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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport and Other
Legislation Amendment
Bill 2005
Queensland
Transport and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Acquisition of Land Act 1967
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 7 (Notice of intention to take land) . . . . . . . . . . 8
6 Amendment of s 9 (Means by which land to be taken other than
by Brisbane City Council or an approved local government) . . . . 9
7 Omission of s 10 (Means by which land to be taken by Brisbane
City Council or an approved local government) . . . . . . . . . . . . . . 9
8 Amendment of s 12 (Effect of gazette resumption notice) . . . . . . 9
9 Amendment of s 15 (Taking by agreement) . . . . . . . . . . . . . . . . . 10
10 Amendment of s 16 (Discontinuance of resumption before
proclamation or notification of resumption) . . . . . . . . . . . . . . . . . 11
11 Amendment of s 17 (Revocation before determination of
compensation) ................................ 11
12 Replacement of pt 6, hdg (Transitional provisions). . . . . . . . . . . . 11
13 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Provision for Transport and Other Legislation
Amendment Act 2005
45 Transitional provision for taking of land by Brisbane
City Council and other local governments . . . . . . . . . 12
Part 3 Amendment of Land Act 1994
14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 290J (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Insertion of new ch 6, pt 4, div 13. . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Transport and Other Legislation Amendment Bill 2005
Division 13 Miscellaneous
390A Special provision for transport land . . . . . . . . . . . . . . 13
17 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 Amendment of Property Law Act 1974
18 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 179 (Right to support of land and buildings) . . . 14
Part 5 Amendment of Transport Infrastructure Act 1994
20 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Replacement of ch 6, pt 6, hdg (Franchised roads) . . . . . . . . . . . 15
23 Insertion of new ch 6, pt 6, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2 State toll road corridor land
84A Declaration of land as State toll road corridor land . . 15
84B State toll road corridor land on rail corridor land . . . . 16
84C Effect on land of State toll road corridor land
declaration ........................... 18
24 Amendment of s 86 (Tabling of road franchise agreements) . . . . 18
25 Amendment of s 92 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . 19
26 Replacement of s 93 (Tolls) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
93 Tolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 94 (Liability for toll and satisfying the liability) . . 20
28 Amendment of s 97 (Definition for div 3) . . . . . . . . . . . . . . . . . . . 21
29 Replacement of s 98 (Liability for administration charge in
addition to unpaid toll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
98 Liability for administration charge in addition to
unpaid toll and user administration charge. . . . . . . . . 22
30 Amendment of s 99 (Notice to vehicle's registered operator). . . . 22
31 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
99A Corporation may be taken to be driver of vehicle . . . . 22
32 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 8 Local government tollways
Division 1 Preliminary
105A Objectives of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
105B Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Approval of tollway project
105C Approval of tollway project . . . . . . . . . . . . . . . . . . . . . 25
105D Local government to keep Minister informed . . . . . . . 26
3
Transport and Other Legislation Amendment Bill 2005
105E Minister may amend approval . . . . . . . . . . . . . . . . . . 27
105F When approval has effect . . . . . . . . . . . . . . . . . . . . . . 28
105G State not liable for loss relating to approved tollway
project .............................. 28
Division 3 Local government tollway corridor land
105H Declaration of land as local government tollway
corridor land .......................... 28
105I Local government tollway corridor land on rail
corridor land .......................... 30
105J Effect on land of local government tollway corridor
land declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
105K Relationship with other Acts . . . . . . . . . . . . . . . . . . . . 33
Division 4 Public utility plant
Subdivision 1 Preliminary
105L Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 2 Ownership of public utility plant
105M Retention of ownership of public utility plant . . . . . . . 33
Subdivision 3 Powers of public utility provider on local
government tollway corridor land
105N Public utility plant on local government tollway
corridor land ........................... 34
Subdivision 4 Obligations of public utility provider
105O Local government must give public utility provider
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
105P Public utility provider to consult with local
government before replacing public utility plant . . . . . 35
105Q Public utility provider to comply with local
government's or chief executive officer's agreement . 36
105R Local government may require public utility provider
to change position of public utility plant . . . . . . . . . . . 36
105S Information by public utility provider to local
government .......................... 37
Subdivision 5 Liability for matters relating to public utility
plant
105T Liability for damage caused by failure to comply with
request for information . . . . . . . . . . . . . . . . . . . . . . . . 37
105U Liability for damage caused by failure to give enough
detail about location of public utility plant . . . . . . . . . . 38
105V Liability for damage caused because of failure to
comply with local government's requirements . . . . . . 38
105W Liability of public utility provider to pay additional
expenses incurred by local government . . . . . . . . . . . 38
4
Transport and Other Legislation Amendment Bill 2005
Subdivision 6 Replacement or reconstruction of public utility
plant
105X Replacement or reconstruction of public utility plant . 39
Division 5 Franchising local government tollway corridor
land
105Y Power to enter into tollway franchise agreements . . . 40
105Z Tabling of summaries of local government tollway
franchise agreements . . . . . . . . . . . . . . . . . . . . . . . . . 41
105ZA Annual report on operation of part . . . . . . . . . . . . . . . 42
Division 6 Local government tollways
Subdivision 1 Declaration of local government tollways
105ZB Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 2 Liability for tolls
105ZC Liability for toll and user administration charge and
satisfying the liability. . . . . . . . . . . . . . . . . . . . . . . . . . 43
105ZD Using the E toll system. . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 3 Failure to pay toll
105ZE Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 45
105ZF Definition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
105ZG Liability for administration charge in addition to
unpaid toll and user administration charge. . . . . . . . . 46
105ZH Notice to vehicle's registered operator . . . . . . . . . . . . 46
105ZI Corporation may be taken to be driver of vehicle . . . . 47
105ZJ Notice to information holder . . . . . . . . . . . . . . . . . . . . 47
105ZK Notice to person identified as driver . . . . . . . . . . . . . . 48
Subdivision 4 Statutory declarations and limitation on
offences
105ZL Statutory declarations for sdiv 3 . . . . . . . . . . . . . . . . . 49
105ZM Limit on offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 5 Confidentiality of personal information
105ZN Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 6 Evidentiary matters
105ZO Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . 51
33 Amendment of s 243 (Status of railway land). . . . . . . . . . . . . . . . 52
34 Amendment of s 249 (Railways on State-controlled roads) . . . . . 52
35 Amendment of s 303 (Effect on land of busway declaration) . . . . 53
36 Amendment of s 354 (Effect on land of light rail declaration) . . . . 54
37 Insertion of new ch 18, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
5
Transport and Other Legislation Amendment Bill 2005
Part 7 Transitional provisions for Transport and Other
Legislation Amendment Act 2005
543 Transitional provision for toll roads . . . . . . . . . . . . . . . 54
544 Transitional provision for north-south bypass tunnel
project .............................. 55
38 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . 56
39 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Schedule 5 Matters for notice for toll road or local
government tollway
40 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 6 Amendment of Transport Planning and Coordination Act
1994
41 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
42 Insertion of new pt 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 4B Special provision for local government tollways
28D Powers regarding property . . . . . . . . . . . . . . . . . . . . . 61
2005
A Bill
for
An Act to amend particular Acts administered by the Minister
for Transport, and for other purposes
s1 8 s5
Transport and Other Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport and Other Legislation 4
Amendment Act 2005. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Acquisition of 8
Land Act 1967 9
Clause 3 Act amended in pt 2 10
This part amends the Acquisition of Land Act 1967. 11
Clause 4 Amendment of s 2 (Definitions) 12
(1) Section 2, definitions approved local government, gazette 13
resumption notice and notification of resumption-- 14
omit. 15
(2) Section 2-- 16
insert-- 17
`gazette resumption notice means the gazette notice 18
mentioned in section 9(7).'. 19
Clause 5 Amendment of s 7 (Notice of intention to take land) 20
Section 7(4B), from `section 9(3)' to `resume'-- 21
s6 9 s8
Transport and Other Legislation Amendment Bill 2005
omit, insert-- 1
`section 9(2) has not been made within the time prescribed by 2
section 9(3)'. 3
Clause 6 Amendment of s 9 (Means by which land to be taken 4
other than by Brisbane City Council or an approved local 5
government) 6
(1) Section 9, heading-- 7
omit, insert-- 8
`9 Ways in which land is to be taken'. 9
(2) Section 9(1)-- 10
omit. 11
(3) Section 9(2), (3) and (3A)-- 12
renumber as section 9(1), (2) and (3). 13
Clause 7 Omission of s 10 (Means by which land to be taken by 14
Brisbane City Council or an approved local government) 15
Section 10-- 16
omit. 17
Clause 8 Amendment of s 12 (Effect of gazette resumption notice) 18
(1) Section 12(1)(b)-- 19
omit. 20
(2) Section 12(1)(a)(i) and (ii)-- 21
renumber as section 12(1)(a) and (b). 22
(3) Section 12(1), from `subsection (4)' to `land taken by a 23
gazette'-- 24
omit, insert-- 25
`subsection (4), land taken by a gazette'. 26
(4) Section 12(4), `, including Brisbane City Council,'-- 27
omit. 28
s9 10 s9
Transport and Other Legislation Amendment Bill 2005
(5) Section 12(6)(b), `or, as the case may be, 7, 8 and 10'-- 1
omit. 2
(6) Section 12(7), `or, as the case may be, Brisbane City 3
Council'-- 4
omit. 5
Clause 9 Amendment of s 15 (Taking by agreement) 6
(1) Section 15(1A), `, 9 and 10 (other than subsections (5) to (7) 7
thereof)'-- 8
omit, insert-- 9
`and 9'. 10
(2) Section 15(3), (4), (4A), (6C), (7), (7A) and (7B)-- 11
omit. 12
(3) Section 15(3C), `(3A)'-- 13
omit, insert-- 14
`(7)'. 15
(4) Section 15(5), `(3A) or (4)'-- 16
omit, insert-- 17
`(7)'. 18
(5) Section 15(6)(b), `(5)'-- 19
omit, insert-- 20
`(10)'. 21
(6) Section 15(6A), `(3A)'-- 22
omit, insert-- 23
`(7)'. 24
(7) Section 15(8), `or 10'-- 25
omit. 26
(8) Section 15(9), from `under subsection (3)' to `subsection 27
(7)'-- 28
omit, insert-- 29
s 10 11 s 12
Transport and Other Legislation Amendment Bill 2005
`under subsection (7)'. 1
(9) Section 15(1A) to (9)-- 2
renumber as section 15(2) to (15). 3
Clause 10 Amendment of s 16 (Discontinuance of resumption 4
before proclamation or notification of resumption) 5
(1) Section 16, heading-- 6
omit, insert-- 7
`16 Discontinuance of resumption before publication of 8
gazette resumption notice'. 9
(2) Section 16(2), from `section 9(3)' to `intention to resume'-- 10
omit, insert-- 11
`section 9(2) has not been made within the time prescribed by 12
section 9(3)'. 13
Clause 11 Amendment of s 17 (Revocation before determination of 14
compensation) 15
(1) Section 17(1), `or Brisbane City Council'-- 16
omit. 17
(2) Section 17(2)(b), `or Brisbane City Council'-- 18
omit. 19
Clause 12 Replacement of pt 6, hdg (Transitional provisions) 20
Part 6, heading-- 21
omit, insert-- 22
`Part 6 Transitional and other 23
provisions 24
`Division 1 Provision for Acquisition of Land 25
Amendment Act 1999'. 26
s 13 12 s 13
Transport and Other Legislation Amendment Bill 2005
Clause 13 Insertion of new pt 6, div 2 1
After section 44-- 2
insert-- 3
`Division 2 Provision for Transport and Other 4
Legislation Amendment Act 2005 5
`45 Transitional provision for taking of land by Brisbane 6
City Council and other local governments 7
`(1) This section applies if, before the commencement, Brisbane 8
City Council or another local government had-- 9
(a) under section 7, served a notice of intention to resume 10
for land on a person; but 11
(b) a notification of resumption for the land had not been 12
published in the gazette. 13
`(2) After the commencement-- 14
(a) Brisbane City Council or the other local government 15
may continue to take the land as if the Transport and 16
Other Legislation Amendment Act 2005, part 2 had not 17
been enacted; and 18
(b) this Act applies to the taking of the land as if the 19
Transport and Other Legislation Amendment Act 2005, 20
part 2 had not been enacted. 21
`(3) In this section-- 22
commencement means the commencement of this section. 23
notification of resumption means a notice published in the 24
gazette under section 10(2) as in force before the 25
commencement.'. 26
s 14 13 s 16
Transport and Other Legislation Amendment Bill 2005
Part 3 Amendment of Land Act 1994 1
Clause 14 Act amended in pt 3 2
This part amends the Land Act 1994. 3
Clause 15 Amendment of s 290J (Requirements for registration of 4
plan of subdivision) 5
Section 290J-- 6
insert-- 7
`(3) If the plan of subdivision relates only to transport land, the 8
plan of subdivision need not be consented to by the Minister 9
as otherwise would be required under subsection (1).'. 10
Clause 16 Insertion of new ch 6, pt 4, div 13 11
Chapter 6, part 4-- 12
insert-- 13
`Division 13 Miscellaneous 14
`390A Special provision for transport land 15
`(1) This section applies to any of the following dealings affecting 16
land-- 17
(a) a transfer under section 322 of a sublease; 18
(b) a sublease under section 332; 19
(c) an amendment under section 336 of a sublease; 20
(d) the creation under section 362 of an easement; 21
(e) the registration under section 363 of an easement; 22
(f) a transfer under section 369A of a public utility 23
easement; 24
(g) an amendment under section 370 of a registered 25
easement; 26
(h) the creation under section 373B of a covenant; 27
s 17 14 s 19
Transport and Other Legislation Amendment Bill 2005
(i) the amendment under section 373C of a covenant. 1
`(2) If land affected by the dealing is transport land, despite a 2
provision mentioned in subsection (1), the Minister's approval 3
is not required for the dealing or the registration of a 4
document for the dealing.'. 5
Clause 17 Amendment of sch 6 (Dictionary) 6
Schedule 6, definition transport land-- 7
insert-- 8
`(e) State toll road corridor land as defined under the 9
Transport Infrastructure Act 1994; 10
(f) local government tollway corridor land as defined under 11
the Transport Infrastructure Act 1994.'. 12
Part 4 Amendment of Property Law 13
Act 1974 14
Clause 18 Act amended in pt 4 15
This part amends the Property Law Act 1974. 16
Clause 19 Amendment of s 179 (Right to support of land and 17
buildings) 18
Section 179, from `on it'-- 19
omit, insert-- 20
`on or below it that will withdraw support from any other land 21
or from any building, structure or erection that has been 22
placed on or below it.'. 23
s 20 15 s 23
Transport and Other Legislation Amendment Bill 2005
Part 5 Amendment of Transport 1
Infrastructure Act 1994 2
Clause 20 Act amended in pt 5 3
This part amends the Transport Infrastructure Act 1994. 4
Clause 21 Insertion of new s 3A 5
After section 3-- 6
insert-- 7
`3A Notes in text 8
`A note in the text of this Act is part of the Act.'. 9
Clause 22 Replacement of ch 6, pt 6, hdg (Franchised roads) 10
Chapter 6, part 6, heading-- 11
omit, insert-- 12
`Part 6 State toll road corridor land 13
and franchised roads 14
`Division 1 Preliminary'. 15
Clause 23 Insertion of new ch 6, pt 6, div 2 16
After section 84-- 17
insert-- 18
`Division 2 State toll road corridor land 19
`84A Declaration of land as State toll road corridor land 20
`(1) The Minister may, by gazette notice, declare the following 21
land to be State toll road corridor land-- 22
(a) land that is a road under the Land Act 1994; 23
s 23 16 s 23
Transport and Other Legislation Amendment Bill 2005
(b) land, not mentioned in paragraph (a), that is held by the 1
State. 2
`(2) The land must be-- 3
(a) identified specifically in the gazette notice; or 4
(b) identified generally in the gazette notice, and identified 5
specifically in documents described in the gazette notice 6
and available to be read at an office of the department 7
mentioned in the gazette notice. 8
`(3) The declaration of land as State toll road corridor land may be 9
subject to conditions, included in the declaration under 10
subsection (1), the Minister considers necessary or desirable 11
in the circumstances. 12
`84B State toll road corridor land on rail corridor land 13
`(1) This section applies if, under section 84A, the Minister 14
intends to declare a road, or part of a road, that crosses rail 15
corridor land and continues on the other side of the rail 16
corridor land to be State toll road corridor land. 17
`(2) Before making the declaration, the Minister must-- 18
(a) consult with the railway manager, if any, for the rail 19
corridor land; and 20
(b) give the railway manager a reasonable opportunity to 21
make submissions to the Minister about the intended 22
declaration. 23
`(3) If the Minister decides to declare the road, or part of the road, 24
to be State toll road corridor land, the declaration under 25
section 84A must also declare the part of the rail corridor land 26
where it is crossed by the road to be a common area (common 27
area) for the rail corridor land and the State toll road corridor 28
land. 29
`(4) When the common area is declared-- 30
(a) the chief executive may construct, maintain and operate 31
a toll road on the common area in a way not inconsistent 32
with its use as rail corridor land; and 33
34
Examples for paragraph (a)--
35
· a bridge or other structure over a railway
s 23 17 s 23
Transport and Other Legislation Amendment Bill 2005
1
· a bridge or other structure that allows the toll road to pass
2
under the railway
(b) the railway manager, if any, for the rail corridor land 3
may construct, maintain and operate a railway on the 4
common area in a way not inconsistent with its use as a 5
toll road; and 6
(c) the railway manager and its agents or employees do not 7
have any liability for the toll road or its use or operation 8
on the common area. 9
`(5) Unless the chief executive and the railway manager, if any, 10
for the rail corridor land otherwise agree-- 11
(a) subject to section 251,1 the chief executive is responsible 12
for maintaining a toll road on the common area; and 13
(b) if the toll road on the common area stops being used, the 14
chief executive is responsible for the cost of removing 15
road transport infrastructure from the common area and 16
restoring the railway. 17
`(6) The State is taken not to be in breach of any of its obligations 18
in a sublease of the rail corridor land, whether entered into 19
before or after the commencement of this section, between the 20
State and the railway manager by-- 21
(a) the Minister's declaration; or 22
(b) anything done by the chief executive under this chapter 23
for the common area. 24
`(7) If a declaration under section 84A includes a common area-- 25
(a) the chief executive must, as soon as practicable, give a 26
copy of the gazette notice of the declaration to the 27
registrar of titles; and 28
(b) the registrar of titles must record the declaration on the 29
relevant lease of the rail corridor land to the State and 30
any affected sublease in the leasehold land register; and 31
(c) any existing common area on the part of the rail corridor 32
land where it is crossed by the road is, on the publication 33
of the declaration, extinguished. 34
1 Section 251 (Maintaining roads crossing railways)
s 24 18 s 24
Transport and Other Legislation Amendment Bill 2005
`84C Effect on land of State toll road corridor land 1
declaration 2
`(1) If a road, or part of a road, under the Land Act 1994 is 3
declared under section 84A to be State toll road corridor land, 4
the road or part-- 5
(a) stops being a road under that Act; and 6
(b) becomes unallocated State land. 7
`(2) If a lot, or part of a lot, under the Land Title Act 1994 is 8
declared under section 84A to be State toll road corridor land, 9
the lot or part becomes unallocated State land. 10
`(3) If land, other than land mentioned in subsection (1) or (2) or 11
unallocated State land, is declared under section 84A to be 12
State toll road corridor land, the land becomes unallocated 13
State land. 14
`(4) The Governor in Council must lease State toll road corridor 15
land to the State under the Land Act 1994, section 17. 16
`(5) The lease is in perpetuity and, if demanded, for a rent of $1 a 17
year. 18
`(6) The State may lease State toll road corridor land to another 19
person. 20
`(7) The lease under subsection (6) may include an option to 21
renew the lease. 22
`(8) The terms of the lease under subsection (6), including an 23
option to renew the lease, and a renewed lease are to be 24
decided by the Minister. 25
`(9) The Land Act 1994, sections 157, 183, 204, 211 and 336(2)(a) 26
and (c) do not apply to a lease or sublease of State toll road 27
corridor land. 28
`Division 3 Franchised roads'. 29
Clause 24 Amendment of s 86 (Tabling of road franchise 30
agreements) 31
(1) Section 86, heading, before `road franchise agreements'-- 32
insert-- 33
s 25 19 s 26
Transport and Other Legislation Amendment Bill 2005
`summaries of'. 1
(2) Section 86, after `table'-- 2
insert-- 3
`a document containing a summary of'. 4
(3) Section 86-- 5
insert-- 6
`(2) Before the document is tabled, it must be certified by the 7
auditor-general as being an accurate summary of the road 8
franchise agreement or amendment.'. 9
Clause 25 Amendment of s 92 (Definitions for pt 7) 10
(1) Section 92, definitions administration charge, E toll only pay 11
point, exempt vehicle, registered operator, registration Act, 12
toll plaza and valid account-- 13
omit. 14
(2) Section 92-- 15
insert-- 16
`user administration charge, for a toll, means the user 17
administration charge set, under a gazette notice under section 18
93, for persons making payment of the toll other than in cash 19
or by use of the E toll system.'. 20
(3) Section 92, definitions designated vehicle and toll road, 21
`regulation'-- 22
omit, insert-- 23
`gazette notice'. 24
Clause 26 Replacement of s 93 (Tolls) 25
Section 93-- 26
omit, insert-- 27
`93 Tolls 28
`(1) The Minister may, by gazette notice, declare that any of the 29
following is a toll road-- 30
s 27 20 s 27
Transport and Other Legislation Amendment Bill 2005
(a) a State-controlled road or part of a State-controlled 1
road; 2
(b) a franchised road or part of a franchised road; 3
(c) State toll road corridor land or part of State toll road 4
corridor land. 5
`(2) A declaration under subsection (1) must include notice of the 6
matters mentioned in schedule 5 for the toll road. 7
`(3) A toll may be set in a way that applies differently-- 8
(a) to different classes of vehicles; or 9
(b) by reference to stated exceptions or factors. 10
`(4) Subsection (3) does not limit schedule 5 or the Statutory 11
Instruments Act 1992. 12
`(5) An administration charge, under a gazette notice under 13
subsection (1), for a toll must not be more than the reasonable 14
cost, under this division, of issuing a notice for, and 15
collecting, the unpaid toll and administration charge for the 16
toll. 17
`(6) A user administration charge, under a gazette notice under 18
subsection (1), for a toll must not be more than the reasonable 19
cost, under this division, of administering and collecting 20
payment of the toll.'. 21
Clause 27 Amendment of s 94 (Liability for toll and satisfying the 22
liability) 23
(1) Section 94, heading, after `toll'-- 24
insert-- 25
`and user administration charge'. 26
(2) Section 94(1), from `for the toll payable'-- 27
omit, insert-- 28
`for-- 29
(a) the toll payable at the toll plaza for the use of the toll 30
road by the vehicle; and 31
s 28 21 s 28
Transport and Other Legislation Amendment Bill 2005
(b) if the driver satisfies the driver's liability under 1
paragraph (a) other than in cash or by use of the E toll 2
system--the user administration charge for the toll.'. 3
(3) Section 94(2), after `unpaid toll'-- 4
insert-- 5
`or user administration charge'. 6
(4) Section 94(3)-- 7
omit, insert-- 8
`(3) However, the driver is not liable to pay the amount of the user 9
administration charge for the toll if the toll is unpaid 10
because-- 11
(a) the driver's transponder or other electronic device is 12
faulty; or 13
(b) the E toll system is faulty or otherwise inoperable. 14
`(3A) The driver may satisfy the driver's liability for the toll payable 15
at a toll plaza by-- 16
(a) if a part of the toll plaza is designated by appropriate 17
signs as available for making a toll payment in 18
cash--making a payment in cash of the toll payable; or 19
(b) if a part of the toll plaza is designated by appropriate 20
signs as available for making a toll payment by using a 21
touch tag--using a touch tag as required by the toll road 22
operator; or 23
(c) if there is an E toll only pay point at the toll plaza, or 24
another part of the toll plaza designated by appropriate 25
signs as available for using the E toll system--using the 26
E toll system as required under section 95(1); or 27
(d) if a gazette notice under section 93 provides another 28
way of making the payment--making the payment in 29
that way.'. 30
Clause 28 Amendment of s 97 (Definition for div 3) 31
Section 97, definition deferred toll amount-- 32
insert-- 33
s 29 22 s 31
Transport and Other Legislation Amendment Bill 2005
`(c) the amount of the user administration charge for the 1
toll.'. 2
Clause 29 Replacement of s 98 (Liability for administration charge 3
in addition to unpaid toll) 4
Section 98-- 5
omit, insert-- 6
`98 Liability for administration charge in addition to 7
unpaid toll and user administration charge 8
`(1) If this division applies to a driver, the driver immediately 9
becomes liable to pay the toll road operator, in addition to the 10
unpaid toll and the user administration charge for the toll, the 11
amount of the administration charge for the toll. 12
`(2) However, the driver is not liable under subsection (1) to pay 13
the amount of the administration charge for the toll if the toll 14
is unpaid because-- 15
(a) the driver's transponder or other electronic device is 16
faulty; or 17
(b) the E toll system is faulty or otherwise inoperable.'. 18
Clause 30 Amendment of s 99 (Notice to vehicle's registered 19
operator) 20
Section 99(2)(b)(i), before `establishes'-- 21
insert-- 22
`if the registered operator is an individual--'. 23
Clause 31 Insertion of new s 99A 24
After section 99-- 25
insert-- 26
`99A Corporation may be taken to be driver of vehicle 27
`(1) This section applies if the registered operator of the vehicle-- 28
(a) is a corporation; and 29
s 32 23 s 32
Transport and Other Legislation Amendment Bill 2005
(b) fails to give the toll road operator all the help, under 1
section 99(2)(b)(ii), the registered operator can 2
reasonably give to enable the toll road operator to 3
establish the name and address of the driver of the 4
vehicle. 5
`(2) The registered operator of the vehicle is taken to be the driver 6
of the vehicle for sections 94 and 98.'. 7
Clause 32 Insertion of new ch 6, pt 8 8
After section 105-- 9
insert-- 10
`Part 8 Local government tollways 11
`Division 1 Preliminary 12
`105A Objectives of pt 8 13
`The objectives of this part are-- 14
(a) to provide a framework for the management and 15
operation of local government tollway corridor land; 16
and 17
(b) to ensure transport infrastructure on local government 18
tollway corridor land is-- 19
(i) developed as an integrated and affordable transport 20
system consistent with public transport 21
infrastructure and the existing road network; and 22
(ii) integrated with the objectives of land use planning; 23
and 24
(iii) provided in a coordinated and efficient way with an 25
acceptable level of community access; and 26
(iv) responsive to community needs and the challenges 27
of further growth; and 28
(v) financially viable. 29
s 32 24 s 32
Transport and Other Legislation Amendment Bill 2005
`105B Definitions for pt 8 1
`In this part-- 2
approved tollway project means a tollway project approved 3
under section 105C(2) to be an approved tollway project. 4
designated vehicle means a vehicle, other than an exempt 5
vehicle, of a type in relation to which a toll is payable under a 6
notice under section 105ZB(4). 7
E toll system means an electronic system operated by a local 8
government tollway operator for the recording, or the 9
recording and meeting, of liability for a toll for use of the 10
local government tollway. 11
local government franchised road means land to which a 12
local government tollway franchise agreement applies, and 13
includes facilities identified in the local government tollway 14
franchise agreement that are on or for the tollway and relate to 15
the operation or servicing of the tollway or facilities for 16
tollway users. 17
local government tollway means any of the following, 18
declared under section 105ZB to be a local government 19
tollway-- 20
(a) a local government franchised road or part of a local 21
government franchised road; 22
(b) local government tollway corridor land or part of local 23
government tollway corridor land. 24
local government tollway corridor land-- 25
(a) for division 4--see section 105L; or 26
(b) otherwise--means land declared under section 105H to 27
be local government tollway corridor land. 28
local government tollway franchise agreement see section 29
105Y. 30
local government tollway infrastructure means transport 31
infrastructure relating to local government tollways. 32
local government tollway infrastructure works means works 33
done for-- 34
s 32 25 s 32
Transport and Other Legislation Amendment Bill 2005
(a) constructing local government tollway infrastructure or 1
things associated with local government tollway 2
infrastructure; or 3
(b) maintaining local government tollway infrastructure or 4
things associated with local government tollway 5
infrastructure; or 6
(c) facilitating the operation of local government tollway 7
infrastructure or things associated with local 8
government tollway infrastructure. 9
local government tollway operator, for a local government 10
tollway, means-- 11
(a) if the local government tollway is the subject of a local 12
government tollway franchise agreement--the person 13
stated in the agreement as the person who is to operate 14
the local government tollway; or 15
(b) otherwise--the relevant local government. 16
prescribed time, for a notice given to a person under division 17
6, subdivision 3, means 30 days, or the greater number of days 18
stated in the notice, after the notice is given. 19
tollway project means a project for the development and 20
construction of a tollway, including local government tollway 21
infrastructure. 22
user administration charge, for a toll, means the user 23
administration charge set, under a notice under section 24
105ZB(4), for persons making payment of the toll other than 25
in cash or by use of the E toll system. 26
`Division 2 Approval of tollway project 27
`105C Approval of tollway project 28
`(1) A local government may, by written notice given to the 29
Minister, ask the Minister for approval for a tollway project. 30
`(2) The Minister may, by written notice given to the local 31
government, approve the tollway project to be an approved 32
tollway project. 33
s 32 26 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) Without limiting the matters to which the Minister may have 1
regard in deciding whether to approve a tollway project, the 2
Minister may have regard to the following matters-- 3
(a) whether the tollway project is viable or likely to be 4
viable, including, for example, whether the tollway 5
under the tollway project will be economically, 6
financially and technically viable; 7
(b) whether the funding of the tollway project is viable or 8
likely to be viable, including, for example, whether 9
funding of the tollway project provides the local 10
government with the best value for money outcome; 11
(c) whether the tollway project-- 12
(i) meets an identified community need; and 13
(ii) fits with transport plans prepared by the State; and 14
(iii) is considered to be a priority by the State; 15
(d) whether the tollway project has an impact on other 16
transport infrastructure policies, priorities and services; 17
(e) whether there is an alternative road for which a toll is 18
not charged and that offers an acceptable level of 19
service; 20
(f) the proposed methodology or strategy for charging tolls 21
for use of the tollway. 22
`(4) The approval of a tollway project may be subject to 23
conditions, included in the notice under subsection 2, about 24
matters the Minister considers necessary or desirable in the 25
circumstances, including, for example, a matter mentioned in 26
subsection (3). 27
`(5) This section is in addition to and not in substitution for-- 28
(a) the State Development and Public Works Organisation 29
Act 1971; or 30
(b) the Statutory Bodies Financial Arrangements Act 1982. 31
`105D Local government to keep Minister informed 32
`(1) A local government that is undertaking an approved tollway 33
project must, by written notice given to the Minister, inform 34
s 32 27 s 32
Transport and Other Legislation Amendment Bill 2005
the Minister about any material change to the approved 1
tollway project as soon as practicable after the local 2
government becomes aware of the material change. 3
`(2) Without limiting subsection (1), a material change to an 4
approved tollway project includes a change that may-- 5
(a) adversely affect the local government's financial 6
position in a material way; or 7
(b) adversely affect the State's financial position in a 8
material way; or 9
(c) adversely impact on the operation or management of a 10
State-controlled road, a franchised road or public 11
transport in a material way; or 12
(d) affect the proposed methodology or strategy for 13
charging tolls for use of the tollway; or 14
(e) change the performance specifications for the approved 15
tollway project, including, for example, the project 16
alignment or design or the land required for the 17
approved tollway project. 18
`105E Minister may amend approval 19
`(1) This section applies if the Minister is reasonably satisfied 20
there is a material change to an approved tollway project. 21
`(2) The Minister may, at any time during the currency of the 22
approval for the approved tollway project, amend the approval 23
by written notice given to the local government. 24
`(3) The Minister may amend the approval by-- 25
(a) imposing a condition on the approval; or 26
(b) amending a condition on the approval; or 27
(c) removing a condition on the approval. 28
`(4) For subsection (2), the Minister may amend the approval-- 29
(a) because of a notice given under section 105D of a 30
material change; or 31
(b) on the Minister's own initiative. 32
s 32 28 s 32
Transport and Other Legislation Amendment Bill 2005
`(5) An amendment of an approval takes effect on the day the 1
notice of the amendment is given to the local government or 2
the later day stated in the notice. 3
`105F When approval has effect 4
`An approval under section 105C(2)-- 5
(a) starts on the day the Minister gives the local government 6
written notice under that subsection about the approval; 7
and 8
(b) ends on the earlier of the following days-- 9
(i) the day the Minister declares, under section 10
105ZB, the land the subject of the approved 11
tollway project to be a local government tollway; 12
(ii) the day the Minister revokes the approval. 13
14
Note--
15
For the way in which the power to revoke an approval is
16
exercisable, see the Acts Interpretation Act 1954, section
17
24AA.
`105G State not liable for loss relating to approved tollway 18
project 19
`The State is not liable for any loss suffered by the local 20
government or another person arising out of the approval of a 21
tollway project, including any conditions to which the 22
approval is subject, or an amendment or revocation of the 23
approval. 24
`Division 3 Local government tollway corridor 25
land 26
`105H Declaration of land as local government tollway 27
corridor land 28
`(1) A local government that has an approved tollway project may 29
ask the Minister to declare any of the following land to be 30
local government tollway corridor land-- 31
s 32 29 s 32
Transport and Other Legislation Amendment Bill 2005
(a) land acquired by the local government for the approved 1
tollway project, including under the Transport Planning 2
and Coordination Act 1994, section 28D; 3
(b) land that is a road under the Land Act 1994, other than a 4
State-controlled road; 5
(c) land, not mentioned in paragraph (a) or (b), held by the 6
local government; 7
(d) land, not mentioned in paragraph (b), held by the State. 8
`(2) If asked to declare land mentioned in subsection (1)(a) to be 9
local government tollway corridor land, the Minister must, by 10
gazette notice, declare the land to be local government tollway 11
corridor land. 12
`(3) If asked to declare land mentioned in subsection (1)(b), (c) or 13
(d) to be local government tollway corridor land, the Minister 14
may, by gazette notice, declare the land to be local 15
government tollway corridor land. 16
`(4) However, the Minister must make a declaration under 17
subsection (2), or may make a declaration under subsection 18
(3), only if the Minister is satisfied the local government has 19
complied with-- 20
(a) all conditions to which, under division 2, the approved 21
tollway project is subject; and 22
(b) all other requirements relevant to the approved tollway 23
project under this Act and other Acts. 24
`(5) The land must be-- 25
(a) identified specifically in the gazette notice; or 26
(b) identified generally in the gazette notice, and identified 27
specifically in documents described in the gazette notice 28
and available to be read at the local government's public 29
office. 30
`(6) The declaration of land as local government tollway corridor 31
land may be subject to conditions, included in the declaration 32
under subsection (2) or (3), the Minister considers necessary 33
or desirable in the circumstances. 34
s 32 30 s 32
Transport and Other Legislation Amendment Bill 2005
`105I Local government tollway corridor land on rail 1
corridor land 2
`(1) This section applies if, under section 105H, the Minister 3
intends to declare a road, or part of a road, that crosses rail 4
corridor land and continues on the other side of the rail 5
corridor land to be local government tollway corridor land. 6
`(2) Before making the declaration, the Minister must-- 7
(a) consult with the railway manager, if any, for the rail 8
corridor land; and 9
(b) give the railway manager a reasonable opportunity to 10
make submissions to the Minister about the intended 11
declaration. 12
`(3) If the Minister decides to declare the road, or part of the road, 13
to be local government tollway corridor land, the declaration 14
under section 105H(2) or (3) must also declare the part of the 15
rail corridor land where it is crossed by the road to be a 16
common area (common area) for the rail corridor land and the 17
local government tollway corridor land. 18
`(4) The declaration of a common area may be subject to 19
conditions, included in the declaration under section 105H(2) 20
or (3), the Minister considers necessary or desirable. 21
`(5) When the common area is declared-- 22
(a) the local government for whom the declaration of the 23
local government tollway corridor land is made may 24
construct, maintain and operate a local government 25
tollway on the common area in a way not inconsistent 26
with its use as rail corridor land; and 27
28
Examples for paragraph (a)--
29
· a bridge or other structure over a railway
30
· a bridge or other structure that allows the tollway to pass
31
under the railway
(b) the railway manager, if any, for the rail corridor land 32
may construct, maintain and operate a railway on the 33
common area in a way not inconsistent with its use as a 34
local government tollway; and 35
s 32 31 s 32
Transport and Other Legislation Amendment Bill 2005
(c) the railway manager and its agents or employees do not 1
have any liability for the local government tollway or its 2
use or operation on the common area. 3
`(6) Unless the local government and the railway manager, if any, 4
for the rail corridor land otherwise agree-- 5
(a) subject to section 251,2 the local government is 6
responsible for maintaining a local government tollway 7
on the common area; and 8
(b) if the local government tollway on the common area 9
stops being used, the local government is responsible for 10
the cost of removing local government tollway 11
infrastructure from the common area and restoring the 12
railway. 13
`(7) The State is taken not to be in breach of any of its obligations 14
in a sublease of the rail corridor land, whether entered into 15
before or after the commencement of this section, between the 16
State and the railway manager by-- 17
(a) the Minister's declaration; or 18
(b) anything done by the local government for the common 19
area. 20
`(8) If a declaration under section 105H(2) or (3) includes a 21
common area-- 22
(a) the chief executive must, as soon as practicable, give a 23
copy of the gazette notice of the declaration to the 24
registrar of titles; and 25
(b) the registrar of titles must record the declaration on the 26
relevant lease of the rail corridor land to the State and 27
any affected sublease in the leasehold land register; and 28
(c) any existing common area on the part of the rail corridor 29
land where it is crossed by the road is, on the publication 30
of the declaration, extinguished. 31
2 Section 251 (Maintaining roads crossing railways)
s 32 32 s 32
Transport and Other Legislation Amendment Bill 2005
`105J Effect on land of local government tollway corridor 1
land declaration 2
`(1) If a road, or part of a road, under the Land Act 1994 is 3
declared under section 105H to be local government tollway 4
corridor land, the road or part-- 5
(a) stops being a road under that Act; and 6
(b) becomes unallocated State land. 7
`(2) If a lot, or part of a lot, under the Land Title Act 1994 is 8
declared under section 105H to be local government tollway 9
corridor land, the lot or part becomes unallocated State land. 10
`(3) If land, other than land mentioned in subsection (1) or (2) or 11
unallocated State land, is declared under section 105H to be 12
local government tollway corridor land, the land becomes 13
unallocated State land. 14
`(4) The Governor in Council must lease local government tollway 15
corridor land to the State under the Land Act 1994, section 17. 16
`(5) The lease is in perpetuity and, if demanded, for a rent of $1 a 17
year. 18
`(6) The State must lease local government tollway corridor land 19
to the local government that asked, under section 105H, for 20
the land to be declared to be local government tollway 21
corridor land. 22
`(7) The lease under subsection (6) may include an option to 23
renew the lease. 24
`(8) The terms of the lease under subsection (6), including an 25
option to renew the lease, and a renewed lease are to be 26
decided by the Minister. 27
`(9) The local government may lease the local government tollway 28
corridor land to another person for use as a tollway. 29
`(10) A person to whom the local government has leased the local 30
government tollway corridor land, or a person who holds a 31
lease under the lease from the local government, may lease the 32
local government tollway corridor land to another person. 33
`(11) Each lease under subsection (9) or (10) may include an option 34
to renew the lease. 35
s 32 33 s 32
Transport and Other Legislation Amendment Bill 2005
`(12) The terms of each lease under subsection (9) or (10), 1
including an option to renew the lease, and a renewed lease 2
are to be decided by the lessor and lessee but must be 3
consistent with any conditions imposed on the approved 4
tollway project under an Act. 5
`105K Relationship with other Acts 6
`The following provisions do not apply to any lease or 7
sublease, under section 105J, of local government tollway 8
corridor land-- 9
(a) the Land Act 1994, sections 157, 183, 204, 211 and 10
336(2)(a) and (c); 11
(b) the Local Government Act 1993, sections 491 and 492; 12
(c) the City of Brisbane Act 1924, section 46H. 13
`Division 4 Public utility plant 14
`Subdivision 1 Preliminary 15
`105L Definition for div 4 16
`In this division-- 17
local government tollway corridor land means local 18
government tollway corridor land that, immediately before it 19
was declared under this chapter to be local government 20
tollway corridor land, was a road or part of a road. 21
`Subdivision 2 Ownership of public utility plant 22
`105M Retention of ownership of public utility plant 23
`(1) This section applies if, immediately before the declaration of 24
land as local government tollway corridor land, public utility 25
plant was located on the land. 26
s 32 34 s 32
Transport and Other Legislation Amendment Bill 2005
`(2) The declaration does not affect the ownership of the public 1
utility plant. 2
`Subdivision 3 Powers of public utility provider on 3
local government tollway corridor 4
land 5
`105N Public utility plant on local government tollway 6
corridor land 7
`(1) A public utility provider may do the following things on local 8
government tollway corridor land-- 9
(a) build, replace or take away, or alter, other than for 10
maintenance or repair, its public utility plant; 11
(b) maintain or repair, or alter, for maintenance or repair, its 12
public utility plant; 13
(c) take reasonable steps to stop obstruction or potential 14
obstruction to, or interference or potential interference 15
with, its public utility plant. 16
`(2) However, the public utility provider may do things mentioned 17
in subsection (1) only with the written agreement of the local 18
government for whom the declaration of the local government 19
tollway corridor land was made. 20
`(3) The local government must not unreasonably withhold 21
agreement. 22
`(4) However, the local government may impose conditions on the 23
agreement-- 24
(a) to ensure the safety of persons doing things mentioned 25
in subsection (1); or 26
(b) to require persons doing things mentioned in subsection 27
(1) to undergo training. 28
`(5) Despite subsection (2), a public utility provider may, if acting 29
in the interests of public safety, carry out urgent maintenance 30
of its public utility plant on local government tollway corridor 31
land without the written agreement of the local government. 32
s 32 35 s 32
Transport and Other Legislation Amendment Bill 2005
`(6) However, the public utility provider may carry out urgent 1
maintenance under subsection (5) only if the public utility 2
provider-- 3
(a) makes all reasonable attempts to obtain the oral 4
agreement of the chief executive officer of the local 5
government to the carrying out of the maintenance; and 6
(b) whether or not the chief executive officer's oral 7
agreement is obtained, acts as quickly as possible to 8
advise the local government of the details of the 9
maintenance being carried out. 10
`(7) Building or altering public utility plant under subsection 11
(1)(a) does not affect the ownership of the public utility plant. 12
`Subdivision 4 Obligations of public utility provider 13
`105O Local government must give public utility provider 14
information 15
`(1) This section applies if a public utility provider asks, in 16
writing, the local government for information about lines and 17
levels for planned local government tollway infrastructure on 18
local government tollway corridor land. 19
`(2) The local government must give the public utility provider the 20
information about the lines and levels necessary to enable the 21
public utility provider to minimise possible adverse effects of 22
the establishment of the infrastructure on the public utility 23
provider's works. 24
`105P Public utility provider to consult with local 25
government before replacing public utility plant 26
`(1) This section applies if a public utility provider proposes to 27
replace the whole or a substantial proportion of its public 28
utility plant on local government tollway corridor land. 29
`(2) The public utility provider must, before seeking written 30
agreement under section 105N, consult with the local 31
government. 32
s 32 36 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) The object of the consultation is to identify mutually 1
beneficial arrangements for the replacement of the public 2
utility plant, having regard to existing development plans for 3
the local government tollway corridor land. 4
`105Q Public utility provider to comply with local 5
government's or chief executive officer's agreement 6
`(1) This section applies if, in relation to local government tollway 7
corridor land, a public utility provider does something 8
mentioned in section 105N(1) (the relevant action)-- 9
(a) without the written agreement of the local government, 10
or the oral agreement of the local government's chief 11
executive officer, required under section 105N; or 12
(b) in a way inconsistent with an agreement with the local 13
government or chief executive officer. 14
`(2) The local government may, by written notice given to the 15
public utility provider, require the public utility provider, at 16
the public utility provider's cost, and within the time stated in 17
the notice, to take action to remedy the relevant action. 18
`(3) The time stated in the notice must be a time that is reasonable 19
in the circumstances. 20
`(4) If the public utility provider does not comply with the notice, 21
the local government may arrange for action the local 22
government considers necessary to remedy the relevant 23
action. 24
`(5) The local government's reasonable expenses in arranging for 25
the action to be carried out is a debt payable by the public 26
utility provider to the local government. 27
`105R Local government may require public utility provider 28
to change position of public utility plant 29
`(1) A local government may require a public utility provider to 30
change the position of the public utility provider's public 31
utility plant on local government tollway corridor land if the 32
local government considers that the public utility plant will 33
interfere with the exercise of the local government's powers 34
for the local government tollway corridor land. 35
s 32 37 s 32
Transport and Other Legislation Amendment Bill 2005
`(2) The local government is responsible only for the cost of 1
changing the position of the public utility plant. 2
`105S Information by public utility provider to local 3
government 4
`(1) If, in relation to public utility plant on local government 5
tollway corridor land, a public utility provider does something 6
mentioned in section 105N(1), the public utility provider must 7
prepare records adequately defining the location of the public 8
utility plant. 9
`(2) A public utility provider owning public utility plant located on 10
local government tollway corridor land must, if asked by the 11
local government, give the local government information 12
adequately defining the location of the public utility plant. 13
Maximum penalty for subsection (2)--40 penalty units. 14
`Subdivision 5 Liability for matters relating to 15
public utility plant 16
`105T Liability for damage caused by failure to comply with 17
request for information 18
`(1) This section applies if-- 19
(a) a local government causes damage to public utility plant 20
located on local government tollway corridor land; and 21
(b) before the damage was caused, the local government 22
had asked for information as mentioned in section 23
105S(2) from the public utility provider owning the 24
public utility plant; and 25
(c) the public utility provider had not, within a reasonable 26
time, complied with the request; and 27
(d) the damage was caused because of the failure to comply 28
with the request. 29
`(2) Unless the local government otherwise agrees, the local 30
government is not liable for the damage. 31
s 32 38 s 32
Transport and Other Legislation Amendment Bill 2005
`105U Liability for damage caused by failure to give enough 1
detail about location of public utility plant 2
`(1) This section applies if-- 3
(a) a local government causes damage to public utility plant 4
located on local government tollway corridor land; and 5
(b) information given to the local government under section 6
105S(2) did not define in enough detail the location of 7
the public utility plant; and 8
(c) the damage was caused because of the failure to define 9
in enough detail the location of the public utility plant. 10
`(2) Unless the local government otherwise agrees, the local 11
government is not liable for the damage. 12
`105V Liability for damage caused because of failure to 13
comply with local government's requirements 14
`(1) This section applies if-- 15
(a) a local government causes damage to public utility plant 16
located on local government tollway corridor land; and 17
(b) the damage is caused because the public utility provider 18
owning the public utility plant did something mentioned 19
in section 105N(1) in relation to the public utility plant 20
other than under the local government's requirements 21
under this division. 22
`(2) Unless the local government otherwise agrees, the local 23
government is not liable for the damage. 24
`105W Liability of public utility provider to pay additional 25
expenses incurred by local government 26
`(1) This section applies if a local government incurs additional 27
expense in carrying out local government tollway 28
infrastructure works on local government tollway corridor 29
land because a public utility provider-- 30
(a) did not give within a reasonable time information asked 31
for by the local government as mentioned in section 32
105S(2); or 33
s 32 39 s 32
Transport and Other Legislation Amendment Bill 2005
(b) in giving information as mentioned in section 105S(2) to 1
the local government, did not define in enough detail the 2
location of public utility plant; or 3
(c) did something mentioned in section 105N(1) in relation 4
to public utility plant other than under the local 5
government's requirements under this division. 6
`(2) Unless the local government otherwise agrees, the public 7
utility provider is liable to pay the local government the 8
additional expense. 9
`Subdivision 6 Replacement or reconstruction of 10
public utility plant 11
`105X Replacement or reconstruction of public utility plant 12
`(1) This section applies if the carrying out of local government 13
tollway infrastructure works on local government tollway 14
corridor land by or for the local government requires taking 15
away or replacing public utility plant. 16
`(2) The local government can not be compelled to replace or 17
reconstruct the public utility plant in its previous location and 18
form. 19
`(3) If the public utility plant is replaced or reconstructed-- 20
(a) it must be done under the local government's 21
requirements; and 22
(b) it must be done at the local government's expense. 23
`(4) However, the cost to the local government of replacement or 24
reconstruction of the public utility plant may be reduced by 25
agreement between the local government and the public utility 26
provider owning the public utility plant after taking into 27
account-- 28
(a) the remaining life of the public utility plant; and 29
(b) the salvage or scrap value of the public utility plant; and 30
(c) additional expense incurred because of inaccurate 31
information given by the public utility provider about 32
the location of the public utility plant; and 33
s 32 40 s 32
Transport and Other Legislation Amendment Bill 2005
(d) additional expense incurred because the public utility 1
plant was not constructed in accordance with the local 2
government's requirements. 3
`Division 5 Franchising local government 4
tollway corridor land 5
`105Y Power to enter into tollway franchise agreements 6
`(1) A local government may, with the Treasurer's approval under 7
the Statutory Bodies Financial Arrangements Act 1982, 8
section 60A, enter into an agreement (a local government 9
tollway franchise agreement) with a person under which, or 10
as part of which, the person is to invest in the construction, 11
maintenance or operation of-- 12
(a) a tollway under an approved tollway project; or 13
(b) a local government tollway. 14
`(2) The agreement must be consistent with-- 15
(a) for a tollway under an approved tollway 16
project--conditions to which, under division 2, the 17
approved tollway project is subject; and 18
(b) for a local government tollway--conditions to which, 19
under section 105ZB, the local government tollway is 20
subject; and 21
(c) all other requirements relevant to the approved tollway 22
project under this Act and other Acts. 23
`(3) Also, to the extent practicable, the agreement must be 24
consistent with-- 25
(a) the coordination plan; and 26
(b) the objectives of this Act; and 27
(c) the SEQ regional plan under the Integrated Planning Act 28
1997; and 29
(d) the objectives of the State's current transport 30
infrastructure strategies. 31
`(4) The agreement may include, for example, the following-- 32
s 32 41 s 32
Transport and Other Legislation Amendment Bill 2005
(a) provisions about the ownership of the local government 1
tollway infrastructure; 2
(b) provisions about tolls for the use of the local 3
government tollway; 4
(c) provisions about administration charges in relation to 5
tolls for the use of the local government tollway. 6
`105Z Tabling of summaries of local government tollway 7
franchise agreements 8
`(1) The mayor of a local government that enters into a local 9
government tollway franchise agreement or an amendment of 10
a local government tollway franchise agreement must, as soon 11
as practicable after the agreement or amendment is entered 12
into, table a document containing a summary of the agreement 13
or amendment at a meeting of the local government. 14
`(2) Without limiting subsection (1), the summary must contain 15
details of the substantive terms of the local government 16
tollway franchise agreement or amendment, including, for 17
example, any terms relating to the following matters-- 18
(a) the requirements for delivery of services; 19
(b) performance specifications; 20
(c) the transfer of assets; 21
(d) tolling arrangements. 22
`(3) Before the document is tabled, it must be certified by the 23
auditor-general as being an accurate summary of the local 24
government tollway franchise agreement or amendment. 25
`(4) The local government must-- 26
(a) keep the document open for inspection, free of charge, 27
by members of the public at its public office; and 28
(b) make copies available for purchase at a price not more 29
than the cost to the local government of producing the 30
copy and, if a copy is supplied to a purchaser by post, 31
the cost of the postage. 32
s 32 42 s 32
Transport and Other Legislation Amendment Bill 2005
`105ZAAnnual report on operation of part 1
`If a local government has entered into a local government 2
tollway franchise agreement, each annual report of the local 3
government must include a report on the operation of this part 4
during the financial year to which the report relates. 5
`Division 6 Local government tollways 6
`Subdivision 1 Declaration of local government 7
tollways 8
`105ZBDeclaration 9
`(1) The Minister may, by gazette notice, declare that any of the 10
following is a local government tollway-- 11
(a) a local government franchised road or part of a local 12
government franchised road; 13
(b) local government tollway corridor land or part of local 14
government tollway corridor land. 15
`(2) Without limiting the matters to which the Minister may have 16
regard in deciding whether to make a declaration under 17
subsection (1), the Minister may have regard to the following 18
matters-- 19
(a) whether there have been any material changes to the 20
approved tollway project; 21
(b) whether the local government has complied with 22
conditions to which, under division 2, the approved 23
tollway project is subject; 24
(c) whether the local government has complied with all 25
other requirements relevant to the approved tollway 26
project under this Act and other Acts. 27
`(3) A declaration under subsection (1) may be subject to 28
conditions about a matter mentioned in schedule 5 that the 29
Minister considers necessary in the circumstances. 30
`(4) If the Minister makes a declaration under subsection (1), the 31
local government must give notice of the matters mentioned in 32
s 32 43 s 32
Transport and Other Legislation Amendment Bill 2005
schedule 5 for the tollway before a toll becomes payable for 1
the use of the tollway. 2
`(5) Notice under subsection (4) must be given by a notice 3
published in a newspaper circulating generally in the local 4
government's area. 5
`(6) A toll may be set in a way that applies differently-- 6
(a) to different classes of vehicles; or 7
(b) by reference to stated exceptions or factors. 8
`(7) Subsection (6) does not limit schedule 5 or the Statutory 9
Instruments Act 1992. 10
`(8) An administration charge, under a notice under subsection (4), 11
for a toll must not be more than the reasonable cost, under this 12
division, of issuing a notice for, and collecting, the unpaid toll 13
and administration charge for the toll. 14
`(9) A user administration charge, under a notice under subsection 15
(4), for a toll must not be more than the reasonable cost, under 16
this division, of administering and collecting payment of the 17
toll. 18
`Subdivision 2 Liability for tolls 19
`105ZCLiability for toll and user administration charge and 20
satisfying the liability 21
`(1) The driver of a designated vehicle entering, or on, a local 22
government tollway is liable, at each toll plaza through which 23
the vehicle passes, for-- 24
(a) the toll payable at the toll plaza for the use of the local 25
government tollway by the vehicle; and 26
(b) if the driver satisfies the driver's liability under 27
paragraph (a) other than in cash or by use of the E toll 28
system--the user administration charge for the toll. 29
`(2) The amount of any unpaid toll or user administration charge 30
may be recovered by the local government tollway operator as 31
a debt from the driver, subject to any applicable agreement 32
made by the local government tollway operator. 33
s 32 44 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) However, the driver is not liable to pay the amount of the user 1
administration charge for the toll if the toll is unpaid 2
because-- 3
(a) the driver's transponder or other electronic device is 4
faulty; or 5
(b) the E toll system is faulty or otherwise inoperable. 6
`(4) The driver may satisfy the driver's liability for the toll payable 7
at a toll plaza by-- 8
(a) if a part of the toll plaza is designated by appropriate 9
signs as available for making a toll payment in 10
cash--making a payment in cash of the toll payable; or 11
(b) if there is an E toll only pay point at the toll plaza, or 12
another part of the toll plaza designated by appropriate 13
signs as available for using an E toll system--using the 14
E toll system as required under section 105ZD(1); or 15
(c) if a notice under section 105ZB(4) provides another way 16
of making the payment--making the payment in that 17
way. 18
`(5) If the designated vehicle is at an E toll only pay point at the 19
toll plaza, the driver may satisfy the driver's liability for the 20
toll only by-- 21
(a) using the E toll system as required under section 22
105ZD(1); or 23
(b) another way provided in a notice under section 24
105ZB(4). 25
`105ZDUsing the E toll system 26
`(1) The following requirements apply for using the E toll system 27
to satisfy the driver's liability for the toll payable at the toll 28
plaza-- 29
(a) the designated vehicle must have a properly operating 30
transponder or other electronic device; 31
(b) the transponder or other device-- 32
(i) must have been issued for a vehicle of the same 33
type as the designated vehicle; and 34
s 32 45 s 32
Transport and Other Legislation Amendment Bill 2005
(ii) must be linked to a valid account for the E toll 1
system operating for the local government tollway; 2
and 3
(iii) must properly activate the E toll system. 4
`(2) Using the E toll system to satisfy the liability of a designated 5
vehicle's driver for the toll payable at a toll plaza does not 6
affect another contractual obligation owed by the driver or 7
another person to a local government tollway operator under 8
an applicable agreement made by the local government 9
tollway operator. 10
11
Example for subsection (2)--
12
The arrangements for a person's account with a local government
13
tollway operator may provide that the person will be billed at the end of
14
each month for all the times the transponder issued to the person has
15
been used at toll plazas on the local government tollway in the month.
`Subdivision 3 Failure to pay toll 16
`105ZEApplication of sdiv 3 17
`This subdivision applies if-- 18
(a) a designated vehicle passes through a toll plaza on a 19
local government tollway; and 20
(b) the driver does not, under section 105ZC(3), satisfy the 21
driver's liability for the toll payable at the toll plaza. 22
`105ZF Definition for sdiv 3 23
`In this subdivision-- 24
deferred toll amount means the total of the following 25
amounts for any local government tollway-- 26
(a) the amount of the toll for which the driver's liability was 27
not satisfied under section 105ZC(3); 28
(b) the amount of the administration charge for the toll; 29
(c) the amount of the user administration charge for the toll. 30
s 32 46 s 32
Transport and Other Legislation Amendment Bill 2005
`105ZGLiability for administration charge in addition to 1
unpaid toll and user administration charge 2
`(1) If this subdivision applies to a driver, the driver immediately 3
becomes liable to pay the local government tollway operator, 4
in addition to the unpaid toll and the user administration 5
charge for the toll, the amount of the administration charge for 6
the toll. 7
`(2) However, the driver is not liable under subsection (1) to pay 8
the amount of the administration charge for the toll if the toll 9
is unpaid because-- 10
(a) the driver's transponder or other electronic device is 11
faulty; or 12
(b) the E toll system is faulty or otherwise inoperable. 13
`105ZHNotice to vehicle's registered operator 14
`(1) The local government tollway operator may give a notice 15
under this section only if the local government tollway 16
operator has not received the deferred toll amount. 17
`(2) The local government tollway operator may give the 18
registered operator of the vehicle a written notice requiring 19
the registered operator, within the prescribed time for the 20
notice-- 21
(a) to pay the local government tollway operator the 22
deferred toll amount; or 23
(b) to give the local government tollway operator the 24
registered operator's statutory declaration containing 25
information that-- 26
(i) if the registered operator is an 27
individual--establishes, to the extent it is 28
reasonably practicable for the registered operator 29
to do so, that the registered operator was not the 30
driver; and 31
(ii) gives the local government tollway operator all the 32
help the registered operator can reasonably give for 33
establishing the driver's name and address. 34
s 32 47 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) The registered operator must comply with the notice given 1
under subsection (2) unless the registered operator has a 2
reasonable excuse. 3
Maximum penalty--15 penalty units. 4
`(4) For giving the notice under subsection (2), the registered 5
operator's address for service may be taken to be the address 6
recorded for the registered operator under the registration Act 7
applying to the designated vehicle's registration. 8
`105ZI Corporation may be taken to be driver of vehicle 9
`(1) This section applies if the registered operator of the vehicle-- 10
(a) is a corporation; and 11
(b) fails to give the local government tollway operator all 12
the help, under section 105ZH(2)(b)(ii), the registered 13
operator can reasonably give to enable the local 14
government tollway operator to establish the name and 15
address of the driver of the vehicle. 16
`(2) The registered operator of the vehicle is taken to be the driver 17
of the vehicle for sections 105ZC and 105ZG. 18
`105ZJ Notice to information holder 19
`(1) The local government tollway operator may give a notice 20
under this section only if the local government tollway 21
operator-- 22
(a) has not received the deferred toll amount; and 23
(b) considers, on reasonable grounds, that a person (the 24
information holder) other than the vehicle's registered 25
operator has information that could help the local 26
government tollway operator establish the name and 27
address of the driver. 28
`(2) The local government tollway operator may give the 29
information holder a written notice requiring the information 30
holder, within the prescribed time for the notice, to give the 31
local government tollway operator a statutory declaration 32
complying with subsection (3). 33
s 32 48 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) The statutory declaration must-- 1
(a) be made by the information holder; and 2
(b) contain information giving the local government tollway 3
operator all the help the information holder can 4
reasonably give for establishing the driver's name and 5
address. 6
`(4) The information holder must comply with the notice given 7
under subsection (2) unless the information holder has a 8
reasonable excuse. 9
Maximum penalty for subsection (4)--15 penalty units. 10
`105ZKNotice to person identified as driver 11
`(1) The local government tollway operator may give a notice 12
under this section only if the local government tollway 13
operator-- 14
(a) has not received the deferred toll amount; and 15
(b) considers, on reasonable grounds, that the local 16
government tollway operator has correctly identified the 17
person (the identified person) who was the driver. 18
`(2) The local government tollway operator may give the identified 19
person a written notice requiring the identified person, within 20
the prescribed time for the notice-- 21
(a) to pay the local government tollway operator the 22
deferred toll amount; or 23
(b) to give the local government tollway operator the 24
identified person's statutory declaration containing 25
information that-- 26
(i) establishes, to the extent it is reasonably 27
practicable for the identified person to do so, that 28
the identified person was not the driver; and 29
(ii) gives the local government tollway operator all the 30
help the identified person can reasonably give for 31
establishing the driver's name and address. 32
s 32 49 s 32
Transport and Other Legislation Amendment Bill 2005
`(3) The identified person must comply with the notice given 1
under subsection (2) unless the identified person has a 2
reasonable excuse. 3
Maximum penalty for subsection (3)--15 penalty units. 4
`Subdivision 4 Statutory declarations and 5
limitation on offences 6
`105ZL Statutory declarations for sdiv 3 7
`(1) A statutory declaration given by a person under subdivision 3 8
may, if appropriate, be supported by statutory declarations 9
from other persons. 10
`(2) If a person required to give a statutory declaration under 11
subdivision 3 is a corporation, the statutory declaration must 12
be given by a person authorised to act for the corporation. 13
`105ZMLimit on offences 14
`If this division applies more than once because of a failure to 15
pay a toll at each of 2 or more toll plazas on the 1 local 16
government tollway in a single journey, a person liable for an 17
offence under this division arising out of the journey may not 18
be punished for more than 1 offence. 19
`Subdivision 5 Confidentiality of personal 20
information 21
`105ZNConfidentiality 22
`(1) A person must not, intentionally or recklessly, disclose, allow 23
access to, record or use personal information. 24
Maximum penalty--200 penalty units. 25
`(2) However, a person may disclose, allow access to, record or 26
use personal information-- 27
(a) in the discharge of a function related to the 28
administration of this division; or 29
s 32 50 s 32
Transport and Other Legislation Amendment Bill 2005
(b) if authorised, expressly or impliedly-- 1
(i) under another provision of this Act, or under 2
another Act; or 3
(ii) by the individual whose identity is apparent, or can 4
reasonably be ascertained, from the personal 5
information; or 6
(c) for a proceeding in a court or tribunal, if the personal 7
information is admissible as evidence in the proceeding; 8
or 9
(d) if the purpose for which the action is taken is directly 10
related to the purpose for which the personal 11
information was obtained; or 12
(e) if the person believes on reasonable grounds that the 13
action is necessary to prevent or lessen a serious and 14
imminent threat to the life or health of an individual. 15
`(3) In this section-- 16
administration of this division includes the operation of a 17
local government tollway under this division. 18
personal information means information or an opinion, 19
including information or an opinion forming part of a 20
database, whether true or not, and whether recorded in a 21
material form or not, that-- 22
(a) has been gained or otherwise brought into existence-- 23
(i) through involvement in the administration of this 24
division; or 25
(ii) because of an opportunity provided by involvement 26
in the administration of this division; and 27
(b) is about an individual whose identity is apparent, or can 28
reasonably be ascertained, from the information or 29
opinion. 30
s 32 51 s 32
Transport and Other Legislation Amendment Bill 2005
`Subdivision 6 Evidentiary matters 1
`105ZOEvidence and procedure 2
`(1) For this division-- 3
(a) it is not necessary to prove the appointment of an official 4
of a local government or a local government tollway 5
operator; and 6
(b) a signature purporting to be the signature of an official 7
of a local government or a local government tollway 8
operator is evidence of the signature it purports to be; 9
and 10
(c) a certificate stating any of the following matters is 11
evidence of the matter-- 12
(i) a stated place was or was not a local government 13
tollway or part of a local government tollway; 14
(ii) a stated place was or was not a toll plaza or part of 15
a toll plaza for a local government tollway; 16
(iii) a stated person was or was not recorded as the 17
registered operator of a stated vehicle; 18
(iv) a stated vehicle was or was not a designated 19
vehicle of a stated type; 20
(v) the toll payable for a designated vehicle's use of a 21
local government tollway has not been paid; 22
(vi) the administration charge for a toll has not been 23
paid; 24
(vii) the user administration charge for a toll has not 25
been paid; 26
(viii) a statutory declaration required for subdivision 3 27
was or was not received; 28
(ix) a recording is a recording of a type mentioned in 29
subsection (3). 30
`(2) A certificate-- 31
(a) may relate to a stated time or period of time; and 32
s 33 52 s 34
Transport and Other Legislation Amendment Bill 2005
(b) if it is issued for a particular period, has the effect 1
mentioned in subsection (1)(c) for the entire period. 2
`(3) A recording by a photographic, mechanical, electronic or 3
other device for the purpose of administering this division, 4
including for the operation of a local government tollway 5
under this division, is evidence of-- 6
(a) the making of the recording; and 7
(b) the accuracy of the recording; and 8
(c) the matters stated in the recording. 9
`(4) In this section-- 10
certificate means a certificate purporting to be signed by an 11
official. 12
official, of a local government or a local government tollway 13
operator, means-- 14
(a) the chief executive officer of the local government, or an 15
officer or employee of the local government acting 16
under the authority of the chief executive officer; or 17
(b) the chief executive officer, however named, of a local 18
government tollway operator, or an employee of the 19
local government tollway operator acting under the 20
authority of the chief executive officer.'. 21
Clause 33 Amendment of s 243 (Status of railway land) 22
Section 243(2)-- 23
insert-- 24
`railway manager, for corridor land, means the person who is 25
accredited under part 3 as the railway manager for the railway 26
or proposed railway on, or proposed to be on, the corridor 27
land.'. 28
Clause 34 Amendment of s 249 (Railways on State-controlled roads) 29
(1) Section 249, heading, `State-controlled roads'-- 30
omit, insert-- 31
`particular roads'. 32
s 35 53 s 35
Transport and Other Legislation Amendment Bill 2005
(2) Section 249(1)(b)(i) and (ii), (2) and (3)(a) and (b), 1
`State-controlled road'-- 2
omit, insert-- 3
`relevant road'. 4
(3) Section 249(3)(b) and (c), `chief executive for chapter 6'-- 5
omit, insert-- 6
`relevant person for the relevant road'. 7
(4) Section 249(3)(c), `chief executive's'-- 8
omit, insert-- 9
`relevant person's'. 10
(5) Section 249(5), `chief executive'-- 11
omit, insert-- 12
`relevant person'. 13
(6) Section 249(6)-- 14
insert-- 15
`relevant person means-- 16
(a) for a State-controlled road or State toll road corridor 17
land--the chief executive for chapter 6; or 18
(b) for local government tollway corridor land--the local 19
government or a person to whom the local government 20
tollway corridor land has been leased. 21
relevant road means-- 22
(a) a State-controlled road; or 23
(b) State toll road corridor land; or 24
(c) local government tollway corridor land.'. 25
Clause 35 Amendment of s 303 (Effect on land of busway 26
declaration) 27
Section 303-- 28
insert-- 29
s 36 54 s 37
Transport and Other Legislation Amendment Bill 2005
`(6) The Land Act 1994, sections 157, 183, 204, 211 and 336(2)(a) 1
and (c) do not apply to a lease or sublease of busway land.'. 2
Clause 36 Amendment of s 354 (Effect on land of light rail 3
declaration) 4
Section 354-- 5
insert-- 6
`(7) The Land Act 1994, sections 157, 183, 204, 211 and 336(2)(a) 7
and (c) do not apply to a lease or sublease of light rail land.'. 8
Clause 37 Insertion of new ch 18, pt 7 9
Chapter 18-- 10
insert-- 11
`Part 7 Transitional provisions for 12
Transport and Other 13
Legislation Amendment Act 14
2005 15
`543 Transitional provision for toll roads 16
`(1) This section applies if, immediately before the 17
commencement, a State-controlled road or part of a 18
State-controlled road, or a franchised road or part of a 19
franchised road, was a toll road under the previous provisions. 20
`(2) On the commencement-- 21
(a) the road continues to be a toll road as if it had been 22
declared to be a toll road by gazette notice under section 23
93; and 24
(b) tolls payable for the use of toll roads under the previous 25
provisions continue to be payable for the use of toll 26
roads as if they had been provided for by gazette notice 27
under section 93; and 28
(c) the types of vehicles liable for tolls for use of the toll 29
road under the previous provisions continue to be liable 30
s 37 55 s 37
Transport and Other Legislation Amendment Bill 2005
for tolls for use of the toll road as if they had been 1
provided for by gazette notice under section 93; and 2
(d) the toll set as payable under the previous provisions for 3
each type of vehicle at each toll plaza on the toll road 4
continues to be payable as if it had been provided for by 5
gazette notice under section 93; and 6
(e) the administration charge for a toll set under the 7
previous provisions for chapter 6, part 7 of the Act 8
continues as the administration charge for the toll as if it 9
had been provided for by gazette notice under section 10
93. 11
`(3) The Minister may, by gazette notice, provide for a matter 12
mentioned in schedule 5 for a toll road mentioned in 13
subsection (1) as if the toll road were being declared under 14
section 93. 15
`(4) Without limiting subsection (3), a gazette notice under that 16
subsection may provide for, or amend, a matter mentioned in 17
subsection (2). 18
`(5) In this section-- 19
commencement means the commencement of this section. 20
previous provisions means the Transport Infrastructure 21
(State-controlled Roads) Regulation 1994, part 4. 22
`544 Transitional provision for north-south bypass tunnel 23
project 24
`(1) On the commencement, the north-south bypass tunnel project 25
is taken to be an approved tollway project as if the Minister 26
had, by written notice given to Brisbane City Council, given 27
approval under section 105C(2). 28
`(2) Without limiting subsection (1)-- 29
(a) the approval of the tollway project is taken, for section 30
105F, to have started on the day on which the 31
memorandum of understanding was entered into; and 32
(b) a condition to which the north-south bypass tunnel 33
project is subject, immediately before the 34
commencement, including, for example, under the 35
s 38 56 s 39
Transport and Other Legislation Amendment Bill 2005
memorandum of understanding, is taken to be a 1
condition to which the approval is subject under section 2
105C(4); and 3
(c) the approval of the north-south bypass tunnel project 4
may be amended under section 105E. 5
`(3) In this section-- 6
commencement means the commencement of this section. 7
memorandum of understanding means the document titled 8
`Memorandum of Understanding--North-South Bypass 9
Tunnel Project' entered into between the State of Queensland 10
and Brisbane City Council and dated 28 February 2005. 11
north-south bypass tunnel project means the project 12
described in the document titled `North-South Bypass Tunnel 13
Draft Environmental Impact Statement' prepared under the 14
State Development and Public Works Organisation Act 1971 15
by Sinclair Knight Merz Pty Ltd and Connell Wagner Pty Ltd 16
and dated February 2005.3'. 17
Clause 38 Amendment of sch 1 (Subject matter for regulations) 18
Schedule 1-- 19
insert-- 20
`25 The exemption of vehicles from the payment of tolls on 21
roads.'. 22
Clause 39 Insertion of new sch 5 23
After schedule 4-- 24
insert-- 25
3 A copy of the document may be obtained at the Brisbane City Council's public
office or at .
s 40 57 s 40
Transport and Other Legislation Amendment Bill 2005
`Schedule 5 Matters for notice for toll road 1
or local government tollway 2
sections 93 and 105ZB 3
1 The types of vehicles liable for tolls for use of a toll road or 4
local government tollway. 5
2 The maximum toll payable for use of a toll road or local 6
government tollway for each type of vehicle liable to pay a 7
toll. 8
3 The methodology to be used to decide indexed, periodic 9
increases in the maximum toll payable for use of a toll road or 10
local government tollway. 11
4 The day the toll becomes payable by each type of vehicle 12
liable to pay a toll for use of a toll road or local government 13
tollway. 14
5 The administration charge payable for issuing a notice for, 15
and collecting, an unpaid toll for use of a toll road or local 16
government tollway. 17
6 The ways of making payment of the toll liability for use of a 18
toll road or local government tollway, other than payment in 19
cash or by use of the E toll system. 20
7 The user administration charge payable for persons making 21
payment of the toll other than in cash or by use of the E toll 22
system. 23
8 A description of the arrangements that will be used to allow 24
users of a toll road or local government tollway to satisfy the 25
liability to pay tolls on the toll road or local government 26
tollway and tolls on other toll roads or tollways in the State or 27
another State.'. 28
Clause 40 Amendment of sch 6 (Dictionary) 29
(1) Schedule 6, definitions administration charge, designated 30
vehicle, E toll only pay point, E toll system, exempt vehicle, 31
s 40 58 s 40
Transport and Other Legislation Amendment Bill 2005
prescribed time, railway manager, registered operator, 1
registration Act and valid account-- 2
omit. 3
(2) Schedule 6-- 4
insert-- 5
`administration charge, for a toll, means the administration 6
charge set in relation to non-payment of the toll. 7
approved tollway project, for chapter 6, part 8, see section 8
105B. 9
deferred toll amount-- 10
(a) for chapter 6, part 7, division 3--see section 97; or 11
(b) for chapter 6, part 8, division 6, subdivision 3--see 12
section 105ZF. 13
designated vehicle-- 14
(a) for chapter 6, part 7--see section 92; or 15
(b) for chapter 6, part 8--see section 105B. 16
E toll only pay point means a part of a toll plaza designated by 17
appropriate signs for the exclusive use of vehicles using the E 18
toll system. 19
E toll system-- 20
(a) for chapter 6, part 7--see section 92; or 21
(b) for chapter 6, part 8--see section 105B. 22
exempt vehicle means a vehicle exempted from the payment 23
of tolls on roads under-- 24
(a) an Act; or 25
(b) an Act or law of the Commonwealth; or 26
(c) an Act of another State that is prescribed under a 27
regulation for this paragraph. 28
local government franchised road, for chapter 6, part 8, see 29
section 105B. 30
local government tollway, for chapter 6, part 8, see section 31
105B. 32
s 40 59 s 40
Transport and Other Legislation Amendment Bill 2005
local government tollway corridor land, for chapter 6, part 8, 1
see section 105B. 2
local government tollway franchise agreement, for chapter 6, 3
part 8, see section 105Y. 4
local government tollway infrastructure, for chapter 6, part 8, 5
see section 105B. 6
local government tollway infrastructure works, for chapter 6, 7
part 8, see section 105B. 8
local government tollway operator, for chapter 6, part 8, see 9
section 105B. 10
prescribed time-- 11
(a) for chapter 6, part 7--see section 92; or 12
(b) for chapter 6, part 8--see section 105B. 13
railway manager means-- 14
(a) for a railway or a proposed railway--the person who is 15
accredited under chapter 7, part 3 as the railway 16
manager for the railway or proposed railway; or 17
(b) for rail corridor land--the person who is accredited 18
under chapter 7, part 3 as the railway manager for the 19
railway or proposed railway on, or proposed to be on, 20
the rail corridor land. 21
registered operator, of a vehicle that has passed through a toll 22
plaza, means a person who, when the vehicle passed through 23
the toll plaza, was the person in whose name the vehicle was 24
registered under a registration Act. 25
registration Act means-- 26
(a) the Transport Operations (Road Use Management) Act 27
1995 or another Act, prescribed under a regulation, 28
dealing with the registration of vehicles; or 29
(b) a law of the Commonwealth or another State dealing 30
generally with the registration of vehicles. 31
State toll road corridor land means land declared to be State 32
toll road corridor land under section 84A. 33
s 41 60 s 42
Transport and Other Legislation Amendment Bill 2005
toll plaza means a part of a toll road or local government 1
tollway where facilities are constructed for either or both of 2
the following-- 3
(a) the collection of tolls from the drivers of vehicles using 4
the toll road or local government tollway; 5
(b) the operation of an E toll system for vehicles using the 6
toll road or local government tollway. 7
tollway project, for chapter 6, part 8, see section 105B. 8
user administration charge-- 9
(a) for chapter 6, part 7--see section 92; or 10
(b) for chapter 6, part 8--see section 105B. 11
valid account, for an E toll system operating for a toll road or 12
local government tollway, means an account that-- 13
(a) has been established by a person for using the E toll 14
system; and 15
(b) is, under the arrangements under which the account was 16
established, available to be operated for using the toll 17
road or local government tollway.'. 18
Part 6 Amendment of Transport 19
Planning and Coordination Act 20
1994 21
Clause 41 Act amended in pt 6 22
This part amends the Transport Planning and Coordination 23
Act 1994. 24
Clause 42 Insertion of new pt 4B 25
After section 28C-- 26
insert-- 27
s 42 61 s 42
Transport and Other Legislation Amendment Bill 2005
`Part 4B Special provision for local 1
government tollways 2
`28D Powers regarding property 3
`(1) A local government may acquire, hold, dispose of or 4
otherwise deal with land for an approved tollway project 5
under the Transport Infrastructure Act 1994, section 6
105C.`(2)Without limiting subsection (1), a local government 7
may-- 8
(a) acquire land for an approved tollway project with the 9
intention of disposing of it to another person to operate 10
as a tollway; and 11
(b) dispose of land acquired by the local government for an 12
approved tollway project to another person. 13
`(3) The power conferred by subsection (1) includes power to 14
acquire land by taking it under the Acquisition of Land Act 15
1967 if the land is, in the local government's opinion, required 16
for an approved tollway project or for an incidental purpose. 17
`(4) The power to acquire land under this section includes power 18
to acquire land or an easement or other interest in land above 19
or beneath the surface without acquiring rights in the surface. 20
`(5) Subsection (4) applies to the acquisition of an easement even 21
though the easement-- 22
(a) is not attached to, or used and enjoyed with, a dominant 23
tenement; or 24
(b) must not be used and enjoyed in common with any other 25
person. 26
`(6) A local government acquiring land under this section is a 27
constructing authority within the meaning of the Acquisition 28
of Land Act 1967. 29
`(7) If an acquisition of land by a local government would sever 30
land of the owner from other land of the owner, the local 31
government may acquire the whole or a part of the severed 32
area by agreement or by taking the land under the Acquisition 33
of Land Act 1967. 34
s 42 62 s 42
Transport and Other Legislation Amendment Bill 2005
`(8) Land acquired under this section may be described in the 1
instrument acquiring the land in any way sufficient to identify 2
the land.'. 3
© State of Queensland 2005
AMENDMENTS TO BILL
1
Transport and Other Legislation Amendment Bill 2005
Transport and Other Legislation
Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 24--
At page 18, lines 30 to 33 and page 19, lines 1 to 9--
omit.
2 Clause 27--
At page 21, line 13, after `faulty'--
insert--
`through no fault of the driver and the driver is unaware it is
faulty'.
3 Clause 29--
At page 22, line 17, after `faulty'--
insert--
`through no fault of the driver and the driver is unaware it is
faulty'.
4 Clause 32--
At page 41, line 7, `summaries of'--
omit.
5 Clause 32--
At page 41, line 13, `a document containing a summary of'--
omit.
2
Transport and Other Legislation Amendment Bill 2005
6 Clause 32--
At page 41, lines 15 to 25--
omit.
7 Clause 32--
At page 41, line 26, `(4)'--
omit, insert--
`(2)'.
8 Clause 32--
At page 41, line 27, `document'--
omit, insert--
`local government tollway franchise agreement or the
amendment of a local government tollway franchise
agreement'.
9 Clause 32--
At page 44, line 5, after `faulty'--
insert--
`through no fault of the driver and the driver is unaware it is
faulty'.
10 Clause 32--
At page 45, line 21, `(3)'--
omit, insert--
`(4)'.
11 Clause 32--
At page 45, line 28, `(3)'--
omit, insert--
`(4)'.
3
Transport and Other Legislation Amendment Bill 2005
12 Clause 32--
At page 46, line 12, after `faulty'--
insert--
`through no fault of the driver and the driver is unaware it is
faulty'.
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