TRANSPORT INFRASTRUCTURE ACT 1994 - As at 19 February 2024 - Act 8 of 1994
TRANSPORT INFRASTRUCTURE ACT 1994
- As at 19 February 2024
- Act 8 of 1994
TABLE OF PROVISIONS
Long Title
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
9A. Beneficial assets
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 GOVERNMENT ENTITIES
20. Matters transport government entities must take into account
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
49A. Impact of particular development and State-controlled roads
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
62A. Particular applications taken to be application for decision under s 62(1)
63. Request for information
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)
67A. Request for copy of decision made 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 particular development approvals
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
84CA. Effect of additional State toll road corridor land declaration on leases
84CB. Effect of State toll road corridor land declaration on State-controlled road declaration
84D. Compensation
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
93AA. Application of s 93 to QML network
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. Definitions for div 3
98. Liability for image processing fee and administration charge in addition to unpaid toll
99. Notice to vehicle’s registered operator
99AA. Single notice under ss 99 and 105ZH
99A. Corporation may be taken to be driver of vehicle
100. Notice to information holder
101. Notice to person identified as driver
101A. Single notice under ss 101 and 105ZK
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
105D. (Repealed)
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
105JAA. Effect of additional local government tollway corridor land declaration on leases
105JAB. Effect of local government tollway corridor land declaration on State-controlled road declaration
105JA. Compensation
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. Definitions for sdiv 3
105ZG. Liability for image processing fee and 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
PART 10 - GENERAL PROVISION FOR PARTICULAR APPLICATIONS
105ZQ. Applications for particular decisions
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
109A. Chief executive may enter land to investigate potential rail corridor
109B. (Expired)
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. Relevant person to issue associated person with identification
116. Pretending to be an investigator etc.
117. Relevant person to take care in acting under authority
118. Compensation payable by relevant person
PART 3 - (Repealed)
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 - (Repealed)
PART 6 - (Repealed)
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
240AAA. Compensation for registered interests not continued
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
244A. Duplicated and replacement rail infrastructure on land
245. Existing buildings on land
246. (Repealed)
247. Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act
PART 8 - GENERAL
248. Rail government entity not common carrier
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 and 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. (Repealed)
261. (Repealed)
262. Application of Land Act 1994
263. (Repealed)
264. (Repealed)
265. Delayed passenger services
266. Priority for regularly scheduled passenger services in allocating train paths
266A. Allocation of preserved train paths
266B. Civil penalty for breach of train path obligation
266C. Giving of notice proposing imposition of penalty
266D. Submission against proposed imposition of penalty
266E. Giving of penalty notice
266F. Appeal against imposition of penalty by penalty notice
266G. Proceeding for civil penalty order
266H. Conduct by directors, servants or agents of railway manager for provisions about civil penalty
CHAPTER 8 - PORT INFRASTRUCTURE AND OTHER MATTERS
PART 1 - PRELIMINARY
267. Definitions for chapter
267AA. Meaning of port area
267A. Meaning of port facilities
PART 1A - (Repealed)
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 or port lessor 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
279A. Relevant entity may impose charges
279B. Port agreement
280. Liability for a charge in relation to a ship
281. (Repealed)
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 facilities
281F. Security for payment of charges and potential liabilities
PART 3B - CONTROL OF ACTIVITIES AT PORTS
Division 1 - Port notices
282. Port authority or port lessor may control activities by port notice
282AA. Port lessor may give port notice requiring information
282A. Port notice—movement or mooring of, or activities on or by, ships
282B. (Repealed)
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, port lessor or port lessor’s delegate
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 3C - LAND MANAGEMENT—PORT OF BRISBANE
Division 1 - Preliminary
283I. Definitions for pt 3C
283J. Treasurer may declare land to be Brisbane core port land or balance port land
283K. What is Brisbane core port land
283L. What is balance port land
283M. Application of Planning Act
283N. Brisbane core port land not subject to local planning instrument
Division 2 - Particular provisions about balance port land and planning schemes
283O. Balance port land is not strategic port land
283P. Amendment of planning schemes
Division 3 - Plan for land use on Brisbane core port land
Subdivision 1 - First Brisbane port LUP
283Q. Notice of first plan
283R. Status of first plan
Subdivision 2 - Content and review of Brisbane port LUP
283S. Content of plan—mandatory requirements
283T. Content of plan—matters about development
283U. Requirement to review plan
283V. Action port operator must take after review
283W. Report about review if decision is to take no action
283X. When plan must include priority infrastructure interface plan
Subdivision 3 - Preparation and amendment of Brisbane port LUP by port operator
283Y. Statement of proposal for preparation or amendment of Brisbane port LUP
283Z. Brisbane port LUP may be amended to identify additional land
283ZA. Draft plan for preparation or amendment of Brisbane port LUP
283ZB. Consultation on statement of proposal or draft plan
283ZC. Consideration of draft plan and submissions
283ZD. Directions for amendment of draft plan
283ZE. Approval of plans
283ZF. Port operator to publish approved plan
283ZG. Recovery of Ministers’ costs
Subdivision 4 - Miscellaneous
283ZH. Notification about Brisbane port LUP
283ZI. Recording matters about Brisbane port LUP
283ZJ. Ministerial direction to port operator
Division 4 - Effect of land becoming or ceasing to be Brisbane core port land
283ZK. Effect of land becoming Brisbane core port land
283ZL. Effect of land ceasing to be Brisbane core port land
Division 5 - Particular matters about development on Brisbane core port land
Subdivision 1 - Preliminary
283ZM. Reconfiguring a lot
283ZN. Port prohibited development
283ZO. Code assessment under Brisbane port LUP
Subdivision 2 - Provisions about local heritage places and infrastructure contributions
283ZP. (Repealed)
283ZQ. (Repealed)
283ZR. (Repealed)
283ZS. (Repealed)
283ZT. (Repealed)
283ZU. (Repealed)
283ZV. Development on heritage places
283ZW. (Repealed)
283ZX. (Repealed)
283ZY. (Repealed)
283ZZ. Restriction on conditions of development approvals
Subdivision 3 - Application of particular provisions of Planning Act
283ZZA. Particular provisions of Planning Act do not apply in relation to Brisbane core port land
283ZZB. Modified application of Planning Act, s 265
283ZZC. Restriction on designation of premises for development of infrastructure
283ZZD. (Repealed)
Subdivision 4 - Notice of development approval
283ZZE. Requirement to give notice of development approval and infrastructure agreement
Subdivision 5 - Delegation
283ZZF. Delegation of particular functions of planning chief executive
Subdivision 6 - Development approvals affected by change
283ZZG. Brisbane port LUP does not affect existing development approval
283ZZH. Planning scheme can not affect existing development approval
283ZZI. Changing status of land—effect on development approvals
Subdivision 7 - Dealing with particular applications affected by change
283ZZJ. Particular applications—Brisbane core port land
283ZZK. Particular applications—balance port land or former Brisbane core port land
Division 6 - Dealings with Brisbane port land
283ZZL. Definitions for div 6
283ZZM. Grant of port land
283ZZN. Leases and licences under Land Act
283ZZO. Amendment of area of subleases of port land
283ZZP. Delegation by Minister
283ZZQ. Application of Land Act and registration
PART 4 - LAND MANAGEMENT—PORTS OTHER THAN PORT OF BRISBANE
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 local planning instrument
Division 2 - General
287A. Impact of particular development and port operations
287B. Guidelines for s 287A
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. Internal review of decisions
289GA. External review of 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 4C - PORT OF BRISBANE—LAND TAX AND RATES
289O. Owner of land for land tax purposes
289P. Owner of land for rating purposes
289Q. When port lessor, port lessee or port manager is not liable to pay royalties or similar charges
PART 4D - PORT OF BRISBANE—MATTERS RELATING TO WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008
289R. Definition for pt 4D
289S. Words have the same meaning as in the Water Supply Act
289T. Port operator is service provider
289U. Entry into service provider register
289V. Sewerage infrastructure for Port of Brisbane
289W. No effect on ownership
289X. Port land trade waste approvals
PART 4E - PORT OF BRISBANE—OTHER MATTERS
289Y. Declaration of port lessor and port lessees
289Z. Delegation by port lessor to port lessee or port manager
289ZA. Appointment of port manager
289ZB. Liability for acts of authorised officers and others, and related matters
289ZC. Application of particular local laws to Brisbane core port land
289ZD. Delayed application of new local laws to Brisbane core port land
289ZE. Port lessor may substitute for port lessee
PART 5 - GENERAL
290. Protection from liability
291. Carrying on port activities outside port limits
292. Offences
293. (Repealed)
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
303AAA. Compensation for registered interests not continued
303AA. Sublease of lease of busway land
303AB. Licence in relation to busway land or busway transport infrastructure
303AC. Compensation for licence granted under s 303AB
303A. (Repealed)
303B. (Repealed)
303C. (Repealed)
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 - (Repealed)
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 - (Repealed)
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
355A. Licence in relation to light rail land or infrastructure
355B. Compensation for licence granted under s 355A
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
361A. Definition for div 2
362. Interfering with light rail transport infrastructure or works
363. Rectifying unauthorised interference
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 light rail authority 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 light rail authority
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, light rail land, light rail transport infrastructure or light rail transport infrastructure works site
Division 4A - Franchised light rail
Subdivision 1 - Preliminary
377A. Objectives of division
Subdivision 2 - Franchised light rail
377B. Power to enter into light rail franchise agreements
377C. Operating public passenger service under agreement
377D. Tabling of light rail franchise agreements
377E. Report on operation of division
377F. Recovery of money
377G. Rateability of land
377H. Guarantees and undertakings
Subdivision 3 - (Repealed)
Subdivision 4 - Miscellaneous
377Q. Severance of light rail transport infrastructure
377R. Limited compensation for easements etc. or damage relating to overhead wiring for a light rail
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 - (Repealed)
PART 6 - (Repealed)
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 - SHAREHOLDING REQUIREMENTS AND BUSINESS LOCATION OBLIGATIONS FOR QR NATIONAL
PART 1 - INTERPRETATION
438. Definitions for ch 13
PART 2 - DECLARATION OF QR NATIONAL
438A. Treasurer to declare QR National by gazette notice
PART 3 - REGULATION OF SHAREHOLDING INTERESTS
438B. Matters relating to relevant interests in shares
438C. Prohibited shareholding interest
438D. Power to require information relating to entitlement to shares in QR National
438E. Remedial orders
PART 4 - BUSINESS LOCATION OBLIGATIONS
438F. Business location obligations
PART 5 - GOVERNANCE
438G. Requirements about appointment of directors
438H. Related party access agreements
CHAPTER 14 - TRANSPORTING DANGEROUS GOODS BY RAIL
PART 1 - INTRODUCTORY
439. Purposes of ch 14
440. Application of chapter
441. Ch 14 binds all persons
441A. Definition for chapter
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
450. (Repealed)
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
461A. Management by Gold Coast Waterways Authority
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 - AUTHORISED PERSONS FOR WATERWAY MANAGEMENT REGULATION
Division 1 - Preliminary
470. Purpose of pt 2
471. Meaning of waterway management regulation
Division 2 - Appointment of authorised persons
472. Functions of authorised persons
473. (Repealed)
474. (Repealed)
475. (Repealed)
475A. Authorised persons
475B. Appointment conditions and limit on powers
475C. Issue of identity card to each authorised person
475D. Production or display of identity card
475E. When authorised person ceases to hold office
475F. Resignation
475G. Return of identity card
Division 3 - Powers of authorised persons
Subdivision 1 - Interpretation
475H. Definitions for div 4
Subdivision 2 - Entry of places by authorised persons
475I. Power to enter places
475J. Procedure for entry with consent
475K. Application for warrant
475L. Issue of warrant
475M. Warrants—procedure before entry
Subdivision 3 - Powers after entry
475N. General powers after entering places
475O. Power to require reasonable help or information
Subdivision 4 - Removal of watercraft
475P. Notice of intention to remove watercraft
475Q. Removing illegally anchored or moored watercraft
475R. Removal of hazardous watercraft
475S. Giving notice of removal of watercraft
475T. Dealing with removed watercraft
475U. Proceeds from the sale of removed watercraft
475V. Forfeiture by authorised person
475W. Dealing with forfeited sample or thing
Subdivision 5 - General enforcement matters
475X. Direction to stop contravening regulation
475Y. Power to require name and address
475Z. False or misleading statements
475ZA. False or misleading documents
475ZB. Obstruction of authorised person
475ZC. Impersonating an authorised person
475ZD. Notice of damage
475ZE. Protection from liability
CHAPTER 15A - TRANSPORT INTERFACE MANAGEMENT
475ZF. Purpose of ch 15A
475ZG. Definitions for ch 15A
475ZH. Meaning and scope of transport interface agreement
475ZI. Declaration of transport interface management area
475ZJ. Particular persons may enter into transport interface agreement
475ZK. Failure to enter into transport interface agreement
475ZL. Direction about arrangement that is to apply
475ZM. Guidelines about transport interfaces etc.
CHAPTER 16 - GENERAL PROVISIONS
476. Amounts payable are debts owing to the State
476A. Chief executive may give information to corresponding authority
476B. Power to require works to stop
476C. Compensation
476D. Registration of notice about nature of works
477. Power to require information from local governments
477A. Power to deal with particular land
477AA. Chief executive taken to be owner of particular transport land for particular circumstances under Planning Act
477B. Recording of information for land in transport noise corridor
477C. Concurrent subleases for declared projects
477D. Rent under Land Act 1994 leases for declared projects
477E. Licences under Land Act for declared projects
477F. Watercourse crossings
477G. Chief executive may approve a compliance management plan
477H. Chief executive may make a compliance management plan
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. Internal review of decisions
485A. External review of decisions
485B. Appeals against decisions
486. Application of Judicial Review Act 1991 to transport government entity
487. Altering watercourse to adversely affect transport route
488. Altering materials etc.
489. Recovery of cost of damage
490. Regulations
491. (Expired)
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 1976
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 particular 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
537. (Expired)
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 - (Repealed)
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. (Repealed)
PART 11 - (Repealed)
PART 12 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009
552. Application of s 247
PART 13 - TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2009
553. Application of s 258 to prescribed development applications
554. Application of s 287A to prescribed development applications
555. (Repealed)
PART 14 - TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010
556. Existing applications for approval for road access works
557. Particular applications for approval for road access works
558. Effect of change in definition rail transport infrastructure on development applications
CHAPTER 19 - TRANSITIONAL PROVISIONS FOR MEMBERS OF QR GROUP
559. Definitions for ch 19
560. Application of Judicial Review Act 1991 to member of QR Group during interim period
561. Member of QR Group as common carrier
CHAPTER 20 - TRANSITIONAL PROVISIONS FOR PORT OF BRISBANE
562. Definitions for ch 20
563. Alteration of port area of Port of Brisbane during interim period
564. References to port area of Port of Brisbane during interim period
565. References to port entity during interim period
566. References to relevant entity for charging during interim period
567. References to port authority for charging during interim period
568. Port notices of Port of Brisbane Corporation taken to be port notices of port lessor or delegate during transition period
569. Application of ch 8, pt 4D during interim period
570. When member of POBC Group not liable to pay royalties or similar charges
571. Authorised officers
572. Delegation
573. Abandoned property
574. Proceeds from the sale of abandoned property
575. (Repealed)
CHAPTER 21 - FURTHER TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR MOTOR ACCIDENT INSURANCE AND OTHER LEGISLATION AMENDMENT ACT 2010
576. Information to be provided about preserved train paths
PART 2 - (Repealed)
PART 3 - VALIDATION AND TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011
578. Declaration and validation for watercourse crossings
579. Interfering with railway
580. Interface management
581. Internal review of approvals for interfering with railway
PART 4 - TRANSITIONAL PROVISIONS FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2014
582. Recovery of chief executive’s costs for rail feasibility investigator’s authority
PART 5 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016
583. Definitions for part
584. Existing particular development applications
585. References to Brisbane port railway land
PART 6 - TRANSITIONAL PROVISIONS FOR TRANSPORT LEGISLATION (ROAD SAFETY AND OTHER MATTERS) AMENDMENT ACT 2019
586. Definitions for part
587. Existing applications under former ss 33 and 62
588. Existing requests for approval for ancillary works and encroachments
589. Existing approvals for ancillary works and encroachments
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5A
SCHEDULE 5B
SCHEDULE 6
ATTACHMENT - (Repealed)
