaying authorised person's 6
Amendment
identity card) 7
Clause 22. Section 118(2), after `for a railway'-- 8
insert-- 9
`or light rail'. 10
of s 119 (Protection from liability) 11
Amendment
Clause 23.(1) Section 119(1), definition "official", paragraph (a), after `for a 12
railway'-- 13
insert-- 14
`or light rail'. 15
(2) Section 119(3)(a), after `authorised person'-- 16
insert-- 17
`is an authorised person for a railway and'. 18
of s 155 (Regulations) 19
Amendment
Clause 24. Section 155(3)-- 20
insert-- 21
`(i) prescribe rules about the use by the following, under the 22
Transport Infrastructure Act 1994, of busway land-- 23
(i) buses operating on a busway established on the busway 24
land; and 25
(ii) persons having the permission of the chief executive to be on 26
s 25 93 s 26
Transport (Busway and Light Rail)
Amendment
the busway land; or 1
(j) prescribe rules about the use by the following, under the 2
Transport Infrastructure Act 1994, of light rail land-- 3
(i) light rail vehicles operating on a light rail established on the 4
light rail land; and 5
(ii) persons having the permission of the chief executive or a 6
light rail manager for the light rail to be on the light rail 7
land.'. 8
PART 4--AMENDMENT OF TRANSPORT 9
OPERATIONS (ROAD USE MANAGEMENT) ACT 10
1995 11
amended in pt 4 12
Act
Clause 25. This part amends the Transport Operations (Road Use 13
Management) Act 1995. 14
of s 171 (Regulation-making power) 15
Amendment
Clause 26. Section 171(3)-- 16
insert-- 17
`(ga)prescribe rules about the use by the following, under the 18
Transport Infrastructure Act 1994, of busway land-- 19
(i) buses operating on a busway established on the busway 20
land; 21
(ii) persons having the permission of the chief executive to be on 22
the busway land; or 23
(gb) prescribe rules about the use by the following, under the 24
Transport Infrastructure Act 1994, of light rail land-- 25
(i) light rail vehicles operating on a light rail established on the 26
s 27 94 s 28
Transport (Busway and Light Rail)
Amendment
light rail land; 1
(ii) persons having the permission of the chief executive or a 2
light rail manager for the light rail to be on the light rail land; 3
or'. 4
PART 5--AMENDMENT OF TRANSPORT 5
PLANNING AND COORDINATION ACT 1994 6
amended in pt 5 7
Act
Clause 27. This part amends the Transport Planning and Coordination Act 8
1994. 9
of s 3 (Definitions) 10
Amendment
Clause 28.(1) Section 3-- 11
insert-- 12
` "busway transport infrastructure" has the meaning given in the 13
Transport Infrastructure Act 1994, schedule 3. 14
"light rail transport infrastructure" has the meaning given in the 15
Transport Infrastructure Act 1994, schedule 3.'. 16
(2) Section 3, definition "transport land", paragraph (b)-- 17
insert-- 18
`(iv) busway transport infrastructure or bus passenger services; or 19
(v) light rail transport infrastructure or light rail passenger 20
services.'. 21
s 29 95 s 31
Transport (Busway and Light Rail)
Amendment
of s 23 (Functions of chief executive not limited by 1
Amendment
implication) 2
Clause 29. Section 23(1), example 4, from `road transport'-- 3
omit, insert-- 4
`functions for road transport infrastructure, busway transport 5
infrastructure and light rail transport infrastructure under that Act.'. 6
of s 25 (General powers regarding property) 7
Amendment
Clause 30. Section 25(6), `easement in land beneath'-- 8
omit, insert-- 9
`easement or other interest in land above or beneath'. 10
of new s 26A 11
Insertion
Clause 31.(1) After section 26-- 12
insert-- 13
requirement for transport land 14
`Changing
`26A.(1) This section applies to transport land taken under the 15
Acquisition of Land Act 1967 for a particular transport purpose. 16
`(2) The Minister may, by gazette notice under this Act, declare that the 17
land is required for another stated transport purpose. 18
`(3) The land is taken to have been acquired for the other transport 19
purpose from the day the declaration is published in the gazette. 20
`(4) The Acquisition of Land Act 1967, section 41 does not apply to the 21
land because of the change of purpose. 22
`(5) This section does not affect any right of a person to compensation 23
because of the acquisition. 24
s 32 96 s 32
Transport (Busway and Light Rail)
Amendment
`(6) To remove doubt, it is declared that a declaration under 1
subsection (2)-- 2
(a) is not an acquisition of the land; and 3
(b) does not give a right to compensation.'. 4
of s 27 (Power of chief executive to lease, sell or otherwise 5
Amendment
dispose of land to transport GOC etc.) 6
Clause 32.(1) Section 27, heading, `to transport GOC etc.'-- 7
omit. 8
(2) Section 27(1), from `transport land'-- 9
omit, insert-- 10
`transport land-- 11
(a) if the land is for busway transport infrastructure or bus passenger 12
services--to any person for busway transport infrastructure or 13
bus passenger services; or 14
(b) if the land is for light rail transport infrastructure or light rail 15
passenger services--to any person for light rail transport 16
infrastructure or light rail passenger services; or 17
(c) if the land is for a transport purpose other than a purpose 18
mentioned in paragraph (a) or (b)--to a transport GOC or a 19
franchisee or railway manager under the Transport Infrastructure 20
Act 1994.'. 21
© State of Queensland 2000
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