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TRANSPORT PLANNING AND COORDINATION ACT 1994 - As at 19 February 2024 - Act 2 of 1994

- As at 19 February 2024 - Act 2 of 1994

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Objectives
  • 3 Definitions

PART 2 - TRANSPORT COORDINATION PLAN

  • 4 Development of transport coordination plan
  • 5 Contents of transport coordination plan
  • 6 Transport coordination plan to be consistent with overall strategic planning for government etc.
  • 7 Tabling of transport coordination plan
  • 8 Effect of failure to comply with pt 2

PART 2A - LAND USE AND TRANSPORT COORDINATION

  • 8A Object of pt 2A
  • 8B Impact of particular development on public passenger transport or active transport
  • 8C Impact of road works on identified local government roads
  • 8D Impact of change of management of local government road on scheduled passenger services
  • 8E Guidelines for pt 2A

PART 3 - (Repealed)

PART 4 - FUNCTIONS, POWERS AND PROPERTY

Division 1 - General

  • 22 Chief executive’s coordination and strategic planning functions
  • 23 Functions of chief executive not limited by implication
  • 24 General powers of chief executive
  • 25 General powers regarding property
  • 26 Taking of land by the chief executive for future transport purposes
  • 26A Changing requirement for transport land
  • 27 Power of chief executive to lease, sell or otherwise dispose of land for transport purpose
  • 27A Power of chief executive to dispose of land
  • 28 Value of particular works does not affect compensation payable
  • 28AA. (Repealed)

Division 2 - Transport easement for support

  • 28AB Definitions for div 2
  • 28AC Meaning of transport easement for support
  • 28AD Application of div 2
  • 28AE Rights and liabilities relating to benefited land and burdened land
  • 28AF Notice of entry
  • 28AG Continuation of transport easement for support
  • 28AH Terms bind successors in title

PART 4A - SPECIAL PROVISIONS FOR BUSWAYS

  • 28A Definitions for part
  • 28B Busway land acquisition
  • 28BA Further provisions relating to land acquisitions for busways on or after 13 October 2000
  • 28C Construction contracts

PART 4B - SPECIAL PROVISION FOR LOCAL GOVERNMENT TOLLWAYS

  • 28D Powers regarding property
  • 28DA Approved tollway project becomes local government tollway

PART 4C - BIOMETRIC DATA AND OTHER INFORMATION FOR PRESCRIBED AUTHORITIES

Division 1 - Preliminary

  • 28E Definitions for pt 4C

Division 2 - Taking, keeping and using biometric data and other information

  • 28EA Taking a digital photo and digitised signature for use under this or another Act
  • 28EB Extending shelf life of a digital photo and digitised signature
  • 28EC Using a digital photo and digitised signature
  • 28ED Restricted access to a digital photo and digitised signature
  • 28EE Deleting a digital photo or digitised signature from register or similar record
  • 28EF Destruction of a digital photo or digitised signature
  • 28EG Restricted access to information stored electronically on a smartcard identification authority
  • 28EH Retention period for a digital photo or digitised signature generally
  • 28EHA Retention period for a digital photo or digitised signature for persons applying for a learner licence and other prescribed matters

PART 4D - NATIONAL IDENTITY MATCHING SERVICES

Division 1 - Preliminary

  • 28EI Definitions for part
  • 28EJ Part binds all persons

Division 2 - Document verification service

  • 28EK Disclosure of information about prescribed authorities

Division 3 - Other identity matching services

  • 28EL Application of division
  • 28EM Disclosure of identity information by chief executive
  • 28EN Collection and use of identity information by chief executive
  • 28EO Collection, use and disclosure by host agency
  • 28EP Disclosure, use or collection must be for permitted purpose
  • 28EQ Misuse of identity information
  • 28ER Inconsistency with other laws

PART 4E - DIGITAL AUTHORITIES, DIGITAL EVIDENCE OF AGE AND DIGITAL EVIDENCE OF IDENTITY

Division 1 - Preliminary

  • 29AA Main purposes of part
  • 29AB Definitions for part
  • 29AC Meaning of digital authority
  • 29AD Meaning of digital evidence of age
  • 29AE Meaning of digital evidence of identity
  • 29AF Chief executive may approve app

Division 2 - Use of digital authority, digital evidence of age or digital evidence of identity

  • 29AG Definitions for division
  • 29AH Use of digital authority
  • 29AI Use of digital evidence of age and digital evidence of identity

PART 5 - REVIEW OF AND APPEALS AGAINST DECISIONS

Division 1 - General

  • 29 What part applies to
  • 30 Definitions

Division 2 - Review of original decisions

  • 31 Applying for review
  • 32 Stay of operation of original decision
  • 33 Review panels
  • 34 Decision on review

Division 3 - Appeals against reviewed decisions

  • 34A Application of div 3
  • 35 Time for making appeals
  • 36 Starting appeals
  • 36A Stay of operation of reviewed decision
  • 36B Powers of appeal court on appeal
  • 36C Effect of decision of appeal court on appeal
  • 36D Assessors
  • 36DA. (Repealed)

PART 6 - GENERAL

  • 36E Advisory committees
  • 36F Keeping and using information obtained or kept under particular transport Acts or Photo Identification Card Act 2008
  • 36G Smartcard transport authority
  • 36GA Confidentiality
  • 36H Service of document by post
  • 36I Giving information to approved agencies to enable use of information for particular purposes
  • 36J Use of information permitted despite other provisions
  • 36K Misuse of particular information given
  • 36L Extra-territorial application of offence provision
  • 36M Protection from liability
  • 37 Delegation by the Minister or the chief executive
  • 37A. (Repealed)
  • 38 Regulation-making power

PART 7 - TRANSITIONAL PROVISIONS

Division 1 - Provision for Transport and Other Legislation Amendment Act 2014

  • 39 Easement for support registered before commencement

Division 2 - Provisions for Holidays and Other Legislation Amendment Act 2015

  • 40 Extension of shelf life of a digital photo or digitised signature under another Act
  • 41 Retention period for a digital photo or digitised signature taken under another Act
  • 42 Access to digital photos under other Transport Acts to be included in annual report

Division 3 - Provisions for Transport and Other Legislation Amendment Act 2017

  • 43 Definition for division
  • 44 Existing road works on local government roads
  • 45 Existing applications for approval of management change

Division 4 - (Expired)

Division 5 - (Expired)

Division 6 - Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022

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