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Queensland
TRANSPORT
INFRASTRUCTURE
AMENDMENT (RAIL) BILL
1995
Queensland
TRANSPORT INFRASTRUCTURE
AMENDMENT (RAIL) BILL 1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Amendment of s 10 (Obligations about government
supported transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 11 (Report on giving effect to s 10) . . . . . . . . . . . . . . . . . 9
7 Insertion of new ch 4, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 1A--RAIL IMPLEMENTATION PROGRAMS
14A Development of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14B Consistency with transport infrastructure strategies . . . . . . . . . . . . . 11
14C Report on implementation of programs . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 18 (Transport GOCs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 20 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Omission of s 68 (Power of chief executive to lease or dispose
of land to franchisees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 5A--RAIL TRANSPORT INFRASTRUCTURE
PART 1--PRELIMINARY
71A Ways of achieving objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
71B Scope of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Transport Infrastructure Amendment (Rail)
PART 2--FUNCTIONS OF QUEENSLAND RAIL
71C Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--ACCESS TO RAIL TRANSPORT INFRASTRUCTURE
71D Objectives of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
71E Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
71F Regulations about access to rail transport infrastructure . . . . . . . . . 15
71G Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4--ACCREDITATION
71H Accreditation of managers and operators . . . . . . . . . . . . . . . . . . . . . . 16
71I Applications for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
71J Additional information for applications . . . . . . . . . . . . . . . . . . . . . . . 17
71K Granting accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
71L Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
71M Requiring accreditation conditions to be complied with . . . . . . . . . 20
71N Accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
71O Amending accreditation conditions on application . . . . . . . . . . . . . . 21
71P Amending accreditation conditions without application . . . . . . . . . 21
71Q Suspending or cancelling accreditation . . . . . . . . . . . . . . . . . . . . . . . 22
71R Immediate suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . 24
71S Limited suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . 25
71T Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--RAIL TRANSPORT INFRASTRUCTURE POWERS
71U Entering land for railway works etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 25
71V Entry to land by notice or with approval . . . . . . . . . . . . . . . . . . . . . . 26
71W Care to be taken in carrying out works etc. . . . . . . . . . . . . . . . . . . . . 26
71X Compensation for carrying out works etc. . . . . . . . . . . . . . . . . . . . . . 27
71Y Watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
71Z Power to require works to stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
71ZA Closing railway crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 6--RAILWAY INCIDENTS
Division 1--Report of railway incident
71ZB Reporting serious incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3
Transport Infrastructure Amendment (Rail)
71ZC Request for report or incident details . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2--Investigation of railway incident
71ZD Investigations by authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 31
71ZE Power of authorised person to investigate incident . . . . . . . . . . . . . . 31
71ZF False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
71ZG False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 33
71ZH Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
71ZI Impersonating authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
71ZJ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3--Boards of inquiry
Subdivision 1--General
71ZK Minister may establish or re-establish boards of inquiry . . . . . . . . . 35
71ZL Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
71ZM Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
71ZN Chief executive to arrange for services of staff and
financial matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . 36
71ZO Authorised person may exercise powers for board's
inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2--Conduct of inquiry
71ZP Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71ZQ Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71ZR Inquiry to be held in public other than in special
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71ZS Protection of members, legal representatives and witnesses . . . . . . 38
71ZT Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71ZU Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . 38
71ZV Board's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71ZW Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
71ZX Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
71ZY Inquiry may continue despite court proceedings
unless otherwise ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
71ZZ Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71ZZA Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
71ZZB False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4
Transport Infrastructure Amendment (Rail)
71ZZC False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . 41
71ZZD Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71ZZE Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 7--LAND FOR RAILWAY PURPOSES
71ZZF Lease of land to railway managers . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71ZZG Status of railway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
71ZZH Application of Queensland Heritage Act . . . . . . . . . . . . . . . . . . . . . 43
71ZZI Existing rail transport infrastructure on land . . . . . . . . . . . . . . . . . . . 43
71ZZJ Existing buildings on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
71ZZK Railway works on corridor land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 8--GENERAL
71ZZL Queensland Rail not a common carrier . . . . . . . . . . . . . . . . . . . . . . . 45
71ZZM Carrying dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
71ZZN Altering road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
71ZZO Maintaining roads crossing railways . . . . . . . . . . . . . . . . . . . . . . . . . 47
71ZZP No presumption of dedication of roads . . . . . . . . . . . . . . . . . . . . . . . 47
71ZZQ Extending roads etc. through or over railway land . . . . . . . . . . . . . . 47
71ZZR Level crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71ZZS Interfering with railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
71ZZT Rectifying unauthorised interference . . . . . . . . . . . . . . . . . . . . . . . . . 49
71ZZU Trespassing on railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71ZZV Power to arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
71ZZW Impact of certain decisions by local governments on railways . . . 50
71ZZX Fencing new railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
71ZZY Works for existing railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
71ZZZ Non-accredited railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
71ZZZA Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
12 Amendment of s 72 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
13 Omission of ss 99 and 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
14 Insertion of new ss 105A and 105B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
105A No need to prove appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
105B Prosecutions for railway offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Transport Infrastructure Amendment (Rail)
15 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
110A Application of Freedom of Information Act and
Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
16 Insertion of ch 8, new pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 1A--SAVINGS AND TRANSITIONAL PROVISIONS
ABOUT RAILWAYS
Division 1--Provisions about land
126A Existing rail corridor land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
126B Boundary identification etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
126C Effect of land becoming unallocated State land . . . . . . . . . . . . . . . . 58
126D Exemption from fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
126E Expiry of division etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Other provisions
126F Interim accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
126G Advertising on railway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
126H Permissions to extend roads etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
126I Continuation of Transport Infrastructure (Railways)
Act 1991, ss 49 and 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
126J Continuation of Transport Infrastructure (Railways)
Act 1991, ss 47, 48 and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
126K Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
126L Existing transaction documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
126M Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
126N Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
126O Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 63
17 Insertion of new ch 8, pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 1A--Transition of references about railways
151A Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
151B Railways Act 1914 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
151C Transport Infrastructure (Railways) Act 1991 references . . . . . . . . . 64
151D Commissioner for railways references . . . . . . . . . . . . . . . . . . . . . . . . 64
151E Railways Department references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
151F Queensland Railways references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
18 Omission of ch 8, pt 3, div 3 (Transition of references about
6
Transport Infrastructure Amendment (Rail)
railways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
19 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 64
20 Amendment of sch 2 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
21 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
PART 3--REPEALS AND AMENDMENTS OF OTHER ACTS
22 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
23 Amendment of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
SCHEDULE . . . . . . . . . . . . . . . . . . . . 73
AMENDMENT OF OTHER ACTS
ATTACHMENT FOR TRANSPORT
INFRASTRUCTURE ACT 1994 NOT
FORMING PART OF ANY ACT . . . . . 92
EXTRACT FROM COMPETITION PRINCIPLES
AGREEMENT--PROVISIONS ABOUT ACCESS TO
SIGNIFICANT INFRASTRUCTURE FACILITIES
1995
A BILL
FOR
An Act about rail infrastructure and other matters
s1 8 s3
Transport Infrastructure Amendment (Rail)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Transport Infrastructure Amendment 4
(Rail) Act 1995. 5
6
Commencement
Clause 2.(1) Section 231, so far as it relates to the amendments in the schedule of 7
the following Acts, commences on assent-- 8
· Land Act 1962 9
· Land Act 1994 10
· Transport Operations (Road Use Management) Act 1995. 11
(2) The remaining provisions commence on the day Queensland Rail 12
becomes a GOC2. 13
ART 2--AMENDMENT OF TRANSPORT 14
P
INFRASTRUCTURE ACT 1994 15
amended 16
Act
Clause 3. This part amends the Transport Infrastructure Act 1994. 17
1 Section 23 (Amendment of other Acts)
2 Under the Government Owned Corporations Regulation 1993, Queensland Rail is
a candidate GOC. A regulation under s 63 of the GOC Act (Declaration of entity
as GOC) may declare a candidate GOC to be a GOC.
s4 9 s6
Transport Infrastructure Amendment (Rail)
of s 3 (Objectives of this Act) 1
Amendment
Clause 4. Section 3(2)(d)-- 2
omit, insert-- 3
`(d) for rail, to establish a regime that-- 4
(i) contributes to overall transport effectiveness and efficiency; 5
and 6
(ii) contributes to lower transport costs by allowing the 7
maximum flexibility in rail transport operations consistent 8
with achieving safety objectives; and 9
(iii) provides a high level of accountability; and 10
(iv) allows railway managers and operators to make decisions on 11
a commercial basis; and 12
(v) provides a framework under which Queensland Rail3 may 13
operate as required by the Government Owned Corporations 14
Act 1993; and'. 15
of s 10 (Obligations about government supported 16
Amendment
transport infrastructure) 17
Clause 5. Section 10, `the Queensland Railways Board and the board of each 18
port authority'-- 19
omit, insert-- 20
`, and the boards of Queensland Rail and each port authority,'. 21
of s 11 (Report on giving effect to s 10) 22
Amendment
Clause 6. Section 11, `Queensland Railways'-- 23
omit, insert-- 24
`Queensland Rail'. 25
3 Queensland Rail is a body corporate to be established under the Government
Owned Corporations Act 1993.
s7 10 s7
Transport Infrastructure Amendment (Rail)
of new ch 4, pt 1A 1
Insertion
Clause 7. Chapter 4-- 2
insert-- 3
ART 1A--RAIL IMPLEMENTATION PROGRAMS 4
`P
of programs 5
`Development
`14A.(1) The chief executive must, each year, develop for the Minister's 6
approval rail implementation programs for the year and for 1 or more later 7
years for rail transport infrastructure that is government supported transport 8
infrastructure. 9
`(2) Rail implementation programs must include-- 10
(a) a program of projects, and policies and budgets, for 11
implementing the transport infrastructure strategies for rail 12
transport infrastructure that is government supported transport 13
infrastructure; and 14
(b) performance targets for the rail transport infrastructure. 15
`(3) In developing rail implementation programs, the chief executive 16
must take reasonable steps to-- 17
(a) consult with local governments and railway managers and 18
operators that the chief executive considers would be affected by 19
the programs; and 20
(b) minimise conflict between the programs and expenditure 21
programs of local governments and railway managers and 22
operators. 23
`(4) Rail implementation programs are to be made publicly available in 24
the way decided by the Minister. 25
`(5) The Minister may, at any time, direct the chief executive to amend a 26
rail implementation program. 27
`(6) The Minister may-- 28
(a) approve a rail implementation program submitted for approval; or 29
s8 11 s9
Transport Infrastructure Amendment (Rail)
(b) require the chief executive to amend a rail implementation 1
program submitted for approval. 2
with transport infrastructure strategies 3
`Consistency
`14B.(1) Subject to the Minister's directions, a rail implementation 4
program must be consistent with transport infrastructure strategies. 5
`(2) If a direction of the Minister results in a rail implementation program 6
being inconsistent with a transport infrastructure strategy, the Minister must 7
table a copy of the direction in the Legislative Assembly within 5 sitting 8
days after it is given. 9
on implementation of programs 10
`Report
`14C. Each annual report of the department must include a report on the 11
implementation of the rail implementation program for the year of the 12
report.'. 13
mendment of s 18 (Transport GOCs) 14
A
Clause 8. Section 18(1) and (2), `Queensland Railways'-- 15
omit, insert-- 16
`Queensland Rail'. 17
of s 20 (Definitions) 18
Amendment
Clause 9.(1) Section 20, heading-- 19
omit, insert-- 20
`Definitions for ch 5'. 21
(2) Section 20, definitions "maintenance" and "on"-- 22
omit. 23
(3) Section 20, definition "ancillary works and encroachments", 24
paragraph (a)(i)-- 25
omit, insert-- 26
s 10 12 s 11
Transport Infrastructure Amendment (Rail)
`(i) sugar tramways; 1
(ia) monorails;'. 2
(4) Section 20, definitions "franchised road", "franchisee", "local 3
government road", "motorway" and "road"-- 4
relocate to the dictionary. 5
of s 68 (Power of chief executive to lease or dispose of land 6
Omission
to franchisees) 7
Clause 10. Section 68-- 8
omit. 9
of new ch 5A 10
Insertion
Clause 11. After chapter 5-- 11
insert-- 12
`CHAPTER 5A--RAIL TRANSPORT 13
INFRASTRUCTURE 14
`PART 1--PRELIMINARY 15
of achieving objectives 16
`Ways
`71A. The objectives of this Act for rail are intended to be achieved by-- 17
(a) providing for the development and implementation of rail 18
transport infrastructure strategies; and 19
(b) providing a framework to-- 20
(i) allow railway managers to manage rail transport 21
infrastructure in an effective and efficient way; and 22
(ii) allow railway operators to operate rolling stock in an 23
effective and efficient way; and 24
s 11 13 s 11
Transport Infrastructure Amendment (Rail)
(c) introducing a safety accreditation system to maintain appropriate 1
levels of safety in the rail transport industry. 2
of chapter 3
`Scope
`71B.(1) This chapter applies to rail transport infrastructure and rolling 4
stock used, or proposed to be used, to transport passengers or freight for 5
reward. 6
`(2) This chapter does not apply to-- 7
(a) a cable car; or 8
(b) a monorail; or 9
(c) a railway that-- 10
(i) is used solely for amusement purposes; and 11
(ii) is not connected to a railway used to transport passengers, or 12
freight, for reward; or 13
(d) a railway that-- 14
(i) is part of, and used solely for, a mining operation; and 15
(ii) is not connected to a railway used to transport passengers, or 16
freight, for reward; or 17
(e) a sugar tramway; or 18
(f) a tramway operated solely on roads; or 19
(g) another railway prescribed under a regulation. 20
ART 2--FUNCTIONS OF QUEENSLAND RAIL 21
`P
unctions 22
`F
`71C. The functions of Queensland Rail are-- 23
(a) to establish, maintain, manage and operate, or arrange for, rail 24
transport services and infrastructure; and 25
s 11 14 s 11
Transport Infrastructure Amendment (Rail)
(b) to provide or arrange for ancillary services or works that are 1
necessary or convenient for the effective and efficient 2
maintenance, management and operation of-- 3
(i) rail transport services; and 4
(ii) rail transport infrastructure; and 5
(iii) other rail infrastructure; and 6
(c) to do other things that are incidental or complementary to the 7
performance of its functions or are likely to enhance the provision 8
of-- 9
(i) rail transport services; and 10
(ii) rail transport infrastructure; and 11
(iii) other rail infrastructure; and 12
(d) to perform any other functions conferred on it under an Act or a 13
regulation. 14
ART 3--ACCESS TO RAIL TRANSPORT 15
`P
INFRASTRUCTURE 16
of part 17
`Objectives
`71D. The objectives of this part are-- 18
(a) to make interim provision to give effect to the principles in the 19
Competition Principles Agreement between the Commonwealth 20
and the States about access to services provided by means of 21
significant infrastructure facilities (the "competition 22
principles"); and 23
s 11 15 s 11
Transport Infrastructure Amendment (Rail)
(b) in particular, to make provision to ensure agreements for access 1
comply with the competition principles and the objectives of this 2
Act.4 3
of part 4
`Application
`71E.(1) This part applies to services provided by means of significant 5
rail transport infrastructure facilities. 6
`(2) However, this part does not apply to access to Queensland Rail coal 7
carrying services until 5 years after the commencement of the Trade 8
Practices Act 1974 (Cwlth), part IIIA.5 9
about access to rail transport infrastructure 10
`Regulations
`71F.(1) For this part, a regulation may make provision about anything 11
necessary or convenient to be prescribed for carrying out or giving effect to 12
the competition principles and objectives of this Act. 13
`(2) A regulation may, for example, be made about the following-- 14
(a) the basis for negotiating access to a service provided by rail 15
transport infrastructure facilities; 16
(b) services provided by facilities for which a person has a right to 17
negotiate access; 18
(c) the enforcement of a person's right to negotiate access; 19
(d) how long a right to negotiate access lasts, and the review and 20
extension of the right; 21
(e) how a railway manager may or must meet the requirements of 22
persons seeking access; 23
(f) allowing different persons access on different conditions; 24
4 To aid readers, the relevant provisions of the Competition Principles Agreement
are in the attachment to this Act. The attachment is not part of the Act.
5 The Trade Practices Act 1974 (Cwlth), part IIIA (Access to services) is to be
inserted by the Competition Policy Reform Bill 1995 (Cwlth).
s 11 16 s 11
Transport Infrastructure Amendment (Rail)
(g) disputes about access, arbitration of disputes, the powers of 1
arbitrators, restrictions on their powers, and the effect of awards 2
(including awards of compensation) of an arbitrator;6 3
(h) the circumstances in which a railway manager may be required to 4
extend, or permit the extension of, a facility used to provide a 5
service; 6
(i) reviewing agreements for access; 7
(j) hindering access; 8
(k) accounting arrangements; 9
(l) access to services involving facilities in Queensland and another 10
State. 11
`(3) However, a regulation cannot limit the operation of the competition 12
principles. 13
of part 14
`Expiry
`71G.(1) This part expires 1 year after it commences. 15
`(2) A regulation made within 1 year after the commencement may 16
extend the period mentioned in subsection (1) by not more than 1 year. 17
ART 4--ACCREDITATION 18
`P
of managers and operators 19
`Accreditation
`71H.(1) A person must not manage a railway unless the person is 20
accredited as the railway manager for the railway. 21
Maximum penalty--160 penalty units. 22
`(2) A person must not operate rolling stock on a railway unless the 23
person is accredited as a railway operator for the railway. 24
6 General provisions about arbitration, judicial review of arbitrators awards, and
appeals on a question of law are in the Commercial Arbitration Act 1990.
s 11 17 s 11
Transport Infrastructure Amendment (Rail)
Maximum penalty--160 penalty units. 1
`(3) Subsection (1) does not apply to a person who-- 2
(a) owns or manages a railway for a purpose that is incidental to the 3
person's main business; and 4
(b) has an agreement with a person who is accredited as the railway 5
manager for another railway for the connection of the railway to 6
the other railway; and 7
(c) maintains the railway, or arranges for it to be maintained, in a 8
way that is acceptable to the other person. 9
for accreditation 10
`Applications
`71I. A person may apply to the chief executive for accreditation as-- 11
(a) the railway manager for a railway; or 12
(b) a railway operator for a railway; or 13
(c) the railway manager and a railway operator for a railway. 14
information for applications 15
`Additional
`71J.(1) The chief executive may, by written notice, require an applicant 16
to give the chief executive stated written information that the chief executive 17
reasonably requires to consider the application. 18
`(2) The chief executive may reject the application if the applicant fails to 19
comply with the requirement within a stated reasonable time, of not less 20
than 28 days, without reasonable excuse. 21
accreditation 22
`Granting
`71K.(1) The chief executive must promptly consider an application for 23
accreditation and grant, or refuse to grant, the accreditation. 24
`(2) The chief executive must accredit an applicant as the railway 25
manager for a railway if satisfied-- 26
(a) the applicant-- 27
s 11 18 s 11
Transport Infrastructure Amendment (Rail)
(i) is accredited in another State to manage a similar type of 1
railway; or 2
(ii) has the competency and capacity to manage the railway 3
safely; and 4
(b) the applicant has an appropriate safety management system; and 5
(c) the applicant has the financial capacity or public risk insurance 6
arrangements to meet reasonable potential accident liabilities for 7
the railway; and 8
(d) the applicant has a right-- 9
(i) of access to the land where the railway is constructed either 10
under this Act or with the agreement of the land's owner; 11
and 12
(ii) to use the rail transport infrastructure or other rail 13
infrastructure with the agreement of the infrastructure's 14
owner. 15
`(3) The chief executive must accredit an applicant as a railway operator 16
for a railway if satisfied-- 17
(a) the applicant-- 18
(i) is accredited in another State to operate rolling stock on a 19
railway for a similar type of service; or 20
(ii) has the competency and capacity to operate rolling stock on 21
the railway safely; and 22
(b) the applicant has an appropriate safety management system; and 23
(c) the applicant has the financial capacity or public risk insurance 24
arrangements to meet reasonable potential accident liabilities for 25
the railway; and 26
(d) unless the applicant is applying for accreditation as the railway 27
manager and operator of a railway--the applicant has an 28
agreement with the railway's manager to operate particular rolling 29
stock on the railway, and the agreement includes appropriate 30
arrangements for the safe operation of the rolling stock. 31
`(4) In considering a safety management system, the chief executive 32
must consider-- 33
s 11 19 s 11
Transport Infrastructure Amendment (Rail)
(a) the applicant's rail transport proposal; and 1
(b) the appropriateness of the safety management system for the 2
proposal; and 3
(c) the safety levels achievable, consistent with the nature of the 4
proposal, at a reasonable cost; and 5
(d) the need for efficient and competitive rail transport services; and 6
(e) consistency with generally accepted risk management principles; 7
and 8
(f) the levels of safety proposed relative to the levels of safety of 9
competing transport modes. 10
`(5) Subsection (4) does not limit by implication the matters the chief 11
executive may consider in considering a safety management system. 12
`(6) If the chief executive decides to grant the accreditation, the chief 13
executive must promptly give the applicant a written notice stating-- 14
(a) the decision; and 15
(b) the details of the accreditation, including its scope; and 16
(c) if the accreditation is granted subject to a condition-- 17
(i) the details of the condition; and 18
(ii) the reason for the condition; and 19
(iii) the applicant may appeal against the imposition of the 20
condition within 28 days after the notice is given to the 21
applicant; and 22
(iv) how the applicant may appeal. 23
`(7) If the chief executive decides not to grant the accreditation, the chief 24
executive must promptly give the applicant a written notice stating-- 25
(a) the decision; and 26
(b) the reason for the decision; and 27
(c) the applicant may appeal against the decision within 28 days after 28
the notice is given to the applicant; and 29
(d) how the applicant may appeal. 30
s 11 20 s 11
Transport Infrastructure Amendment (Rail)
conditions 1
`Accreditation
`71L.(1) An accreditation may be subject to conditions. 2
`(2) A condition may relate only to-- 3
(a) for the accreditation of a person as the manager of a 4
railway--managing the railway safely, considering the need for 5
efficient and competitive services; or 6
(b) for the accreditation of a person as an operator of a railway-- 7
(i) operating rolling stock safely, considering the need for 8
efficient and competitive services; or 9
(ii) the person having an agreement with the manager of the 10
railway to operate particular rolling stock on the railway, and 11
the agreement, including appropriate arrangements for the 12
safe operation of rolling stock; or 13
(c) for all accreditations--the person's financial capacity or public 14
risk insurance arrangements to meet reasonable potential accident 15
liabilities for the railway; or 16
(d) for all accreditations--the payment of accreditation fees; or 17
(e) safety related matters prescribed under a regulation. 18
`(3) An accredited person must comply with each condition of the 19
person's accreditation. 20
Maximum penalty for subsection (3)--40 penalty units. 21
accreditation conditions to be complied with 22
`Requiring
`71M.(1) This section applies if the chief executive reasonably believes 23
an accredited person has not complied with a condition of the person's 24
accreditation. 25
`(2) The chief executive may, by written notice, require the person to 26
remedy the breach within a reasonable period stated in the notice. 27
`(3) If the person has not in fact complied with the condition of the 28
person's accreditation, the person must comply with the notice. 29
Maximum penalty for subsection (3)--60 penalty units. 30
s 11 21 s 11
Transport Infrastructure Amendment (Rail)
period 1
`Accreditation
`71N. An accreditation remains in force until it is suspended, cancelled or 2
surrendered. 3
accreditation conditions on application 4
`Amending
`71O.(1) An accredited person may apply to the chief executive for an 5
amendment of the conditions of the person's accreditation. 6
`(2) The chief executive must consider the application and may grant, or 7
refuse to grant, the amendment. 8
`(3) The chief executive may amend a condition only if satisfied the 9
condition is-- 10
(a) no longer appropriate; or 11
(b) no longer consistent with generally accepted risk management 12
principles. 13
`(4) If the chief executive decides to amend a condition, the chief 14
executive must promptly give the applicant a written notice stating the 15
decision and the amendment. 16
`(5) If the chief executive decides not to amend a condition, the chief 17
executive must promptly give the applicant a written notice stating-- 18
(a) the decision; and 19
(b) the reason for the decision; and 20
(c) the applicant may appeal against the decision within 28 days after 21
the notice is given to the applicant; and 22
(d) how the applicant may appeal. 23
`(6) If the chief executive does not decide the application within 70 days 24
after it is made, the chief executive is taken to have made the amendment 25
sought by the accredited person at the end of the 70 days. 26
accreditation conditions without application 27
`Amending
`71P.(1) This section applies if the chief executive considers the 28
conditions of a person's accreditation should be amended. 29
s 11 22 s 11
Transport Infrastructure Amendment (Rail)
`(2) Before amending the conditions, the chief executive must give the 1
person a written notice-- 2
(a) stating the proposed amendment; and 3
(b) stating the reason for the amendment; and 4
(c) inviting the person to show, within a stated time of at least 5
28 days, why the amendment should not be made. 6
`(3) If, after considering all written representations made within the stated 7
time, the chief executive still considers the conditions should be amended, 8
the chief executive may amend the conditions-- 9
(a) in the way proposed; or 10
(b) in another way, having regard to the representations. 11
`(4) The chief executive must inform the person of the decision by 12
written notice. 13
`(5) If the chief executive decides to amend the conditions, the notice 14
must also state-- 15
(a) the amendment; and 16
(b) the reason for the decision; and 17
(c) the person may appeal against the decision within 28 days after 18
the notice is given to the person; and 19
(d) how the person may appeal. 20
`(6) Subsections (2) to (5) do not apply if the chief executive proposes to 21
amend the conditions of a person's accreditation for a formal or clerical 22
reason that does not adversely affect the person's interests. 23
`(7) The chief executive may amend a condition in a way mentioned in 24
subsection (6) by written notice given to the person. 25
or cancelling accreditation 26
`Suspending
`71Q.(1) This section applies if the chief executive-- 27
(a) reasonably suspects an accredited person has failed to comply 28
with a condition of the person's accreditation; and 29
s 11 23 s 11
Transport Infrastructure Amendment (Rail)
(b) considers the person's accreditation should be suspended or 1
cancelled (the "proposed action"). 2
`(2) Before taking the proposed action, the chief executive must give the 3
person a written notice-- 4
(a) stating the proposed action; and 5
(b) stating the reason for the proposed action; and 6
(c) if the proposed action is suspension of the accreditation--stating 7
the proposed suspension period; and 8
(d) if the proposed action is a limited suspension of the 9
accreditation7--stating the details of the proposed limitation; and 10
(e) inviting the person to show, within a stated time of at least 11
28 days, why the proposed action should not be taken. 12
`(3) If, after considering all written representations made within the stated 13
time, the chief executive still considers the proposed action should be taken, 14
the chief executive may-- 15
(a) if the proposed action was to suspend the accreditation--suspend 16
the accreditation-- 17
(i) for no longer than the proposed suspension period; and 18
(ii) if the proposed action was a limited suspension--by no 19
more than the proposed limitation; or 20
(b) if the proposed action was to cancel the accreditation--cancel the 21
accreditation or suspend it for a period. 22
`(4) The chief executive must inform the person of the decision by 23
written notice. 24
`(5) If the chief executive decides to suspend or cancel the accreditation, 25
the notice must also state-- 26
(a) the reason for the decision; and 27
(b) the person may appeal against the decision within 28 days after 28
the notice is given to the person; and 29
(c) how the person may appeal. 30
7 See section 71S (Limited suspension of accreditation).
s 11 24 s 11
Transport Infrastructure Amendment (Rail)
`(6) If-- 1
(a) rather than cancel the accreditation, the chief executive suspends it 2
on condition that the person do certain things to rectify the failure 3
to comply with a condition of the person's accreditation; and 4
(b) the person does not rectify the failure within the suspension 5
period; 6
the chief executive may immediately cancel the accreditation by written 7
notice given to the person. 8
`(7) The notice must state-- 9
(a) the reason for the decision; and 10
(b) the person may appeal against the decision within 28 days after 11
the notice is given to the person; and 12
(c) how the person may appeal. 13
suspension of accreditation 14
`Immediate
`71R.(1) This section applies if the chief executive-- 15
(a) reasonably believes an accredited person has failed to comply 16
with a condition of the person's accreditation; and 17
(b) considers members of the public may be seriously harmed if 18
urgent action to suspend the accreditation is not taken. 19
`(2) The chief executive may immediately suspend an accreditation by 20
written notice given to the person. 21
`(3) The notice must state-- 22
(a) the reason for the decision; and 23
(b) the person may appeal against the decision within 28 days after 24
the notice is given to the person; and 25
(c) how the person may appeal. 26
`(4) The chief executive must at the same time give the person a notice 27
under section 71Q(2).8 28
8 Section 71Q (Suspending or cancelling accreditation)
s 11 25 s 11
Transport Infrastructure Amendment (Rail)
`(5) The accreditation is suspended under this section until the earlier of 1
the following-- 2
(a) the chief executive gives the person notice of the chief executive's 3
decision under section 71Q; 4
(b) the end of 60 days after the notice under subsection (2) was given 5
to the person. 6
suspension of accreditation 7
`Limited
`71S. Under section 71Q or 71R9 , the chief executive may limit a 8
suspension to, for example-- 9
(a) a particular railway for which the accredited person is accredited; 10
or 11
(b) a particular service operated by the accredited person. 12
of accreditation 13
`Surrender
`71T. An accredited person may, at any time, surrender the person's 14
accreditation by written notice given to the chief executive. 15
ART 5--RAIL TRANSPORT INFRASTRUCTURE 16
`P
POWERS 17
land for railway works etc. 18
`Entering
`71U. For railway works, the chief executive or an accredited person 19
may enter someone else's land and carry out the works. 20
9 Section 71Q (Suspending or cancelling accreditation)
Section 71R (Immediate suspension of accreditation)
s 11 26 s 11
Transport Infrastructure Amendment (Rail)
to land by notice or with approval 1
`Entry
`71V.(1) Before entering someone else's land to carry out railway 2
works, the chief executive or an accredited person must-- 3
(a) give at least 7 days written notice to the land's owner or occupier; 4
or 5
(b) get the written agreement of the land's owner or occupier to the 6
entry. 7
`(2) The notice must-- 8
(a) state the use intended to be made of the land; and 9
(b) include a general outline of the intended works; and 10
(c) state an approximate period when the works are expected to be 11
carried out on the land. 12
`(3) The chief executive or accredited person need not comply with 13
subsection (1) for-- 14
(a) urgent remedial action on a railway; or 15
(b) maintenance on a road. 16
`(4) If urgent remedial action is required, the chief executive or accredited 17
person must give the land's owner or occupier as much oral notice as is 18
practicable. 19
to be taken in carrying out works etc. 20
`Care
`71W. In entering land and carrying out railway works on the land, the 21
chief executive or an accredited person-- 22
(a) must take as much care as is practicable to minimise damage to 23
the land or inconvenience to the land's owner or occupier; and 24
(b) may do anything necessary or desirable to minimise the damage 25
or inconvenience; and 26
(c) must get the agreement of the owner or occupier to take or use the 27
materials of the land's owner or occupier, unless urgent remedial 28
action on a railway is required. 29
s 11 27 s 11
Transport Infrastructure Amendment (Rail)
for carrying out works etc. 1
`Compensation
`71X.(1) An owner or occupier of land entered under this part by the 2
chief executive or an accredited person may, by written notice given to the 3
chief executive or accredited person-- 4
(a) claim compensation for loss or damage caused by the entry or 5
railway works carried out on the land; or 6
(b) claim compensation for the taking or use of materials; or 7
(c) require the person to carry out works in restitution for the 8
damage; or 9
(d) require the person to carry out works in restitution for the damage 10
and then claim compensation for any loss or damage not 11
restituted. 12
`(2) The notice must be given-- 13
(a) within 1 year after the railway works are completed; or 14
(b) at a later time allowed by the chief executive or accredited person. 15
`(3) The amount of compensation is-- 16
(a) the amount agreed between the parties; or 17
(b) if the parties can not agree within a reasonable time--the amount 18
decided by a court with jurisdiction for the recovery of the 19
amount of compensation claimed. 20
`(4) However, the amount of compensation for damage to the land and 21
its fixtures, and for taking or use of materials, can not be more than the 22
amount that would have been awarded if the land had been acquired. 23
24
`Watercourses
`71Y.(1) To carry out railway works, an accredited person may, with the 25
chief executive's written approval-- 26
(a) divert a watercourse; or 27
(b) construct a watercourse, whether temporary or permanent. 28
`(2) In deciding whether to approve the diversion of a watercourse, the 29
chief executive must consider the effect the works would have on the 30
s 11 28 s 11
Transport Infrastructure Amendment (Rail)
watercourse's physical integrity and flow characteristics. 1
`(3) Subsection (2) does not limit the matters the chief executive may 2
consider. 3
to require works to stop 4
`Power
`71Z.(1) A person must not, without the chief executive's written 5
approval, carry out works near a railway if the works threaten, or are likely 6
to threaten, the railway's safety or operational integrity. 7
Maximum penalty--100 penalty units. 8
`(2) If-- 9
(a) a person is carrying out, or proposes to carry out, works near a 10
railway; and 11
(b) the chief executive reasonably believes they threaten, or are likely 12
to threaten, the railway's safety or operational integrity; 13
the chief executive may give the person a written direction to stop, alter or 14
not to start the works. 15
`(3) The person must comply with the direction, unless the person has a 16
reasonable excuse. 17
Maximum penalty--100 penalty units. 18
`(4) If works are carried out contrary to subsection (1) or a direction 19
under subsection (2), the chief executive may, by written notice, require the 20
owner of the land where the works are situated to alter, demolish or take 21
away the works within a stated reasonable time. 22
`(5) The person must comply with the requirement, unless the person 23
has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
`(6) If the person does not comply with the requirement, the chief 26
executive may-- 27
(a) alter, demolish or take away the works; or 28
(b) alter, demolish or take away the works and recover the cost of 29
doing so from the land's owner as a debt payable by the owner. 30
s 11 29 s 11
Transport Infrastructure Amendment (Rail)
`(7) For this section, a person authorised by the chief executive may enter 1
land and inspect works-- 2
(a) after giving 3 days written notice to the land's owner or occupier; 3
or 4
(b) with the written agreement of the land's owner or occupier; or 5
(c) without notice or approval, if the chief executive reasonably 6
believes there is an immediate and significant threat to the 7
railway's safety or operational integrity. 8
`(8) This section binds all persons, including the State, the 9
Commonwealth and the other States. 10
railway crossings 11
`Closing
`71ZA.(1) A railway manager may temporarily close or regulate a 12
railway crossing if satisfied it is necessary because of an immediate threat 13
to-- 14
(a) the safety of the railway; or 15
(b) the public using it or who may use it. 16
`(2) If the manager decides to close or regulate a crossing-- 17
(a) the manager must, as soon as practicable after its closure or 18
regulation, notify the authority responsible for the crossing of its 19
closure or regulation, unless the authority has agreed that 20
notification is unnecessary; and 21
(b) the manager may construct a substitute crossing. 22
ART 6--RAILWAY INCIDENTS 23
`P
`Division 1--Report of railway incident 24
s 11 30 s 11
Transport Infrastructure Amendment (Rail)
serious incidents 1
`Reporting
`71ZB.(1) If an accredited person for a railway becomes aware that a 2
serious incident has happened on or involving a railway, the person must 3
report the incident to the chief executive in accordance with any guidelines 4
under subsection (2). 5
Maximum penalty--10 penalty units. 6
`(2) The chief executive may make, and give to all accredited persons, 7
written guidelines-- 8
(a) to which they are to have regard in deciding whether an incident is 9
one to which subsection (1) applies; or 10
(b) about the information that must be included in reports under the 11
subsection; or 12
(c) about the times within which reports must be made to the chief 13
executive; or 14
(d) about the form in which reports must be made. 15
`(3) In making guidelines, the chief executive must consult with 16
accredited persons. 17
for report or incident details 18
`Request
`71ZC.(1) This section applies if the chief executive becomes aware that 19
a serious incident on or involving a railway may have happened, even if it 20
has not been reported. 21
`(2) The chief executive may require an accredited person for the railway 22
to give the chief executive a written report, or stated written details, about 23
the incident within a stated reasonable period. 24
`(3) The person must comply with the requirement, unless the person 25
has a reasonable excuse. 26
Maximum penalty for subsection (2)--10 penalty units. 27
2--Investigation of railway incident 28
`Division
s 11 31 s 11
Transport Infrastructure Amendment (Rail)
by authorised person 1
`Investigations
`71ZD.(1) This section applies if-- 2
(a) a serious incident on or involving a railway happens; or 3
(b) the chief executive becomes aware that a serious incident on or 4
involving a railway may have happened, even if it has not been 5
reported. 6
`(2) The chief executive may require an authorised person for the railway 7
to investigate the matter. 8
`(3) If a report has been given to the chief executive about the incident, 9
the chief executive may require the authorised person to investigate the 10
matter by reviewing the report. 11
`(4) After finishing the investigation, the authorised person must report 12
the results of the investigation to the chief executive. 13
of authorised person to investigate incident 14
`Power
`71ZE.(1) This section applies if-- 15
(a) an incident on or involving a railway has, or may have, happened; 16
and 17
(b) an authorised person for the railway is investigating the incident, 18
whether or not at the chief executive's request. 19
`(2) If the authorised person reasonably needs help in investigating the 20
incident, the authorised person may require a person to give the authorised 21
person reasonable help in the investigation. 22
`(3) A requirement may only be made of a person who the authorised 23
person reasonably believes is competent to give the help. 24
`(4) The authorised person may require a person who the authorised 25
person reasonably suspects was at or near the scene of the incident when it 26
happened to-- 27
(a) answer questions relevant to the incident; or 28
(b) produce documents or other things relevant to the incident. 29
`(5) The authorised person may require an employee of a railway 30
manager or operator to take an alcohol breath test, drug test or medical 31
s 11 32 s 11
Transport Infrastructure Amendment (Rail)
examination if the person reasonably suspects-- 1
(a) the employee caused, or was directly involved in, the incident; 2
and 3
(b) the result of the test or examination may help in deciding the 4
circumstances and probable causes of the incident. 5
`(6) The test or examination must take place within 2 hours after the 6
incident happens. 7
`(7) The cost of the test or examination must be paid by the employee's 8
employer. 9
`(8) A person must comply with a requirement under this section, unless 10
the person has a reasonable excuse. 11
Maximum penalty--10 penalty units. 12
`(9) When making a requirement of a person under this section, an 13
authorised person must warn the person it is an offence to fail to comply 14
with the requirement unless the person has a reasonable excuse. 15
`(10) If the person refuses to take a test or examination, the person may 16
be taken, for a purpose prescribed under a regulation, to have been under the 17
influence of alcohol or a drug when the incident happened, in the absence of 18
evidence to the contrary. 19
or misleading statements 20
`False
`71ZF.(1) A person must not-- 21
(a) state anything to an authorised person for a railway that the 22
person knows is false or misleading in a material particular; or 23
(b) omit from a statement made to an authorised person for a railway 24
anything without which the statement is, to the person's 25
knowledge, misleading in a material particular. 26
Maximum penalty--60 penalty units. 27
`(2) It is enough for a complaint against a person for an offence against 28
subsection (1) to state that the statement made was false or misleading to 29
the person's knowledge. 30
s 11 33 s 11
Transport Infrastructure Amendment (Rail)
misleading or incomplete documents 1
`False,
`71ZG.(1) A person must not give the chief executive or an authorised 2
person for a railway a document containing information the person knows 3
is false, misleading or incomplete in a material particular. 4
Maximum penalty--60 penalty units. 5
`(2) Subsection (1) does not apply to a person if the person, when giving 6
the document-- 7
(a) tells the chief executive or person, to the best of the person's 8
ability, how it is false, misleading or incomplete; and 9
(b) if the person has, or can reasonably get, the correct 10
information--gives the correct information. 11
`(3) It is enough for a complaint against a person for an offence against 12
subsection (1) to state that the document was false, misleading or 13
incomplete to the person's knowledge. 14
`(4) In this section-- 15
"document" includes a report under division 1.10 16
authorised person 17
`Obstructing
`71ZH.(1) A person must not obstruct an authorised person for a 18
railway in the exercise of a power under this or another Act, unless the 19
person has a reasonable excuse. 20
Maximum penalty--60 penalty units. 21
`(2) If a person has obstructed an authorised person and the authorised 22
person decides to exercise the power, the authorised person must warn the 23
person. 24
`(3) In warning the person, the authorised person must tell the person-- 25
(a) it is an offence to obstruct the authorised person, unless the 26
person has a reasonable excuse; and 27
(b) the authorised person considers the person's conduct is an 28
obstruction. 29
10 Division 1 (Report of railway incident)
s 11 34 s 11
Transport Infrastructure Amendment (Rail)
authorised person 1
`Impersonating
`71ZI. A person must not pretend to be an authorised person for a 2
railway for this or another Act. 3
Maximum penalty--80 penalty units. 4
5
`Compensation
`71ZJ.(1) This section applies if a person incurs loss or expense because 6
of the exercise or purported exercise by an authorised person for a railway 7
of a power under this part, including, for example, in complying with a 8
requirement made of the person. 9
`(2) The person may claim compensation for the loss or expense from 10
the employing authority. 11
`(3) Payment of compensation may be claimed and ordered in a 12
proceeding-- 13
(a) brought in a court with jurisdiction for the recovery of the amount 14
of compensation claimed; or 15
(b) for an offence against this Act brought against the person 16
claiming compensation. 17
`(4) A court may order compensation to be paid only if it is satisfied it is 18
just to make the order in the circumstances of the particular case. 19
`(5) A regulation may prescribe matters that may, or must, be taken into 20
account by the court in considering whether it is just to make the order. 21
`(6) In this section-- 22
"employing authority", of an authorised person, means-- 23
(a) if the authorised person is employed by an accredited person--the 24
accredited person; or 25
(b) in any other case--the State. 26
s 11 35 s 11
Transport Infrastructure Amendment (Rail)
3--Boards of inquiry 1
`Division
`Subdivision 1--General 2
may establish or re-establish boards of inquiry 3
`Minister
`71ZK.(1) The Minister may, by gazette notice, establish or re-establish 4
a board of inquiry about an incident that-- 5
(a) has happened on or involving a railway; and 6
(b) the Minister considers is a serious incident. 7
`(2) The notice, or a subsequent gazette notice, may specify matters 8
relevant to the inquiry, including, for example, the number and appointment 9
of members, the chairperson and the terms of reference. 10
`(3) The Minister may exercise powers under this section for an 11
incident-- 12
(a) whether or not the incident has been investigated under 13
division 211; or 14
(b) whether or not a board of inquiry has previously inquired into the 15
incident. 16
of board of inquiry 17
`Role
`71ZL.(1) The board of inquiry must-- 18
(a) inquire into the circumstances and probable causes of the relevant 19
incident; and 20
(b) give the Minister a written report of the board's findings. 21
`(2) The report may contain the recommendations the board considers 22
appropriate and other relevant matters. 23
`(3) The Minister must table a copy of the report in the Legislative 24
Assembly within 14 days after receiving the report. 25
11 Division 2 (Investigation of railway incident)
s 11 36 s 11
Transport Infrastructure Amendment (Rail)
`(4) However, if the board gives the Minister a separate report of matters 1
that the board considers should not be made public, the Minister need not 2
table the separate report in the Legislative Assembly. 3
of appointment 4
`Conditions
`71ZM.(1) Members of the board of inquiry are entitled to be paid the 5
fees and allowances that may be decided by the Minister. 6
`(2) The members hold office on the terms not provided by this Act that 7
may be decided by the Minister. 8
executive to arrange for services of staff and financial matters 9
`Chief
for board of inquiry 10
`71ZN. As soon as practicable after the board of inquiry is established, 11
the chief executive must consult with the chairperson of the board and 12
arrange-- 13
(a) for the services of officers and employees of the department, 14
authorised persons for a railway and other persons to be made 15
available to the board for the conduct of the inquiry; and 16
(b) for financial matters relevant to the board. 17
person may exercise powers for board's inquiry 18
`Authorised
`71ZO.(1) This section applies to an authorised person for a railway 19
whose services have been made available to the board of inquiry. 20
`(2) The person may exercise the powers of an authorised person under 21
division 212 for the incident the subject of the board's inquiry. 22
12 Division 2 (Investigation of railway incident)
s 11 37 s 11
Transport Infrastructure Amendment (Rail)
`Subdivision 2--Conduct of inquiry 1
2
`Procedure
`71ZP.(1) In conducting its inquiry, the board of inquiry-- 3
(a) must observe natural justice; and 4
(b) must act as quickly, and with as little formality and technicality, 5
as is consistent with a fair and proper consideration of the issues. 6
`(2) In conducting the inquiry, the board-- 7
(a) is not bound by the rules of evidence; and 8
(b) may inform itself in any way it considers appropriate, including, 9
for example, holding hearings; and 10
(c) may decide the procedures to be followed for the inquiry. 11
`(3) However, the board must comply with this division and any 12
procedural rules prescribed under a regulation. 13
`(4) The chairperson presides at the inquiry. 14
of inquiry 15
`Notice
`71ZQ. The chairperson of the board of inquiry must give at least 16
14 days written notice of the time and place of the inquiry to anyone who 17
the chairperson has reason to believe should be given the opportunity to 18
appear at the inquiry. 19
to be held in public other than in special circumstances 20
`Inquiry
`71ZR.(1) An inquiry must be held in public. 21
`(2) However, the board may, of its own initiative or on the application 22
of a person represented at the inquiry, direct that the inquiry, or a part of the 23
inquiry, be held in private, and give directions about the persons who may 24
be present. 25
`(3) The board may direct that the inquiry be held in private only if 26
satisfied it is proper to make the order in the special circumstances of the 27
inquiry. 28
s 11 38 s 11
Transport Infrastructure Amendment (Rail)
of members, legal representatives and witnesses 1
`Protection
`71ZS.(1) A member of the board of inquiry has, in the performance of 2
the member's duties, the same protection and immunity as a judge of the 3
Supreme Court. 4
`(2) A lawyer or other person appearing before the board for someone 5
else has the same protection and immunity as a barrister appearing for a 6
party in a proceeding in the Supreme Court. 7
`(3) A person summoned to attend or appearing before the board as a 8
witness has the same protection as a witness in a proceeding in the Supreme 9
Court. 10
of proceedings to be kept 11
`Record
`71ZT. The board of inquiry must keep a record of its proceedings. 12
fairness and representation 13
`Procedural
`71ZU. In conducting the inquiry, the board must give anyone directly 14
concerned in the incident the subject of the inquiry, the opportunity of 15
making a defence to all claims made against the person either in person or 16
by lawyer or agent. 17
powers on inquiry 18
`Board's
`71ZV.(1) In conducting the inquiry, the board may-- 19
(a) act in the absence of any person who has been given a notice 20
under section 71ZQ13 or some other reasonable notice; and 21
(b) receive evidence on oath or affirmation or by statutory 22
declaration; and 23
(c) adjourn the inquiry; and 24
(d) disregard any defect, error, omission or insufficiency in a 25
document; and 26
13 Section 71ZQ (Notice of inquiry)
s 11 39 s 11
Transport Infrastructure Amendment (Rail)
(e) permit or refuse to permit a person, including a lawyer, to 1
represent someone else at the inquiry. 2
`(2) A member of the board may administer an oath or affirmation to a 3
person appearing as a witness before the inquiry. 4
to witness 5
`Notice
`71ZW.(1) The chairperson of the board of inquiry may, by written 6
notice given to a person, require the person to attend the inquiry at a stated 7
time and place to give evidence or produce stated documents or things. 8
`(2) A person required to appear as a witness before the board is entitled 9
to the witness fees prescribed under a regulation or, if no witness fees are 10
prescribed, the reasonable witness fees decided by the chairperson. 11
of documents or things 12
`Inspection
`71ZX.(1) If a document or other thing is produced to the board at the 13
inquiry, the board may-- 14
(a) inspect the thing; and 15
(b) make copies of, photograph, or take extracts from, the thing if it 16
is relevant to the inquiry. 17
`(2) The board may also take possession of the thing, and keep it while it 18
is necessary for the inquiry. 19
`(3) While it keeps a thing, the board must permit a person otherwise 20
entitled to possession of the thing to inspect, make copies of, photograph, or 21
take extracts from, it, at a reasonable place and time that the board decides. 22
may continue despite court proceedings unless otherwise 23
`Inquiry
ordered 24
`71ZY. The inquiry of the board of inquiry may start or continue, and a 25
report may be prepared or given, despite a proceeding before any court or 26
tribunal, unless a court or tribunal with the necessary jurisdiction orders 27
otherwise. 28
s 11 40 s 11
Transport Infrastructure Amendment (Rail)
by witnesses 1
`Offences
`71ZZ.(1) A person given a notice under section 71ZW14 must not-- 2
(a) fail, without reasonable excuse, to attend as required by the notice; 3
or 4
(b) fail, without reasonable excuse, to continue to attend as required 5
by the chairperson of the board of inquiry until excused from 6
further attendance. 7
Maximum penalty--60 penalty units 8
`(2) A person appearing as a witness at the inquiry must not-- 9
(a) fail to take an oath or make an affirmation when required by the 10
chairperson of the board; or 11
(b) fail, without reasonable excuse, to answer a question the person is 12
required to answer by a member of the board; or 13
(c) fail, without reasonable excuse, to produce a document or thing 14
the person is required to produce by a notice under section 15
71ZW. 16
Maximum penalty--60 penalty units. 17
18
`Self-incrimination
`71ZZA.(1) A person appearing as a witness at the inquiry is not 19
excused from-- 20
(a) answering a question put to the person at the inquiry; or 21
(b) producing a document or other thing at the inquiry; 22
on the ground that the answer or producing the thing might tend to 23
incriminate the person. 24
`(2) However, neither the answer, nor the fact that the person has 25
produced the thing, is admissible in evidence against the person in a 26
criminal proceeding (other than a proceeding about the falsity or misleading 27
nature of the answer or thing) if-- 28
14 Section 71ZW (Notice to witness)
s 11 41 s 11
Transport Infrastructure Amendment (Rail)
(a) before answering the question or producing the thing, the person 1
claims that the answer or producing the thing might tend to 2
incriminate the person; and 3
(b) the answer or producing the thing might in fact tend to 4
incriminate the person. 5
or misleading statements 6
`False
`71ZZB.(1) A person must not-- 7
(a) state anything to the board of inquiry that the person knows is 8
false or misleading in a material particular; or 9
(b) omit from a statement made to the board of inquiry anything 10
without which the statement is, to the person's knowledge, 11
misleading in a material particular. 12
Maximum penalty--200 penalty units. 13
`(2) It is enough for a complaint against a person for an offence against 14
subsection (1) to state that the statement made was false or misleading to 15
the person's knowledge. 16
misleading or incomplete documents 17
`False,
`71ZZC.(1) A person must not give to the board of inquiry a document 18
containing information the person knows is false, misleading or incomplete 19
in a material particular. 20
Maximum penalty--200 penalty units. 21
`(2) Subsection (1) does not apply to a person if the person, when giving 22
the document-- 23
(a) tells the board, to the best of the person's ability, how it is false, 24
misleading or incomplete; and 25
(b) if the person has, or can reasonably get the correct 26
information--gives the correct information. 27
`(3) It is enough for a complaint against a person for an offence against 28
subsection (1) to state that the document was false, misleading or 29
incomplete to the person's knowledge. 30
s 11 42 s 11
Transport Infrastructure Amendment (Rail)
of board 1
`Contempt
`71ZZD. A person must not-- 2
(a) insult the board of inquiry; or 3
(b) deliberately interrupt the inquiry; or 4
(c) create or continue or join in creating or continuing, a disturbance 5
in or near a place where the board is conducting its inquiry; or 6
(d) do anything that would be contempt of court if the board were a 7
judge acting judicially. 8
Maximum penalty--60 penalty units. 9
of membership of board 10
`Change
`71ZZE. The inquiry of the board of inquiry is not affected by a change 11
in its membership. 12
ART 7--LAND FOR RAILWAY PURPOSES 13
`P
of land to railway managers 14
`Lease
`71ZZF.(1) This section applies if the State acquires land for use by a 15
railway manager as part of a rail transport corridor. 16
`(2) The State must lease the land to the manager-- 17
(a) if the manager agrees to meet the full costs of the acquisition--on 18
terms that-- 19
(i) the lease is for a term of 100 years and, if demanded, for a 20
rent of $1 per year; and 21
(ii) the manager has an option to take up a further lease on the 22
same terms for a further 100 years; or 23
(b) otherwise--on terms agreed between the parties. 24
`(3) Before the land is leased, all necessary approvals for the construction 25
of a railway must be obtained. 26
s 11 43 s 11
Transport Infrastructure Amendment (Rail)
`(4) If the manager attaches any rail transport infrastructure and any other 1
works or structures to the land, they remain the manager's property until the 2
manager disposes of them. 3
of railway land 4
`Status
`71ZZG.(1) The railway manager for corridor land is subject to the same 5
controls and exemptions under State and local laws that an agency of the 6
State would be if it had the manager's interest in the land. 7
`(2) In this section-- 8
"corridor land" means-- 9
(a) commercial corridor land that is not leased by the railway 10
manager on a commercial basis; or 11
(b) existing rail corridor land, or new rail corridor land, that is not 12
subleased by the railway manager on a commercial basis. 13
of Queensland Heritage Act 14
`Application
`71ZZH. The Queensland Heritage Act 1992 applies to the following 15
property of Queensland Rail as if Queensland Rail were an agency of the 16
State-- 17
(a) property that is on existing rail corridor land or new rail corridor 18
land; and 19
(b) other property that is entered on the heritage register and is 20
identified by the chief executive by gazette notice. 21
rail transport infrastructure on land 22
`Existing
`71ZZI.(1) This section applies if at the commencement-- 23
(a) rail transport infrastructure was on land that is not owned or 24
leased by Queensland Rail; and 25
(b) the previous rail corporation had managed a railway using the rail 26
transport infrastructure. 27
`(2) After the commencement-- 28
s 11 44 s 11
Transport Infrastructure Amendment (Rail)
(a) the rail transport infrastructure may stay on the land; and 1
(b) Queensland Rail may-- 2
(i) alter the rail transport infrastructure; and 3
(ii) manage the railway using the rail transport infrastructure, 4
whether or not altered; and 5
(iii) operate rolling stock on the railway. 6
`(3) A person has no interest in, or right to, the rail transport 7
infrastructure (whether or not altered) on land only because the person has 8
an interest in the land. 9
buildings on land 10
`Existing
`71ZZJ.(1) If, immediately before the commencement, a building of the 11
previous rail corporation was lawfully on land-- 12
(a) it may stay on the land; and 13
(b) its construction is not subject to any approval that did not affect it 14
immediately before the commencement. 15
`(2) If, immediately before the commencement, the previous rail 16
corporation's activities were lawfully being carried out on the land, they 17
may still be carried out on the land despite any change to the zoning of the 18
land. 19
`(3) In this section-- 20
"building" includes a structure or works. 21
works on corridor land 22
`Railway
`71ZZK.(1) The chief executive must exercise or perform any power or 23
function that, under the Building Code, would be exercised or performed by 24
a local government for any railway works carried out on corridor land. 25
`(2) In this section-- 26
"Building Code" means the Building Code of Australia. 27
"corridor land" means commercial corridor land, existing rail corridor 28
land, new rail corridor land or non-rail corridor land. 29
s 11 45 s 11
Transport Infrastructure Amendment (Rail)
ART 8--GENERAL 1
`P
Rail not a common carrier 2
`Queensland
`71ZZL. Queensland Rail is not a common carrier. 3
dangerous goods 4
`Carrying
`71ZZM.(1) While on or travelling by a railway, a person must not 5
possess or have in their luggage any dangerous goods. 6
Maximum penalty--100 penalty units. 7
`(2) A person does not commit an offence against subsection (1) if-- 8
(a) the goods are of a type commonly used for personal, domestic or 9
household use; and 10
(b) the quantity of the goods is reasonable considering their nature 11
and common use. 12
`(3) A person must not send dangerous goods (code) by railway unless 13
the goods are packed, marked and labelled as required by the code. 14
Maximum penalty--100 penalty units. 15
`(4) A person must not send dangerous goods (other) by railway 16
unless-- 17
(a) the goods are marked and labelled to show clearly that they are 18
dangerous goods; and 19
(b) the goods are packed, and otherwise marked and labelled, in a 20
reasonable way considering-- 21
(i) the goods' nature and quantity; and 22
(ii) the safety of the railway and people working or travelling on 23
it. 24
Maximum penalty--40 penalty units. 25
`(5) In a proceeding for an offence against subsection (1) or (3), a 26
document purporting to be the code is evidence of the code. 27
s 11 46 s 11
Transport Infrastructure Amendment (Rail)
`(6) In this section-- 1
"code" means a document, or parts of a document, prescribed under a 2
regulation to be the code. 3
"dangerous goods" means-- 4
(a) dangerous goods (code); or 5
(b) dangerous goods (other). 6
"dangerous goods (code)" means-- 7
(a) substances in the code that are prescribed under a regulation; or 8
(b) other substances or things declared by a regulation to be 9
dangerous goods. 10
"dangerous goods (other)" means substances or things that, because of 11
their nature, quantity or condition, could, if brought onto a railway or 12
carried by railway, endanger the safety of-- 13
(a) the railway; or 14
(b) a person on the railway. 15
road levels 16
`Altering
`71ZZN.(1) In constructing or managing a railway, the railway manager 17
for the railway may alter the level of a road or require the authority 18
responsible for the road to alter its level. 19
`(2) Unless the railway manager and the authority responsible for the 20
road agree, the railway manager must pay all reasonable expenses incurred 21
by the authority in altering the road level. 22
`(3) A person whose land is directly affected by the alteration is entitled 23
to be paid compensation by the railway manager. 24
`(4) The amount of compensation is-- 25
(a) the amount agreed between the parties; or 26
(b) if the parties can not agree within a reasonable time--the amount 27
decided by a court with jurisdiction for the recovery of the 28
amount of compensation claimed. 29
s 11 47 s 11
Transport Infrastructure Amendment (Rail)
`(5) However, the amount of compensation can not be more than the 1
amount that would have been awarded if the land had been acquired. 2
roads crossing railways 3
`Maintaining
`71ZZO.(1) A railway manager for a railway must maintain-- 4
(a) the part of the railway on a road; and 5
(b) the surface of a road, in a character in keeping with the road-- 6
(i) between the rails; and 7
(ii) outside the outermost rails to a distance of 0.6 m. 8
`(2) If a railway is built by way of a bridge over a road, the authority that 9
maintained the road before the railway was built must continue to maintain 10
the road under the bridge. 11
presumption of dedication of roads 12
`No
`71ZZP. If the public uses railway land as a road or otherwise for access 13
purposes, the land is not taken to have been dedicated for use as a road even 14
though the use is authorised or allowed by the railway manager. 15
roads etc. through or over railway land 16
`Extending
`71ZZQ.(1) A railway manager may allow a local government to 17
construct, maintain and operate a road on railway land by way of-- 18
(a) a bridge over the railway; or 19
(b) a bridge that allows the road to pass under the railway; or 20
(c) a level crossing. 21
`(2) The permission may be subject to conditions. 22
`(3) The railway manager may continue to use the land, and the airspace 23
above the land, other than any land and airspace excluded by a condition of 24
the permission. 25
`(4) The railway manager, and its agents or employees, do not have any 26
duty or liability for the road or its use or operation. 27
s 11 48 s 11
Transport Infrastructure Amendment (Rail)
`(5) Once the road is used, it is taken to be-- 1
(a) a road under the relevant local government's control; and 2
(b) a road under any Act about the use of vehicles on a road. 3
`(6) Unless the railway manager and the local government otherwise 4
agree-- 5
(a) the local government is responsible for maintaining the road and 6
the bridge or level crossing ; and 7
(b) if the road stops being used--the local government is responsible 8
for the cost of taking the bridge or level crossing away and of 9
restoring the railway. 10
crossings 11
`Level
`71ZZR.(1) Pedestrians and drivers of vehicles must give way to-- 12
(a) a railway operator's rolling stock on railway tracks at a level 13
crossing; and 14
(b) a railway manager's rail vehicle on railway tracks at a level 15
crossing. 16
`(2) If an accident happens at a level crossing because a person does not 17
comply with subsection (1)-- 18
(a) the railway manager or operator is not liable for any injury or 19
damage caused in the accident; and 20
(b) the person must pay the railway manager or operator the cost of 21
any damage caused to property of the manager or operator. 22
`(3) However, subsection (2) does not apply if the manager or operator, 23
or its agents or employees, were negligent in relation to the accident. 24
with railway 25
`Interfering
`71ZZS.(1) A person must not interfere with a railway, unless the 26
person has the railway manager's written approval. 27
Maximum penalty--160 penalty units. 28
`(2) An approval may be subject to a reasonable condition. 29
s 11 49 s 11
Transport Infrastructure Amendment (Rail)
`(3) The person must comply with the condition. 1
Maximum penalty--40 penalty units. 2
`(4) Subsection (1) does not apply to a person who carries out urgent 3
maintenance of a railway. 4
`(5) This section binds all persons, including the State, the 5
Commonwealth and the other States. 6
unauthorised interference 7
`Rectifying
`71ZZT.(1) If a person contravenes section 71ZZS(1) 15 by interfering 8
with a railway, the railway manager for the railway may, by written notice, 9
require the person to rectify the interference within a stated reasonable time. 10
`(2) The person must comply with the requirement, unless the person 11
has a reasonable excuse. 12
Maximum penalty--40 penalty units. 13
`(3) If the person does not comply with the requirement, the railway 14
manager may rectify the interference. 15
`(4) The person must pay the manager the manager's costs of-- 16
(a) rectifying the interference; or 17
(b) altering the construction, maintenance or operation the railway 18
because of the interference. 19
`(5) In this section-- 20
"rectify the interference" means-- 21
(a) alter, dismantle or take away any works; or 22
(b) fix any damage caused by the interference. 23
on railway 24
`Trespassing
`71ZZU. A person must not wilfully trespass on a railway. 25
Maximum penalty--40 penalty units. 26
15 Section 71ZZS (Interfering with railway)
s 11 50 s 11
Transport Infrastructure Amendment (Rail)
to arrest 1
`Power
`71ZZV.(1) This section applies to any of the following offences-- 2
· an offence against section 71ZH (Obstructing authorised person) 3
· an offence against section 71ZZU (Trespassing on railway) 4
· an offence against the Criminal Code, section 469 (Malicious 5
injuries in general) constituted by wilful and unlawful destruction 6
or damage to rail transport infrastructure, other rail infrastructure 7
or rolling stock. 8
`(2) A police officer may arrest a person without a warrant if the police 9
officer reasonably believes-- 10
(a) the person has just committed the offence; and 11
(b) proceedings by way of complaint and summons against the 12
person would be ineffective. 13
of certain decisions by local governments on railways 14
`Impact
`71ZZW.(1) The chief executive may make guidelines about what a local 15
government must consider in relation to the safety and operational integrity 16
of a railway if-- 17
(a) it intends to-- 18
(i) approve a subdivision, rezoning or development of land; or 19
(ii) carry out road works on a local government road; or 20
(iii) make changes to the management of a local government 21
road; and 22
(b) the approval, works or change would-- 23
(i) require works to be carried out on a railway; or 24
(ii) otherwise have a significant adverse impact on a railway; or 25
(iii) have a significant impact on the planning of a railway or a 26
future railway. 27
`(2) The chief executive must give a copy of any guidelines to each 28
relevant local government. 29
s 11 51 s 11
Transport Infrastructure Amendment (Rail)
new railways 1
`Fencing
`71ZZX.(1) A railway manager need not contribute to the fencing of any 2
part of the boundary of land that is-- 3
(a) a future railway; or 4
(b) acquired for a widening or deviation of a railway. 5
`(2) Subsection (1) does not apply if-- 6
(a) the land acquired was substantially fenced; and 7
(b) the railway's presence may make the fencing ineffective. 8
for existing railways 9
`Works
`71ZZY.(1) This section applies-- 10
(a) while a railway existing at the commencement (the "existing 11
railway") continues to be operated as a railway; and 12
(b) to the owners and occupiers of land next to the existing railway 13
(the "neighbouring land"). 14
`(2) Queensland Rail must, within a reasonable time, construct and 15
maintain-- 16
(a) works that are necessary to make good any interruptions caused 17
by the existing railway to the use of the neighbouring land; and 18
(b) works that are necessary to-- 19
(i) separate the existing railway from the neighbouring land; 20
and 21
(ii) protect the stock straying from the neighbouring land onto 22
the railway; and 23
(c) sufficient works to ensure the neighbouring land's drainage is as 24
good, or nearly as good, as it was before the existing railway was 25
constructed. 26
`(3) Queensland Rail may satisfy its obligation under subsection (2)(b) 27
by constructing and maintaining a fence of substantially similar quality to 28
any fence around the neighbouring land when the railway was constructed. 29
`(4) This section does not require Queensland Rail to-- 30
s 11 52 s 11
Transport Infrastructure Amendment (Rail)
(a) construct or maintain works in a way that would prevent or 1
obstruct the use of the existing railway; or 2
(b) construct or maintain works for owners or occupiers who agreed 3
to receive, and have been paid, compensation in place of the 4
works. 5
`(5) The Land Court must decide any dispute about the adequacy of 6
works or maintenance under this section. 7
`(6) If the owner or occupier of neighbouring land considers that works 8
carried out under this section are insufficient for the convenient use of the 9
land, the owner or occupier may, with Queensland Rail's agreement, carry 10
out further works at the owner's or occupier's expense. 11
`(7) Queensland Rail may, by written notice given to the owner or 12
occupier, require the further works to be carried out-- 13
(a) under the supervision of a person nominated by Queensland Rail; 14
and 15
(b) according to plans and specifications approved by Queensland 16
Rail. 17
`(8) Queensland Rail must attempt to keep the cost of the further works 18
to a reasonable level. 19
`(9) Until Queensland Rail carries out the works mentioned in 20
subsection (2), the owner or occupier of the neighbouring land, and their 21
employees and agents, may cross the existing railway next to the land with 22
vehicles and livestock. 23
`(10) The crossing must be made directly, and in a way that is safe and 24
does not damage or obstruct the railway. 25
`(11) However, subsection (9) does not apply to an owner or occupier 26
who agreed to receive, and has been paid, compensation in place of the 27
works. 28
`(12) A person must shut and lock a gate set up under this section at 29
either side of an existing railway as soon as the person, and any vehicles or 30
livestock in the person's care, have passed through the gate. 31
Maximum penalty for subsection (12)--10 penalty units. 32
s 11 53 s 11
Transport Infrastructure Amendment (Rail)
railways 1
`Non-accredited
`71ZZZ.(1) A non-accredited railway may be connected, either directly 2
or through another non-accredited railway, to the railway of an accredited 3
railway manager with the manager's written agreement. 4
`(2) Unless the parties otherwise agree, the manager is not liable for any 5
injury, loss or damage arising from an act done, or omission made, 6
honestly and without negligence, on the non-accredited railway. 7
`(3) Subject to any agreement between the manager and the 8
non-accredited railway manager, the manager may-- 9
(a) disconnect the non-accredited railway from the railway; or 10
(b) close the connection between the non-accredited railway and the 11
railway. 12
`(4) Before taking action under subsection (3), the manager must-- 13
(a) give at least 3 months notice of the proposed action; or 14
(b) get the written agreement of the non-accredited railway manager 15
to the proposed action. 16
`(5) For the disconnection, the manager may, by written notice, require 17
the non-accredited railway manager to take away any part of the railway on 18
land managed by the manager. 19
`(6) If the non-accredited railway manager does not take it away within a 20
reasonable time, the manager may take it away and recover the costs from 21
the non-accredited manager. 22
`(7) If the manager maintains the non-accredited railway the manager 23
may exercise its powers under this Act in relation to the non-accredited 24
railway. 25
`(8) A person must not construct a non-accredited railway on a 26
watercourse without the Minister's written approval. 27
`(9) If a railway operator operates rolling stock over a non-accredited 28
railway, the railway operator may exercise its powers under this Act in 29
relation to the non-accredited railway. 30
s 12 54 s 14
Transport Infrastructure Amendment (Rail)
`(10) In this section-- 1
"non-accredited railway" means a railway managed by a non-accredited 2
railway manager. 3
"non-accredited railway manager" means a person who is not required 4
to be accredited for a railway because of section 71H(3).16 5
of Land Act 1994 6
`Application
`71ZZZA. The following provisions of the Land Act 1994 do not apply 7
to a lease of existing rail corridor land, new rail corridor land or non-rail 8
corridor land-- 9
· section 157 (Expiry of lease) 10
· section 183 (Rent payable) 11
· section 204 (Survey condition) 12
· section 211 (Conditions must be reviewed).'. 13
of s 72 (Definitions) 14
Amendment
Clause 12. Section 72, heading-- 15
omit, insert-- 16
`Definitions for chapter'. 17
of ss 99 and 100 18
Omission
Clause 13. Sections 99 and 100-- 19
omit. 20
of new ss 105A and 105B 21
Insertion
Clause 14. After section 105-- 22
insert-- 23
16 Section 71H (Accreditation of managers and operators)
s 15 55 s 15
Transport Infrastructure Amendment (Rail)
need to prove appointments 1
`No
`105A. In a proceeding for an offence against this Act, there is no need to 2
prove the appointment of a person who is an authorised person for a 3
railway. 4
for railway offences 5
`Prosecutions
`105B.(1) This section applies to an offence against this Act committed 6
by a person while the person was travelling on a railway. 7
`(2) A complaint for the offence may be heard at a place appointed for 8
holding Magistrates Courts within any of the districts through which the 9
person travelled on the railway. 10
`(3) This section has effect despite, but does not limit, the Justices Act 11
1886, section 139.17'. 12
of new s 110A 13
Insertion
Clause 15. In chapter 7-- 14
insert-- 15
of Freedom of Information Act and Judicial Review Act 16
`Application
`110A.(1) The Freedom of Information 1992 does not apply to a 17
document received or brought into existence by a transport GOC in carrying 18
out its excluded activities. 19
`(2) The Judicial Review Act 1991 does not apply to a decision of a 20
transport GOC made in carrying out its excluded activities. 21
`(3) A regulation may declare the activities of a transport GOC that are 22
taken to be, or are taken not to be, activities conducted on a commercial 23
basis. 24
`(4) In this section-- 25
"commercial activities" means activities conducted on a commercial basis. 26
17 Section 139 (Where summary cases to be heard)
s 16 56 s 16
Transport Infrastructure Amendment (Rail)
"community service obligations" has the same meaning as in the 1
Government Owned Corporations Act 1993. 2
"excluded activities" means-- 3
(a) commercial activities; or 4
(b) community service obligations prescribed under a regulation. 5
"transport GOC" means a GOC whose functions relate mainly to 6
transport.'. 7
of ch 8, new pt 1A 8
Insertion
Clause 16. In chapter 8-- 9
insert-- 10
`PART 1A--SAVINGS AND TRANSITIONAL 11
PROVISIONS ABOUT RAILWAYS 12
`Division 1--Provisions about land 13
rail corridor land 14
`Existing
`126A.(1) On the commencement-- 15
(a) existing rail corridor land becomes unallocated State land; and 16
(b) the Governor in Council must lease the land to the State under the 17
Land Act 1994, section 17(b)18. 18
`(2) The lease is in perpetuity and, if demanded, for a rent of $1 per year. 19
`(3) The land must be immediately subleased to Queensland Rail. 20
`(4) The sublease is to be for a term of 100 years and, if demanded, for a 21
rent of $1 per year. 22
`(5) The sublease is to give Queensland Rail an option to take up a 23
further sublease on the same terms for a further 100 years. 24
18 Section 17 (Granting land to the State)
s 16 57 s 16
Transport Infrastructure Amendment (Rail)
`(6) Subsection (1) has effect even though the boundaries of the land 1
may not be precisely identified. 2
`(7) Despite subsection (1), any structures attached to the land (whether 3
before or after the commencement) are Queensland Rail's property until 4
Queensland Rail disposes of them. 5
`(8) In this section-- 6
"structures" includes rail transport infrastructure and any other works. 7
identification etc. 8
`Boundary
`126B.(1) Queensland Rail and the chief executive must progressively, 9
and within 5 years after the commencement, identify-- 10
(a) the boundaries of existing rail corridor land; and 11
(b) the parts and boundaries of old QR land (other than existing rail 12
corridor land or commercial corridor land) that-- 13
(i) are mentioned in transport infrastructure strategies; and 14
(ii) they consider are of strategic importance to the State as part 15
of a transport corridor. 16
`(2) The identification may be done by compilation, survey or another 17
way sufficient to identify the land. 18
`(3) The chief executive must notify the boundaries in the gazette. 19
`(4) For land identified under subsection (1)(b), the notice must declare 20
the land to be non-rail corridor land. 21
`(5) On the declaration of the land as non-rail corridor land-- 22
(a) the land becomes unallocated State land; and 23
(b) the Governor in Council must lease the land to the State under the 24
Land Act 1994, section 17(b).19 25
`(6) The lease is in perpetuity and, if demanded, for a rent of $1 per year. 26
`(7) A regulation made within 5 years after the commencement may 27
extend the period mentioned in subsection (1) by not more than 2 years. 28
19 Section 17 (Granting land to the State)
s 16 58 s 16
Transport Infrastructure Amendment (Rail)
of land becoming unallocated State land 1
`Effect
`126C.(1) Subsection (2) applies if, immediately before becoming 2
unallocated State land under this division, existing rail corridor land or 3
non-rail corridor land was subject to a lease to someone else. 4
`(2) The lease continues on the same terms as a sublease-- 5
(a) for existing rail corridor land--from Queensland Rail to the 6
person; or 7
(b) for non-rail corridor land--from the State to the person. 8
`(3) If, immediately before land becomes unallocated State land under 9
this part, a person had a right to use the land that does not derive from a 10
lease, the right continues. 11
from fees 12
`Exemption
`126D. No fee is payable for the lodgment and registration of any 13
instrument required to give effect to this division or section 126I.20 14
of division etc. 15
`Expiry
`126E.(1) This division is a law to which the Acts Interpretation Act 16
1954, section 20A21 applies. 17
`(2) This division expires 7 years after it commences. 18
`Division 2--Other provisions 19
accreditation 20
`Interim
`126F.(1) Queensland Rail is taken to be accredited as the railway 21
manager for a railway that-- 22
20 Section 126I (Continuation of Transport Infrastructure Railways Act 1991, ss 49
and 51)
21 Section 20A (Repeal does not end savings, transitional or validating effect etc.)
s 16 59 s 16
Transport Infrastructure Amendment (Rail)
(a) was, immediately before the commencement, built or being 1
maintained by the previous rail corporation; or 2
(b) is built or maintained by Queensland Rail before this section 3
expires. 4
`(2) Queensland Rail is taken to be accredited as a railway operator for a 5
railway on which-- 6
(a) immediately before the commencement, the previous rail 7
corporation was operating rolling stock; or 8
(b) rolling stock is operated by Queensland Rail before this section 9
expires. 10
`(3) Each other person who, immediately before the commencement, 11
maintained a railway is taken to be accredited as the railway manager for the 12
railway. 13
`(4) Each other person who, immediately before the commencement, 14
operated rolling stock on a railway is taken to be accredited as a railway 15
operator for the railway. 16
`(5) Subsection (3) or (4) does not apply to a person to whom 17
section 71H(3)22 applies. 18
`(6) This section expires 2 years after it commences or, if an earlier date 19
is prescribed under a regulation, on that date. 20
`(7) A regulation made before the expiry of this section may extend the 21
2 year period mentioned in subsection (6) by not more than 6 months. 22
on railway land 23
`Advertising
`126G.(1) This section applies if a site on old QR land was being used 24
for advertising immediately before the commencement. 25
`(2) The site may be used for advertising while the land remains 26
commercial corridor land, existing rail corridor land, non-rail corridor land 27
or old QR land. 28
22 Section 71H(3) (Accreditation of managers and operators)
s 16 60 s 16
Transport Infrastructure Amendment (Rail)
`(3) The approval of a body other than Queensland Rail is not necessary 1
for advertising on the site. 2
`(4) This section expires 5 years after it commences. 3
to extend roads etc. 4
`Permissions
`126H.(1) A permission in force under the Transport Infrastructure 5
(Railways) Act 1991, section 5823 is taken to be a permission under section 6
71ZZQ.24 7
`(2) This section is a law to which the Acts Interpretation Act 1954, 8
section 20A25 applies. 9
`(3) This section expires on the day it commences. 10
of Transport Infrastructure (Railways) Act 1991, ss 49 11
`Continuation
and 51 12
`126I.(1) The Transport Infrastructure (Railways) Act 1991, sections 49 13
and 5126 continue to have effect. 14
`(2) The sections have effect as if a reference to Queensland Railways 15
were a reference to Queensland Rail. 16
`(3) This section has effect despite the repeal of the Transport 17
Infrastructure (Railways) Act 1991. 18
`(4) This section expires 5 years after it commences. 19
`(5) A regulation made within 5 years after the commencement may 20
extend the period mentioned in subsection (4) by not more than 2 years. 21
23 Section 58 (Agreement for extension of certain roads through or over lands of
Queensland Railways)
24 Section 71ZZQ (Extending roads etc. through or over railway land)
25 Section 20A (Repeal does not end savings, transitional or validating effect etc.)
26 Section 49 (Land vests in Queensland Railways)
Section 51 (Title under repealed Act)
s 16 61 s 16
Transport Infrastructure Amendment (Rail)
of Transport Infrastructure (Railways) Act 1991, ss 47, 1
`Continuation
48 and 50 2
`126J.(1) The Transport Infrastructure (Railways) Act 1991, sections 3
47, 48 and 5027 continue to have effect for the resumption of land that-- 4
(a) was started by the previous rail corporation before the 5
commencement; but 6
(b) had not finished at the commencement. 7
`(2) The sections have effect as if a reference to Queensland Railways 8
were a reference to Queensland Rail. 9
`(3) Under subsection (1), a resumption of land started when a notice of 10
intention to resume was given to the land's owner. 11
`(4) This section has effect despite the repeal of the Transport 12
Infrastructure (Railways) Act 1991. 13
`(5) This section expires 5 years after it commences or, if an earlier date 14
is prescribed under a regulation, on that date. 15
contracts 16
`Existing
`126K.(1) To remove any doubt about contracts entered into by the 17
previous rail corporation before the commencement, Queensland Rail is 18
taken to represent the State for the contracts. 19
`(2) This section is a law to which the Acts Interpretation Act 1954, 20
section 20A28 applies. 21
`(3) This section expires 7 years after it commences. 22
transaction documents 23
`Existing
`126L.(1) The purpose of this section is to remove any doubt about the 24
effect of this Act in relation to transaction documents in existence 25
immediately before the introduction day. 26
27 Section 47 (Land may be taken for the purposes of Act)
Section 48 (Queensland Railways may acquire certain small parcels)
Section 50 (Taking Crown land)
28 Section 20A (Repeal does not end savings, transitional or validating effect etc.)
s 16 62 s 16
Transport Infrastructure Amendment (Rail)
`(2) On and after the introduction day, Queensland Rail is taken to 1
represent the State under each transaction document, and the duties and 2
obligations of the previous rail corporation under each transaction document 3
are taken to be duties and obligations of the State. 4
`(3) The State may guarantee payments and obligations under a 5
transaction document. 6
`(4) This section has effect, and is taken always to have had effect, as if it 7
commenced on the introduction day. 8
`(5) This section is a law to which the Acts Interpretation Act 1954, 9
section 20A applies. 10
`(6) In this section-- 11
"introduction day" means the day the Transport Infrastructure 12
Amendment (Rail) Bill 1995 was introduced into the Legislative 13
Assembly. 14
"transaction document" means-- 15
(a) a document, including a lease, sublease or guarantee, connected 16
with a financial arrangement listed in Queensland Railways 17
schedule of leases approved by the Minister on or before the 18
introduction day; or 19
(b) a document declared under a regulation to be a transaction 20
document. 21
`(7) A regulation made under subsection (6), definition "transaction 22
document", paragraph (b) may be given retrospective operation to a day not 23
earlier than the introduction day. 24
`(8) This section is in addition to the Government Owned Corporations 25
Act 1993. 26
`(9) This section expires 7 years after it commences. 27
regulations 28
`Existing
`126M.(1) A regulation in force under the Transport Infrastructure 29
(Railways) Act 1991 immediately before the commencement remains in 30
force for this Act, but subject to amendment or repeal by a regulation under 31
this Act. 32
s 17 63 s 17
Transport Infrastructure Amendment (Rail)
`(2) The regulation is to be read with the changes necessary to make it 1
consistent with, and adapt its operation to, this Act. 2
`(3) The regulation expires 6 months after the commencement unless 3
earlier repealed. 4
`(4) This section expires 6 months after the commencement. 5
regulations 6
`Transitional
`126N.(1) A regulation may make provision about a matter for which-- 7
(a) provision is made under the Transport Infrastructure (Railways) 8
Act 1991; and 9
(b) in the opinion of the Governor in Council, no provision, or 10
insufficient provision, is made about the matter under this part. 11
`(2) A regulation made for this part may be given retrospective effect to a 12
day not earlier than the commencement. 13
`(3) This section, and any regulation under it, expire on 1 July 1996. 14
and renumbering of Act 15
`Numbering
`126O. The Reprints Act 1992, section 4329 must be used in the next 16
reprint of this Act produced under the Reprints Act 1992.'. 17
of new ch 8, pt 3, div 1A 18
Insertion
Clause 17. Chapter 8, part 3-- 19
insert-- 20
`Division 1A--Transition of references about railways 21
of division 22
`Application
`151A. This division applies to references in Acts (other than this Act) in 23
existence at its commencement. 24
29 Section 43 (Numbering and renumbering of provisions)
s 18 64 s 19
Transport Infrastructure Amendment (Rail)
Act 1914 references 1
`Railways
`151B. A reference to the Railways Act 1914 is taken to be a reference to 2
this Act. 3
Infrastructure (Railways) Act 1991 references 4
`Transport
`151C. A reference to the Transport Infrastructure (Railways) Act 1991 5
is taken to be a reference to this Act. 6
for railways references 7
`Commissioner
`151D. A reference to the commissioner for railways is taken to be a 8
reference to-- 9
(a) for the commissioner as a corporation sole--Queensland Rail; or 10
(b) for the commissioner as an individual--the chief executive of 11
Queensland Rail. 12
Department references 13
`Railways
`151E. A reference to the Railways Department is taken to be a reference 14
to Queensland Rail. 15
Railways references 16
`Queensland
`151F. A reference to Queensland Railways is taken to be a reference to 17
Queensland Rail.'. 18
of ch 8, pt 3, div 3 (Transition of references about railways) 19
Omission
Clause 18. Chapter 8, part 3, division 3-- 20
omit. 21
of sch 1 (Subject matter for regulations) 22
Amendment
Clause 19. Schedule 1-- 23
insert-- 24
s 20 65 s 20
Transport Infrastructure Amendment (Rail)
`11. The rights and obligations of persons on a railway. 1
`12. The removal by a railway owner of vehicles, goods or other 2
property that are-- 3
(a) abandoned on its railway; or 4
(b) parked or left against the railway manager's directions. 5
`13. The sale or other disposal by a railway manager of vehicles, goods 6
or other property abandoned on its railway. 7
`14. The recovery by a railway manager of the costs of doing the things 8
mentioned in items 12 and 13. 9
`15. Alcohol breath tests, drug tests and medical examinations that may 10
be required by an authorised person for a railway.'. 11
of sch 2 (Appeals) 12
Amendment
Clause 20. Schedule 2-- 13
insert-- 14
`71K Refusal to grant accreditation District
71K Granting accreditation District
subject to conditions
71O(2) Refusal to amend District or
accreditation conditions Magistrates
71P(3) Amendment of accreditation District or
conditions Magistrates
71P(7) Amendment of accreditation District or
conditions Magistrates
71Q(3) Suspension or cancellation of District or
accreditation Magistrates
71R(2) Immediate suspension of District or
accreditation Magistrates
71X(2) Refusal to allow later time to Magistrates
give notice for compensation
71Y Refusal to approve diversion Magistrates
s 20 66 s 20
Transport Infrastructure Amendment (Rail)
or construction of
watercourse
71Z(2) Direction requiring works to District or
stop, be altered or not started Magistrates
71Z(4) Requirement to alter, District or
demolish or take away Magistrates
works
71Z(6) Decision to alter, demolish District or
or take away works Magistrates
71Z(6) Decision about cost of District or
altering, demolishing or Magistrates'.
taking away works
of sch 3 (Dictionary) 1
Amendment
Clause 21.(1) Schedule 3, definitions "occupier", "on", "owner" and "rail 2
transport infrastructure"-- 3
omit. 4
(2) Schedule 3-- 5
insert-- 6
` "accredited person", for chapter 5A30, means a railway manager or 7
operator for whom an accreditation is in force under the chapter. 8
"alter" includes add to. 9
"authorised person", for a railway, means-- 10
(a) a police officer; or 11
(b) a person who holds an appointment as an authorised person for 12
the railway under the Transport Operations (Passenger 13
Transport) Act 1994, section 115B.31 14
"carry out" road or railway works means do anything on land that is 15
reasonably necessary or desirable for the works, including, for 16
30 Chapter 5A (Rail transport infrastructure)
31 Section 115B (Appointment of authorised person by chief executive)
s 21 67 s 21
Transport Infrastructure Amendment (Rail)
example, temporarily occupy or use the land. 1
"commercial corridor land" means old QR land-- 2
(a) on or within which rail transport infrastructure is situated; and 3
(b) notified by the chief executive in the gazette. 4
"competition principles" see section 71D. 5
"existing rail corridor land" means old QR land-- 6
(a) on or within which rail transport infrastructure is situated; and 7
(b) that is not commercial corridor land. 8
"future railway land" means land about which the chief executive has, by 9
written notice to the relevant local government and in the gazette, 10
indicated that the land is intended to be used for a railway. 11
"interfere with" a railway means-- 12
(a) carry out works on the railway; or 13
(b) otherwise interfere with the railway or its operation. 14
"maintenance", for chapters 5 and 5A32, includes-- 15
(a) rehabilitation; and 16
(b) replacement; and 17
(c) repair; and 18
(d) recurrent servicing; and 19
(e) preventive and remedial action; and 20
(f) removal; and 21
(g) alteration; and 22
(h) maintaining systems and services for transport infrastructure. 23
"new rail corridor land" means land that is leased to a railway manager 24
under section 71ZZG.33 25
32 Chapter 5 (Road transport infrastructure)
Chapter 5A (Rail transport infrastructure)
33 Section 71ZZG (Lease of land to railway managers)
s 21 68 s 21
Transport Infrastructure Amendment (Rail)
"non-rail corridor land" means old QR land declared to be non-rail 1
corridor land.34 2
"occupier", of land, for chapters 5, 5A and 735, means-- 3
(a) the person in actual occupation of the land; or 4
(b) if there is no person in actual occupation--the person entitled to 5
possession of the land; 6
and, for a watercourse or reserve, includes the person responsible for 7
the care and management of the watercourse or reserve. 8
"old QR land" means land (other than an easement in land) that, 9
immediately before the commencement of the Transport 10
Infrastructure Amendment (Rail) Act 1995, section 4-- 11
(a) was held by the previous rail corporation in fee simple; or 12
(b) could be granted in fee simple to the previous rail corporation 13
under the Transport Infrastructure (Railways) Act 1991, 14
section 49(2).36 15
"on" a railway, road or other land includes over or under the land. 16
"other rail infrastructure" means-- 17
(a) freight centres or depots; or 18
(b) maintenance depots; or 19
(c) office buildings or housing; or 20
(d) rolling stock or other vehicles that operate on a railway; or 21
(e) workshops; or 22
(f) any railway track, works or other thing that is part of anything 23
mentioned in paragraphs (a) to (e). 24
"owner", of land, includes-- 25
34 See section 111B (Boundary identification).
35 Chapter 5 (Road transport infrastructure)
Chapter 5A (Rail transport infrastructure)
Chapter 7 (General provisions)
36 Section 49(2) (Land vests in Queensland Railways)
s 21 69 s 21
Transport Infrastructure Amendment (Rail)
(a) the lessee or licensee from the State of the land; or 1
(b) the person who has lawful control of the land, on trust or 2
otherwise; or 3
(c) the person who is entitled to receive the rents and profits of the 4
land. 5
"previous rail corporation" means Queensland Railways. 6
"rail transport infrastructure" means facilities necessary for operating a 7
railway, including-- 8
(a) railway track and works built for the railway, including, for 9
example-- 10
· cuttings 11
· drainage works 12
· excavations 13
· land fill 14
· track support earthworks; and 15
(b) any of the following things that are associated with the railway's 16
operation-- 17
· bridges 18
· communication systems 19
· machinery and other equipment 20
· marshalling yards 21
· notice boards, notice markers and signs 22
· overhead electrical power supply systems 23
· over-track structures 24
· platforms 25
· power and communication cables 26
· service roads 27
· signalling facilities and equipment 28
· stations 29
s 21 70 s 21
Transport Infrastructure Amendment (Rail)
· survey stations, pegs and marks 1
· train operation control facilities 2
· tunnels 3
· under-track structures 4
but does not include other rail infrastructure. 5
"railway crossing" means a level crossing, bridge or another structure 6
used to cross over or under a railway. 7
"railway manager", for a railway, means the person who-- 8
(a) is legally entitled to manage the rail transport infrastructure of a 9
railway; and 10
(b) operates the railway's train control, signalling and communication 11
facilities. 12
"railway operator" means a person who operates rolling stock on a 13
railway. 14
"railway works" means works for-- 15
(a) planning a railway; or 16
(b) constructing, maintaining, altering or operating a railway or 17
rolling stock, and 18
includes works declared by regulation to be railway works. 19
"reasonably" means on grounds that are reasonable in all the 20
circumstances. 21
"rolling stock" means a vehicle that-- 22
(a) operates on a railway; and 23
(b) is used, or proposed to be used, to transport passengers or freight 24
on a railway track for reward. 25
"serious incident" means an incident that has caused, or could have 26
caused, significant property damage, serious injury or death. 27
"sugar tramway" means a tramway-- 28
(a) operated, entirely or partly, on an easement under the Sugar 29
s 22 71 s 22
Transport Infrastructure Amendment (Rail)
Industry Act 1991, part 1137 or the Sugar Milling Rationalisation 1
Act 1991, part 438; and 2
(b) used, or proposed to be used, to transport sugar cane, sugar or 3
sugar cane by-products; and 4
(c) that does not transport passengers or other freight for reward. 5
"wilfully" means deliberately or recklessly. 6
"works" includes activities.'. 7
(3) Schedule 3, definition "land", paragraph (b)-- 8
omit, insert-- 9
`(b) for chapter 5A39 includes-- 10
(i) a reserve within the meaning of the Land Act 1994 or a road; 11
and 12
(ii) land within the beds or banks of a stream, watercourse or 13
inundated land; or 14
(c) for chapter 5A, part 7--includes the airspace above, and the land 15
below, the surface; or 16
(d) for chapter 6--see section 72.'. 17
ART 3--REPEALS AND AMENDMENTS OF OTHER 18
P
ACTS 19
repealed 20
Acts
Clause 22. The following Acts are repealed-- 21
37 Part 11 (Easements and permits to use land)
38 Part 4 (Easements)
39 Chapter 5A (Rail transport infrastructure)
Chapter 5A, part 7 (Land for railway purposes)
Chapter 6 (Port infrastructure)
s 23 72 s 23
Transport Infrastructure Amendment (Rail)
· Railways Land Acquisition Act 1977 No. 17 1
· Transport Infrastructure (Railways) Act 1991 No. 28 2
· Transport Infrastructure (Railways) Amendment Act 1993 3
No. 69. 4
of other Acts 5
Amendment
Clause 23. The schedule amends the Acts mentioned in it. 6
7
73
Transport Infrastructure Amendment (Rail)
CHEDULE 1
¡S
AMENDMENT OF OTHER ACTS 2
section 23 of the Act 3
CITY OF BRISBANE ACT 1924 4
1. Section 47(1)-- 5
insert-- 6
`(e) the following land under the Transport Infrastructure Act 1994-- 7
(i) strategic port land occupied by a port authority, the State, or 8
a government entity (within the meaning of the Government 9
Owned Corporations Act 1993); and 10
(ii) existing or new rail corridor land; and 11
(iii) commercial corridor land that is not subject to a lease.'. 12
FREEDOM OF INFORMATION ACT 1992 13
1. Schedule 2, item 1-- 14
insert-- 15
`1. Queensland Rail, or a port Transport Infrastructure Act 1994, 16
authority (within the meaning of the s 110A'. 17
Transport Infrastructure Act 1994), 18
that is a GOC
74
Transport Infrastructure Amendment (Rail)
JUDICIAL REVIEW ACT 1991 1
1. Schedule 6, item 1-- 2
insert-- 3
`1. Queensland Rail, or a port Transport Infrastructure Act 1994, 4
authority (within the meaning of the s 110A'. 5
Transport Infrastructure Act 1994), 6
that is a GOC
LAND ACT 1962 7
1. Section 40(1)-- 8
omit, insert-- 9
`40.(1) A single member sitting alone constitutes the court for the 10
exercise of its jurisdiction under any Act, unless the Act expressly provides 11
that the court's jurisdiction must be exercised by the court constituted in 12
another way.'. 13
LAND ACT 1994 14
1. Section 98(1)-- 15
omit, insert-- 16
`98.(1) If, after inquiry and notice the Minister considers appropriate, the 17
Minister is satisfied a road is not needed, the Minister may, by gazette 18
notice, permanently or temporarily close the road.'. 19
2. Section 183(5)-- 20
insert-- 21
75
Transport Infrastructure Amendment (Rail)
`(c) for a lease, licence or permit given or issued to the State or a 1
government owned corporation.'. 2
3. Section 257-- 3
insert-- 4
`(f) if existing rail corridor land, new rail corridor land, non-rail 5
corridor land or commercial corridor land (within the meaning of 6
the Transport Infrastructure Act 1994) is not subject to a 7
commercial lease--a person to clear trees from the land for 8
routine transport corridor management and safety purposes.'. 9
4. Section 340(2)-- 10
omit, insert-- 11
`(2) If the mortgagor is registered as a trustee, a document stating the 12
details of the trust, or the document creating the trust, must be deposited 13
with the mortgage, unless-- 14
(a) a document has already been produced for the trust under section 15
374(2)40 or deposited under section 375(2)41 with a transfer; and 16
(b) the details of the trust have not since changed.'. 17
5. Section 393-- 18
insert-- 19
`(5) If the chief executive delegates powers about the land registry to the 20
registrar of titles, the registrar may subdelegate the powers to an officer or 21
employee of the department under the control of the registrar. 22
`(6) A person acting under a subdelegation given under subsection (5) 23
may act under the title `registrar of titles'.'. 24
40 Section 374 (Details of trust must be given)
41 Section 375 (Interests held in trust must be registered)
76
Transport Infrastructure Amendment (Rail)
6. Section 521(1), `sections 39 and 40'-- 1
omit, insert-- 2
`section 39'. 3
7. Schedule 6, definition "pre-Wolfe freeholding lease", paragraph 4
(f)-- 5
omit, insert-- 6
`(f) a mining titles freeholding lease.'. 7
8. Schedule 5, amendment 7, s 73(2) of the Land Title Act 1994, 8
`borrowing'-- 9
omit, insert-- 10
`registered'. 11
9. Schedule 6-- 12
insert-- 13
` "mining titles freeholding lease" means a mining titles freeholding lease 14
issued under the Mining Titles Freeholding Act 1980, and includes a 15
replacement document issued under section 502.42'. 16
LOCAL GOVERNMENT ACT 1993 17
1. Section 515-- 18
insert-- 19
`(3) However, a local government cannot make a local law about a 20
42 Section 502 (Replacement mining titles freeholding leases)
77
Transport Infrastructure Amendment (Rail)
railway to which the Transport Infrastructure Act 1994, chapter 5A43 1
applies.'. 2
2. Section 553(1)(e)-- 3
renumber as paragraph (f). 4
3. Section 553(1)-- 5
insert-- 6
`(e) the following land under the Transport Infrastructure Act 1994-- 7
(i) strategic port land occupied by a port authority, the State, or 8
a government entity; and 9
(ii) existing or new rail corridor land; and 10
(iii) commercial corridor land that is not subject to a lease; and'. 11
TRANSPORT OPERATIONS (PASSENGER 12
TRANSPORT) ACT 1994 13
1. Section 14(2)(a)-- 14
omit, insert-- 15
`(a) public passenger services provided by a railway operator; or'. 16
2. Section 26(2)(a)-- 17
omit, insert-- 18
`(a) public passenger services provided by a railway operator; or'. 19
43 Chapter 5A (Rail transport infrastructure)
78
Transport Infrastructure Amendment (Rail)
3. After section 101-- 1
insert-- 2
`Standards do not apply to railway managers or operators 3
`101A. Standards do not apply to railway managers or operators.'. 4
4. In chapter 11-- 5
insert-- 6
`PART 1A--AUTHORISED PERSONS FOR 7
RAILWAYS 8
`Appointment of authorised persons for railways 9
`115B.(1) Every police officer is an authorised person for every railway. 10
`(2) The chief executive may appoint an employee of a railway manager 11
or operator to be an authorised person for the railway. 12
`(3) The chief executive may appoint a person to be an authorised person 13
for the railway only if-- 14
(a) the chief executive considers the person has the necessary 15
expertise or experience to be an authorised person; or 16
(b) the person has satisfactorily finished training approved by the 17
chief executive. 18
`(4) The chief executive may limit the powers of an authorised person 19
(other than a police officer) by written notice given to the person. 20
`(5) An authorised person may only exercise a power under this Act for 21
the railway for which the person was appointed. 22
`Identity cards 23
`115C.(1) This section does not apply to an authorised person for a 24
railway who is a police officer. 25
`(2) A railway manager or operator must give each of its employees who 26
is an authorised person an identity card. 27
79
Transport Infrastructure Amendment (Rail)
`(3) The identity card must-- 1
(a) contain a recent photograph of the person; and 2
(b) be signed by the person; and 3
(c) identify the person as an authorised person for the railway; and 4
(d) state an expiry date. 5
`(4) A person who stops being an authorised person for the railway must 6
return the person's identity card to the railway manager or operator as soon 7
as practicable (but within 21 days) after the person stops being an 8
authorised person, unless the person has a reasonable excuse. 9
Maximum penalty--10 penalty units. 10
`(5) This section does not prevent the giving of a single identity card to 11
the person for this and other Acts. 12
`Producing or displaying authorised person's identity card 13
`115D.(1) This section does not apply to a uniformed police officer. 14
`(2) An authorised person for a railway may exercise a power in relation 15
to anyone only if-- 16
(a) the person-- 17
(i) for an authorised person who is a police officer--first 18
produces the person's police identity card for the other 19
person's inspection; or 20
(ii) for any other authorised person--first produces the person's 21
identity card for the other person's inspection; or 22
(b) the authorised person has the person's identity card displayed so 23
it is clearly visible to the other person. 24
`(3) However, if for any reason it is not practicable to comply with 25
subsection (2) before exercising the power, the authorised person must 26
produce the identity card as soon as it is practicable. 27
`Protection from liability 28
`115E.(1) In this section-- 29
80
Transport Infrastructure Amendment (Rail)
"official" means-- 1
(a) an authorised person for a railway; or 2
(b) a person acting under an authorised person's direction. 3
`(2) An official is not civilly liable for an act done, or omission made, 4
honestly and without negligence under this Act. 5
`(3) If subsection (2) prevents a civil liability attaching to a person, the 6
liability attaches instead to-- 7
(a) if the authorised person is employed by a railway manager or 8
operator--the manager or operator; or 9
(b) in any other case--the State.'. 10
5. In chapter 11-- 11
insert-- 12
`PART 5--POWERS OF AUTHORISED PERSONS 13
FOR RAILWAYS 14
`Power to require name and address etc. 15
`132A.(1) An authorised person for a railway may require a person to 16
state the person's name and address if the authorised person-- 17
(a) finds the person committing an offence (a "relevant offence") 18
against this Act or the Transport Infrastructure Act 1994, 19
chapter 5A44; or 20
(b) finds the person in circumstances that lead, or has information 21
that leads, the authorised person to reasonably suspect the person 22
has just committed a relevant offence. 23
`(2) The authorised person may also require the person to state the 24
person's age if the authorised person reasonably suspects the person's age 25
is required for the enforcement of this Act or the Transport Infrastructure 26
Act 1994, chapter 5A. 27
44 Chapter 5A (Rail transport infrastructure)
81
Transport Infrastructure Amendment (Rail)
`(3) When making the requirement, the authorised person must warn the 1
person that it is an offence to fail to state the person's name and address 2
and, if relevant, age unless the person has a reasonable excuse. 3
`(4) The authorised person may require the person to give evidence of the 4
correctness of the person's stated name, address or age if the authorised 5
person reasonably suspects the stated name, address or age is false. 6
`(5) A person must comply with the authorised person's requirement 7
under subsection (1), (2) or (4), unless the person has a reasonable excuse 8
for not complying with it. 9
Maximum penalty--40 penalty units. 10
`(6) A police officer may arrest a person without a warrant if the police 11
officer reasonably believes-- 12
(a) the person has just committed an offence against subsection (5); 13
and 14
(b) proceedings by way of complaint and summons against the 15
person would be ineffective. 16
`(7) A person does not commit an offence against this section if-- 17
(a) the person was required to state the person's name and address 18
by an authorised person who suspected the person had committed 19
a relevant offence; and 20
(b) the person is not proved to have committed the offence. 21
`Power to require information from certain persons 22
`132B.(1) This section applies if an authorised person for a railway 23
reasonably suspects-- 24
(a) an offence against this Act has just been committed; and 25
(b) the offence relates to the construction, operation or maintenance 26
of a railway; and 27
(c) a person may be able to give information about the offence. 28
`(2) The authorised person may require the person to give information 29
about the offence. 30
82
Transport Infrastructure Amendment (Rail)
`(3) When making the requirement, the authorised person must warn the 1
person it is an offence to fail to give the information, unless the person has a 2
reasonable excuse. 3
`(4) The person must give the information, unless the person has a 4
reasonable excuse. 5
Maximum penalty--40 penalty units. 6
`(5) It is a reasonable excuse for an individual to fail to give information 7
if giving it might tend to incriminate the individual. 8
`(6) The person does not commit an offence against this section if the 9
information sought by the authorised person is not in fact relevant to the 10
offence. 11
`Power to require production of tickets 12
`132C.(1) An authorised person for a railway may require anyone who 13
is travelling by rail to produce to the authorised person the person's ticket 14
for the journey. 15
`(2) If an authorised person reasonably suspects a person who is at a 16
railway station has just travelled by rail, the person may require the person 17
to produce to the authorised person the person's ticket for the journey. 18
`(3) If an authorised person reasonably suspects a ticket produced to the 19
authorised person is an invalid ticket, the authorised person may require the 20
person to give it to the authorised person. 21
`(4) The person must comply with a requirement under subsection (1) to 22
(3), unless the person has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
`(5) A person does not commit an offence against subsection (4) because 25
of subsection (1) if, immediately before the person started the journey, the 26
railway station where the person started the journey-- 27
(a) was not open for business; and 28
(b) was not equipped with an automatic ticket machine that was able 29
to dispense tickets at the time. 30
83
Transport Infrastructure Amendment (Rail)
`Power to require person to leave train etc. 1
`132D.(1) An authorised person for a railway may direct a person to 2
leave a railway, or a train or other passenger vehicle being operated by a 3
railway manager or operator, if-- 4
(a) the authorised person finds the person committing an offence 5
against section 132E, 132F or 132G, or the Transport 6
Infrastructure Act 1994, section 71ZZU;45 and 7
(b) the authorised person reasonably believes the person may 8
continue to commit or immediately repeat the offence. 9
`(2) However, the authorised person may not give the direction if 10
obeying the direction could put the person's safety at risk. 11
`(3) The person must obey the direction, unless the person has a 12
reasonable excuse. 13
Maximum penalty--40 penalty units. 14
`(4) If the person does not obey the direction, the authorised person may 15
use force that is reasonable to get the person to leave. 16
`PART 6--RAILWAY OFFENCES 17
`Creating disturbance on trains etc. 18
`132E. A person must not create a disturbance or create a nuisance while 19
on a railway, or a train or other passenger vehicle being operated by a 20
railway manager or operator, unless the person has a reasonable excuse. 21
Maximum penalty--20 penalty units. 22
`(2) A police officer may arrest a person without a warrant if the police 23
officer reasonably believes-- 24
45 Section 132E (Creating a disturbance on trains etc.)
Section 132F (Travelling without paying fare etc.)
Section 132G (Travelling on invalid ticket)
Section 71ZZU (Interfering with railway)
84
Transport Infrastructure Amendment (Rail)
(a) the person has just committed an offence against subsection (1); 1
and 2
(b) proceedings by way of complaint and summons against the 3
person would be ineffective. 4
`Travelling without paying fare etc. 5
`132F.(1) A person must not, without reasonable excuse, travel by 6
railway unless-- 7
(a) before starting the journey, the person-- 8
(i) had paid the correct fare and obtained a ticket for the journey; 9
or 10
(ii) if the correct fare could not be paid--had obtained a ticket 11
for the journey from an automatic ticket machine and the 12
cost of the ticket was more than the correct fare, or was less 13
than the correct fare but as close as possible as could be 14
obtained from the machine; or 15
(b) the person already had a ticket that authorised the person to travel 16
on the journey. 17
Maximum penalty--20 penalty units. 18
`(2) A person does not commit an offence against subsection (1) if, 19
immediately before the person started on the journey, the railway station at 20
which the person started the journey-- 21
(a) was not open for business; and 22
(b) was not equipped with an automatic ticket machine that was 23
capable of dispensing tickets. 24
`(3) If-- 25
(a) a person obtains a ticket from an automatic ticket machine before 26
starting a journey by railway; and 27
(b) the cost of the ticket is less than the correct fare for the journey; 28
the person must, at or before the end of the journey, pay the difference to 29
the railway operator, unless the person has a reasonable excuse. 30
Maximum penalty--20 penalty units. 31
85
Transport Infrastructure Amendment (Rail)
`(4) If-- 1
(a) a person cannot comply with subsection (1)(a) before starting a 2
journey by railway because of circumstances mentioned in 3
subsection (2); and 4
(b) the person did not already have a ticket that authorised the person 5
to travel on the journey; 6
the person must, at or before the end of the journey, pay the correct fare for 7
the journey to the railway operator, unless the person has a reasonable 8
excuse. 9
Maximum penalty--20 penalty units. 10
`(5) A person does not commit an offence against subsection (3) or (4) 11
for a journey if-- 12
(a) the person was not required by an authorised person for a railway 13
to produce the person's ticket for the journey before the person 14
left the railway station where the journey ended; and 15
(b) that railway station was not open for business when the journey 16
ended. 17
`(6) However, if at or before the end of the journey mentioned in 18
subsection (3) or (4), the person is required by an authorised person for a 19
railway to produce the person's ticket, the person must immediately offer to 20
pay the fare payable for the journey. 21
Maximum penalty--20 penalty units. 22
`(7) A person must not, without reasonable excuse, travel by another 23
transportation system provided by a railway manager or operator unless, 24
before starting the journey, the person-- 25
(a) had paid the correct fare and obtained a ticket for the journey; or 26
(b) the person already had a ticket that authorised the person to travel 27
on the journey. 28
Maximum penalty--20 penalty units. 29
`Travelling on invalid tickets 30
`132G.(1) A person must not travel, or attempt to travel-- 31
86
Transport Infrastructure Amendment (Rail)
(a) by railway or by another transportation system provided by a 1
railway manager or operator using an invalid ticket, unless the 2
person has a reasonable excuse; or 3
(b) by railway in a railway carriage of a higher class to the class 4
shown on the person's ticket for the journey, unless the person 5
has a reasonable excuse. 6
Maximum penalty--20 penalty units.'. 7
6. After section 140-- 8
insert-- 9
`No need to prove appointments 10
`140A. In a proceeding for an offence against this Act, there is no need to 11
prove the appointment of an authorised person for a railway. 12
`Prosecutions for railway offences 13
`140B.(1) This section applies to an offence against this Act committed 14
by a person while the person was travelling by rail. 15
`(2) A complaint for the offence may be heard at a place appointed for 16
holding Magistrates Courts within any of the districts through which the 17
person travelled on the rail journey. 18
`(3) This section has effect despite, but does not limit, the Justices Act 19
1886, section 13946.'. 20
7. In chapter 13-- 21
insert-- 22
46 Section 139 (Where summary cases to be heard)
87
Transport Infrastructure Amendment (Rail)
`PART 6--NUMBERING AND RENUMBERING OF 1
ACT 2
`Numbering and renumbering of Act 3
`175. The Reprints Act 1992, section 4347 must be used in the next 4
reprint of this Act produced under the Reprints Act 1992.'. 5
8. Schedule 5, definition "authorised person"-- 6
omit. 7
9. Schedule 5-- 8
insert-- 9
` "authorised person" means-- 10
(a) for an authorised person for a railway--a person who holds an 11
appointment under this Act as an authorised person for the 12
railway; or 13
(b) a person who holds and appointment under this Act as an 14
authorised person. 15
"invalid ticket", for chapter 11, parts 5 and 648 means a ticket for a rail 16
journey that-- 17
(a) is used by a person after the end of the journey for which the 18
ticket was issued; or 19
(b) is used by a person for a journey that is not the journey for which 20
the ticket was issued; or 21
(c) is used by a person after the expiry time on the ticket; or 22
(d) has been altered or defaced; or 23
(e) was obtained by a false statement about a concession fare; or 24
47 Section 43 (Numbering and renumbering of provisions)
48 Chapter 11 (Enforcement), part 5 (Powers of authorised persons for railways) and
part 6 (Railway offences)
88
Transport Infrastructure Amendment (Rail)
(f) is counterfeit. 1
"railway manager" has the meaning given by the Transport 2
Infrastructure Act 1994. 3
"railway operator" has the meaning given by the Transport Infrastructure 4
Act 1994. 5
"reasonably" means on grounds that are reasonable in all the 6
circumstances.'. 7
TRANSPORT OPERATIONS (ROAD USE 8
MANAGEMENT) ACT 1995 9
1. After section 93-- 10
insert-- 11
`Declaration about Act's assent 12
`94.(1) To remove any doubt, it is declared that this Act is, and always 13
has been, valid, and in particular that the assent given to this Act on 5 April 14
1995 is, and always has been, valid. 15
`(2) To remove any doubt, it is also declared that this Act has effect, and 16
has always had effect, as if the following changes had been made to the Act 17
from immediately before assent-- 18
`1. Schedule 1, amendments of Transport Infrastructure Act 1994, 19
provisions after amendment 20, from `13' `to insert--' (first 20
mention)-- 21
omit. 22
`2. Schedule 1, amendments of Transport Infrastructure Act 1994, 23
provisions after amendment 20, from `5' to `jointly and severally 24
liable.'.'-- 25
relocate to schedule 1, amendments of Transport Operations (Marine 26
Safety) Act 1994. 27
89
Transport Infrastructure Amendment (Rail)
`(3) This section is a law to which the Acts Interpretation Act 1954, 1
section 20A applies. 2
`(4) This section expires on the day on which it commences.'. 3
TRANSPORT PLANNING AND COORDINATION 4
ACT 1994 5
1. Section 4-- 6
insert-- 7
` "transport land" means land that-- 8
(a) has been acquired for transport purposes or for an incidental or 9
complementary purpose; and 10
(b) is required for-- 11
(i) the operations of a transport GOC; or 12
(ii) road transport infrastructure to which a road franchise 13
agreement under the Transport Infrastructure Act 1994, 14
chapter 5, part 649 applies; or 15
(iii) the operations of a person who is a railway manager under 16
the Transport Infrastructure Act 1994, chapter 5A.50 17
"transport GOC" means a GOC, or a candidate GOC (within the 18
meaning of the Government Owned Corporations Act 1993), whose 19
functions relate mainly to transport.'. 20
2. Section 8A (in part 3)-- 21
renumber as section 8B. 22
49 Chapter 5 (Road transport infrastructure), part 6 (Franchised roads)
50 Chapter 5A (Rail transport infrastructure)
90
Transport Infrastructure Amendment (Rail)
3. Section 10-- 1
insert-- 2
`(4A) The chief executive may have regard to any other matters the chief 3
executive considers relevant. 4
`(4B) The power to acquire land under this part includes power to acquire 5
land or an easement in land beneath the surface without acquiring rights in 6
the surface. 7
`(4C) Subsection (4B) applies to the acquisition of an easement even 8
though the easement-- 9
(a) is not attached to, or used and enjoyed with, a dominant tenement; 10
or 11
(b) must not be used and enjoyed in common with any other 12
person.'. 13
4. Section 10(6), after `obtain'-- 14
insert-- 15
`or resume'. 16
5. Section 10-- 17
insert-- 18
`(8) Land acquired under this part may be described in the instrument 19
acquiring the land in any way sufficient to identify the land.'. 20
6. Section 10 (4A) to (8)-- 21
renumber. 22
7. Section 12(1)-- 23
omit, insert-- 24
`Power of chief executive to lease, sell or otherwise dispose of land to 25
transport GOC etc. 26
91
Transport Infrastructure Amendment (Rail)
`12.(1) The chief executive may, for the State, lease, sell or otherwise 1
dispose of transport land to a transport GOC, a franchisee or a railway 2
manager. 3
`(2) Subsection (1) applies despite the Acquisition of Land Act 1967.'. 4
5
92
Transport Infrastructure Amendment (Rail)
TTACHMENT FOR TRANSPORT 1
¡A
INFRASTRUCTURE ACT 1994 NOT FORMING PART 2
OF ANY ACT 3
XTRACT FROM COMPETITION PRINCIPLES 4
E
AGREEMENT--PROVISIONS ABOUT ACCESS TO 5
SIGNIFICANT INFRASTRUCTURE FACILITIES 6
Access to services provided by means of significant infrastructure 7
facilities 8
6.(1) Subject to sub-clause (2), the Commonwealth will put forward 9
legislation to establish a regime for third party access to services provided 10
by means of significant infrastructure facilities where: 11
(a) it would not be economically feasible to duplicate the facility; 12
(b) access to the service is necessary in order to permit effective 13
competition in a downstream or upstream market; 14
(c) the facility is of national significance having regard to the size of 15
the facility, its importance to constitutional trade or commerce or 16
its importance to the national economy; and 17
(d) the safe use of the facility by the person seeking access can be 18
ensured at an economically feasible cost and, if there is a safety 19
requirement, appropriate regulatory arrangements exist. 20
(2) The regime to be established by Commonwealth legislation is not 21
intended to cover a service provided by means of a facility where the State 22
or Territory Party in whose jurisdiction the facility is situated has in place an 23
access regime which covers the facility and conforms to the principles set 24
out in this clause unless: 25
(a) the Council determines that the regime is ineffective having 26
regard to the influence of the facility beyond the jurisdictional 27
boundary of the State or Territory; or 28
(b) substantial difficulties arise from the facility being situated in 29
more than one jurisdiction. 30
93
Transport Infrastructure Amendment (Rail)
(3) For a State or Territory access regime to conform to the principles set 1
out in this clause, it should: 2
(a) apply to services provided by means of significant infrastructure 3
facilities where: 4
(i) it would not be economically feasible to duplicate the facility; 5
(ii) access to the service is necessary in order to permit effective 6
competition in a downstream or upstream market; and 7
(iii) the safe use of the facility by the person seeking access can 8
be ensured at an economically feasible cost and, if there is a 9
safety requirement, appropriate regulatory regimes exist; and 10
(b) incorporate the principles referred to in sub-clause (4). 11
(4) A State or Territory access regime should incorporate the following 12
principles: 13
(a) Wherever possible third party access to a service provided by 14
means of a facility should be on the basis of terms and conditions 15
agreed between the owner of the facility and the person seeking 16
access. 17
(b) Where such agreement cannot be reached, Governments should 18
establish a right for persons to negotiate access to a service 19
provided by means of a facility. 20
(c) Any right to negotiate access should provide for an enforcement 21
process. 22
(d) Any right to negotiate access should include a date after which the 23
right would lapse unless reviewed and subsequently extended; 24
however, existing contractual rights and obligations should not be 25
automatically revoked. 26
(e) The owner of a facility that is used to provide a service should use 27
all reasonable endeavours to accommodate the requirements of 28
persons seeking access. 29
(f) Access to a service for persons seeking access need not be on 30
exactly the same terms and conditions. 31
(g) Where the owner and a person seeking access cannot agree on 32
terms and conditions for access to the service; they should be 33
94
Transport Infrastructure Amendment (Rail)
required to appoint and fund an independent body to resolve the 1
dispute, if they have not already done so. 2
(h) The decision of the dispute resolution body should bind the 3
parties; however, rights of appeal under existing legislative 4
provisions should be preserved. 5
(i) In deciding on the terms and conditions for access, the dispute 6
resolution body should take into account: 7
(i) the owner's legitimate business interests and investment in 8
the facility; 9
(ii) the costs to the owner of providing access, including any 10
costs of extending the facility but not costs associated with 11
losses arising from increased competition in upstream or 12
downstream markets; 13
(iii) the economic value to the owner of any additional 14
investment that the person seeking access or the owner has 15
agreed to undertake; 16
(iv) the interests of all persons holding contracts for use of the 17
facility; 18
(v) firm and binding contractual obligations of the owner or 19
other persons (or both) already using the facility; 20
(vi) the operational and technical requirements for the safe and 21
reliable operation of the facility; 22
(vii) the economically efficient operation of the facility; and 23
(viii)the benefit to the public from having competitive markets. 24
(j) The owner may be required to extend, or to permit extension of, 25
the facility that is used to provide a service if necessary but this 26
would be subject to: 27
(i) such extension being technically and economically feasible 28
and consistent with the safe and reliable operation of the 29
facility; 30
(ii) the owner's legitimate business interests in the facility being 31
protected; and 32
95
Transport Infrastructure Amendment (Rail)
(iii) the terms of access for the third party taking into account the 1
costs borne by the parties for the extension and the economic 2
benefits to the parties resulting from the extension. 3
(k) If there has been a material change in circumstances, the parties 4
should be able to apply for a revocation or modification of the 5
access arrangement which was made at the conclusion of the 6
dispute resolution process. 7
(l) The dispute resolution body should only impede the existing right 8
of a person to use a facility where the dispute resolution body has 9
considered whether there is a case for compensation of that 10
person and, if appropriate, determined such compensation. 11
(m) The owner or user of a service shall not engage in conduct for the 12
purpose of hindering access to that service by another person. 13
(n) Separate accounting arrangements should be required for the 14
elements of a business which are covered by the access regime. 15
(o) The dispute resolution body, or relevant authority where provided 16
for under specific legislation, should have access to financial 17
statements and other accounting information pertaining to a 18
service. 19
(p) Where more than one State or Territory access regime applies to a 20
service, those regimes should be consistent and, by means of 21
vested jurisdiction or other cooperative legislative scheme, 22
provide for a single process for persons to seek access to the 23
service, a single body to resolve disputes about any aspect of 24
access and a single forum for enforcement of access 25
arrangements. 26
27
© State of Queensland 1995
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