TRANSPORT INTEGRATION ACT 2010
TRANSPORT INTEGRATION ACT 2010
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 4. Order in Council declaring body to be a transport body or interface body 4A. Filming Approval Act 2014 5. Act binds the Crown PART 2--VISION STATEMENT, OBJECTIVES,PRINCIPLES AND STATEMENTS OF POLICY PRINCIPLES Division 1--Vision statement 6. Vision statement Division 2--Transport system objectives 7. Transport system objectives 8. Social and economic inclusion 9. Economic prosperity 10. Environmental sustainability 11. Integration of transport and land use 12. Efficiency, coordination and reliability 13. Safety and health and wellbeing Division 3--Decision making principles 14. Decision making principles 15. Principle of integrated decision making 16. Principle of triple bottom line assessment 17. Principle of equity 18. Principle of the transport system user perspective 19. Precautionary principle 20. Principle of stakeholder engagement and community participation 21. Principle of transparency Division 4--Statements of policy principles 22. Minister may issue a statement of policy principles Division 5--Interpretation and guidance 23. Interpretation 24. Application to a transport body 25. Application to an interface body 25A. Objects and functions of the Department and powers of the Secretary 26. Weight to be given to transport system objectives 27. Weight to be given to decision making principles 27A. Strategy and implementation plan 28. Effect of this Part PART 3--ADMINISTRATION Division 1--The Minister 29. General powers 30. Minister may appoint a person or establish a body to provide advice 31. Delegation by Minister 31A. Guidelines Division 2--The Department 32. Objects of the Department 33. Functions of the Department Division 3--The Secretary 33A. Functions of the Secretary 34. Powers of the Secretary 35. Recording of dealings 36. Compulsory acquisition of land 37. Powers to enter land for investigative purposes 38. Secretary subject to general direction and control of the Minister 38A. Directions from the Secretary 38B. Conflicting directions 39. Delegation by Secretary Division 3A--Public Transport Fund and Roads Fund 39A. Public Transport Fund 39B. Roads Fund 39C. Closure of funds PART 4--PLANNING 63. Transport plan 64. Corporate plans PART 4A--HEAD, TRANSPORT FOR VICTORIA 64A. Establishment 64AB. Official seal 64ABA. Execution of deeds without official seal and electronically 64AC. Head, Transport for Victoria represents the Crown 64AD. Role of entity Head 64AE. Appointment of entity Head 64AF. Appointment of acting entity Head 64B. Object of the Head, Transport for Victoria 64C. Functions of the Head, Transport for Victoria 64D. Powers of the Head, Transport for Victoria 64G. Compulsory acquisition of land 64H. Easements 64I. Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 64IA. Obligations of Head, Transport for Victoria in relation to the Great Ocean Road region 64J. Grant of unalienated Crown land 64JA. Obligations of Head, Transport for Victoria in relation to Yarra River land 64JB. Obligations of Head, Transport for Victoria in relation to declared areas 64JC. Disposal of assets in exchange for lease 64JD. Surplus land 64K. Acquisition of land or interest in land to achieve environmental sustainability 64L. Powers to enter land for investigative purposes 64M. Power to enter building 64N. Powers to enter land to construct or maintain works 64O. Financial accommodation 64P. Power of Treasurer to execute guarantee 64PA. Performance reports 64PB. Financial reports 64Q. Extra-territoriality 64R. Delegation by the Head, Transport for Victoria 64S. Contingency planning for exercise of certain powers 64SA. Reports to Minister and Secretary 64T. Directions from Minister and Secretary 64V. Delegations giving rise to conflict and effect PART 4B--TRANSPORT RESTRUCTURING ORDERS AND TRANSFER ORDERS Division 1--Transport Restructuring Orders 65. Purpose of Division 65AA. Effect of Transport Restructuring Order 65A. Transport Restructuring Orders—general provisions 65B. Limitations on power of Minister to recommend the making of a Transport Restructuring Order 65C. Transport Restructuring Order may confer additional duty, function or power on the Secretary 65D. Transport Restructuring Order may confer additional duty, function or power on a sector transport agency 65DA. Imposition and conferral of specific duties, functions and powers to support and assist in giving effect to Transport Restructuring Order 65E. Transport Restructuring Order may constitute a new sector transport agency 65F. Effect of conferral of duties, functions or powers 65G. Transitional regulations Division 2--Transfer Orders 66. Application of Division 66A. Definitions 66B. Transfer Orders 66C. Property, rights and liabilities transferred in accordance with Transfer Order 66D. Transfer subject to encumbrances 66E. Substitution of party to agreement 66F. Transferor transport body instruments 66G. Proceedings 66H. Interests in land 66I. Easements 66J. Action by Registrar of Titles 66K. Taxes 66L. Evidence 66M. Certificate of chief executive officer of transferor transport body 66MA. Certificate of chief executive of recipient transport body 66N. Transfer of employees 66O. Validity of things done under this Division PART 5--SAFE TRANSPORT VICTORIA 115A. Definitions 115B. Safe Transport Victoria 115C. Official seal 115D. Safe Transport Victoria represents the Crown 115E. Objects of Safe Transport Victoria 115F. Functions of Safe Transport Victoria 115G. Powers of Safe Transport Victoria 115H. Chief Executive 115I. Acting Chief Executive 115J. Ceases to hold office 115K. Suspension of Chief Executive 115L. Removal from office 115M. Validity of acts and decisions 115N. Extra-territoriality 115O. Staff of Safe Transport Victoria 115P. Personal liability 115Q. Directions 115R. Ministerial direction to investigate safety matter 115S. Safe Transport Victoria to conduct 115T. Guidelines 115U. Information disclosure by Safe Transport Victoria 115V. Delegation 115W. Delegation of functions by National Regulator PART 6--TRANSPORT CORPORATIONS Division 1--Victorian Rail Track 116. Victorian Rail Track 117. Trading name 118. Victorian Rail Track not to represent the Crown 119. Object of Victorian Rail Track 120. Functions of Victorian Rail Track 121. Compulsory acquisition of land 122. Easements 123. Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 124. Grant of unalienated Crown land 125. Land 125A. Victorian Rail Track powers to lease reserved and unreserved Crown land for up to 99 years 126. Powers to enter land to construct or maintain works 127. Obligations of Victorian Rail Track in relation to Yarra River land 127A. Obligations of Victorian Rail Track in relation to declared areas 127B. Obligations of Victorian Rail Track in relation to the Great Ocean Road region Division 2--V/Line Corporation 128. V/Line Corporation 129. Trading name 130. V/Line Corporation not to represent the Crown 131. Object of V/Line Corporation 132. Functions of V/Line Corporation 133. Contingency planning for exercise of certain powers Division 3--Ports Victoria 133A. Definitions 133B. Ports Victoria 133C. Ports Victoria not to represent the Crown 133D. Object of Ports Victoria 133E. Functions of Ports Victoria 133F. Public interest functions of Ports Victoria 133G. Ports Victoria may provide services for fee or charge Division 3C--Port of Hastings Corporation 141Q. Establishment of Port of Hastings Corporation 141R. Port of Hastings Corporation not to represent the Crown 141S. Object of Port of Hastings Corporation 141T. Functions of Port of Hastings Corporation 141U. Acquisition or disposal of land by Port of Hastings Corporation to be subject to consultation with the Secretary and approval by Minister 141V. Public interest functions Division 4--Provisions applying to Transport Corporations 142. Transport Corporation is a body corporate 142A. Application 143. Board of directors 144. Constitution of board of directors 145. Appointment of directors 146. Acting appointments 147. Chief executive officer and other employees 148. Vacancies, resignations, removal from office 149. Validity of acts or decisions 150. Proceedings of board of directors 151. Resolutions without meetings 151A. Chief executive officer of V/Line Corporation 151B. Acting chief executive officer of V/Line Corporation 151C. Validity of acts or decisions of V/Line Corporation 151D. Employment of staff 152. Powers of a Transport Corporation 153. Certain powers not affected 154. Borrowing and investment by a Transport Corporation 155. Transport Corporation not to make loans to directors 156. Extra-territoriality 157. Indemnity 158. Determination of initial capital 159. Capital 160. Repayment of capital 161. Dividends 162. Reports to Minister or Treasurer 163. Directions 164. Annual report 165. Corporate plan 167. Corporate plan to be followed 168. Nothing void merely because of non-compliance 169. Board of directors to give notice of significant events 170. Delegation by a Transport Corporation PART 7--CHIEF INVESTIGATOR, TRANSPORT SAFETY 178B. Definition 179. Chief Investigator, Transport Safety 180. Object of the Chief Investigator, Transport Safety 181. Functions of the Chief Investigator, Transport Safety 181A. Independence of Chief Investigator, Transport Safety 182. Power to investigate 182A. Arrangements with Australian Transport Safety Bureau 183. Delegation by the Chief Investigator, Transport Safety 184. Appointment of Chief Investigator, Transport Safety 185. Acting appointment of Chief Investigator, Transport Safety 186. When the Chief Investigator, Transport Safety ceases to hold office 187. Resignation 187A. Suspension 188. Removal from office 189. Validity of acts and decisions 190. Immunity 191. Ministerial direction to investigate transport safety matter 192. Employment of persons 193. General powers of Chief Investigator, Transport Safety 195. Extra-territoriality 196. Memoranda of understanding 197. Power to give advice on compliance PART 7A--CONFLICT BETWEEN DECISIONS OFREGULATORS 197A. Definitions 197B. Resolution of conflict by regulators 197C. Determination by the Minister or Ministers 197D. Regulators subject to guidelines and directions 197E. Guidelines PART 8--GENERAL Division 1--Regulations 198. Regulations Division 2--Miscellaneous 199. Transport Act 1983 200. Rail Corporations Act 1996 201. Marine Act 1988 201A. Transitional provision on amendment of Port Services Act 1995 201B. Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation 201C. Substitution of parties to channel operating agreement in respect of port of Hastings waters 201D. Substitution of parties to channel operating agreement—Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011 202. Repeal of Southern and Eastern Integrated Transport Authority Act 2003 203. Consequential amendments to other Acts 203A. Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011 203B. Saving and transitionals—Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 PART 9--TRANSPORT LEGISLATION AMENDMENT(PORT OF HASTINGS DEVELOPMENT AUTHORITY) ACT 2011 Division 1--Transfer of property and staff to the Port of Hastings Development Authority 207. Definitions—Division 1 208. Minister may direct transfer of Port of Melbourne Corporation property to Port of Hastings Development Authority 209. Property transferred in accordance with direction—Port of Hastings Development Authority 210. Allocation of property etc. subject to encumbrances—Port of Hastings Development Authority 211. Certificate of chief executive officer—Port of Hastings Development Authority 212. Value of transferred property—Port of Hastings Development Authority 213. Substitution of party to agreement—Port of Hastings Development Authority 214. Former Port of Melbourne Corporation instruments—Port of Hastings Development Authority 215. Proceedings—Port of Hastings Development Authority 216. Interests in land—Port of Hastings Development Authority 217. Easements—Port of Hastings Development Authority 218. Amendment of Register—Port of Hastings Development Authority 219. Taxes—Port of Hastings Development Authority 220. Evidence—Port of Hastings Development Authority 221. Validity of things done under this Division 222. Minister may direct Port of Melbourne Corporation to lease land to Port of Hastings Development Authority 223. Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority Division 2--Transfer of property to Victorian Regional Channels Authority 224. Definitions—Division 2 225. Minister may direct transfer of Port of Melbourne Corporation property to Victorian Regional Channels Authority 226. Property transferred in accordance with direction—Victorian Regional Channels Authority 227. Allocation of property etc. subject to encumbrances—Victorian Regional Channels Authority 228. Certificate of chief executive officer—Victorian Regional Channels Authority 229. Value of transferred property—Victorian Regional Channels Authority 230. Substitution of party to agreement—Victorian Regional Channels Authority 231. Former Port of Melbourne Corporation instruments—Victorian Regional Channels Authority 232. Proceedings—Victorian Regional Channels Authority 233. Interests in land—Victorian Regional Channels Authority 234. Easements—Victorian Regional Channels Authority 235. Amendment of Register—Victorian Regional Channels Authority 236. Taxes—Victorian Regional Channels Authority 237. Evidence—Victorian Regional Channels Authority 238. Validity of things done under this Division 239. Minister may direct Port of Melbourne Corporation to lease land to Victorian Regional Channels Authority PART 10--TRANSPORT LEGISLATION AMENDMENT(PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) ACT 2011 Division 1--Preliminary 240. Purpose of Part 241. Definitions Division 2--Transfer of property, rights and liabilities and staff 242. Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown 243. Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities 244. Minister may direct transfer of Victorian Rail Track property, rights and liabilities 245. Minister may direct transfer of V/Line Corporation property, rights and liabilities 246. Transfer of Metlink property, rights and liabilities 247. Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown 248. Property, rights and liabilities allocated in accordance with direction 249. Allocation of property and rights subject to encumbrances 250. Certificate of chief executive officer 251. Certificate of Secretary—Metlink property, rights or liabilities 252. Value of allocated property, rights or liabilities 253. Substitution of party to agreement 254. Former relevant transferor instruments 255. Proceedings 256. Interests in land 257. Easements 258. Amendment of Register 259. Taxes 260. Evidence 261. Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority 262. Transfer of employees of Metlink to the Public Transport Development Authority 263. Validity of things done under this Part Division 3--Administrator of the Public Transport Ticketing Body 264. Provisions to prevail 265. The Administrator 266. Vacancy, resignation or removal from office 267. Functions and powers 268. Staff 269. Delegation 270. Directions 271. Effect of appointment of Administrator Division 4--Dissolution of the Public Transport Ticketing Body 272. Dissolution of the Public Transport Ticketing Body PART 11--TRANSFER TO V/LINE CORPORATION Division 1--Preliminary 273. Purpose of Part 274. Definitions Division 2--Transfer of property, rights and liabilities and staff 275. Transfer of V/Line Pty Ltd property, rights and liabilities 276. Property, rights and liabilities allocated in accordance with statement 277. Allocation of property and rights subject to encumbrances 278. Certificate of Secretary 279. Register of certificates 280. Value of allocated property, rights or liabilities 281. Substitution of party to agreement 282. Former V/Line Pty Ltd instruments 283. Proceedings 284. Interests in land 285. Easements 286. Amendment of Register 287. Taxes 288. Evidence 289. Transfer of employees of V/Line Pty Ltd to V/Line Corporation 290. Validity of things done under this Part Division 3--General 291. Emergency Management Act 2013 292. Rail Safety National Law Application Act 2013 293. Rail Management Act 1996 PART 12--TRANSPORT LEGISLATION AMENDMENT ACT 2019 Division 1--Preliminary 294. Definitions 295. Application of Interpretation of Legislation Act 1984 Division 2--Head, Transport for Victoria 296. Head, Transport for Victoria—transfer of property, rights and liabilities 297. Things done by former Head, Transport for Victoria 298. Things commenced but not completed by former Head, Transport for Victoria Division 3--Transport Infrastructure Development Agent 299. Transport Infrastructure Development Agent abolished Division 4--Public Transport Development Authority 300. Public Transport Development Authority abolished 301. Things done by Public Transport Development Authority 302. Decisions and things done under or for the purposes of the Tourist and Heritage Railways Act 2010 303. Superseded references 304. Transfer subject to encumbrances 305. Interests in land 306. Easements 307. Action by Registrar of Titles 308. Continuation of old public transport fund 309. Specification of money to be transferred 310. Transfer of money and abolition of old public transport fund 311. References to old public transport fund 312. Evidence Division 5--Linking Melbourne Authority 313. Linking Melbourne Authority abolished Division 6--Initial transitional arrangements for the Roads Corporation 314. Definition 315. Things done by Roads Corporation or its chief executive before first commencement day 316. Things commenced but not completed by Roads Corporation or its chief executive 317. Superseded references to Roads Corporation or its chief executive 318. Corporation specified as a referral authority under a planning scheme 319. Roads Corporation as a responsible entity under Part 7A of the Emergency Management Act 2013 320. Continuation of old roads fund 321. Specification of money to be transferred 322. Transfer of money and abolition of old roads fund 323. References to old roads fund Division 6A--Abolition of Roads Corporation 323A. Roads Corporation abolished Division 7--Miscellaneous 324. Taxes 325. Validity of things done under this Part PART 13--TRANSPORT LEGISLATION AMENDMENT (PORT REFORMS AND OTHER MATTERS) ACT 2022 327. Definitions 328. Victorian Ports Corporation (Melbourne) abolished 329. Victorian Regional Channels Authority abolished 330. References to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority 331. Directions to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority 332. Requirements to provide information 333. Instruments PART 14--TRANSPORT LEGISLATION AMENDMENT ACT 2023 334. Definitions 335. Commercial Passenger Vehicle Commission abolished 336. Office of Director, Transport Safety abolished 337. Chief Executive of Safe Transport Victoria 338. Chief executive officer of V/Line Corporation ENDNOTES