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Queensland
TRANSPORT
INFRASTRUCTURE BILL
1993
Queensland
TRANSPORT INFRASTRUCTURE BILL
1993
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Objectives of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 State/Commonwealth agreements or arrangements . . . . . . . . . . . . . . . . . . . 10
CHAPTER 2--TRANSPORT INFRASTRUCTURE STRATEGIES
6 Development of transport infrastructure strategies . . . . . . . . . . . . . . . . . . . . 11
7 Contents of transport infrastructure strategies . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Tabling of transport infrastructure strategies . . . . . . . . . . . . . . . . . . . . . . . . . 12
CHAPTER 3--OBLIGATIONS ABOUT TRANSPORT
INFRASTRUCTURE
9 Objective of Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Obligations about government supported transport infrastructure . . . . . . . . 12
11 Report on giving effect to s.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CHAPTER 4--IMPLEMENTATION OF TRANSPORT
INFRASTRUCTURE STRATEGIES
PART 1--ROADS IMPLEMENTATION PROGRAMS
12 Development of roads implementation programs . . . . . . . . . . . . . . . . . . . . . 13
13 Consistency with transport infrastructure strategies . . . . . . . . . . . . . . . . . . . 14
14 Report on operation of roads implementation programs . . . . . . . . . . . . . . . . 14
2
Transport Infrastructure
PART 2--IMPLEMENTATION PROGRAMS FOR
MISCELLANEOUS TRANSPORT INFRASTRUCTURE
15 Development of implementation programs for miscellaneous
transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Consistency with transport infrastructure strategies . . . . . . . . . . . . . . . . . . . 16
17 Report on operation of implementation programs for
miscellaneous transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--TRANSPORT GOCS
18 Transport GOCs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
CHAPTER 5--ROAD TRANSPORT INFRASTRUCTURE
PART 1--PRELIMINARY
19 Scope of Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 2--STATECONTROLLED ROADS
Division 1--Declaration of State-controlled roads
21 Declaration of State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22 Consultation before declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Motorways
23 Declaration of motorways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--Chief executive to have powers of a local government
24 Chief executive to have power of a local government for
State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--CONSTRUCTION, MAINTENANCE AND OPERATION
25 Powers of chief executive for road works contracts etc. . . . . . . . . . . . . . . . . 23
26 Obligations in carrying out of works or operation of roads by the
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Contracts to encourage efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
28 Cost sharing arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Prohibition on road works etc. on State-controlled roads . . . . . . . . . . . . . . . 25
30 Offender to pay cost of remedying unauthorised works . . . . . . . . . . . . . . . . 26
31 Temporary occupation and use of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Notice of entry or permission to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Compensation for physical damage from entry etc. . . . . . . . . . . . . . . . . . . . 27
34 Fencing State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Transport Infrastructure
35 Watercourses and road works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 4--RELATIONSHIP WITH LOCAL GOVERNMENTS
36 Funds for works on, or operation of, local government roads etc. . . . . . . . . 28
37 Improvement of State-controlled road as an economic alternative
to improvement of the local road network . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Impact of certain local government decisions on State-controlled roads . . 29
39 Distraction of traffic on motorways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Effect of decisions of Planning and Environment Court . . . . . . . . . . . . . . . . 32
41 Management of particular functions on State-controlled roads by
local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 5--MANAGEMENT OF STATECONTROLLED ROADS
Division 1--Prevention of damage and ensuring safety
42 Temporary restrictions on use of State-controlled roads . . . . . . . . . . . . . . . . 34
43 Removal of materials etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 Recovery of cost of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Ancillary works and encroachments and roadside
facilities
Subdivision 1--General rules for ancillary works and
encroachments
45 Ancillary works and encroachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Alteration etc. of ancillary works and encroachments . . . . . . . . . . . . . . . . . 37
Subdivision 2--Special arrangements for means of access
47 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Access-limited roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Management of access between individual properties and
State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Offence for obtaining access contrary to Subdivision or breaching
condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Chief executive may take steps to enforce a decision under this
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Chief executive may supply or contribute to new access arrangements . . . 41
53 Compensation where access prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Cases where compensation not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 3--Roadside facilities
55 Roadside facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Transport Infrastructure
Division 3--Public utility plant on State-controlled roads
56 Location and requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
57 Specification of chief executive's requirements about public
utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
58 Information by owner of public utility plant to chief executive . . . . . . . . . . 43
59 Liability for damage or expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Chief executive and owner of public utility plant may share costs . . . . . . . 45
61 Division not to apply to public utility plant constructed under the
Electricity Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CHAPTER 6--GENERAL PROVISIONS
62 Recovery of amounts payable to the chief executive . . . . . . . . . . . . . . . . . . 46
63 Power to require information from local governments . . . . . . . . . . . . . . . . . 46
64 Conduct of company directors, employees or agents . . . . . . . . . . . . . . . . . . 46
65 Disposal of fees, penalties etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
66 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
67 Time for making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
68 Procedure of Planning and Environment Court . . . . . . . . . . . . . . . . . . . . . . . 48
69 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
CHAPTER 7--SAVINGS AND TRANSITIONAL PROVISIONS
AND AMENDMENTS OF OTHER ACTS
PART 1--SAVINGS AND TRANSITIONAL PROVISIONS
70 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
72 Access to and from State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . 50
73 Motorways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
74 Notices to local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75 Arrangements with local governments and others . . . . . . . . . . . . . . . . . . . . . 51
76 Naturally occurring materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 Approvals and determinations under s.3.6 of the Transport
Infrastructure (Roads) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
78 Works by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 Construction and maintenance by others . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
80 Works joining State-controlled roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
81 Temporary occupation and use of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5
Transport Infrastructure
82 Ancillary works and encroachments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
83 Things done where chief executive now has power . . . . . . . . . . . . . . . . . . . 53
84 Continuation of contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
85 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Property vested in the Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87 Land acquisitions and related transactions . . . . . . . . . . . . . . . . . . . . . . . . . . 55
88 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 Preparation of first implementation programs . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 2--AMENDMENTS OF OTHER ACTS
90 Amendments of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 56
SUBJECT MATTER FOR REGULATIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 57
APPEALS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 59
AMENDMENTS OF OTHER ACTS
HARBOURS ACT 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
STATE TRANSPORT (PEOPLEMOVERS) ACT 1989 . . . . . . . . . . . . . . 59
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 . . . . . . . . . . . . . 60
URBAN PUBLIC PASSENGER TRANSPORT ACT 1984 . . . . . . . . . . . . 61
1993
A BILL
FOR
An Act about transport infrastructure
8
Transport Infrastructure
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
title 3
Short
Clause1. This Act may be cited as the Transport Infrastructure Act 1993. 4
5
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 6
of this Act 7
Objectives
The overall objective of this Act is, consistent with the 8
Clause3.(1)
objectives of the Transport Planning and Coordination Act 1993, to 9
provide a regime that allows for and encourages effective integrated 10
planning and efficient management of a system of transport infrastructure. 11
(2) In particular, the objectives of this Act are-- 12
(a) to allow the Government to have a strategic overview of the 13
provision and operation of all transport infrastructure; and 14
(b) for roads--to establish a regime under which-- 15
(i) a system of roads of national and State significance can be 16
effectively planned and efficiently managed; and 17
(ii) influence can be exercised over the total road network in a 18
way that contributes to overall transport efficiency; and 19
(iii) account is taken of the need to provide adequate levels of 20
safety, and community access to the road network; and 21
(c) for miscellaneous transport infrastructure--to establish a regime 22
for the effective planning and efficient management of the 23
infrastructure; and 24
(d) for rail--to establish a regime under which a rail system is 25
9
Transport Infrastructure
provided and can be managed within an overall strategic 1
framework by Queensland Railways as a GOC in accordance 2
with the principles specified in the Government Owned 3
Corporations Act 1993; and 4
(e) for ports--to establish a regime under which a ports system is 5
provided and can be managed within an overall strategic 6
framework by GOCs in accordance with the principles specified 7
in the Government Owned Corporations Act 1993. 8
9
Definitions
In this Act-- 10
Clause4.(1)
"chief executive" means the chief executive of the department; 11
"Coordination Plan" means the Transport Coordination Plan developed 12
under the Transport Planning and Coordination Act 1993; 13
"GOC" has the same meaning as in the Government Owned Corporations 14
Act 1993, and includes a candidate GOC within the meaning of that 15
Act; 16
"government supported transport infrastructure" means transport 17
infrastructure that-- 18
(a) is funded, wholly or partly, by appropriations from the 19
Consolidated Fund; or 20
(b) is funded, wholly or partly, by borrowings made by the 21
Government (other than commercial borrowings made by the 22
Queensland Treasury Corporation acting as an agent); or 23
(c) is funded, wholly or partly, by borrowings guaranteed by the 24
Government other than borrowings for commercial investments; 25
or 26
(d) is provided by a person on the basis of conditions agreed to by 27
the Government that are intended to support the commercial 28
viability of the infrastructure; 29
"miscellaneous transport infrastructure" means transport infrastructure 30
for which the chief executive is wholly or partly responsible and that is 31
not road transport infrastructure, rail transport infrastructure or port 32
10
Transport Infrastructure
infrastructure; 1
"port authority" means a Harbours Board for the purposes of the 2
Harbours Act 1955, other than the Harbours Corporation of 3
Queensland; 4
"port infrastructure" includes transport infrastructure relating to ports; 5
"rail transport infrastructure" includes transport infrastructure relating to 6
railways; 7
"road transport infrastructure" includes transport infrastructure relating 8
to roads; 9
"State-controlled road" means a road or land, or a part of a road or land, 10
declared under section 21 (Declaration of State-controlled roads) to be 11
a State-controlled road; 12
"transport infrastructure" includes road, rail, port and miscellaneous 13
transport infrastructure. 14
(2) Additional definitions are located in the following provisions-- 15
(a) for Chapter 5 (Road transport infrastructure)-- 16
(i) Part 1--section 20; 17
(ii) Part 4--sections 38(11) and 39(9); 18
(iii) Part 5, Division 2, Subdivision 2--section 47; 19
(b) for Chapter 6 (General provisions)--section 64; 20
(c) for Chapter 7 (Savings and transitional provisions and 21
amendments of other Acts), Part 1--section 70. 22
agreements or arrangements 23
State/Commonwealth
Clause5. The powers and discretions conferred by this Act may be exercised 24
in accordance with an agreement or arrangement between the State and the 25
Commonwealth about the funding of transport infrastructure. 26
11
Transport Infrastructure
CHAPTER 2--TRANSPORT INFRASTRUCTURE 1
STRATEGIES 2
of transport infrastructure strategies 3
Development
The chief executive must, from time to time, develop for the 4
Clause6.(1)
Minister's approval transport infrastructure strategies that are designed to 5
give effect to the Coordination Plan in relation to transport infrastructure in 6
accordance with the objectives of this Act. 7
(2) In developing transport infrastructure strategies, the chief executive 8
must take reasonable steps to engage in public consultation. 9
(3) The Minister may, at any time, direct the chief executive to prepare 10
new transport infrastructure strategies for the Minister's approval or to 11
amend transport infrastructure strategies in the way the Minister directs. 12
(4) The Minister may approve transport infrastructure strategies that are 13
submitted for approval or require the chief executive to amend the strategies 14
in the way the Minister directs. 15
of transport infrastructure strategies 16
Contents
Clause7.(1) Transport infrastructure strategies must include-- 17
(a) a statement of the specific objectives sought to be achieved; and 18
(b) proposals for the provision of transport infrastructure; and 19
(c) investment criteria for deciding priorities for government 20
supported transport infrastructure between and within the 21
different transport modes and options for financing the priorities; 22
and 23
(d) criteria for deciding which roads should be controlled by the chief 24
executive as State-controlled roads; and 25
(e) appropriate performance indicators for deciding whether, and to 26
what extent, the objectives of the strategies have been achieved. 27
(2) Transport infrastructure strategies must aim to provide an adequate 28
framework for coordinating and integrating the provision of transport 29
infrastructure as between the different transport modes. 30
12
Transport Infrastructure
(3) Transport infrastructure strategies must take account of agreements or 1
arrangements between the State and the Commonwealth about the funding 2
of transport infrastructure. 3
of transport infrastructure strategies 4
Tabling
The Minister must cause transport infrastructure strategies, and 5
Clause8.
each amendment of transport infrastructure strategies, approved by the 6
Minister to be tabled in the Legislative Assembly. 7
HAPTER 3--OBLIGATIONS ABOUT 8
C
TRANSPORT INFRASTRUCTURE 9
of Chapter 10
Objective
Clause9. In giving effect to the objective of this Act, this Chapter is intended 11
to ensure value for money for resources applied to the construction, 12
maintenance and operation of transport infrastructure. 13
about government supported transport infrastructure 14
Obligations
The chief executive, the Queensland Railways Board and the 15
Clause10.
board of each port authority must ensure that-- 16
(a) the construction, maintenance and operation of all government 17
supported transport infrastructure for which the entity is 18
responsible is carried out in accordance with standards published 19
by the entity that are designed to achieve-- 20
(i) efficiency; and 21
(ii) affordable quality; and 22
(iii) cost effectiveness; and 23
(b) construction, maintenance or operation is carried out in a way 24
that-- 25
(i) takes into account national and international benchmarks and 26
13
Transport Infrastructure
international best practice; and 1
(ii) promotes, within overall transport objectives, the safe 2
transport of persons and goods; and 3
(iii) encourages efficient and competitive behaviour in the 4
construction and maintenance of transport infrastructure; and 5
(c) contracts that are let for the construction, maintenance or 6
operation of transport infrastructure are designed in a way that 7
encourages efficient performance by the contractor. 8
on giving effect to s.10 9
Report
Each annual report of the department, Queensland Railways and 10
Clause11.
each port authority must include a report on the way in which effect has 11
been given to section 10 (Obligations about government supported transport 12
infrastructure) during the year to which the report relates. 13
CHAPTER 4--IMPLEMENTATION OF 14
TRANSPORT INFRASTRUCTURE STRATEGIES 15
ART 1--ROADS IMPLEMENTATION PROGRAMS 16
P
of roads implementation programs 17
Development
Clause12.(1) The chief executive must, each year, develop for the Minister's 18
approval roads implementation programs for the year and for 1 or more 19
later years. 20
(2) Roads implementation programs must include-- 21
(a) a program of projects, and policies and financial provisions, for 22
implementing the transport infrastructure strategies in relation to 23
road transport infrastructure, including roads that are not 24
State-controlled roads; and 25
(b) performance targets for road transport infrastructure. 26
14
Transport Infrastructure
(3) Roads implementation programs may include proposals to spend 1
amounts on transport infrastructure other than road transport infrastructure 2
if the spending would contribute to intermodal effectiveness and efficiency. 3
(4) In developing roads implementation programs, the chief executive 4
must take reasonable steps to consult with local governments that, in the 5
opinion of the chief executive, would be affected by the programs. 6
(5) Roads implementation programs are to be made publicly available in 7
the way decided by the Minister. 8
(6) The Minister may at any time direct the chief executive to amend 9
roads implementation programs. 10
(7) The Minister may approve roads implementation programs that are 11
submitted for approval or require the chief executive to amend the programs 12
in the way the Minister directs. 13
with transport infrastructure strategies 14
Consistency
Subject to directions of the Minister, roads implementation 15
Clause13.(1)
programs must be consistent with transport infrastructure strategies. 16
(2) If the Minister gives a direction under this section that results in roads 17
implementation programs being inconsistent with transport infrastructure 18
strategies, the Minister must cause a copy of the direction to be tabled in the 19
Legislative Assembly within 5 sitting days after it is given. 20
on operation of roads implementation programs 21
Report
Clause14. Each annual report of the department must include a report on the 22
operation of the roads implementation programs during the year to which 23
the annual report relates. 24
15
Transport Infrastructure
ART 2--IMPLEMENTATION PROGRAMS FOR 1
P
MISCELLANEOUS TRANSPORT INFRASTRUCTURE 2
of implementation programs for miscellaneous transport 3
Development
infrastructure 4
Clause15.(1) The chief executive must, each year, develop for the Minister's 5
approval implementation programs for miscellaneous transport 6
infrastructure for the year and for 1 or more later years. 7
(2) Implementation programs for miscellaneous transport infrastructure 8
must include-- 9
(a) a program of projects, and policies and budgets, for 10
implementing the transport infrastructure strategies about the 11
miscellaneous transport infrastructure covered by the programs; 12
and 13
(b) performance targets for that miscellaneous transport 14
infrastructure. 15
(3) Implementation programs for miscellaneous transport infrastructure 16
may include proposals to spend amounts on transport infrastructure other 17
than miscellaneous transport infrastructure if the spending would contribute 18
to intermodal effectiveness and efficiency. 19
(4) In developing implementation programs for miscellaneous transport 20
infrastructure, the chief executive must take reasonable steps to consult with 21
local governments that, in the opinion of the chief executive, would be 22
affected by the programs. 23
(5) Implementation programs for miscellaneous transport infrastructure 24
are to be made publicly available in the way decided by the Minister. 25
(6) The Minister may at any time direct the chief executive to amend 26
implementation programs for miscellaneous transport infrastructure. 27
(7) The Minister may approve implementation programs for 28
miscellaneous transport infrastructure that are submitted for approval or 29
require the chief executive to amend the programs in the way the Minister 30
directs. 31
16
Transport Infrastructure
with transport infrastructure strategies 1
Consistency
Clause16.(1) Subject to directions of the Minister, implementation programs 2
for miscellaneous transport infrastructure must be consistent with transport 3
infrastructure strategies. 4
(2) If the Minister gives a direction under this section that results in 5
implementation programs for miscellaneous transport infrastructure being 6
inconsistent with transport infrastructure strategies, the Minister must cause 7
a copy of the direction to be tabled in the Legislative Assembly within 8
5 sitting days after it is given. 9
on operation of implementation programs for miscellaneous 10
Report
transport infrastructure 11
Clause17. Each annual report of the department must include a report on the 12
operation of the implementation programs for miscellaneous transport 13
infrastructure during the year to which the annual report relates. 14
ART 3--TRANSPORT GOCS 15
P
ransport GOCs 16
T
Clause18.(1) In preparing a corporate plan or a statement of corporate intent, 17
Queensland Railways and each port authority must take into account the 18
transport infrastructure strategies. 19
(2) Queensland Railways or a port authority may spend amounts on 20
transport infrastructure other than rail transport infrastructure or port 21
infrastructure if the spending would contribute to effectiveness and 22
efficiency. 23
17
Transport Infrastructure
CHAPTER 5--ROAD TRANSPORT 1
INFRASTRUCTURE 2
PART 1--PRELIMINARY 3
of Chapter 4
Scope
To give effect to the objectives of this Act in relation to road 5
Clause19.(1)
transport infrastructure, the chief executive has, subject to the Minister and 6
as required by this Chapter-- 7
(a) the function of influencing the total road network; and 8
(b) control over roads of State significance in the total road network, 9
including roads of national significance that are managed in 10
accordance with agreements or arrangements between the State 11
and the Commonwealth about the funding of road transport 12
infrastructure. 13
(2) This Chapter establishes a framework under which the construction, 14
maintenance or operation of a State-controlled road can be done by the chief 15
executive, or by a local government or someone else under agreements or 16
arrangements with the chief executive. 17
18
Definitions
Clause20.(1) In this Chapter-- 19
"ancillary works and encroachments" means-- 20
(a) the following things-- 21
(i) cane railways, tramways or monorails; 22
(ii) bridges, overhead conveyors or other overhead structures; 23
(iii) tunnels; 24
(iv) rest area facilities; 25
(v) monuments or statues; 26
(vi) advertising signs or other advertising devices; 27
18
Transport Infrastructure
(vii) traffic and service signs; 1
(viii)bores, wells, pumps, windmills, pipes, channels, culverts, 2
viaducts, tanks or dams; 3
(ix) cables; 4
(x) means of access; 5
(xi) paths or bikeways; 6
(xii) grids or other stock facilities; 7
(xiii)buildings, shelters, awnings or mail boxes; 8
(xiv) poles, lighting, gates or fences; or 9
(b) any of the following activities-- 10
(i) drilling; 11
(ii) clearing; 12
(iii) trimming; 13
(iv) slashing; 14
(v) landscaping; 15
(vi) planting; 16
(vii) burning off; 17
(viii)removing trees; 18
(ix) road safety related activities; 19
(x) sporting activities; 20
(xi) camping; 21
(xii) conducting a business (for example, a market); 22
(xiii)movement of stock, other than under the Rural Lands 23
Protection Act 1985; 24
(xiv)holding meetings; or 25
(c) other encroachments declared by regulation to be ancillary works 26
and encroachments; 27
but does not include public utility plant; 28
19
Transport Infrastructure
"construction", in relation to road transport infrastructure, includes-- 1
(a) initial construction; and 2
(b) improvement of the standard; and 3
(c) realignment; and 4
(d) widening; 5
that involves the development of road transport infrastructure; 6
"land" includes-- 7
(a) an interest in land; and 8
(b) land within the beds and banks of a stream, watercourse or 9
inundated land; and 10
(c) land beneath the internal waters of Queensland; 11
"local government road" means a road that is under the control of a local 12
government; 13
"maintenance" includes-- 14
(a) rehabilitation; and 15
(b) replacement; and 16
(c) repair; and 17
(d) recurrent servicing; and 18
(e) preventive and remedial action; and 19
(f) removal; and 20
(g) alteration; and 21
(h) maintaining systems and services for transport infrastructure; 22
"means of access" means the physical means of entry or exit for traffic 23
between land and a road; 24
"motorway" means a State-controlled road that is declared to be a 25
motorway under section 23 (Declaration of motorways); 26
"occupier" of land means the person in actual occupation of the land or, if 27
there is no person in actual occupation, the person entitled to 28
possession of the land; 29
20
Transport Infrastructure
"on" a road includes within, under and over the road; 1
"owner"of land means-- 2
(a) the registered proprietor of the land; or 3
(b) the lessee or licensee from the State of the land; or 4
(c) the person who has lawful control of the land, on trust or 5
otherwise; or 6
(d) the person who is entitled to receive the rents and profits of the 7
land; 8
"person" includes a partnership or other association or body, whether 9
incorporated or unincorporated; 10
"plant" includes any of the following things-- 11
(a) a railway, monorail and tramway; 12
(b) viaduct and aqueduct; 13
(c) conduit and cable; 14
(d) overhead conveyor; 15
(e) pipeline; 16
(f) pole; 17
(g) electrical installation within the meaning of the Electricity Act 18
1976; 19
(h) telecommunications plant; 20
(i) water channel; 21
"public utility plant" means plant that is permitted under another Act or a 22
Commonwealth Act to be on a road; 23
"road" means-- 24
(a) an area of land dedicated to public use as a road; or 25
(b) an area that is open to or used by the public and is developed for, 26
or has as 1 of its main uses, the driving or riding of motor 27
vehicles; or 28
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 29
21
Transport Infrastructure
(d) a pedestrian or bicycle path; or 1
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or 2
path mentioned in paragraphs (a) to (d); 3
"road works" means works done for-- 4
(a) constructing roads or things associated with roads; or 5
(b) the maintenance of roads or of things associated with roads (other 6
than public utility plant); or 7
(c) facilitating the operation of road transport infrastructure; 8
and includes works declared by the regulations to be road works; 9
"State government body" means-- 10
(a) a department or a division, branch or other part of a department; 11
or 12
(b) a State instrumentality, agency, authority or entity or a division, 13
branch or other part of a State instrumentality, agency, authority 14
or entity; or 15
(c) a GOC; 16
but does not include a local government; 17
"traffic" includes the passing back and forth of persons, vehicles and 18
animals. 19
(2) Additional definitions for Subdivision 2 of Division 2 of Part 5 are 20
located in section 47 (Definitions). 21
ART 2--STATECONTROLLED ROADS 22
P
1--Declaration of State-controlled roads 23
Division
of State-controlled roads 24
Declaration
The Minister may, by Gazette notice, declare a road or route, 25
Clause21.(1)
or part of a road or route, to be a State-controlled road. 26
22
Transport Infrastructure
(2) A declaration must be consistent with criteria about the declaration of 1
State-controlled roads in the transport infrastructure strategies. 2
(3) A declaration must enable the location of the road to be identified. 3
(4) The location may be identified by specifying-- 4
(a) the starting and ending points of the road; and 5
(b) the alignment of the road; and 6
(c) the width of the road by reference to the constructed centre line of 7
the road pavement or surface. 8
(5) Unless otherwise specified in a declaration, the width of a 9
State-controlled road through a State reserve, State forest, timber reserve, 10
vacant State land or pastoral holding is 30 m each side of the centre line of 11
the trafficked route. 12
before declaration 13
Consultation
Before making or revoking a declaration under section 21 14
Clause22.
(Declaration of State-controlled roads), the Minister must-- 15
(a) notify each local government that would, in the Minister's 16
opinion, be affected by the proposed declaration or revocation; 17
and 18
(b) give the local governments a reasonable opportunity to make 19
submissions to the Minister on the proposed declaration or 20
revocation. 21
Division 2--Motorways 22
of motorways 23
Declaration
Clause23.(1) The Minister may, by Gazette notice, declare that the whole or 24
a part of a State-controlled road is a motorway. 25
(2) A declaration must enable the location of the motorway to be 26
identified. 27
(3) Before making or revoking a declaration, the Minister must-- 28
23
Transport Infrastructure
(a) notify each local government that would, in the Minister's 1
opinion, be affected by the proposed declaration or revocation; 2
and 3
(b) give the local governments a reasonable opportunity to make 4
submissions to the Minister on the proposed declaration or 5
revocation. 6
3--Chief executive to have powers of a local government 7
Division
executive to have power of a local government for 8
Chief
State-controlled roads 9
The chief executive may exercise, for a State-controlled road in 10
Clause24.
the area of a local government, all of the powers that the local government 11
may exercise for a local government road in the area. 12
ART 3--CONSTRUCTION, MAINTENANCE AND 13
P
OPERATION 14
of chief executive for road works contracts etc. 15
Powers
Clause25.(1) The chief executive may, in accordance with the relevant roads 16
implementation program, carry out, or enter into contracts for the State with 17
other persons (including local governments, State government bodies and 18
agencies of the Government of some other State or of a Territory) for the 19
carrying out of-- 20
(a) road works on a State-controlled road or on land that is intended 21
to become a State-controlled road; or 22
(b) other works that contribute to the effectiveness and efficiency of 23
the road network; or 24
(c) the operation of a State-controlled road. 25
(2) The chief executive may, for the State, carry out road works on a 26
local government road in accordance with an agreement between the chief 27
24
Transport Infrastructure
executive and the local government. 1
(3) The chief executive may, for the State, enter into contracts with other 2
persons for road works to be carried out outside the State by the chief 3
executive, a local government, a State government body or a contractor to 4
the chief executive in accordance with an agreement between the State and 5
the other State or Territory concerned. 6
(4) A contract with a local government under this section about the 7
maintenance and operation of a State-controlled road may include 8
arrangements about which powers of the local government are to be 9
exercised by the chief executive and which of the powers are to be exercised 10
by the local government for the State-controlled road. 11
(5) A local government may enter into a contract mentioned in 12
subsection (1) even though the contract relates to works or operation outside 13
the local government's area. 14
(6) The chief executive may, for the State, carry out, or enter into 15
contracts for, works on or adjacent to a State-controlled road at the request 16
of the owner of adjacent land on the basis that the owner provides 17
consideration, whether monetary or otherwise, as agreed between the chief 18
executive and the owner. 19
(7) This section does not prevent the chief executive carrying out, or 20
entering into contracts for the carrying out, of road works of a minor or 21
emergency nature. 22
in carrying out of works or operation of roads by the 23
Obligations
chief executive 24
In carrying out works, or the operation of roads, mentioned in 25
Clause26.
section 25 (Powers of chief executive for road works contracts etc.), the 26
chief executive must ensure that the carrying out is done on a price 27
competitive basis. 28
to encourage efficiency 29
Contracts
In entering into contracts of the kind mentioned in section 25 30
Clause27.(1)
(Powers of chief executive for road works contracts etc.), the chief 31
executive must ensure that open competition is encouraged. 32
25
Transport Infrastructure
(2) Subsection (1) does not apply to a contract with a person if the person 1
is the sole invitee and enters into a price performance contract with the chief 2
executive. 3
sharing arrangements 4
Cost
Clause28. The chief executive may arrange with another person (including a 5
local government and a State government body) for the sharing by the chief 6
executive with the other person of the cost of-- 7
(a) acquisition of land for transport infrastructure; or 8
(b) road works on a State-controlled road; or 9
(c) other works that contribute to the effectiveness and efficiency of 10
the road network; or 11
(d) the operation of a State-controlled road; 12
including all necessary preliminary costs associated with the acquisition, 13
works or operation. 14
on road works etc. on State-controlled roads 15
Prohibition
A person must not, without lawful excuse or the written 16
Clause29.(1)
approval of the chief executive-- 17
(a) carry out road works on a State-controlled road; or 18
(b) interfere with a State-controlled road or its operation. 19
Maximum penalty--40 penalty units. 20
(2) An approval may be subject to conditions decided by the chief 21
executive. 22
(3) A person must not contravene a condition that applies to the person 23
under subsection (2). 24
Maximum penalty--40 penalty units. 25
(4) Subsection (1) does not apply to a person who carries out 26
maintenance of ancillary works and encroachments or landscaping that does 27
not interfere with a State-controlled road or its operation. 28
26
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to pay cost of remedying unauthorised works 1
Offender
If a person carries out works contrary to section 29(1) 2
Clause30.(1)
(Prohibition on road works etc. on State-controlled roads), the chief 3
executive may-- 4
(a) dismantle or alter the works; or 5
(b) remedy damage caused by the works. 6
(2) If the chief executive causes the works to be dismantled or altered or 7
the damage to be remedied under subsection (1), the person is liable to pay 8
to the chief executive the costs incurred by the chief executive. 9
occupation and use of land 10
Temporary
To carry out road works, the chief executive may temporarily 11
Clause31.
occupy and use land, including roads, and do anything on the land that is 12
necessary or convenient to be done. 13
of entry or permission to enter 14
Notice
The person who is proposing to occupy or use land under 15
Clause32.(1)
section 31 (Temporary occupation and use of land) must-- 16
(a) give at least 3 days' written notice to the owner or occupier of the 17
land; or 18
(b) obtain the written approval of the owner or occupier to the 19
occupation or use. 20
(2) The notice must state-- 21
(a) the road works to be carried out; and 22
(b) the use proposed to be made of the land; and 23
(c) details of the things proposed to be done on the land; and 24
(d) an approximate period when the occupation or use is expected to 25
continue. 26
(3) A notice may be given under subsection (1) in relation to land even if 27
it is proposed to resume the land for road works. 28
(4) After the end of 3 days after service of a notice under subsection (1), 29
27
Transport Infrastructure
or with the agreement of the owner or occupier, the land may be entered and 1
the road works specified in the notice carried out. 2
(5) If urgent remedial attention is required, subsection (1) does not apply 3
but the person who is proposing to occupy or use the land must, if it is 4
practicable, notify the owner or occupier of the land orally. 5
for physical damage from entry etc. 6
Compensation
An owner of land that is entered, occupied or used under 7
Clause33.(1)
section 31 (Temporary occupation and use of land) may give a written 8
notice to the chief executive claiming compensation for physical damage 9
caused by the entry, occupation or use or for the taking or consumption of 10
materials. 11
(2) Compensation is not payable unless a claim is received by the chief 12
executive within 1 year after occupation or use has ended. 13
(3) However, the chief executive may allow a claim to be made at a later 14
time. 15
(4) Compensation awarded under this section must not be more than the 16
compensation that would have been awarded if the land had been acquired. 17
State-controlled roads 18
Fencing
The chief executive does not have to contribute to the fencing 19
Clause34.(1)
of the whole or a part of the boundary between land and-- 20
(a) an existing State-controlled road; or 21
(b) a road or land that is intended to become a State-controlled road; 22
or 23
(c) a widening or deviation of a State-controlled road involving the 24
acquisition of land. 25
(2) However, subsection (1)(b) does not apply to an existing road if the 26
land is substantially fenced and the presence of the road will make the 27
fencing ineffective. 28
(3) Subsection (1)(c) does not apply if the previous boundary of the road 29
was substantially fenced. 30
28
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and road works 1
Watercourses
Clause35.(1) To carry out road works, the chief executive may-- 2
(a) divert a watercourse; or 3
(b) construct a watercourse, whether temporary or permanent. 4
(2) In taking action under subsection (1), the chief executive must 5
consider the effect that the action will have on the physical integrity and 6
flow characteristics of the watercourse. 7
(3) The chief executive may enter and occupy private land under 8
section 31 (Temporary occupation and use of land) and carry out works that 9
the chief executive considers necessary or desirable to enable a watercourse 10
to operate effectively and efficiently. 11
ART 4--RELATIONSHIP WITH LOCAL 12
P
GOVERNMENTS 13
for works on, or operation of, local government roads etc. 14
Funds
The chief executive may enter into an agreement with a local 15
Clause36.(1)
government under which the chief executive supplies funds to the local 16
government for road works on a local government road, for other works 17
that contribute to the effectiveness and efficiency of the road network or for 18
the operation of a local government road. 19
(2) The agreement-- 20
(a) must provide for the works or operation to be carried out in 21
accordance with an agreement between the chief executive and the 22
local government that is designed to ensure value for money in 23
the application of the funds; and 24
(b) may be subject to other conditions. 25
29
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of State-controlled road as an economic alternative to 1
Improvement
improvement of the local road network 2
If a local government concludes that improvements to a 3
Clause37.
State-controlled road in its area would be beneficial to the local road 4
network, the local government may make financial arrangements with the 5
chief executive for the improvements to be made. 6
of certain local government decisions on State-controlled roads 7
Impact
A local government must obtain the chief executive's written 8
Clause38.(1)
approval if-- 9
(a) it intends to-- 10
(i) approve a subdivision, rezoning or development of land; or 11
(ii) carry out road works on a local government road or make 12
changes to the management of a local government road; and 13
(b) the approval, works or changes would-- 14
(i) require the carrying out of road works on a State-controlled 15
road; or 16
(ii) otherwise have a significant adverse impact on a 17
State-controlled road; or 18
(iii) have a significant impact on the planning of a 19
State-controlled road or a future State-controlled road. 20
(2) The chief executive may make guidelines to which local governments 21
must have regard in deciding whether an approval of the chief executive 22
under subsection (1) is required. 23
(3) An approval by the chief executive under subsection (1) may be 24
subject to conditions, including a condition that consideration, whether 25
monetary or otherwise, be given in compensation for the impact that the 26
subdivision, rezoning, development, road works or changes will have. 27
(4) Subsection (1) does not apply if the conditions applied and enforced 28
by the local government for the subdivision, rezoning, development, road 29
works or changes comply with permission criteria fixed by the chief 30
executive. 31
(5) The permission criteria may include conditions, including a condition 32
30
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that consideration, whether monetary or otherwise, be given in 1
compensation for the impact that the subdivision, rezoning, development, 2
road works or changes will have. 3
(6) A local government must comply with conditions that apply to it 4
under this section. 5
(7) A failure by a local government to obtain an approval under 6
subsection (1) in relation to the approval of a subdivision, rezoning or 7
development of land does not invalidate the approval by the local 8
government. 9
(8) If a local government contravenes subsection (1) or a condition that 10
applies to it under this section, the local government is liable to compensate 11
the chief executive for the cost of road works to State-controlled roads that 12
are reasonably required because of the contravention. 13
(9) An approval by the chief executive under subsection (1) must be 14
given-- 15
(a) within 21 days after receiving the application for approval; or 16
(b) within a longer period notified to the local government by the 17
chief executive within the 21 day period. 18
(10) If-- 19
(a) a local government applies for an approval under subsection (1); 20
and 21
(b) the chief executive does not respond to the application within 22
21 days after receiving the application; 23
the chief executive is taken to have given approval at the end of the 21 days. 24
(11) In this section-- 25
"future State-controlled road" means a road or land that the chief 26
executive has notified the local government in writing is intended to 27
become a State-controlled road. 28
(12) The chief executive must cause a copy of each notice under 29
subsection (11) to be published in the Gazette. 30
31
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of traffic on motorways 1
Distraction
A local government must obtain the chief executive's written 2
Clause39.(1)
approval if it intends to approve the erection, alteration or operation of an 3
advertising sign or other advertising device that would be-- 4
(a) visible from a motorway; and 5
(b) beyond the boundaries of the motorway; and 6
(c) reasonably likely to create a traffic hazard for the motorway. 7
(2) The chief executive may make guidelines to which local governments 8
must have regard in deciding whether an approval of the chief executive 9
under subsection (1) is required for particular motorways. 10
(3) An approval by the chief executive under subsection (1) may be 11
subject to conditions. 12
(4) Subsection (1) does not apply if the conditions applied by the local 13
government to the erection, alteration or operation of the sign or device 14
comply with permission criteria fixed by the chief executive. 15
(5) The permission criteria may include conditions. 16
(6) A local government must comply with conditions that apply to it 17
under this section. 18
(7) An approval by the chief executive under subsection (1) must be 19
given-- 20
(a) within 21 days after receiving the application for approval; or 21
(b) within a longer period notified to the local government by the 22
chief executive within the 21 day period. 23
(8) If-- 24
(a) a local government applies for an approval under subsection (1); 25
and 26
(b) the chief executive does not respond to the application within 27
21 days after receiving the application; 28
the chief executive is taken to have given approval at the end of the 21 days. 29
(9) In this section-- 30
"motorway" includes a road or land that the chief executive has notified the 31
32
Transport Infrastructure
local government in writing is intended to become a motorway. 1
(10) The chief executive must cause a copy of each notice under 2
subsection (9) to be published in the Gazette. 3
of decisions of Planning and Environment Court 4
Effect
If-- 5
Clause40.(1)
(a) an approval under section 38(1) (Impact of certain local 6
government decisions on State-controlled roads) is subject to 7
conditions; and 8
(b) a local government imposes conditions on the subdivision, 9
rezoning, development, road works or changes to which the 10
approval relates; and 11
(c) the Planning and Environment Court amends the conditions 12
mentioned in paragraph (b); 13
then, to the extent to which the amendment relates to the conditions of the 14
approval under section 38(1), the conditions of the approval are taken to be 15
amended accordingly. 16
(2) If-- 17
(a) there are permission criteria relevant to a subdivision, rezoning, 18
development, road works or changes mentioned in section 38; 19
and 20
(b) a local government imposes conditions on the subdivision, 21
rezoning, development, road works or changes; and 22
(c) the Planning and Environment Court amends the conditions 23
mentioned in paragraph (b); 24
then, to the extent to which the amendment relates to the permission criteria, 25
the permission criteria are taken to be amended accordingly in their 26
application to the subdivision, rezoning, development, road works or 27
changes. 28
(3) If-- 29
(a) an approval under section 39(1) (Distraction of traffic on 30
motorways) is subject to conditions; and 31
33
Transport Infrastructure
(b) a local government imposes conditions on the relevant erection, 1
alteration or operation of the sign or other device; and 2
(c) the Planning and Environment Court amends the conditions 3
mentioned in paragraph (b); 4
then, to the extent to which the amendment relates to the conditions of the 5
approval under section 39(1), the conditions of the approval are taken to be 6
amended accordingly. 7
(4) If-- 8
(a) there are permission criteria relevant to the erection, alteration or 9
operation of a sign or other device mentioned in section 39; and 10
(b) a local government imposes conditions on the erection, alteration 11
or operation; and 12
(c) the Planning and Environment Court amends the conditions 13
mentioned in paragraph (b); 14
then, to the extent to which the amendment relates to the permission criteria, 15
the permission criteria are taken to be amended accordingly in their 16
application to the erection, alteration or operation. 17
(5) The Planning and Environment Court is not to amend conditions as 18
mentioned in this section without giving the chief executive a chance to be 19
heard. 20
of particular functions on State-controlled roads by 21
Management
local governments 22
A local government may exercise, for a State-controlled road 23
Clause41.(1)
in its area, all the powers that it may exercise for a local government road in 24
its area. 25
(2) However, if there is a contract of the kind mentioned in section 25(4) 26
(Powers of chief executive for road works contracts etc.) between the chief 27
executive and a local government, the exercise of the powers must be done 28
as required by the contract. 29
(3) If there is no contract of the kind mentioned in section 25(4) between 30
the chief executive and a local government, the chief executive may direct 31
the local government not to exercise any or some of its powers for a 32
34
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State-controlled road specified in the direction. 1
(4) A direction under subsection (3) may be subject to conditions. 2
(5) A local government must comply with directions or conditions under 3
this section. 4
(6) The exercise of a power by a local government under this section is 5
not a contravention of this Act. 6
PART 5--MANAGEMENT OF STATECONTROLLED 7
ROADS 8
1--Prevention of damage and ensuring safety 9
Division
restrictions on use of State-controlled roads 10
Temporary
If the chief executive considers that it is appropriate that a 11
Clause42.(1)
decision be made to prevent damage to road transport infrastructure or to 12
ensure the safety of road users and other persons, the chief executive may 13
make a written decision that-- 14
(a) a State-controlled road is temporarily closed to all traffic or traffic 15
of a particular class; or 16
(b) a State-controlled road may, during a specified limited period, 17
only be used-- 18
(i) at specified times; or 19
(ii) by particular classes of vehicles; or 20
(iii) in accordance with conditions (including restrictions on the 21
weight of loads of vehicles) fixed by the chief executive. 22
(2) A decision under subsection (1) must be advertised by appropriate 23
signs and, if practicable, by notice in a newspaper circulating in the area. 24
(3) Road users must comply with a decision in force under 25
subsection (1). 26
35
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Maximum penalty--40 penalty units. 1
(4) Neither the State nor the chief executive is liable for damage or injury 2
caused directly because of a contravention of a decision in force under 3
subsection (1). 4
of materials etc. 5
Removal
A person must not, without lawful excuse, damage, remove or 6
Clause43.(1)
interfere with naturally occurring materials, stockpiles of materials, 7
watercourses, road works or ancillary works and encroachments on a 8
State-controlled road. 9
Maximum penalty--40 penalty units. 10
(2) A person must not, without lawful excuse, alter or interfere with a 11
watercourse in a way that adversely affects a State-controlled road. 12
Maximum penalty--40 penalty units. 13
(3) A person must not deposit rubbish or abandon goods or materials on 14
a State-controlled road other than at places approved by, and under 15
conditions fixed by, the chief executive. 16
Maximum penalty--40 penalty units. 17
of cost of damage 18
Recovery
If-- 19
Clause44.(1)
(a) a person intentionally, recklessly or negligently causes damage to 20
road works or ancillary works and encroachments on a 21
State-controlled road, whether or not an offence is committed; 22
and 23
(b) the chief executive repairs the damage or replaces or reconstructs 24
as necessary the road works or ancillary works and 25
encroachments; 26
the person is liable to pay to the chief executive the cost of repair, 27
replacement or reconstruction. 28
(2) If-- 29
(a) the damage is caused by the operation of a vehicle; and 30
36
Transport Infrastructure
(b) the driver of the vehicle is unknown or cannot be located; 1
the person in whose name the vehicle is registered is liable for the costs of 2
repair, replacement or reconstruction for which the driver would be liable. 3
(3) Subsection (2) does not apply if the vehicle was being used without 4
the agreement or knowledge of the person in whose name the vehicle is 5
registered. 6
(4) If-- 7
(a) a court finds a person guilty of an offence against this Act; and 8
(b) in committing the offence, the person caused damage to road 9
works or ancillary works and encroachments; 10
the court may, in addition to imposing a penalty, order the person to pay an 11
amount towards the cost of repairing the damage. 12
Division 2--Ancillary works and encroachments and roadside facilities 13
Subdivision 1--General rules for ancillary works and encroachments 14
works and encroachments 15
Ancillary
The chief executive may construct, maintain, operate or 16
Clause45.(1)
conduct ancillary works and encroachments on a State-controlled road. 17
(2) The chief executive may, by Gazette notice, decide that specified 18
ancillary works and encroachments must not be constructed, maintained, 19
operated or conducted on State-controlled roads, or on State-controlled 20
roads in a specified district, without the written approval of the chief 21
executive. 22
(3) A person must not construct, maintain, operate or conduct ancillary 23
works and encroachments on a State-controlled road contrary to a notice 24
under subsection (2). 25
Maximum penalty--40 penalty units. 26
(4) Subsection (3) does not apply to the construction, maintenance, 27
operation or conduct of ancillary works and encroachments on a 28
State-controlled road if the construction, maintenance, operation or 29
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conduct-- 1
(a) conforms to requirements specified by the chief executive by 2
Gazette notice; or 3
(b) is done as required by a contract entered into with the chief 4
executive. 5
(5) An approval or requirements under this section may be subject to 6
conditions (including conditions about the payment of fees and other 7
charges) fixed by the chief executive. 8
(6) A thing is not done contrary to this section if it is permitted under the 9
Land Act 1962, the Traffic Act 1949 or an Act about local government. 10
etc. of ancillary works and encroachments 11
Alteration
If ancillary works and encroachments are constructed, 12
Clause46.(1)
maintained, operated or conducted contrary to section 45 (Ancillary works 13
and encroachments), the chief executive may-- 14
(a) cause them to be altered, relocated, made safe or removed; or 15
(b) for activities--direct that their conduct be altered or that they stop 16
being conducted. 17
(2) A person who constructed, maintained or operated ancillary works 18
and encroachments contrary to section 45 is liable to pay to the chief 19
executive the cost of altering or relocating them, making them safe or 20
removing them. 21
(3) If ancillary works and encroachments are removed under 22
subsection (1), the chief executive may cause them to be sold or destroyed. 23
(4) If the chief executive is of the opinion that ancillary works and 24
encroachments, or the use of ancillary works and encroachments, that were 25
constructed, maintained, operated or conducted on a State-controlled road 26
under an approval, requirements or contract under section 45-- 27
(a) are creating a traffic hazard for the road; or 28
(b) have become an obstacle to the carrying out of road works on the 29
road or to the construction, augmentation, alteration or 30
maintenance of public utility plant on the road; 31
the chief executive may cause them to be, or direct that they be, altered, 32
38
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relocated, made safe or removed or, for activities, direct that their conduct 1
be altered or that they stop being conducted. 2
(5) Subsection (4) does not apply to a means of access. 3
(6) A person must comply with a direction under this section. 4
Maximum penalty--40 penalty units. 5
(7) If ancillary works and encroachments are altered, relocated, made 6
safe or removed because of a direction under subsection (4), the chief 7
executive may enter into an agreement with the owner of the ancillary 8
works and encroachments for making a contribution towards the cost of the 9
alteration, relocation, making safe or removal. 10
2--Special arrangements for means of access 11
Subdivision
12
Definitions
In this Subdivision-- 13
Clause47.
"approved means of access" means a means of access that is constructed, 14
maintained or operated under-- 15
(a) an approval, requirements or contract under section 45 (Ancillary 16
works and encroachments); or 17
(b) an approval under section 49 (Management of access between 18
individual properties and State-controlled roads); 19
"State-controlled road" includes a road or land that the chief executive has 20
notified the relevant local government in writing is intended to become 21
a State-controlled road. 22
roads 23
Access-limited
The chief executive may, by Gazette notice, declare that a 24
Clause48.(1)
State-controlled road is an access-limited road. 25
(2) Before making or revoking a declaration under subsection (1) the 26
chief executive must-- 27
(a) notify each local government that would, in the chief executive's 28
opinion, be affected by the proposed declaration or revocation; 29
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Transport Infrastructure
and 1
(b) give the local governments a reasonable opportunity to make 2
submissions to the chief executive on the proposed declaration or 3
revocation. 4
(3) A notice under subsection (1) must-- 5
(a) specify the policy that will be applied in dealing with the 6
application of section 49 (Management of access between 7
individual properties and State-controlled roads) to access 8
between the State-controlled road and adjacent land; and 9
(b) enable the location of the access-limited road to be identified. 10
(4) Action under subsection (1) must be advertised by notice in a 11
newspaper circulating generally in the area. 12
(5) If a State-controlled road is declared to be an access-limited road, a 13
person must not construct or alter a means of access between land and the 14
road other than under section 49. 15
of access between individual properties and 16
Management
State-controlled roads 17
The chief executive may, in response to an application by a 18
Clause49.(1)
person or on the initiative of the chief executive, for a State-controlled road 19
and particular adjacent land make a written decision specifying-- 20
(a) that access between the State-controlled road and a specified part 21
of the land is prohibited; or 22
(b) the location of a means of access between the State-controlled 23
road and the land; or 24
(c) that the existing location, type or use of a means of access 25
between the State-controlled road and the land should be changed 26
in a way specified by the chief executive; or 27
(d) conditions that are to apply to the use of a means of access 28
between the State-controlled road and the land. 29
(2) Conditions under section (1)(d) include conditions-- 30
(a) prohibiting use of the means of access by pedestrians; and 31
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Transport Infrastructure
(b) prohibiting right turns by vehicles going in or out of the property; 1
and 2
(c) about the type and number of vehicles using the means of access; 3
and 4
(d) about the times when the means of access may be used. 5
(3) The chief executive may take action under this section on the chief 6
executive's own initiative for an approved means of access only if the 7
means of access, or the use of it, in the chief executive's opinion-- 8
(a) is creating a traffic hazard; or 9
(b) has become an obstacle to the carrying out of road works on a 10
State-controlled road or to the construction, augmentation, 11
alteration or maintenance of public utility plant on a 12
State-controlled road. 13
(4) If the chief executive makes a decision under this section, the chief 14
executive must give the owner and occupier of the land written notice of the 15
decision. 16
for obtaining access contrary to Subdivision or breaching 17
Offence
condition 18
A person must not obtain access to or from a State-controlled 19
Clause50.(1)
road contrary to this Subdivision. 20
(2) A person must not contravene a condition under this Subdivision. 21
Maximum penalty--40 penalty units. 22
executive may take steps to enforce a decision under this 23
Chief
Subdivision 24
The chief executive may take steps that are reasonable and 25
Clause51.(1)
necessary to prevent a person obtaining access contrary to section 50 26
(Offence for obtaining access contrary to Subdivision or breaching 27
condition). 28
(2) If the chief executive takes action under subsection (1) because of a 29
person obtaining access contrary to section 50, the person is liable to pay to 30
the chief executive the cost of taking the action. 31
41
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executive may supply or contribute to new access arrangements 1
Chief
If the use of an approved means of access between a 2
Clause52.
State-controlled road and a part of adjacent land is prohibited under this 3
Subdivision, the chief executive may enter into an agreement with the 4
owner or occupier of the land for-- 5
(a) the supply of, or a contribution towards the supply of, an 6
alternative means of access between the land and the 7
State-controlled road or between the land and another road; or 8
(b) the carrying out, or a contribution towards the carrying out, of 9
other works in relation to the land. 10
where access prohibited 11
Compensation
If-- 12
Clause53.
(a) the use of an approved means of access between a 13
State-controlled road and a part of adjacent land is prohibited 14
under this Subdivision; and 15
(b) either-- 16
(i) the chief executive and the owner or occupier can not reach 17
agreement about action to be taken under section 52 (Chief 18
executive may supply or contribute to new access 19
arrangements); or 20
(ii) the chief executive decides that it is not practicable to take 21
action under section 52; 22
the owner or occupier may recover from the chief executive compensation 23
for the diminution in value because of the prohibition. 24
where compensation not payable 25
Cases
Compensation is payable under section 53 (Compensation 26
Clause54.(1)
where access prohibited) to a person only if a claim is given to the chief 27
executive within 1 year after-- 28
(a) the day when the relevant decision took effect; or 29
(b) the day when the person was first notified by the chief executive 30
42
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of the decision; 1
whichever is the later. 2
(2) However, the chief executive may allow a claim to be made at a later 3
time. 4
(3) The chief executive is not liable to pay compensation for action under 5
this Subdivision prohibiting the use of an existing means of access if it is 6
not an approved means of access. 7
(4) The chief executive is not liable to pay compensation for action under 8
this Subdivision in relation to land if action is taken to acquire the land. 9
Subdivision 3--Roadside facilities 10
facilities 11
Roadside
The chief executive may supply, or enter into an agreement 12
Clause55.(1)
with another person for the supply of, roadside service centres, roadside rest 13
facilities and other roadside businesses adjacent to or near State-controlled 14
roads. 15
(2) The agreement may include-- 16
(a) arrangements for supplying access to the facility from the road; 17
and 18
(b) provision for payment of amounts to the chief executive, whether 19
by lump sum or annual rental, in consideration for supplying the 20
access or for supplying access to the traffic stream. 21
Division 3--Public utility plant on State-controlled roads 22
and requirements 23
Location
For the purposes of this Division, the location of public utility 24
Clause56.(1)
plant on a State-controlled road includes the line, level and boundary of the 25
plant on the road. 26
(2) The chief executive may, by written notice given to the owner of 27
public utility plant, make requirements about the public utility plant on a 28
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State-controlled road. 1
(3) The requirements may relate to-- 2
(a) the location of the public utility plant to meet present or future 3
road transport infrastructure needs; and 4
(b) the construction of road works because of the construction, 5
augmentation, alteration or maintenance of the plant; and 6
(c) traffic operations associated with the construction, augmentation, 7
alteration or maintenance of the plant or with construction of road 8
works. 9
of chief executive's requirements about public utility 10
Specification
plant 11
The construction, augmentation, alteration or maintenance of 12
Clause57.(1)
public utility plant on a State-controlled road must be undertaken in 13
accordance with the chief executive's requirements and at the expense of the 14
owner of the plant. 15
(2) Road works on a State-controlled road made necessary by the 16
construction, augmentation, alteration or maintenance of public utility plant 17
on a State-controlled road must be undertaken in accordance with the chief 18
executive's requirements and at the expense of the owner of the plant. 19
(3) Requirements mentioned in subsection (1) or (2) are to be notified in 20
writing to the owner of the plant within a reasonable period. 21
by owner of public utility plant to chief executive 22
Information
A person who wants to take action mentioned in section 57 23
Clause58.(1)
(Specification of chief executive's requirements about public utility plant) 24
must give a written notice to the chief executive of the person's intention to 25
carry out work on a State-controlled road within a reasonable time before 26
taking the action. 27
(2) If public utility plant is constructed, augmented, altered or maintained 28
on a State-controlled road, the owner of the plant must prepare records that 29
adequately define the location of the plant on the road at the time of the 30
construction, augmentation, alteration or maintenance of the plant. 31
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(3) The owner of public utility plant on a State-controlled road must, if 1
asked by the chief executive, supply information to the chief executive to 2
define adequately the location of the plant in a specified area. 3
Maximum penalty for subsection (3)--40 penalty units. 4
for damage or expenses 5
Liability
Clause59.(1) Unless the chief executive otherwise agrees, the chief executive 6
is not liable for damage caused by the chief executive to public utility plant 7
on a State-controlled road if-- 8
(a) the chief executive had, before the damage was caused, asked for 9
information under section 58(3) (Information by owner of public 10
utility plant to chief executive) from the owner of the plant and-- 11
(i) the owner had not, within a reasonable time, complied with 12
the request; and 13
(ii) the damage was caused because of the failure to comply 14
with the request; or 15
(b) information supplied to the chief executive under section 58(3) 16
does not define in adequate detail the location of the plant and the 17
damage was caused because of the failure to define in adequate 18
detail the location of the plant; or 19
(c) the damage was caused because of the plant having been 20
constructed, augmented, altered or maintained other than under 21
the chief executive's requirements under this Division. 22
(2) If the chief executive incurs additional expense in carrying out road 23
works on a State-controlled road because-- 24
(a) the owner of public utility plant had not supplied within a 25
reasonable time information asked for by the chief executive 26
under section 58(3); or 27
(b) information supplied to the chief executive did not define in 28
adequate detail the location of public utility plant; or 29
(c) public utility plant had not been constructed, augmented, altered 30
or maintained under the chief executive's requirements; 31
the owner of the plant is liable to pay to the chief executive the additional 32
45
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expense. 1
(3) If the construction of road works by or for the chief executive 2
requires the removal or replacement of public utility plant on a 3
State-controlled road, the chief executive cannot be compelled to replace or 4
reconstruct the plant in its previous location and form. 5
(4) If the plant mentioned in subsection (3) is replaced or reconstructed-- 6
(a) it must be done under the chief executive's requirements; and 7
(b) it must be at the expense of the chief executive but the cost to the 8
chief executive of replacement or reconstruction may be reduced 9
by agreement between the chief executive and the owner of the 10
plant after taking into account-- 11
(i) the remaining life of the plant; and 12
(ii) the salvage or scrap value of the plant; and 13
(iii) additional expense that was avoidable because of faulty 14
information supplied by the owner of the plant about the 15
location of the plant; and 16
(iv) additional expense that was avoidable because of the plant 17
not being constructed in accordance with the chief 18
executive's requirements. 19
executive and owner of public utility plant may share costs 20
Chief
The chief executive may arrange with the owner of public utility 21
Clause60.
plant (whether existing or proposed) for the sharing by the chief executive 22
and the owner of the cost of all or any of-- 23
(a) acquisition of land associated with the plant; or 24
(b) construction, augmentation, alteration or maintenance of the plant; 25
or 26
(c) construction of road works affected by the plant; 27
including all necessary preliminary costs associated with the acquisition, 28
construction, augmentation, alteration or maintenance. 29
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not to apply to public utility plant constructed under the 1
Division
Electricity Act 2
This Division does not apply to public utility plant constructed 3
Clause61.
under the Electricity Act 1976. 4
CHAPTER 6--GENERAL PROVISIONS 5
of amounts payable to the chief executive 6
Recovery
An amount payable by a person to the chief executive under this 7
Clause62.
Act is a debt owing to the State and may be recovered by action against the 8
person in a court of competent jurisdiction. 9
to require information from local governments 10
Power
The chief executive may, by written notice given to a local 11
Clause63.(1)
government, require that the local government give to the chief executive, or 12
to a specified person, information on a particular issue relevant to the 13
discharge of functions or the exercise of powers under this Act. 14
(2) The notice must specify a reasonable time within which the notice is 15
to be complied with and may specify the way in which it is to be complied 16
with. 17
(3) The local government must comply with the notice. 18
(4) However, the local government may appeal to the Minister against 19
the notice and, if the local government appeals, the local government only 20
has to comply with the notice if, and to the extent that, the Minister directs. 21
of company directors, employees or agents 22
Conduct
Clause64.(1) In this section-- 23
"engaging" in conduct includes failing to engage in conduct; 24
"representative" means-- 25
(a) in relation to a corporation--an executive officer, employee or 26
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Transport Infrastructure
agent of the corporation; or 1
(b) in relation to an individual--an employee or agent of the 2
individual; 3
"state of mind" of a person includes-- 4
(a) the person's knowledge, intention, opinion, belief or purpose; and 5
(b) the person's reasons for the intention, opinion, belief or purpose. 6
(2) If, in a proceeding for an offence against this Act, it is necessary to 7
establish the state of mind of a corporation about particular conduct, it is 8
sufficient to show-- 9
(a) the conduct was engaged in by a representative of the corporation 10
within the scope of the representative's actual or apparent 11
authority; and 12
(b) the representative had the state of mind. 13
(3) Conduct engaged in on behalf of a corporation by a representative of 14
the corporation within the scope of the representative's actual or apparent 15
authority is taken, in a proceeding for an offence against this Act, to have 16
been engaged in also by the corporation unless the corporation establishes it 17
took reasonable precautions and exercised proper diligence to avoid the 18
conduct. 19
(4) If, in a proceeding for an offence against this Act, it is necessary to 20
establish the state of mind of an individual about particular conduct, it is 21
sufficient to show-- 22
(a) the conduct was engaged in by a representative of the individual 23
within the scope of the representative's actual or apparent 24
authority; and 25
(b) the representative had the state of mind. 26
(5) Conduct engaged in on behalf of an individual by a representative of 27
the individual within the scope of the representative's actual or apparent 28
authority is taken, in a proceeding for an offence against this Act, to have 29
been engaged in also by the individual unless the individual establishes the 30
individual took reasonable precautions and exercised proper diligence to 31
avoid the conduct. 32
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of fees, penalties etc. 1
Disposal
Clause65.(1) Fees or other amounts received or recovered under this Act for 2
the operations of a GOC are to be paid to the GOC. 3
(2) All other fees, penalties and other amounts received or recovered 4
under this Act are to be paid to the Consolidated Fund. 5
6
Appeals
A person whose interests are affected by a decision specified 7
Clause66.(1)
in Schedule 2 may appeal against the decision to the court specified in the 8
Schedule opposite to the reference to the decision. 9
(2) A person who may appeal against or seek a review of a decision is 10
entitled to receive a statement of reasons for the decision. 11
(3) An appeal lies under subsection (1) against a decision made by a 12
delegate of the chief executive who is an officer or employee of the 13
department only if the applicant has sought a review by the chief executive 14
of the decision. 15
(4) Sections 17 to 23, and 24(3) and (4), of the Transport Planning and 16
Coordination Act 1993 apply to an appeal or review. 17
for making appeals 18
Time
An appeal by a person against a decision must be made before 19
Clause67.(1)
the end of 28 days after-- 20
(a) a document setting out the decision was given to the person; or 21
(b) if the document does not set out a statement of reasons for the 22
decision and the person requests a statement of reasons within 23
28 days after the document was given to the person--the person 24
is given the statement of reasons. 25
(2) However, the court to which an appeal against a transport decision 26
lies may extend the period for making an appeal. 27
of Planning and Environment Court 28
Procedure
Clause68.(1) The power to make rules of court under the Local Government 29
49
Transport Infrastructure
(Planning and Environment) Act 1990 includes power to make rules of 1
court about appeals by the Planning and Environment Court under this Act. 2
(2) The procedure for an appeal to the Planning and Environment Court 3
is-- 4
(a) in accordance with the rules made under the Local Government 5
(Planning and Environment) Act 1990; or 6
(b) in the absence of relevant rules, as directed by the Court. 7
8
Regulations
The Governor in Council may make regulations for the 9
Clause69.(1)
purposes of this Act. 10
(2) A regulation may create offences and prescribe penalties for the 11
offences of not more than 40 penalty units. 12
(3) In particular, regulations may be made for the matters specified in 13
Schedule 1. 14
(4) A regulation may confer functions or powers on a local government 15
or a State government body. 16
HAPTER 7--SAVINGS AND TRANSITIONAL 17
C
PROVISIONS AND AMENDMENTS OF OTHER 18
ACTS 19
ART 1--SAVINGS AND TRANSITIONAL 20
P
PROVISIONS 21
22
Definitions
Clause70. In this Chapter-- 23
"Corporation" means the corporation sole constituted by the Urban 24
Public Passenger Transport Act 1984; 25
50
Transport Infrastructure
roads 1
State-controlled
A road or land that was, immediately before the 2
Clause71.(1)
commencement, a declared road under the Transport Infrastructure 3
(Roads) Act 1991 is a State-controlled road under this Act. 4
(2) Despite section 21(2) (Declaration of State-controlled roads), a 5
declaration may be made under that section before the first transport 6
infrastructure strategies have been developed. 7
to and from State-controlled roads 8
Access
A determination or notice under section 3.7 of the Transport 9
Clause72.(1)
Infrastructure (Roads) Act 1991 that was in force immediately before the 10
commencement continues in force as if it were a decision under section 49 11
(Management of access between individual properties and State-controlled 12
roads) of this Act. 13
(2) A declaration under section 3.8 of the Transport Infrastructure 14
(Roads) Act 1991 that was in force immediately before the commencement 15
continues in force as if it were a declaration under section 48 16
(Access-limited roads) of this Act. 17
(3) A consent given by the Corporation under section 3.12 of the 18
Transport Infrastructure (Roads) Act 1991 in force immediately before the 19
commencement remains in force, but may be amended or revoked as if it 20
were a decision by the chief executive under section 49(1) of this Act. 21
otorways 22
M
A road that was, immediately before the commencement, a 23
Clause73.
motorway under section 3.17 of the Transport Infrastructure (Roads) Act 24
1991 continues to be a motorway as if it had been declared to be a 25
motorway under section 23 (Declaration of motorways) of this Act. 26
to local governments 27
Notices
If, immediately before the commencement, a notice given under 28
Clause74.
section 2.12 of the Transport Infrastructure (Roads) Act 1991 to a local 29
government by the Corporation had not been complied with by the local 30
government, the notice has effect as if it had been given by the chief 31
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Transport Infrastructure
executive under section 63 (Power to require information from local 1
governments) of this Act. 2
with local governments and others 3
Arrangements
Clause75. An arrangement between the Corporation and a local government 4
or other person that-- 5
(a) was in force immediately before the commencement; and 6
(b) relates to a sharing of costs of a kind referred to in section 28 7
(Cost sharing arrangements); 8
continues in force as if it were an arrangement between the chief executive 9
and the local government or other person under section 28. 10
occurring materials 11
Naturally
A permit granted by the Corporation under section 3.5(3) of the 12
Clause76.
Transport Infrastructure (Roads) Act 1991 and in force immediately before 13
the commencement continues in force for the period specified in the permit 14
but may be amended or revoked by the chief executive. 15
and determinations under s.3.6 of the Transport 16
Approvals
Infrastructure (Roads) Act 1991 17
An approval or a determination by the Corporation under 18
Clause77.(1)
section 3.6(4) of the Transport Infrastructure (Roads) Act 1991 and in 19
force immediately before the commencement is taken to be an approval or 20
decision by the chief executive under section 43(3) (Removal of materials 21
etc.) of this Act. 22
(2) A determination by the Corporation under section 3.6(5) of the 23
Transport Infrastructure (Roads) Act 1991 in force immediately before the 24
commencement is taken to be a decision by the chief executive under 25
section 42(1) (Temporary restrictions on use of State-controlled roads) of 26
this Act. 27
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by local governments 1
Works
An agreement between the Corporation and a local 2
Clause78.(1)
government under section 7.2(1) of the Transport Infrastructure (Roads) 3
Act 1991 in force immediately before the commencement is taken to be a 4
contract between the chief executive and the local government under 5
section 25(1) (Powers of chief executive for road works contracts etc.) of 6
this Act. 7
(2) If an agreement mentioned in subsection (1) provides for the 8
construction or maintenance of road transport infrastructure or for the 9
supervision of the construction or maintenance, conditions decided by the 10
Corporation for the construction, maintenance or supervision are taken, after 11
the commencement, to be conditions decided by the chief executive. 12
and maintenance by others 13
Construction
An approval of the Corporation under section 7.3(1) of the 14
Clause79.
Transport Infrastructure (Roads) Act 1991 in force immediately before the 15
commencement continues in force as if it were an approval by the chief 16
executive under section 29(1) (Prohibition on road works etc. on 17
State-controlled roads) of this Act. 18
joining State-controlled roads 19
Works
An approval of the Corporation in force under section 7.5(1) of 20
Clause80.
the Transport Infrastructure (Roads) Act 1991 immediately before the 21
commencement continues in force as if it were an approval by the chief 22
executive under section 38(1) (Impact of certain local government decisions 23
on State-controlled roads) of this Act. 24
occupation and use of land 25
Temporary
If, immediately before the commencement, a person could 26
Clause81.(1)
exercise a power because of section 7.6(2) or (3) of the Transport 27
Infrastructure (Roads) Act 1991, the person is taken to have been delegated 28
a corresponding power under section 25 of the Transport Planning and 29
Coordination Act 1993. 30
(2) A notice served by the Corporation under section 7.8(1) of the 31
53
Transport Infrastructure
Transport Infrastructure (Roads) Act 1991 before the commencement is 1
taken to be a notice given by the chief executive under section 32(1) (Notice 2
of entry or permission to enter) of this Act. 3
(3) An entry, occupation or use of private land by the Corporation 4
mentioned in section 7.6(1), 7.7 or 7.11(2) of the Transport Infrastructure 5
(Roads) Act 1991 in effect immediately before the commencement is taken 6
to be an entry, occupation or use by the chief executive under the 7
corresponding provision of this Act. 8
works and encroachments 9
Ancillary
A requirement that was, immediately before the 10
Clause82.(1)
commencement, in force under section 7.12 of the Transport Infrastructure 11
(Roads) Act 1991 continues in force as if it were a determination under 12
section 45 (Ancillary works and encroachments) of this Act. 13
(2) An approval that was, immediately before the commencement, in 14
force under section 7.12(2) of the Transport Infrastructure (Roads) Act 15
1991 continues in force as if it were an approval under section 45(2) of this 16
Act. 17
done where chief executive now has power 18
Things
If-- 19
Clause83.
(a) the Corporation, a port authority or the Harbours Corporation of 20
Queensland had started to exercise a power conferred on it under 21
a provision repealed or amended by Schedule 3; and 22
(b) the chief executive has a corresponding power under Part 3 of the 23
Transport Planning and Coordination Act 1993; 24
the chief executive may complete the exercise of the power as if the chief 25
executive had started to exercise it. 26
of contracts 27
Continuation
If 28
Clause84.
(a) a contract or agreement made by the Corporation with a person 29
about the exercise of a power or the performance of a function 30
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Transport Infrastructure
conferred or imposed on the Corporation under a provision of the 1
Transport Infrastructure (Roads) Act 1991 amended by this Act 2
was in force immediately before the commencement of the 3
amendment; and 4
(b) a like power or function is conferred on the chief executive under 5
this Act; 6
the contract or agreement has effect, on the commencement, as a contract or 7
agreement between the chief executive for the State and the other person. 8
proceedings 9
Legal
Clause85. A legal proceeding-- 10
(a) for the exercise by the Corporation of a power or function under a 11
provision of the Transport Infrastructure (Roads) Act 1991 12
amended by Schedule 3; or 13
(b) for the role of the Corporation as a highway authority; 14
that was pending immediately before the commencement of the amendment 15
may be continued as if the proceeding had been begun by or brought against 16
the chief executive for the State. 17
vested in the Corporation 18
Property
Clause86. Property that-- 19
(a) immediately before the commencement, was vested in the 20
Corporation because of the Transport Infrastructure (Roads) Act 21
1991; or 22
(b) was acquired by the Corporation for the purposes of that Act and 23
was held by the Corporation immediately before the 24
commencement; or 25
(c) immediately before the commencement, was vested in the 26
Corporation because of a provision of another Act that is 27
amended by Schedule 3; 28
becomes vested in the State but may be dealt with by the chief executive for 29
the State. 30
55
Transport Infrastructure
acquisitions and related transactions 1
Land
Despite Schedule 3, the provisions amended by the Schedule, 2
Clause87.(1)
as in force immediately before the commencement of the amendment, 3
continue to have effect to a land acquisition or related transaction, including 4
a claim for compensation, that was begun before the commencement of the 5
amendment. 6
(2) For dealing with the acquisition or transaction, a thing that could have 7
been done by the Corporation under the provisions may be done by the 8
chief executive. 9
10
Delegations
If, immediately before the commencement, a person could 11
Clause88.(1)
exercise a power of the Minister, the chief executive or the Corporation 12
under a delegation under the Transport Infrastructure (Roads) Act 1991, 13
the person can continue to exercise the power as if it had been delegated to 14
the person under the Transport Planning and Coordination Act 1993. 15
(2) This section does not prevent the revocation or amendment of a 16
delegation. 17
of first implementation programs 18
Preparation
Clause89. Despite the requirements in Chapter 4 to develop implementation 19
programs each year, the first implementation programs need not be 20
developed until after the first transport infrastructure strategies have been 21
approved. 22
PART 2--AMENDMENTS OF OTHER ACTS 23
of other Acts 24
Amendments
The Acts specified in Schedule 3 are amended as set out in the 25
Clause90.
Schedule. 26
27
56
Transport Infrastructure
CHEDULE 1 1
ˇS
SUBJECT MATTER FOR REGULATIONS 2
section 69 3
1. The conditions of use of motorways, including limitations on access 4
or use, and removal of stationary vehicles. 5
2. Regulation of traffic (including for safety purposes) during 6
construction of road works. 7
3. Regulation of animals on State-controlled roads. 8
4. Camping on State-controlled roads or areas under the chief executive's 9
control. 10
5. Regulation of ancillary works and encroachments. 11
6. Tolls payable through the use of roads and the collection of the tolls. 12
7. Exemptions from regulations. 13
8. Allowing the chief executive to approve forms to be used for the 14
purposes of this Act, and the purposes for which the forms must be used. 15
9. Fees, charges, allowances, royalties, costs or expenses to be paid. 16
10. The operation by the chief executive of electronic and other devices 17
for monitoring, recording or controlling the passage of vehicles or the flow 18
of traffic on-- 19
(a) State-controlled roads; or 20
(b) roads that are proposed to be State-controlled roads; or 21
(c) other roads with the agreement of the relevant local government. 22
23
57
Transport Infrastructure
CHEDULE 2
ˇS
APPEALS
section 66
Section Description of decision Court
29 Refusal to approve carrying out of
proposed road works Magistrates
Refusal to approve action interfering with
State-controlled road or its operation Magistrates
Imposition of conditions on approval Magistrates
30 Decision of chief executive about amount District or
of costs incurred Magistrates
33 Decision of chief executive about amount District or
of compensation Magistrates
33 Decision not to extend time District or
Magistrates
34 Decision of chief executive not to
contribute to fencing Magistrates
38(1) Refusal to approve subdivision, rezoning, Planning and
development, road works or changes Environment
38(3) and (5) Imposition of conditions Planning and
Environment
39(1) Refusal to approve erection of, alteration or Planning and
operation of sign or device Environment
39(3) and (5) Imposition or inclusion of conditions Planning and
Environment
44 Decision of chief executive about cost of
repair, replacement or reconstruction of District or
damaged work Magistrates
58
Transport Infrastructure
SCHEDULE 2 (continued)
45 Refusal of chief executive to approve
construction, maintenance, operation or
conduct of ancillary work or encroachment Magistrates
46(1) Decision to cause ancillary works and
encroachments to be altered, relocated,
made safe or removed, or to direct that the
District or
conduct of ancillary works and
Magistrates
encroachments be altered or stop
46(2) Decision of chief executive about cost of
alteration, making safe or removing District or
ancillary work and encroachments Magistrates
46(4) Decision to alter, relocate, make safe or
remove ancillary works and
encroachments or that activities are to be
altered or to stop Magistrates
49 Decision about access between
State-controlled road and particular Planning and
adjacent land Environment
51 Decision of chief executive about amount District or
of cost of taking action Magistrates
53 Decision of chief executive about amount District or
of compensation Magistrates
54(2) Decision not to extend time for claim District or
Magistrates
56 Requirement by chief executive about
public utility plant on State-controlled road District
59 Decision of chief executive about amount District or
of additional expense Magistrates
If this Schedule indicates that an appeal may be made to a District Court 1
or to a Magistrates Court, the appeal is to be made to a District Court if the 2
amount involved exceeds $40 000 and to a Magistrates Court in any other 3
case. 4
59
Transport Infrastructure
CHEDULE 3 1
ˇS
AMENDMENTS OF OTHER ACTS 2
section 90 3
HARBOURS ACT 1955 4
´
1. Section 62(1)-- 5
omit `or, in the case of land granted in fee simple, take under the 6
Acquisition of Land Act 1967,'. 7
2. Section 62(2)-- 8
omit. 9
TATE TRANSPORT (PEOPLEMOVERS) ACT 1989 10
´S
1. Sections 6, 9, 10, 11 and 12-- 11
omit. 12
60
Transport Infrastructure
SCHEDULE 3 (continued)
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 1
´
1. Section 1.5 (definitions "ancillary works and encroachments", 2
"construction", "declared road", "land", "maintenance", "means of 3
access", "motorway", "road transport infrastructure", "statutory 4
utility", "transport infrastructure", "utility", "watercourse" and 5
"works for road transport infrastructure")-- 6
omit. 7
2. Sections 2.1 to 2.3, 2.4(1) and (2)(a) and (c) to (h) and 2.6 to 2.12-- 8
omit. 9
3. Parts 3, 4 and 6 to 8-- 10
omit. 11
4. Section 2.4(2)(b)-- 12
omit. 13
5. Part 5-- 14
omit. 15
6. After section 9.24-- 16
insert-- 17
`Reference to the Corporation or Director-General to be references to 18
the chief executive 19
`9.25 A reference in this Act other than in Part 5 to the Corporation or the 20
Director-General is a reference to the chief executive of the department.'. 21
61
Transport Infrastructure
SCHEDULE 3 (continued)
RBAN PUBLIC PASSENGER TRANSPORT ACT 1
´U
1984 2
1. Sections 23 to 27-- 3
omit. 4
5
© State of Queensland 1993
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