TRANSPORT INFRASTRUCTURE ACT 1994

Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Objectives of this Act
3. Definitions—the dictionary
3A. Notes in text
4. State/Commonwealth agreements or arrangements

CHAPTER 2--TRANSPORT INFRASTRUCTURE STRATEGIES

5. Development of transport infrastructure strategies
6. Contents of transport infrastructure strategies
7. Tabling of transport infrastructure strategies

CHAPTER 3--OBLIGATIONS ABOUT TRANSPORT INFRASTRUCTURE

8. Objective of chapter
9. Obligations about government supported transport infrastructure
10. Report on giving effect to s 9

CHAPTER 4--IMPLEMENTATION OF TRANSPORT INFRASTRUCTURE STRATEGIES

Part 1--Roads implementation programs

11. Development of roads implementation programs
12. Consistency with transport infrastructure strategies
13. Report on operation of roads implementation programs

Part 2--Rail implementation programs

14. Development of programs
15. Consistency with transport infrastructure strategies
16. Report on implementation of programs

Part 3--Implementation programs for miscellaneous transport infrastructure

17. Development of implementation programs for miscellaneous transport infrastructure
18. Consistency with transport infrastructure strategies
19. Report on operation of implementation programs for miscellaneous transport infrastructure

Part 4--Transport GOCs

20. Transport GOCs

CHAPTER 5--AIR TRANSPORT INFRASTRUCTURE

21. Air transport infrastructure funding programs
22. Report on implementation of program

CHAPTER 6--ROAD TRANSPORT INFRASTRUCTURE

Part 1--Preliminary

23. Scope of chapter

Part 2--State-controlled roads

Division 1--Declaration of State-controlled roads

24. Declaration of State-controlled roads
25. Consultation before declaration
26. State-controlled roads on rail corridor land

Division 2--Motorways

27. Declaration of motorways

Division 3--Chief executive to have powers of a local government

28. Chief executive to have power of a local government for State-controlled roads

Part 3--Construction, maintenance and operation

29. Powers of chief executive for road works contracts etc.
30. Obligations in carrying out of works or operation of roads by the chief executive
31. Contracts to encourage efficiency
32. Cost sharing arrangements
33. Prohibition on road works etc. on State-controlled roads
34. Offender to pay cost of remedying unauthorised works
35. Temporary occupation and use of land
36. Notice of entry or permission to enter
37. Compensation for physical damage from entry etc.
38. Fencing State-controlled roads
39. Watercourses and road works

Part 4--Relationship with local governments

40. Funds for works on, or operation of, local government roads etc.
41. Improvement of State-controlled road as an economic alternative to improvement of the local road network
42. Impact of certain local government decisions on State-controlled roads
43. Distraction of traffic on motorways
44. Effect of decisions of Planning and Environment Court
45. Management of particular functions on State-controlled roads by local governments

Part 5--Management of State-controlled roads

Division 1--Prevention of damage and ensuring safety

46. Temporary restrictions on use of State-controlled roads
47. Removal of materials etc.
48. Recovery of cost of damage
49. Assessment of impacts on State-controlled roads from certain activities

Division 2--Ancillary works and encroachments and roadside facilities
Subdivision 1--General rules for ancillary works and encroachments

50. Ancillary works and encroachments
51. Presumptions about advertising notices
52. Alteration etc. of ancillary works and encroachments
Subdivision 2--Special arrangements about access
53. Definitions
54. Limited access roads
55. Local government to be consulted on proposed declaration or policy
56. Information in s 54 gazette notice about a declaration
57. Information in s 54 gazette notice about new or replacement policy
58. Amendment of policy for a limited access road in limited circumstances
59. Gazette notices must show location of limited access road
60. Advertisement of gazette notice
61. Offence for limited access roads
62. Management of access between individual properties and State-controlled roads
63. Chief executive may require additional information from applicant
64. Decision under s 62(1) may impose construction or financial obligation
65. Limitation on new decisions under s 62(1)
66. Road access works within State-controlled road
67. Notice of decision under s 62(1)
68. Other persons may, by notice, also become bound by a decision under s 62(1)
69. Direction to owner or occupier to apply for permitted road access location
70. Offences about road access locations and road access works, relating to decisions under s 62(1)
71. Chief executive may take steps to prevent or deal with contravention
72. Chief executive may supply or contribute to new access arrangements
73. Compensation
74. Cases where compensation not payable
75. Conditions in development approval under Integrated Planning Act 1997
Subdivision 3--Roadside facilities
76. Roadside facilities

Division 3--Public utility plant on State-controlled roads

77. Application of div 3
78. Location
79. Chief executive's requirements for public utility plant
80. Specification of chief executive's requirements about public utility plant
81. Information by owner of public utility plant to chief executive
82. Liability for damage or expenses
83. Chief executive and owner of public utility plant may share costs

Part 6--State toll road corridor land and franchised roads

Division 1--Preliminary

84. Objectives of part

Division 2--State toll road corridor land

84A. Declaration of land as State toll road corridor land
84B. State toll road corridor land on rail corridor land
84C. Effect on land of State toll road corridor land declaration

Division 3--Franchised roads

85. Power to enter into road franchise agreements
85A. Franchised road on rail corridor land
85B. Application of Queensland Heritage Act 1992 for development for a franchised road
86. Tabling of road franchise agreements
87. Report on operation of part
88. Recovery of money
89. Rateability of land
90. Application of other provisions of this chapter
91. Guarantees and undertakings

Part 7--Toll roads

Division 1--Preliminary

92. Definitions for pt 7

Division 2--Toll roads and toll payment requirements

93. Tolls
93A. Application of Queensland Heritage Act 1992 for development for a toll road
94. Liability for toll and user administration charge and satisfying the liability
95. Using the E toll system

Division 3--Failure to pay toll

96. Application of div 3
97. Definition for div 3
98. Liability for administration charge in addition to unpaid toll
99. Notice to vehicle's registered operator
99A. Corporation may be taken to be driver of vehicle
100. Notice to information holder
101. Notice to person identified as driver
102. Statutory declarations for div 3
103. Limit on offences

Division 4--Miscellaneous

104. Confidentiality
105. Evidence and procedure

Part 8--Local government tollways

Division 1--Preliminary

105A. Objectives of pt 8
105B. Definitions for pt 8

Division 2--Approval of tollway project

105C. Approval of tollway project
105E. Minister may amend approval
105F. When approval has effect

Division 2A--Local government tollway
Subdivision 1--Declaration

105G. Request for declaration
105GA. Declaration
105GB. Amendment etc. of declaration or conditions at request of local government
Subdivision 2--Compliance with conditions of declaration
105GC. Compliance notice
105GD. Failure to comply with compliance notice if no local government tollway franchise agreement
105GE. Effect of revocation notice or suspension notice
105GF. Failure to comply with compliance notice for schedule 5 condition
105GG. Failure to comply with compliance notice for schedule 5A condition
Subdivision 3--Appeal
105GH. Decision by Minister in relation to notice
105GI. Appeal against decision

Division 3--Local government tollway corridor land

105H. Declaration of land as local government tollway corridor land
105I. Local government tollway corridor land on rail corridor land
105J. Effect on land of local government tollway corridor land declaration
105K. Relationship with other Acts

Division 4--Public utility plant
Subdivision 1--Preliminary

105L. Definition for div 4
Subdivision 2--Ownership of public utility plant
105M. Retention of ownership of public utility plant
Subdivision 3--Powers of public utility provider on local government tollway corridor land
105N. Public utility plant on local government tollway corridor land
Subdivision 4--Obligations of public utility provider
105O. Local government must give public utility provider information
105P. Public utility provider to consult with local government before replacing public utility plant
105Q. Public utility provider to comply with local government's or chief executive officer's agreement
105R. Local government may require public utility provider to change position of public utility plant
105S. Information by public utility provider to local government
Subdivision 5--Liability for matters relating to public utility plant
105T. Liability for damage caused by failure to comply with request for information
105U. Liability for damage caused by failure to give enough detail about location of public utility plant
105V. Liability for damage caused because of failure to comply with local government's requirements
105W. Liability of public utility provider to pay additional expenses incurred by local government
Subdivision 6--Replacement or reconstruction of public utility plant
105X. Replacement or reconstruction of public utility plant

Division 5--Franchising local government tollway corridor land

105Y. Power to enter into tollway franchise agreements
105Z. Tabling of local government tollway franchise agreements
105ZA. Annual report on operation of part

Division 6--Tolling matters
Subdivision 1--Notice of tolling matters

105ZB. Local government to give notice of tolling matters
Subdivision 2--Liability for tolls
105ZC. Liability for toll and user administration charge and satisfying the liability
105ZD. Using the E toll system
Subdivision 3--Failure to pay toll
105ZE. Application of sdiv 3
105ZF. Definition for sdiv 3
105ZG. Liability for administration charge in addition to unpaid toll
105ZH. Notice to vehicle's registered operator
105ZI. Corporation may be taken to be driver of vehicle
105ZJ. Notice to information holder
105ZK. Notice to person identified as driver
Subdivision 4--Statutory declarations and limitation on offences
105ZL. Statutory declarations for sdiv 3
105ZM. Limit on offences
Subdivision 5--Confidentiality of personal information
105ZN. Confidentiality
Subdivision 6--Evidentiary matters
105ZO. Evidence and procedure

Division 7--Miscellaneous

105ZOA. Local government to keep Minister informed
105ZOB. State not liable for loss relating to local government tollway etc.

Part 9--Public thoroughfare easements

105ZP. Public thoroughfare easements

CHAPTER 7--RAIL TRANSPORT INFRASTRUCTURE AND OTHER MATTERS

Part 1--Preliminary

106. Ways of achieving objectives
107. Scope of chapter

Part 2--Investigating potential rail corridor

108. Purpose of pt 2
109. Definitions for pt 2
110. How to apply for a rail feasibility investigator's authority
111. Additional information for application
112. Granting authority
113. Rail feasibility investigator's authority
114. What investigator must do before land is entered for the first time
115. Investigator to issue associated person with identification
116. Pretending to be an investigator etc.
117. Investigator to take care in acting under authority
118. Compensation payable by investigator

Part 3--Accreditation

Division 1--Introductory

119. Purposes of pt 3
120. Part does not create civil cause of action
121. Definitions for pt 3
122. Meaning of approved safety management system

Division 2--Accreditation of railway managers and railway operators

123. Accreditation of managers and operators
124. Applications for accreditation
125. Additional information for applications
126. Granting accreditation
127. Annual levy
128. Accreditation conditions
129. Regulation may prescribe a condition applying to an accreditation
130. Surrender of accreditation
131. Accreditation period
132. Amendment of imposed conditions
133. Amendment of approved safety management system

Division 3--Obligations of accredited persons

134. Accredited person must comply with approved safety management system
135. Accredited person to review approved safety management system each year and related matters
136. Approval of proposed safety management system
137. Financial capacity or insurance arrangements to meet potential accident liabilities
138. Notice of cancellation etc. of agreement mentioned in s 126(3)(d)

Division 4--Disputes about or under agreements for access to rail transport infrastructure that relate to rail safety

139. Chief executive may decide matters on request
140. Notice of dispute under agreement for access
141. Helping in a dispute under agreement for access
142. Notice of proposed safety direction
143. Consideration of representations
144. Chief executive's actions after stated period

Division 5--Safety directions by rail safety officers

145. Application of division
146. Written direction by rail safety officer
147. Spoken direction because written direction is not possible or reasonable
148. Direction under s 146(1) or 147(4) must include reasons and be accompanied by information notice
149. Safety directions and relationship with Workplace Health and Safety Act 1995

Division 6--Audit regime

150. Audit program for inspecting activities of accredited person
151. When inspections may be carried out during a year
152. Requirement to give information or document for inspection
153. Failure to give information or document for inspection

Division 7--Disciplinary action against accredited persons

154. Happening that may give rise to a belief that a ground for disciplinary action exists
155. Grounds for disciplinary action about the accreditation of an accredited person
156. Show cause notice
157. Consideration of representations
158. Immediate suspension of an accreditation
159. Action by chief executive
160. Decision by chief executive not to take action under s 159

Division 8--Information about safety issues

161. Chief executive may publish safety bulletin

Part 4--Rail transport infrastructure powers

Division 1--Railway works

162. Application of div 1
163. Entering land for railway works etc.
164. Entry to land by notice or with approval
165. Care to be taken in carrying out works etc.
166. Compensation for carrying out works etc.
167. Watercourses

Division 2--Other powers

168. Power to require works to stop
169. Closing railway crossings

Part 5--Rail safety officers

Division 1--Definitions

170. Definitions for pt 5

Division 2--Rail safety officers including provisions about appointment

171. Rail safety officers
172. Appointment conditions and limit on powers
173. Issue of identity card to each rail safety officer
174. Production or display of identity card
175. When rail safety officer ceases to hold office
176. Resignation
177. Return of identity card

Division 3--Entry to places by rail safety officers

178. Power to enter places
179. Procedure for entry with consent
180. Procedure for other entries without warrant
181. Application for warrant
182. Issue of warrant
183. Special warrants
184. Warrants—procedure before entry

Division 4--General powers of rail safety officers

185. General powers after entering place
186. Procedure before entering or opening rolling stock or vehicle
187. Power to require reasonable help or information
188. Power to stop rolling stock or vehicle that may be entered or opened
189. Other powers about rolling stock or vehicles that may be entered

Division 5--Seizure

190. Power to seize evidence if entry without consent or warrant
191. Power to seize evidence if entry with consent or warrant
192. Securing seized things
193. Offence to tamper with seized thing
194. Powers to support seizure
195. Rail safety officer may require thing's return
196. Receipt for seized thing
197. Return of seized thing
198. Access to seized thing

Division 6--Forfeiture

199. Forfeiture by rail safety officer
200. Forfeiture on conviction
201. Dealing with forfeited sample or thing

Division 7--Other powers

202. Power to require name and address
203. Failure to give name or address
204. Power to require information about contravention
205. Failure to give information about contravention
206. Power to require production of documents
207. Failure to produce document

Division 8--Offences relating to rail safety officers

208. False or misleading statements
209. False or misleading documents
210. Obstruction of rail safety officer
211. Impersonating a rail safety officer

Division 9--Notice of damage and compensation

212. Notice of damage
213. Compensation

Part 6--Railway incidents

Division 1AA--Preliminary

213A. Objects
213B. Definitions for pt 6

Division 1--Report of railway incident

214. Reporting serious incidents
215. Request for report or incident details

Division 2--Investigation of railway incident

216. Investigations by rail safety officer
217. Power of rail safety officer to investigate incident
218. Compensation

Division 3--Boards of inquiry
Subdivision 1--General

219. Minister may establish or re-establish boards of inquiry
220. Role of board of inquiry
221. Conditions of appointment
222. Chief executive to arrange for services of staff and financial matters for board of inquiry
223. Rail safety officer may exercise powers for board's inquiry
Subdivision 2--Conduct of inquiry
224. Procedure
225. Notice of inquiry
226. Inquiry to be held in public other than in special circumstances
227. Protection of members, legal representatives and witnesses
228. Record of proceedings to be kept
229. Procedural fairness and representation
230. Board's powers on inquiry
231. Notice to witness
232. Inspection of documents or things
233. Inquiry may continue despite court proceedings unless otherwise ordered
234. Offences by witnesses
235. Self-incrimination
236. False or misleading statements
237. False, misleading or incomplete documents
238. Contempt of board
239. Change of membership of board

Division 4--Protection of particular information

239AA. Limitations on disclosure etc. of restricted information
239AB. Release of restricted information in the interests of safety of transport by rail
239AC. Authorisation of coroner to have access to restricted information
239AD. Chief executive may authorise persons to have access to restricted information

Division 5--Relevant persons

239AE. Meaning of relevant person
239AF. Certification by chief executive of relevant person's involvement in investigation
239AG. Relevant persons not compellable as witnesses

Part 7--Land for railway purposes

239AH. Definitions for pt 7
239AI. Effect of resumption of particular interests in land
240. Sublease of land to railway managers
240AA. Interests in commercial corridor land continue after acquisition
240A. Registered interests in rail corridor land
240B. Unregistered rights in rail corridor land
240C. Lease of non-rail corridor land to railway manager
240D. Lease of non-rail corridor land to local government or government entity
240E. Access arrangements across proposed railway
240F. Cancellation of right of access
241. Railway tunnel easements
242. What is future railway land
243. Status of railway land
244. Existing rail transport infrastructure on land
245. Existing buildings on land
246. Railway works on corridor land
247. Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Integrated Planning Act

Part 8--General

248. QR Limited and wholly owned subsidiaries not common carriers
249. Railways on particular roads
250. Altering road levels
251. Maintaining roads crossing railways
252. No presumption of dedication of roads
253. Extending roads through or over rail corridor land or non-rail corridor land
254. Level crossings
255. Interfering with railway
256. Rectifying unauthorised interference
257. Trespassing on railway
258. Impact of particular development on railways
258A. Impact of change of management of local government road on railways
258B. Guidelines for ss 258-258A
259. Fencing new railways
260. Works for existing railways
260A. Transfer of obligations for existing railway to new railway manager
261. Non-accredited railways
262. Application of Land Act 1994
263. Limitation of liability for chief executive and rail safety officers
264. Helping in accidents or emergencies
265. Delayed passenger services
266. Priority for regularly scheduled passenger services in allocating train paths

CHAPTER 8--PORT INFRASTRUCTURE AND OTHER MATTERS

Part 1--Preliminary

267. Definitions for chapter
267A. Meaning of port facilities

Part 2--Establishment, declaration and abolition of port authorities

268. Establishment of new port authority
269. Port authority is excluded matter for Corporations Act
270. Abolition of port authority
271. Transfer of management of a port
272. Regulation may make transitional arrangements
273. Management of port by State or local government
274. Regulation may define port limits etc.
274A. Regulation may declare GOC Act entity to be port authority

Part 3--Functions and powers of port authorities

275. Functions of port authorities
276. Port services function
277. Powers of port authorities subject to Marine Safety Act
278. Powers of port authorities
278A. Functions and powers of port authority that is a GOC not limited

Part 3A--Liability for, and recovery of, charges and expenses

279. Port authority may impose a charge
280. Liability for a charge in relation to a ship
281A. Liability for a charge in relation to goods
281B. Liability for a charge in relation to passengers
281C. Payment of a charge and interest on an unpaid charge
281D. Liability for movement of ships, vehicles, goods or rolling stock
281E. Liability for damage to port authority's port facilities
281F. Security for payment of charges and potential liabilities

Part 3B--Control of activities at ports

Division 1--Port notices

282. Port authority may control activities by port notice
282A. Port notice—movement or mooring of, or activities on or by, ships
282C. Port notice—movement, handling or storage of goods
282D. Port notice—movement of persons
282E. Port notice—parking or stopping of vehicles
282F. Port notice—movement, stopping or parking of rolling stock
282G. Display or publication of port notices
282H. Port notice may refer to documents held by port authority
282I. Port notices generally
282J. Offence of not complying with a port notice

Division 2--Authorised officers

282K. Appointment and qualifications of authorised officers
282L. Appointment conditions and limit on powers
282M. Issue of identity card
282N. Production or display of identity card
282O. When authorised officer ceases to hold office
282P. Return of identity card

Division 3--Directions

282Q. Authorised officer may give directions
282R. If a person does not comply with a direction
282S. Offence of not complying with a direction

Division 4--Moving contravening property

282T. Moving contravening property

Division 5--Other powers and offences

283. Power to require name and address
283A. Inspection of documents
283B. Inspection of ships, vehicles, rolling stock and goods
283C. Obstructing authorised officer
283D. False or misleading statement
283E. False or misleading document
283F. Impersonating an authorised officer
283G. Conduct causing public nuisance
283H. Interfering with port notices

Part 4--Land management

Division 1--Strategic port land

284. Definitions for div 1
285. Land use plans
285A. Statement of proposal for preparation of a land use plan or amendment of a plan
285B. Draft plan for preparation of a land use plan or amendment of a plan
285C. Consultation on statement of proposal or draft plan
285D. Directions by Minister for amendment of draft plan
286. Approval of land use plans
287. Strategic port land not subject to planning schemes

Division 2--General

288. Restrictions on dealing in property
289. Port marine operational area

Part 4A--Port approvals

289A. Application of pt 4A
289B. Definitions for pt 4A
289C. Application for approval
289D. Port authority may grant approval, with or without conditions
289E. Change of conditions on an approval
289F. Decision by port authority in relation to approval
289G. Review of and appeals against decisions

Part 4B--Disposal of abandoned property

289H. Definitions for pt 4B
289I. Reasonable steps must be taken to find owner
289J. A person may claim property
289K. If property not claimed
289L. Sale of perishable property
289M. Proceeds from the sale of abandoned property
289N. Abandoned property of no value

Part 5--General

290. Protection from liability
291. Carrying on port activities outside port limits
292. Offences
294. Transitional provisions applying in relation to port authorities that are candidate GOCs
295. Notices at entrances

CHAPTER 9--BUSWAYS AND BUSWAY TRANSPORT INFRASTRUCTURE

Part 1--Preliminary

296. Ways of achieving busway objectives

Part 2--Chief executive's functions and powers

297. Functions
298. Authority to enter or temporarily occupy or use land
299. When land may be entered, occupied or used
300. Compensation

Part 3--Establishment of busways

301. Definition for pt 3
302. Declaration of land as busway land
303. Effect on land of busway declaration
303AA. Sublease of lease of busway land
303A. Declaration of common areas for busways and roads
303B. Effect of declaration of busway common area
303C. Relationship with Local Government Act 1993, s 901
304. Development of busway and busway transport infrastructure

Part 4--Management of busway land and busway transport infrastructure

Division 1--Transport infrastructure interaction

305. Altering road levels by a local government
306. Watercourses and busway transport infrastructure works
307. Permitted construction by local government of roads over or under busway land
308. Powers of chief executive for busway transport infrastructure works contracts etc.
309. Distraction of traffic on busway
310. No presumption of dedication of road

Division 2--Interfering with busway transport infrastructure

311. Interfering with busway transport infrastructure
312. Rectifying unauthorised interference or works

Division 3--Ancillary works and encroachments

313. Ancillary works and encroachments
314. Presumptions about advertising sign
315. Alteration etc. of ancillary works and encroachments

Division 4--Public utility plant

316. Definition for div 4
317. Retention of ownership of public utility plant
318. Public utility plant on busway land
319. Chief executive must give provider information
320. Public utility provider to consult with chief executive before replacing public utility plant
321. Public utility provider to comply with chief executive's agreement
322. Chief executive may require public utility provider to alter position of public utility plant
323. Information by public utility provider to chief executive
324. Liability for damage caused by failure to comply with request for information
325. Liability for damage caused by failure to give enough detail about location of public utility plant
326. Liability for damage caused because of failure to comply with chief executive's requirements
327. Liability of public utility provider to pay additional expenses incurred by chief executive
328. Replacement or reconstruction of public utility plant

Division 5--Use of busway or busway transport infrastructure

329. Trespass on busway or busway transport infrastructure

Division 6--Compensation entitlements

330. Definitions for div 6
331. No entitlement to compensation for particular matters
332. Compensation for reduced market value of interest in land
333. Compensation of person in actual occupation for interference with enjoyment of land
334. Chief executive may supply or contribute to new access arrangements
335. Obtaining compensation

Part 4A--Accreditation as busway manager

335AA. Reference to busway in pt 4A
335AB. Only accredited person can manage busway
335AC. Application for accreditation
335AD. Additional information for application
335AE. Giving accreditation
335AF. Annual levy
335AG. Accreditation conditions
335AH. Requiring accreditation conditions to be complied with
335AI. Accreditation period
335AJ. Amending accreditation conditions on application
335AK. Amending accreditation conditions without application
335AL. Suspending or cancelling accreditation
335AM. Immediate suspension of accreditation
335AN. Limited suspension of accreditation
335AO. Surrender of accreditation
335AP. Accreditation for proposed busway

Part 5--Busway authorisation

335A. Definitions for pt 5
336. Who may drive on a busway
337. Applying for authorisation as authorised busway user
338. Considering application for authorisation
339. Authorisation conditions
340. Requiring authorisation conditions to be complied with
341. Authorisation period
342. Amending authorisation conditions on application
343. Amending authorisation conditions without application
344. Suspending or cancelling authorisation
345. Immediate suspension of authorisation
346. Surrender of authorisation

Part 6--Busway safety officers

Division 1--Preliminary

346A. Definition for pt 6

Division 2--Appointment of busway safety officers

346B. Appointment and qualifications
346C. Appointment conditions and limit on powers

Division 3--Identity cards

346D. Issue of identity card
346E. Production or display of identity card

Division 4--Ceasing to hold office

346F. When busway safety officer ceases to hold office
346G. Resignation
346H. Return of identity card

Division 5--Powers

346I. Powers of busway safety officer
346J. Direction to ensure orderly movement
346K. Direction to person creating disturbance to leave busway or busway transport infrastructure
346L. Direction to ensure safety and security
346M. Power to require name, address and age

Division 6--Provisions relating to evidence of offences

346N. Seizing evidence
346O. Securing seized things
346P. Tampering with seized things
346Q. Receipts for seized things
346R. Forfeiture of seized things
346S. Forfeiture on conviction
346T. Dealing with forfeited things etc.
346U. Return of seized things
346V. Access to seized things

Division 7--Miscellaneous

346W. Protection from liability
346X. False or misleading information
346Y. False or misleading documents
346Z. Compensation
346ZA. Busway safety officer to give notice of damage
346ZB. Obstructing busway safety officer
346ZC. Impersonating busway safety officer

CHAPTER 10--LIGHT RAIL AND LIGHT RAIL TRANSPORT INFRASTRUCTURE

Part 1--Preliminary

347. Ways of achieving light rail objectives

Part 2--Chief executive's functions and powers

348. Functions
349. Authority to enter or temporarily occupy or use land
350. When land may be entered, occupied or used
351. Compensation

Part 3--Establishment of light rail

352. Definition for pt 3
353. Declaration of land as light rail land
354. Effect on land of light rail declaration
355. Sublease of lease of light rail land
356. Development of light rail and light rail transport infrastructure

Part 4--Management of light rail land and light rail transport infrastructure

Division 1--Transport infrastructure interaction

357. Altering road levels by a local government
358. Permitted construction by local government of roads over or under light rail land
359. Designation of light rail land for use as road under local government control
360. Designation of light rail land for use as State-controlled road
360A. Powers of chief executive for light rail transport infrastructure works contracts etc.
361. No presumption of dedication of road

Division 2--Interfering with light rail transport infrastructure

362. Interfering with light rail transport infrastructure
363. Rectifying unauthorised interference or works

Division 3--Public utility plant

364. Definitions for div 3
365. Retention of ownership of public utility plant
366. Public utility plant on light rail land
367. Chief executive must give provider information
368. Public utility provider to consult with chief executive before replacing public utility plant
369. Public utility provider to comply with light rail authority's agreement
370. Chief executive may require public utility provider to alter position of public utility plant
371. Information by public utility provider to chief executive
372. Liability for damage caused by failure to comply with request for information
373. Liability for damage caused by failure to give enough detail about location of public utility plant
374. Liability for damage caused because of failure to comply with light rail authority's requirements
375. Liability of public utility provider to pay additional expenses incurred by light rail authority
376. Replacement or reconstruction of public utility plant

Division 4--Use of light rail or light rail transport infrastructure

377. Trespass on light rail land or light rail transport infrastructure

Division 5--Compensation entitlements

378. Definitions for div 5
379. No entitlement to compensation for particular matters
380. Compensation for reduced market value of interest in land
381. Compensation of person in actual occupation for interference with enjoyment of land
382. Chief executive may supply or contribute to new access arrangements
383. Obtaining compensation

Part 5--Accreditation provisions for light rail

384. Reference to light rail in pt 5
385. Accreditation of managers and operators
386. Applications for accreditation
387. Additional information for applications
388. Giving accreditation
389. Annual levy
390. Accreditation conditions
391. Requiring accreditation conditions to be complied with
392. Accreditation period
393. Amending accreditation conditions on application
394. Amending accreditation conditions without application
395. Suspending or cancelling accreditation
396. Immediate suspension of accreditation
397. Limited suspension of accreditation
398. Surrender of accreditation
399. Accreditation for proposed light rail

Part 6--Light rail incidents

400. Application of ch 7, pt 6 and other provisions

CHAPTER 11--INVESTIGATING POTENTIAL BUSWAY OR LIGHT RAIL

401. Purpose of ch 11
402. Definitions for ch 11
403. How to apply for investigator's authority
404. Additional information about application
405. Giving investigator's authority
406. Investigator's authority
407. What investigator must do before land is entered for the first time
408. Investigator to issue associated person with identification
409. Pretending to be an investigator or associated person
410. Investigator to take care in acting under investigator's authority
411. Rectification of damage by investigator
412. Compensation payable by investigator
413. Release of bond or security deposit
414. Use of bond or security deposit to repair or rectify

CHAPTER 12--MISCELLANEOUS TRANSPORT INFRASTRUCTURE

Part 1--Preliminary

415. Definitions for ch 12
416. Meaning of miscellaneous transport infrastructure

Part 2--Operational licences and approvals for licensees

Division 1--Definitions

417. Definition for pt 2

Division 2--Granting operational licences

418. Minister may grant operational licence

Division 3--Approvals for licensees for intersecting areas

419. Purpose and scope of div 3
420. Approvals
421. Refusal to grant approval
422. Licensee may apply to Minister if approval not granted

Division 4--Conditions for approvals

423. Approval conditions
424. Notice of approval conditions

Division 5--Arbitration of approval conditions

425. Notice of dispute
426. Appointment of arbitrator
427. Arbitrator's functions
428. Arbitrator's powers
429. Hearing procedures
430. Effect of arbitrator's decisions

Division 6--Miscellaneous

431. Miscellaneous transport infrastructure remains property of licensee
432. Compensation to responsible entity from licensee

Part 3--Authorities to occupy and use land

433. Temporary use and occupation of land
434. Notice of entry or permission to enter
435. Compensation for physical damage from entry etc.

Part 4--Powers of chief executive over required land

436. Chief executive may grant interests in land

Part 5--Miscellaneous

437. Effect of chapter on other Acts

CHAPTER 13--FUNCTION OF QR LIMITED

438. Function

CHAPTER 14--TRANSPORTING DANGEROUS GOODS BY RAIL

Part 1--Introductory

439. Purposes of ch 14
440. Application of ch 14
441. Ch 14 binds all persons

Part 2--Regulations

442. Regulations about dangerous goods

Part 3--Approvals and exemptions

Division 1--Exemptions

443. Exemptions

Division 2--Amending, suspending or cancelling approval or exemption

444. Grounds for amending, suspending or cancelling approval or exemption
445. What chief executive must do before taking proposed action, other than for class exemption
446. What chief executive must do before taking proposed action for class exemption
447. Decision on proposed action
448. Sections 445-447 do not apply to beneficial or clerical amendment
449. Immediate suspension in the public interest

Part 4--Offences

451. Duties when transporting dangerous goods
452. Exclusion orders prohibiting involvement in the transport of dangerous goods by rail

Part 5--Recovery of costs and forfeiture

453. Forfeiture if conviction relates to dangerous goods
454. Dealing with forfeited things etc.
455. Recovery of costs from convicted person
456. Recovery of costs of government action

Part 6--Miscellaneous

457. Facilitation of proof
457A. Document signed by chief executive is evidence of matters stated in it if no evidence to the contrary
458. Helping in accidents or emergencies

Part 7--Goods too dangerous to be transported

458A. Application of Act to goods too dangerous to be transported
458B. Consignment of goods too dangerous to be transported prohibited
458C. Regulations

CHAPTER 15--PUBLIC MARINE TRANSPORT INFRASTRUCTURE

Part 1--Public marine facilities

459. Appointment of manager of public marine facility
460. Manager's responsibility for maintenance and injuries etc.
461. Management by chief executive
462. Management by local government
463. Management by port authority
464. Management by another person
465. Exercise of manager's powers to be consistent with conditions
466. Fees
467. When manager may resign
468. Removal of improvements added by manager
469. Regulation prevails over action taken by a manager under this part

Part 2--Management of waterways

470. Object of pt 2
471. Functions of chief executive under pt 2
472. Waterway transport management plan
473. Contents of a waterway transport management plan
474. Notice of draft waterway transport management plan
475. Other laws prevail over waterway transport management plan

CHAPTER 16--GENERAL PROVISIONS

476. Amounts payable to chief executive are debts owing to the State
476A. Chief executive may give information to corresponding authority
477. Power to require information from local governments
477A. Power to deal with particular land
478. Conduct of company directors, employees or agents
479. Approval of forms
480. Disposal of fees, penalties etc.
481. No need to prove appointments
482. Prosecutions for offences committed while travelling on a railway
483. Proceedings for offences
484. Attempts to commit offences
485. Review of and appeals against decisions
486. Application of Judicial Review Act
487. Altering watercourse to adversely affect transport route
488. Altering materials etc.
489. Recovery of cost of damage
490. Regulations

CHAPTER 17--SAVINGS AND TRANSITIONAL PROVISIONS, AMENDMENTS AND REPEALS

Part 1--Savings and transitional provisions about ports

492. Continuation of pt 5, div 2 of Port of Brisbane Authority Act
493. Expiries under this part

Part 2--General savings and transitional provisions

Division 1--Transition of references about roads

494. Application of division
495. Transport Infrastructure (Roads) Act 1991 references
496. Main Roads Act 1920 references
497. Commissioner of Main Roads references
498. Declared road references
499. Motorway references
500. Main Roads Fund references

Division 2--Transition of references about railways

501. Application of division
502. Railways Act 1914 references
503. Transport Infrastructure (Railways) Act 1991 references
504. Commissioner for railways references
505. Railways Department references
506. Queensland Railways references

Division 3--Transition of references about ports

507. Application of division
508. Harbours Act 1955 and Port of Brisbane Authority Act 1976 references
509. Harbour board references
510. Harbour references
511. Harbours Corporation and Harbours Trust references
512. Gold Coast Waterways Authority references

CHAPTER 18--FURTHER TRANSITIONAL PROVISIONS AND DECLARATION

Part 1--Transitional provisions for the Integrated Planning Act 1997

513. Continuing application of previous provisions to non-IDAS applications
514. Applications for approval of subdivisions, rezoning or development

Part 2--Transitional provisions for the Transport Legislation Amendment Act 2000

515. Definitions for pt 2
516. Transitional—access-limited roads
517. Transitional—previous decisions about access
518. Transitional—ancillary works and encroachments
519. Transitional—wharf or other harbour work

Part 3--Transitional provisions for the Transport Infrastructure and Another Act Amendment Act 2003

520. Application of part
521. Definitions for pt 3
522. Inclusion of s 120
523. Approved safety management system for person who is accredited at commencement
524. Certificate of accreditation given before commencement
525. Annual levy before commencement
526. Accreditation conditions
527. How to deal with application for amending accreditation conditions made before commencement
528. Actions to amend accreditation conditions without application or to suspend or cancel accreditation
529. Appeals
530. Declaration about s 521, definition previous

Part 4--Transitional provision for the Transport Infrastructure Amendment Act 2004

531. Statements about derailment

Part 5--Transitional provisions for the Transport Infrastructure and Other Legislation Amendment Act 2005

532. Definitions for pt 5
533. Approvals
534. Proceedings
535. Land use plans
536. Detained property
538. Things done under re-enacted provision

Part 6--Transitional provisions for the Transport Legislation Amendment Act 2005

Division 1--Transitional provision for port authorities

539. Port authorities

Division 2--Transitional provisions for busways

540. Busway authorisation
541. Busway safety officers
542. Offences

Part 7--Transitional provisions for Transport and Other Legislation Amendment Act 2005

543. Transitional provision for toll roads
544. Transitional provision for north-south bypass tunnel project

Part 8--Transitional provision for Maritime and Other Legislation Amendment Act 2006

545. Making and approval of waterway transport management plan

Part 9--Transitional provision for Transport Legislation Amendment Act 2008, part 3, division 2

546. Transitional provision for toll roads

Part 10--Transitional provision and declaration for Transport and Other Legislation Amendment Act 2008, part 3, division 12

547. Declaration about particular subleases
548. Declaration about sch 4 easements
549. Exercise of power under s 241
550. Application of s 260A in relation to transfer of sublease 701720343

Part 11--Transitional provision for Right to Information Act 2009

551. Effect of regulation amendment
SCHEDULE 1 -- SUBJECT MATTER FOR REGULATIONS
SCHEDULE 2 -- SUBJECT MATTER FOR WATERWAY TRANSPORT MANAGEMENT PLANS
SCHEDULE 3 -- REVIEWS AND APPEALS
SCHEDULE 4 -- RAILWAY TUNNEL EASEMENTS
SCHEDULE 5 -- TOLLING MATTERS FOR TOLL ROAD OR LOCAL GOVERNMENT TOLLWAY
SCHEDULE 5A -- OTHER MATTERS FOR CONDITIONS FOR LOCAL GOVERNMENT TOLLWAYS
SCHEDULE 6 -- DICTIONARY
Endnotes

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