{"id":"qld:act-1989-075","name":"State Transport (People Movers) Act 1989","slug":"state-transport-people-movers-act-1989","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"75 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104895,"registerId":"qld-act-1989-075-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the State Transport (People Movers) Act 1989 .\ns 1 amd 1995 No. 57 s 4 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Operation of Act after commencement of this section","content":"### sec.2 Operation of Act after commencement of this section\n\nAfter the commencement—\nthis Act has effect only for the purposes of existing systems; and\na person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.\nTo remove any doubt, it is declared that, after the commencement—\nthe chief executive must not enter into an agreement under part 3 in relation to a people mover system; and\nthis Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.\nAfter the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.\nDespite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.\nSubsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.\nIn this section—\ncommencement means the commencement of this section.\nexisting system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .\ns 2 prev s 2 om 5 April 1995 RA s 37\npres s 2 ins 2003 No. 69 s 2 (2) sch\n(sec.2-ssec.1) After the commencement— this Act has effect only for the purposes of existing systems; and a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.\n(sec.2-ssec.2) To remove any doubt, it is declared that, after the commencement— the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act. After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.\n(sec.2-ssec.3) Despite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.\n(sec.2-ssec.4) Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.\n(sec.2-ssec.5) In this section— commencement means the commencement of this section. existing system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .\n- (a) this Act has effect only for the purposes of existing systems; and\n- (b) a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.\n- (a) the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and\n- (b) this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this Act—\nCorporation ...\ns 3 def Corporation sub 1990 No. 73 s 3 sch 5\nom 1994 No. 43 s 143 sch 3\nCommissioner ...\ns 3 def Commissioner om 1990 No. 73 s 3 sch 5\nDirector-General ...\ns 3 def Director-General ins 1990 No. 73 s 3 sch 5\nom 1995 No. 9 s 92 sch 1\nLocal Authority ...\ns 3 def Local Authority om 5 April 1995 RA s 39\nMinister ...\ns 3 def Minister sub 1990 No. 73 s 3 sch 5\nom 5 April 1995 RA s 39\noperator , in relation to a people mover system in respect of which a licence is issued under part 4 , means—\nwhere the licence is not leased to another by the holder thereof—the holder of the licence;\nwhere the licence is leased to another by the holder thereof—the lessee of the licence.\npeople mover system means a transport system designed and intended for use for the carriage of people by means of a fixed structure on a route that entails carriage over and above public land or water within Queensland other than carriage by—\na railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;\nany moving walkway, belt or escalator.\npeople moving vehicle means a vehicle designed for use in operating a people mover system.\npublic land means land that is—\nCrown land within the meaning of the Land Act 1962 ; or\nland dedicated as a road for public use; or\nland reserved and set apart under the Land Act 1962 for any public purpose; or\nland held by or under the control of—\na local government; or\na person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.\nthe proposer means the person who put forward the proposal for a people mover system approved by the Governor in Council under section 15 .\n- (a) where the licence is not leased to another by the holder thereof—the holder of the licence;\n- (b) where the licence is leased to another by the holder thereof—the lessee of the licence.\n- (a) a railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;\n- (b) any moving walkway, belt or escalator.\n- (a) Crown land within the meaning of the Land Act 1962 ; or\n- (b) land dedicated as a road for public use; or\n- (c) land reserved and set apart under the Land Act 1962 for any public purpose; or\n- (d) land held by or under the control of— (i) a local government; or (ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.\n- (i) a local government; or\n- (ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.\n- (i) a local government; or\n- (ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.","sortOrder":3},{"sectionNumber":"pt.II","sectionType":"part","heading":null,"content":"","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 amd 1990 No. 73 s 3 sch 5\nom 1994 No. 43 s 143 sch 3","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 1994 No. 43 s 143 sch 3","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 1994 No. 8 s 132 sch 3","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 1994 No. 43 s 143 sch 3","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 1994 No. 43 s 143 sch 3","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 1994 No. 8 s 132 sch 3","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 1994 No. 8 s 132 sch 3","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1994 No. 8 s 132 sch 3","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 1994 No. 8 s 132 sch 3","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Proposals for people mover systems and agreements","content":"# Proposals for people mover systems and agreements","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Submission of proposals","content":"### sec.13 Submission of proposals\n\nAny person who proposes to construct a people mover system between 2 or more places shall, before commencing construction, submit his or her proposal to the chief executive.\ns 13 amd 1995 No. 9 s 92 sch 1","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chief executive’s examination of proposals","content":"### sec.14 Chief executive’s examination of proposals\n\nWhen a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.\nFor the purpose of its examination the chief executive—\nmay enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and\nmay require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.\nWhen the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.\ns 14 amd 1995 No. 9 s 92 sch 1\n(sec.14-ssec.1) When a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.\n(sec.14-ssec.2) For the purpose of its examination the chief executive— may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.\n(sec.14-ssec.3) When the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.\n- (a) may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and\n- (b) may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Governor in Council may approve proposal","content":"### sec.15 Governor in Council may approve proposal\n\nThe Governor in Council may, on the recommendation of the Minister, approve a proposal for the construction and operation of a people mover system.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Making of agreement","content":"### sec.16 Making of agreement\n\nThe chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.\nThis section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.\ns 16 sub 1994 No. 43 s 143 sch 3\n(sec.16-ssec.1) The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.\n(sec.16-ssec.2) This section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions governing construction and operation of people mover systems","content":"# Provisions governing construction and operation of people mover systems","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Construction and operation of people mover system","content":"### sec.17 Construction and operation of people mover system\n\nAfter the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof—\nshall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;\nshall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .\nA person who commits an offence referred to in subsection (1) (a) or (b) is liable—\nin the case of an individual—\nfor a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;\nfor a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\nin the case of a body corporate—\nfor a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\nfor a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.\ns 17 amd 1995 No. 9 s 92 sch 1\n(sec.17-ssec.1) After the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof— shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive; shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .\n(sec.17-ssec.2) A person who commits an offence referred to in subsection (1) (a) or (b) is liable— in the case of an individual— for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; in the case of a body corporate— for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.\n- (a) shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;\n- (b) shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .\n- (a) in the case of an individual— (i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; (ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\n- (i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;\n- (ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\n- (b) in the case of a body corporate— (i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; (ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.\n- (i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\n- (ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.\n- (i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;\n- (ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\n- (i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;\n- (ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Licence","content":"### sec.18 Licence\n\nThe chief executive may from time to time issue a licence that authorises the operation of a people mover system.\nA licence may be issued to authorise the operation of a discrete part of a people mover system as well as the operation of the whole of the system.\nA licence shall specify all the conditions on which the people mover system (or part to which the licence relates) is to be operated or on breach of which the licence may be cancelled or suspended.\nWithout in any way limiting the conditions which may be specified in a licence, conditions may relate to—\namenities and facilities for passengers;\nfacilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system;\nroutes and timetables;\nthe number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles;\nthe fares to be charged and their manner of collection;\nthe issue of tickets to passengers and the information to be contained thereon;\nthe use of any part of the system for a purpose ancillary to the carriage of passengers;\nthe keeping of records and the making of returns to the chief executive;\nthe fees payable in respect of the licence and the time and manner of their payment;\nthe safety of persons using the system;\nthe maintenance of the system.\nA licence shall not be issued to authorise the operation of a people mover system or a part thereof—\nwhere the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and\nuntil the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.\nThe chief executive may, upon the written request of the holder of the licence or, where it is leased, the lessee, vary, alter or otherwise amend the conditions specified in a licence.\ns 18 amd 1995 No. 9 s 92 sch 1\n(sec.18-ssec.1) The chief executive may from time to time issue a licence that authorises the operation of a people mover system.\n(sec.18-ssec.2) A licence may be issued to authorise the operation of a discrete part of a people mover system as well as the operation of the whole of the system.\n(sec.18-ssec.3) A licence shall specify all the conditions on which the people mover system (or part to which the licence relates) is to be operated or on breach of which the licence may be cancelled or suspended.\n(sec.18-ssec.3A) Without in any way limiting the conditions which may be specified in a licence, conditions may relate to— amenities and facilities for passengers; facilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system; routes and timetables; the number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles; the fares to be charged and their manner of collection; the issue of tickets to passengers and the information to be contained thereon; the use of any part of the system for a purpose ancillary to the carriage of passengers; the keeping of records and the making of returns to the chief executive; the fees payable in respect of the licence and the time and manner of their payment; the safety of persons using the system; the maintenance of the system.\n(sec.18-ssec.4) A licence shall not be issued to authorise the operation of a people mover system or a part thereof— where the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and until the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.\n(sec.18-ssec.5) The chief executive may, upon the written request of the holder of the licence or, where it is leased, the lessee, vary, alter or otherwise amend the conditions specified in a licence.\n- (a) amenities and facilities for passengers;\n- (b) facilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system;\n- (c) routes and timetables;\n- (d) the number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles;\n- (e) the fares to be charged and their manner of collection;\n- (f) the issue of tickets to passengers and the information to be contained thereon;\n- (g) the use of any part of the system for a purpose ancillary to the carriage of passengers;\n- (h) the keeping of records and the making of returns to the chief executive;\n- (i) the fees payable in respect of the licence and the time and manner of their payment;\n- (j) the safety of persons using the system;\n- (k) the maintenance of the system.\n- (a) where the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and\n- (b) until the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Period of licence","content":"### sec.19 Period of licence\n\nA licence shall take effect on the date of its issue by the chief executive and shall continue to have effect for the period specified therein, not exceeding—\nin a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period;\nin any other case—25 years;\nunless it is duly cancelled or surrendered.\nOn expiry of a licence the chief executive may issue to the person who, immediately before the expiry, was the holder thereof a further licence.\nThe holder of a licence may surrender the licence to the chief executive at any time.\ns 19 amd 1995 No. 9 s 92 sch 1\n(sec.19-ssec.1) A licence shall take effect on the date of its issue by the chief executive and shall continue to have effect for the period specified therein, not exceeding— in a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period; in any other case—25 years; unless it is duly cancelled or surrendered.\n(sec.19-ssec.1A) On expiry of a licence the chief executive may issue to the person who, immediately before the expiry, was the holder thereof a further licence.\n(sec.19-ssec.2) The holder of a licence may surrender the licence to the chief executive at any time.\n- (a) in a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period;\n- (b) in any other case—25 years;","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Fees for licences","content":"### sec.20 Fees for licences\n\nA licensing fee is payable to the chief executive by the operator of a people mover system in respect of which a licence is issued.\nThe licensing fee shall, in the discretion of the chief executive, be—\nan amount fixed by the chief executive; or\nthe sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or\nan amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or\na combination of the amounts referred to in paragraphs (a) and (c) .\nThe licensing fee, and any instalment thereof, shall become due and payable to the chief executive at the time and in the manner the chief executive prescribes and any unpaid amount may be recovered by it as a debt due and owing to it by the operator of the people mover system.\nSubsections (1) to (3) apply so as to authorise the chief executive to determine differently the amount or rates of the licensing fee payable in respect of different licences and in respect of different parts of the same people mover system and, for that purpose, different parts of the same system as fixed by the chief executive shall each be deemed to be a separate system the operation of which is authorised by a licence.\ns 20 amd 1995 No. 9 s 92 sch 1\n(sec.20-ssec.1) A licensing fee is payable to the chief executive by the operator of a people mover system in respect of which a licence is issued.\n(sec.20-ssec.2) The licensing fee shall, in the discretion of the chief executive, be— an amount fixed by the chief executive; or the sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or an amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or a combination of the amounts referred to in paragraphs (a) and (c) .\n(sec.20-ssec.3) The licensing fee, and any instalment thereof, shall become due and payable to the chief executive at the time and in the manner the chief executive prescribes and any unpaid amount may be recovered by it as a debt due and owing to it by the operator of the people mover system.\n(sec.20-ssec.4) Subsections (1) to (3) apply so as to authorise the chief executive to determine differently the amount or rates of the licensing fee payable in respect of different licences and in respect of different parts of the same people mover system and, for that purpose, different parts of the same system as fixed by the chief executive shall each be deemed to be a separate system the operation of which is authorised by a licence.\n- (a) an amount fixed by the chief executive; or\n- (b) the sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or\n- (c) an amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or\n- (d) a combination of the amounts referred to in paragraphs (a) and (c) .","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Lease or encumbrance of licence","content":"### sec.21 Lease or encumbrance of licence\n\nA licence is not capable of being leased or encumbered except with the prior written approval of the chief executive and any purported lease or encumbrance otherwise than with that prior approval is void.\ns 21 amd 1995 No. 9 s 92 sch 1","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Transfer of licence","content":"### sec.22 Transfer of licence\n\nA licence is not capable of being transferred except in accordance with this section and any purported transfer otherwise is void.\nThe chief executive may, upon application by the holder of the licence and the proposed transferee, transfer a licence.\nThe transfer shall be subject to such conditions as the chief executive determines.\nThe chief executive may, in its discretion, refuse to transfer a licence and shall refuse if, in the opinion of the chief executive, the transfer would be contrary to, or not desirable in, the public interest.\nAn application under this section may be made in respect of a discrete part of the people mover system to which the licence relates and the chief executive, if it consents to the transfer as applied for—\nshall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and\nshall issue a licence in respect of that part of the system to which the transfer relates.\ns 22 amd 1995 No. 9 s 92 sch 1\n(sec.22-ssec.1) A licence is not capable of being transferred except in accordance with this section and any purported transfer otherwise is void.\n(sec.22-ssec.2) The chief executive may, upon application by the holder of the licence and the proposed transferee, transfer a licence.\n(sec.22-ssec.3) The transfer shall be subject to such conditions as the chief executive determines.\n(sec.22-ssec.4) The chief executive may, in its discretion, refuse to transfer a licence and shall refuse if, in the opinion of the chief executive, the transfer would be contrary to, or not desirable in, the public interest.\n(sec.22-ssec.5) An application under this section may be made in respect of a discrete part of the people mover system to which the licence relates and the chief executive, if it consents to the transfer as applied for— shall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and shall issue a licence in respect of that part of the system to which the transfer relates.\n- (a) shall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and\n- (b) shall issue a licence in respect of that part of the system to which the transfer relates.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Cancellation and suspension of licence","content":"### sec.23 Cancellation and suspension of licence\n\nIf it appears to the chief executive—\nthat a condition of a licence has been breached; or\nthat the operator of a people mover system has committed an offence against this Act; and\nthat it is in the public interest that action be taken under this section;\nthe chief executive may call upon the holder of the licence and, where the licence is leased to another person, the lessee to show cause to the chief executive, at a time and place specified in the writing, why the licence should not be cancelled.\nIf at the time and place so specified or to which the hearing may be adjourned cause is not shown to the chief executive’s satisfaction, the chief executive may, by order—\ncancel the licence; or\nsuspend the licence for a period specified in the order.\nAn order of cancellation or suspension shall not take effect until the expiration of the time limited by section 24 for the institution of an appeal against the chief executive’s decision or, where an appeal is duly instituted, until the final determination of the appeal.\nDuring the period of suspension the suspension of a licence has the same effect as a cancellation of the licence.\ns 23 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n(sec.23-ssec.1) If it appears to the chief executive— that a condition of a licence has been breached; or that the operator of a people mover system has committed an offence against this Act; and that it is in the public interest that action be taken under this section; the chief executive may call upon the holder of the licence and, where the licence is leased to another person, the lessee to show cause to the chief executive, at a time and place specified in the writing, why the licence should not be cancelled.\n(sec.23-ssec.2) If at the time and place so specified or to which the hearing may be adjourned cause is not shown to the chief executive’s satisfaction, the chief executive may, by order— cancel the licence; or suspend the licence for a period specified in the order.\n(sec.23-ssec.3) An order of cancellation or suspension shall not take effect until the expiration of the time limited by section 24 for the institution of an appeal against the chief executive’s decision or, where an appeal is duly instituted, until the final determination of the appeal.\n(sec.23-ssec.4) During the period of suspension the suspension of a licence has the same effect as a cancellation of the licence.\n- (a) that a condition of a licence has been breached; or\n- (b) that the operator of a people mover system has committed an offence against this Act; and\n- (c) that it is in the public interest that action be taken under this section;\n- (a) cancel the licence; or\n- (b) suspend the licence for a period specified in the order.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appeal against chief executive’s decision","content":"### sec.24 Appeal against chief executive’s decision\n\nThe holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.\nWhere an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.\nThe hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may—\nconfirm the chief executive’s decision; or\noverrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or\norder the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.\nThe decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.\ns 24 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n(sec.24-ssec.1) The holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.\n(sec.24-ssec.1A) Where an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.\n(sec.24-ssec.2) The hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may— confirm the chief executive’s decision; or overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.\n(sec.24-ssec.3) The decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.\n- (a) confirm the chief executive’s decision; or\n- (b) overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or\n- (c) order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"Approval of people moving vehicles","content":"### sec.25 Approval of people moving vehicles\n\nThe chief executive may, in respect of any people mover system, approve of the people moving vehicles to be used in operating the system.\nAn approval under this section may specify the maximum number of passengers that may be carried in the vehicle and may specify the maximum load that may be so carried.\nThe chief executive, if it considers that such action is necessary or desirable in the public interest, may by its order cancel, or suspend for a period, its approval of a people moving vehicle.\nDuring the period of suspension the suspension of an approval has the same effect as a cancellation of the approval.\nThe operator of a people mover system shall not use or permit or allow to be used in the operation of the system a people moving vehicle—\nthat is not approved by the chief executive for use in operating the system; or\notherwise than in accordance with the approval.\ns 25 amd 1995 No. 9 s 92 sch 1\n(sec.25-ssec.1) The chief executive may, in respect of any people mover system, approve of the people moving vehicles to be used in operating the system.\n(sec.25-ssec.1A) An approval under this section may specify the maximum number of passengers that may be carried in the vehicle and may specify the maximum load that may be so carried.\n(sec.25-ssec.2) The chief executive, if it considers that such action is necessary or desirable in the public interest, may by its order cancel, or suspend for a period, its approval of a people moving vehicle.\n(sec.25-ssec.3) During the period of suspension the suspension of an approval has the same effect as a cancellation of the approval.\n(sec.25-ssec.4) The operator of a people mover system shall not use or permit or allow to be used in the operation of the system a people moving vehicle— that is not approved by the chief executive for use in operating the system; or otherwise than in accordance with the approval.\n- (a) that is not approved by the chief executive for use in operating the system; or\n- (b) otherwise than in accordance with the approval.","sortOrder":28},{"sectionNumber":"sec.26","sectionType":"section","heading":"Dismantling of contravening structures","content":"### sec.26 Dismantling of contravening structures\n\nIf any part of a proposed people mover system is found to have been constructed otherwise than in accordance with any agreement made between the chief executive and the proposer the chief executive may, by writing under its official seal, require the proposer to dismantle the part within a time specified in the writing.\nIf within the time so specified the part has not been dismantled, the chief executive may, with the approval of the Governor in Council first obtained, cause the part to be dismantled and for that purpose may, by its agents and servants—\nenter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and\ndo all things necessary to effect the dismantling of the part.\nThe amount of all expenditure incurred by the chief executive in or in connection with dismantling a part of a people mover system under subsection (2) may be recovered by it from the proposer as a debt due and owing to it by the proposer by action in a court of competent jurisdiction.\ns 26 amd 1995 No. 9 s 92 sch 1\n(sec.26-ssec.1) If any part of a proposed people mover system is found to have been constructed otherwise than in accordance with any agreement made between the chief executive and the proposer the chief executive may, by writing under its official seal, require the proposer to dismantle the part within a time specified in the writing.\n(sec.26-ssec.2) If within the time so specified the part has not been dismantled, the chief executive may, with the approval of the Governor in Council first obtained, cause the part to be dismantled and for that purpose may, by its agents and servants— enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and do all things necessary to effect the dismantling of the part.\n(sec.26-ssec.3) The amount of all expenditure incurred by the chief executive in or in connection with dismantling a part of a people mover system under subsection (2) may be recovered by it from the proposer as a debt due and owing to it by the proposer by action in a court of competent jurisdiction.\n- (a) enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and\n- (b) do all things necessary to effect the dismantling of the part.","sortOrder":29},{"sectionNumber":"sec.27","sectionType":"section","heading":"Demolition of unused people mover system","content":"### sec.27 Demolition of unused people mover system\n\nIf at any time a people mover system is no longer in use for the carriage of passengers and, in the chief executive’s opinion, it is not likely to be so used within a reasonable time, the chief executive may, by writing under its official seal, require the person who is then the owner of the system to demolish and remove the system and restore the ground surface to a condition acceptable to the chief executive within a time specified in the writing.\nIf within the time so specified the chief executive’s requisition has not been complied with, the chief executive may, with the approval of the Governor in Council first obtained, cause the structures of the people mover system to be demolished and the materials resulting from the demolition to be sold or otherwise disposed of as the chief executive considers to be practicable and for those purposes the chief executive may, by its agents and servants—\nenter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and\ndo all things necessary to effect the demolition, sale and disposal.\nThe chief executive is competent to pass good title in the sale or disposal of materials resulting from the demolition.\nThe proceeds of a sale of materials resulting from demolition shall be applied as follows—\nfirstly in payment of the expenses of the sale;\nsecondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures;\nthirdly in payment of the costs of demolition;\nfourthly in payment of any balance to the owner of the structures demolished.\nThe chief executive may recover by action in a court of competent jurisdiction from the owner of structures demolished under subsection (2) any amount of costs of demolition for which the chief executive has not been recouped from the proceeds of sale of the demolition material, as a debt due and owing to the chief executive by the owner.\ns 27 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n(sec.27-ssec.1) If at any time a people mover system is no longer in use for the carriage of passengers and, in the chief executive’s opinion, it is not likely to be so used within a reasonable time, the chief executive may, by writing under its official seal, require the person who is then the owner of the system to demolish and remove the system and restore the ground surface to a condition acceptable to the chief executive within a time specified in the writing.\n(sec.27-ssec.2) If within the time so specified the chief executive’s requisition has not been complied with, the chief executive may, with the approval of the Governor in Council first obtained, cause the structures of the people mover system to be demolished and the materials resulting from the demolition to be sold or otherwise disposed of as the chief executive considers to be practicable and for those purposes the chief executive may, by its agents and servants— enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and do all things necessary to effect the demolition, sale and disposal.\n(sec.27-ssec.2A) The chief executive is competent to pass good title in the sale or disposal of materials resulting from the demolition.\n(sec.27-ssec.3) The proceeds of a sale of materials resulting from demolition shall be applied as follows— firstly in payment of the expenses of the sale; secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures; thirdly in payment of the costs of demolition; fourthly in payment of any balance to the owner of the structures demolished.\n(sec.27-ssec.4) The chief executive may recover by action in a court of competent jurisdiction from the owner of structures demolished under subsection (2) any amount of costs of demolition for which the chief executive has not been recouped from the proceeds of sale of the demolition material, as a debt due and owing to the chief executive by the owner.\n- (a) enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and\n- (b) do all things necessary to effect the demolition, sale and disposal.\n- (a) firstly in payment of the expenses of the sale;\n- (b) secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures;\n- (c) thirdly in payment of the costs of demolition;\n- (d) fourthly in payment of any balance to the owner of the structures demolished.","sortOrder":30},{"sectionNumber":"sec.28","sectionType":"section","heading":"Entry on site of people mover system","content":"### sec.28 Entry on site of people mover system\n\nThe chief executive is authorised to—\nenter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site;\ninspect the site, premises and places;\ninspect and test any part of the system;\nfor the purpose of—\nensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or\nensuring compliance with any conditions of a licence granted in relation to the system.\nAny person concerned in the administration of an Act, other than this Act, applicable to any part of a people mover system or to the site occupied or to be occupied by a people mover system or to any premises or place used or to be used in conjunction with the site is authorised to enter on and inspect the site or such premises or place and to inspect and test such part of the system, for the purpose of ensuring compliance with the Act in the administration of which the person is concerned.\nAny person—\nin charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or\nin charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ;\nshall facilitate the entry or access sought by such authorised person and the person’s inspection of the site, premises, place or part and the person’s testing of the part.\ns 28 amd 1995 No. 9 s 92 sch 1\n(sec.28-ssec.1) The chief executive is authorised to— enter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site; inspect the site, premises and places; inspect and test any part of the system; for the purpose of— ensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or ensuring compliance with any conditions of a licence granted in relation to the system.\n(sec.28-ssec.2) Any person concerned in the administration of an Act, other than this Act, applicable to any part of a people mover system or to the site occupied or to be occupied by a people mover system or to any premises or place used or to be used in conjunction with the site is authorised to enter on and inspect the site or such premises or place and to inspect and test such part of the system, for the purpose of ensuring compliance with the Act in the administration of which the person is concerned.\n(sec.28-ssec.3) Any person— in charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or in charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ; shall facilitate the entry or access sought by such authorised person and the person’s inspection of the site, premises, place or part and the person’s testing of the part.\n- (a) enter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site;\n- (b) inspect the site, premises and places;\n- (c) inspect and test any part of the system;\n- (d) ensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or\n- (e) ensuring compliance with any conditions of a licence granted in relation to the system.\n- (a) in charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or\n- (b) in charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ;","sortOrder":31},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice to operator","content":"### sec.29 Notice to operator\n\nThe operator of a people mover system shall ensure that the system—\nis structurally and mechanically sound; and\nis maintained in a safe and serviceable condition; and\nis fit for the carriage of passengers.\nIf a person authorised for the purposes of this section by the chief executive, either generally or in a particular case, (an authorised officer ) is of the opinion that a people mover system or any part thereof—\nis not structurally or mechanically sound; or\nis not being maintained in a safe and serviceable condition; or\nis not fit for the carriage of passengers;\nthe authorised officer may, by notice in writing given to the operator of the system or the person apparently in charge of the system or part—\nrequire the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and\nif the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.\nWhere the things required by a notice under subsection (2) to be done are done to the satisfaction of an authorised officer, the officer may rescind the direction (if any) that the operator cease operating the system or, as the case may be, a part thereof.\nThe operator of a people mover system shall comply with a notice under subsection (2) .\ns 29 amd 1995 No. 9 s 92 sch 1\n(sec.29-ssec.1) The operator of a people mover system shall ensure that the system— is structurally and mechanically sound; and is maintained in a safe and serviceable condition; and is fit for the carriage of passengers.\n(sec.29-ssec.2) If a person authorised for the purposes of this section by the chief executive, either generally or in a particular case, (an authorised officer ) is of the opinion that a people mover system or any part thereof— is not structurally or mechanically sound; or is not being maintained in a safe and serviceable condition; or is not fit for the carriage of passengers; the authorised officer may, by notice in writing given to the operator of the system or the person apparently in charge of the system or part— require the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and if the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.\n(sec.29-ssec.3) Where the things required by a notice under subsection (2) to be done are done to the satisfaction of an authorised officer, the officer may rescind the direction (if any) that the operator cease operating the system or, as the case may be, a part thereof.\n(sec.29-ssec.4) The operator of a people mover system shall comply with a notice under subsection (2) .\n- (a) is structurally and mechanically sound; and\n- (b) is maintained in a safe and serviceable condition; and\n- (c) is fit for the carriage of passengers.\n- (a) is not structurally or mechanically sound; or\n- (b) is not being maintained in a safe and serviceable condition; or\n- (c) is not fit for the carriage of passengers;\n- (d) require the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and\n- (e) if the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.","sortOrder":32},{"sectionNumber":"sec.30","sectionType":"section","heading":"Authorised systems not affected by planning schemes","content":"### sec.30 Authorised systems not affected by planning schemes\n\nFor the purposes of—\nthe construction of a people mover system in accordance with an agreement made by the chief executive with the proposer; or\nthe operation of a people mover system under the authority of a licence;\nthe proposer or the operator of the system is entitled to use land and premises along or adjacent to the route of the system as agreed or authorised and the owners or occupiers of any of such land or premises are entitled to allow the land or premises to be so used notwithstanding the provisions of any planning scheme for the time being in force and applicable to such land or premises.\ns 30 amd 1995 No. 9 s 92 sch 1\n- (a) the construction of a people mover system in accordance with an agreement made by the chief executive with the proposer; or\n- (b) the operation of a people mover system under the authority of a licence;","sortOrder":33},{"sectionNumber":"sec.31","sectionType":"section","heading":"Exclusion of other Acts","content":"### sec.31 Exclusion of other Acts\n\nOn the recommendation of the Minister, the Governor in Council may, by order in council, declare that the provisions or specified provisions of an Act (other than this Act) specified in the order shall not apply in respect of the construction or operation of a particular people mover system identified in the order, whereupon for as long as the order remains in force the Act shall be construed as not applying to the system to the extent specified in the order.","sortOrder":34},{"sectionNumber":"sec.32","sectionType":"section","heading":"Easements—ownership of structures","content":"### sec.32 Easements—ownership of structures\n\nThe proposer and a successor to the proposer in title to a people mover system may acquire and hold an easement over the land of another person for the purposes of the system notwithstanding that the easement is not annexed to or used and enjoyed together with any other land.\nA person charged with keeping a register relating to the land shall record in the register particulars of the instrument creating the easement when the instrument is produced to the person for registration.\nStructures that support or are used in conjunction with the track of a people mover system and erected by the proposer or a successor to the proposer in title to the system are the property of the proposer or, as the case may be, the proposer’s successor in title, subject to any agreement by him or her to the contrary, notwithstanding that they are affixed to the land of another person.\n(sec.32-ssec.1) The proposer and a successor to the proposer in title to a people mover system may acquire and hold an easement over the land of another person for the purposes of the system notwithstanding that the easement is not annexed to or used and enjoyed together with any other land.\n(sec.32-ssec.1A) A person charged with keeping a register relating to the land shall record in the register particulars of the instrument creating the easement when the instrument is produced to the person for registration.\n(sec.32-ssec.2) Structures that support or are used in conjunction with the track of a people mover system and erected by the proposer or a successor to the proposer in title to the system are the property of the proposer or, as the case may be, the proposer’s successor in title, subject to any agreement by him or her to the contrary, notwithstanding that they are affixed to the land of another person.","sortOrder":35},{"sectionNumber":"sec.33","sectionType":"section","heading":"Special leases over roads","content":"### sec.33 Special leases over roads\n\nThe power conferred on the Governor in Council by the Land Act 1962 to grant special leases of land reserved and set apart for public purposes includes power to grant such leases in accordance with that Act of land dedicated as a road for public use and with respect to layers and strata below and air space above the surface of such land for the purposes of a people mover system.","sortOrder":36},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"Delegation","content":"### sec.34 Delegation\n\nThe chief executive (the delegant ) may, either generally or otherwise as provided by the instrument of delegation, by writing, delegate—\nto any person;\nto the holder of an office, specifying its title but not the name of the holder for the time being;\nall or any of the delegant’s powers, authorities, functions and duties under this Act, except this power of delegation.\nA power, authority, function or duty so delegated, if exercised or discharged by the delegate, shall be exercised or discharged in accordance with the instrument of delegation.\nA delegation may be made subject to such terms and conditions as the delegant thinks fit including a requirement that the delegate shall report to the delegant upon the exercise or discharge of the delegated power, authority, function or duty.\nThe delegant may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as the delegant thinks fit.\nA delegation is revocable at the will of the delegant and does not prevent the exercise of any power or authority or the discharge of any function or duty by the delegant.\ns 34 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n(sec.34-ssec.1) The chief executive (the delegant ) may, either generally or otherwise as provided by the instrument of delegation, by writing, delegate— to any person; to the holder of an office, specifying its title but not the name of the holder for the time being; all or any of the delegant’s powers, authorities, functions and duties under this Act, except this power of delegation.\n(sec.34-ssec.2) A power, authority, function or duty so delegated, if exercised or discharged by the delegate, shall be exercised or discharged in accordance with the instrument of delegation.\n(sec.34-ssec.3) A delegation may be made subject to such terms and conditions as the delegant thinks fit including a requirement that the delegate shall report to the delegant upon the exercise or discharge of the delegated power, authority, function or duty.\n(sec.34-ssec.4) The delegant may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as the delegant thinks fit.\n(sec.34-ssec.5) A delegation is revocable at the will of the delegant and does not prevent the exercise of any power or authority or the discharge of any function or duty by the delegant.\n- (a) to any person;\n- (b) to the holder of an office, specifying its title but not the name of the holder for the time being;","sortOrder":38},{"sectionNumber":"sec.35","sectionType":"section","heading":"Chief executive subject to Minister’s directions","content":"### sec.35 Chief executive subject to Minister’s directions\n\nThe chief executive in the discharge of the functions and the exercise of the powers under this Act are subject to the directions of the Minister given in relation to such matters as the Minister in the Minister’s discretion determines.\ns 35 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1","sortOrder":39},{"sectionNumber":"sec.36","sectionType":"section","heading":"Penalty provision","content":"### sec.36 Penalty provision\n\nA person who—\nbeing required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or\ndoes anything in contravention of this Act (other than the regulations);\ncommits an offence against this Act and, if no specific penalty is provided for that offence, is liable—\nin the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or\nin the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.\nProsecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case.\nA statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary.\nIn respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period.\nHowever, an offender shall not be punished more than once in respect of any period.\ns 36 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n(sec.36-ssec.1) A person who— being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or does anything in contravention of this Act (other than the regulations); commits an offence against this Act and, if no specific penalty is provided for that offence, is liable— in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.\n(sec.36-ssec.2) Prosecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case.\n(sec.36-ssec.3) A statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary.\n(sec.36-ssec.4) In respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period.\n(sec.36-ssec.5) However, an offender shall not be punished more than once in respect of any period.\n- (a) being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or\n- (b) does anything in contravention of this Act (other than the regulations);\n- (c) in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or\n- (d) in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":"Liability for offence by body corporate","content":"### sec.37 Liability for offence by body corporate\n\nWhere a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly—\nevery person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and\nevery person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.\nThis section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.\nIt is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence.\n(sec.37-ssec.1) Where a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly— every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.\n(sec.37-ssec.2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.\n(sec.37-ssec.3) It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence.\n- (a) every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and\n- (b) every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Recovery of expenses","content":"### sec.38 Recovery of expenses\n\nThe expenses, or such part thereof as is determined by the chief executive, incurred by the chief executive in respect of any inspection of or test carried out on any part of a people mover system pursuant to section 28 (1) shall be a debt due and owing to the State by—\nwhere a licence is not issued under part 4 in respect of the system or the licence is cancelled—the owner of the system;\nwhere a licence is issued under part 4 in respect of the system, including where the licence is suspended—the operator of the system;\nand may be recovered in any court of competent jurisdiction.\ns 38 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1\n- (a) where a licence is not issued under part 4 in respect of the system or the licence is cancelled—the owner of the system;\n- (b) where a licence is issued under part 4 in respect of the system, including where the licence is suspended—the operator of the system;","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.39 Evidentiary provisions\n\nA document purporting to be a copy of an agreement made with the chief executive for the purposes of this Act or to be a copy of a licence issued under part 4 , an approval under section 25 or a notice under section 29 and certified under the official seal of the chief executive to be a true copy shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of that agreement, licence, approval or notice.\nA certificate under the official seal of the chief executive stating that at any specified time or during a specified period a particular person was or was not the holder or the lessee of a licence issued under part 4 or that a licence under part 4 was or was not in force in relation to a particular people mover system or part thereof or that such licence was cancelled or suspended shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.\nA certificate under the official seal of the chief executive stating that the holder or lessee of a licence issued under part 4 was at any specified time or during any specified period required to do any particular act or thing pursuant to section 29 shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.\ns 39 amd 1995 No. 9 s 92 sch 1\n(sec.39-ssec.1) A document purporting to be a copy of an agreement made with the chief executive for the purposes of this Act or to be a copy of a licence issued under part 4 , an approval under section 25 or a notice under section 29 and certified under the official seal of the chief executive to be a true copy shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of that agreement, licence, approval or notice.\n(sec.39-ssec.2) A certificate under the official seal of the chief executive stating that at any specified time or during a specified period a particular person was or was not the holder or the lessee of a licence issued under part 4 or that a licence under part 4 was or was not in force in relation to a particular people mover system or part thereof or that such licence was cancelled or suspended shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.\n(sec.39-ssec.3) A certificate under the official seal of the chief executive stating that the holder or lessee of a licence issued under part 4 was at any specified time or during any specified period required to do any particular act or thing pursuant to section 29 shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.","sortOrder":43},{"sectionNumber":"sec.40","sectionType":"section","heading":"Regulations","content":"### sec.40 Regulations\n\nThe Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters and things that are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.\nThe power to regulate includes the power to prohibit.\nRegulations may be made—\nto apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein;\nso as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.\nA regulation may impose a penalty for any breach thereof and may impose different penalties in case of successive breaches, but such a penalty shall not exceed 40 penalty units.\nA regulation may, where a breach thereof is a continuing breach, impose a daily penalty for the breach not exceeding 4 penalty units.\nWithout limiting the generality of subsection (1) , regulations may be made for or with respect to any of the matters enumerated in the schedule.\n(sec.40-ssec.1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters and things that are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.\n(sec.40-ssec.2) The power to regulate includes the power to prohibit.\n(sec.40-ssec.3) Regulations may be made— to apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein; so as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.\n(sec.40-ssec.4) A regulation may impose a penalty for any breach thereof and may impose different penalties in case of successive breaches, but such a penalty shall not exceed 40 penalty units.\n(sec.40-ssec.4A) A regulation may, where a breach thereof is a continuing breach, impose a daily penalty for the breach not exceeding 4 penalty units.\n(sec.40-ssec.5) Without limiting the generality of subsection (1) , regulations may be made for or with respect to any of the matters enumerated in the schedule.\n- (a) to apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein;\n- (b) so as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.","sortOrder":44},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":45},{"sectionNumber":"sec.41","sectionType":"section","heading":"State Transport (People-movers) Act 1989 references","content":"### sec.41 State Transport (People-movers) Act 1989 references\n\nIn an Act or document, a reference to the State Transport (People-movers) Act 1989 is a reference to this Act.\ns 41 ins 1995 No. 57 s 4 sch 2","sortOrder":46}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original scope was broad — it was designed to regulate the proposal, approval, construction, and ongoing operation of any people mover system in Queensland. The 2003 amendment (section 2) dramatically narrowed this, confining the Act exclusively to systems already operating under a licence at that time. No new proposals can be approved, no new construction authorised, and no new licences issued under this Act. The scope shifted from a forward-looking regulatory framework to a grandfathering regime for legacy systems only."},"complexity_factors":["Multiple overlapping amendments over time (1990, 1994, 1995, 2003) have significantly altered the Act's scope, making it hard to read the current state of the law without cross-referencing amendment history","The key operative provision (section 2) effectively neutered most of the Act in 2003, creating a two-tiered reading: what the Act says on its face vs. what actually applies now","Interaction with multiple other Acts (Integrated Planning Act, Transport Infrastructure (Railways) Act, Land Act, Transport Planning and Coordination Act) requires understanding of a broader legislative ecosystem","Tiered penalty structure distinguishing individuals vs corporations, first vs subsequent offences, and continuing vs one-off breaches","Property law concepts embedded in sections 32-33 (easements in gross, ownership of fixtures, special leases over roads) that are non-trivial","Numerous sections have been omitted or repealed, creating gaps in numbering that can confuse readers trying to follow the structure","Corporate officer liability provisions (section 37) involve interaction with the Criminal Code and due diligence defences","Licence leasing vs transfer distinction adds a layer of complexity to understanding who the 'operator' is at any given time"],"plain_english_summary":"## What is this law about?\n\nThis Queensland law regulates **\"people mover systems\"** — think of elevated or overhead passenger transport systems (like a monorail or cable car) that travel over public land or water using a fixed structure. It does **not** cover railways, escalators, or moving walkways.\n\n## Who does it affect?\n\nIn practice, this law is now **extremely narrow in scope**. A 2003 amendment effectively froze the Act — it now only applies to systems that were **already operating under a licence before that amendment**. No new people mover systems can be approved, built, or licensed under this law anymore. New systems would be dealt with under other planning laws.\n\n## What does the law do for existing licensed systems?\n\nFor the small number of grandfathered (pre-existing) systems still covered:\n\n- **Licensing**: Operators must hold a valid licence from the chief executive (the head government official responsible for transport). Licences last up to 25 years (or longer if the Governor in Council — essentially Cabinet — approves), and can be renewed but no brand new licences can be issued.\n- **Licence conditions**: Licences can set rules about fares, timetables, vehicle types, safety, records, and fees.\n- **Safety oversight**: Operators must keep systems structurally sound and safe. Government officers can inspect systems, order repairs, and shut them down if unsafe.\n- **Licence control**: Licences can't be sold (transferred) or mortgaged (used as security for a loan) without government approval. If an operator breaks the rules, their licence can be cancelled or suspended — but they get a chance to argue their case first, and can appeal to the Minister.\n- **Vehicles**: The government must approve the specific vehicles used, including passenger limits.\n- **Demolition powers**: If a system is abandoned, the government can order its demolition and recover costs.\n- **Penalties**: Operating without a licence or breaching conditions can result in fines — up to 100 penalty units for an individual (first offence) and up to 400 penalty units for a company (repeat offence), with ongoing daily penalties for continuing breaches. Company directors can also be personally liable.\n\n## Why does it matter now?\n\nThis Act is essentially a **legacy piece of legislation** kept alive solely to manage any remaining operational systems from before 2003. For anyone looking to build a new people mover system today, this law is irrelevant — they would need to look to current planning and transport laws instead."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.2(3) and sec.2(4)","severity":"high","reasoning":"S.2(3) says the chief executive MUST NOT act under s.19(1A) to issue a further licence. S.2(4) says s.2(3) does not prevent renewal in accordance with the licence's provisions. But s.19(1A) is the only statutory mechanism for issuing a further licence on expiry. If a renewal under s.2(4) is permitted, the chief executive must necessarily 'act under s.19(1A)' to do it, which is what s.2(3) expressly forbids. The sections are irreconcilable.","confidence":0.88,"description":"Section 2(3) prohibits the chief executive from issuing a further licence under s.19(1A) to any person, but s.2(4) immediately carves out that this does not prevent renewal of a licence 'in accordance with the provisions of the licence.' Section 19(1A) is the very provision that authorises the chief executive to issue a further licence on expiry. The distinction between 'issuing a further licence' (prohibited) and 'renewing a licence in accordance with its provisions' (permitted) is legally incoherent: a renewal is functionally identical to the issuance of a further licence, and s.19(1A) is expressly the mechanism for both. The prohibition and the exception effectively cancel each other out."},{"type":"impossible_compliance","section":"sec.2(1)(a) and pt.3 (sec.13-sec.16)","severity":"medium","reasoning":"A person reading s.13 in isolation has a legal obligation to submit a proposal before constructing a people mover system. But s.2 tells us the Act does not apply to new systems after commencement. The chief executive must examine proposals (s.14) but cannot do anything useful with them. These provisions create a procedural dead end.","confidence":0.75,"description":"After commencement of s.2, the Act has effect only for existing systems, and the chief executive must not enter into a new agreement under Part 3. However, Part 3 (ss.13–16) remains unamended and on its face continues to impose obligations: s.13 requires any person proposing to construct a people mover system to submit their proposal to the chief executive before commencing construction, and s.14 obliges the chief executive to 'enter upon an examination' of any submitted proposal. This creates an absurdity where an obligation to submit proposals (s.13) and a duty to examine them (s.14) remain operative for the chief executive, but the chief executive is simultaneously prohibited from taking any consequential action (entering an agreement, s.2(2)(a)) and the Act does not even apply to new systems (s.2(2)(b))."},{"type":"other","section":"sec.28(1)","severity":"medium","reasoning":"The drafting creates a sentence fragment. Sub-paragraphs (d) and (e) begin mid-list with 'ensuring compliance...' which appears to be the tail end of a 'for the purpose of' clause that was separated from the introductory text during legislative editing. The section as written authorises the chief executive to [enter, inspect, test] and then separately lists purposes without a grammatically coherent link, creating interpretive uncertainty about whether all three powers are purpose-limited.","confidence":0.82,"description":"Section 28(1) is structurally malformed. It lists items (a)-(e) as powers of the chief executive, but items (d) and (e) are expressed as purposes ('for the purpose of ensuring compliance...') rather than as powers, and there is no grammatical connector linking the list of actions (a)-(c) to the purposes (d)-(e). The result is that the section authorises the chief executive to enter, inspect and test (a)-(c) but then introduces a 'for the purpose of' clause in (d) that is syntactically disconnected, leaving it legally ambiguous whether the powers are limited to those purposes or not."},{"type":"self_contradicting","section":"sec.19(1A) and sec.2(3)","severity":"medium","reasoning":"Leaving a power-conferring provision intact while inserting a prohibition on its exercise in a different section, without repealing the original, creates unnecessary confusion and the appearance of a power that does not actually exist (or only partially exists given the s.2(4) carve-out).","confidence":0.8,"description":"Section 19(1A) grants the chief executive a positive power to issue a further licence on expiry. Section 2(3) was inserted by amendment to expressly remove this power. Yet the underlying s.19(1A) was never repealed. The section therefore remains in the statute book conferring a power that is simultaneously prohibited by s.2(3), creating a dead provision that misleads readers about the legal position."},{"type":"other","section":"sec.20(2)(d)","severity":"low","reasoning":"There is no apparent reason why (b) (per-vehicle fee) cannot be combined with (c) (revenue percentage) as this is a standard regulatory fee structure. The omission of (b) from s.20(2)(d) appears to be a drafting oversight creating an arbitrary limitation.","confidence":0.72,"description":"Section 20(2) sets out four options for calculating the licensing fee: (a) a fixed amount, (b) per-vehicle amounts, (c) a percentage of gross revenue, and (d) a combination of (a) and (c). Option (d) conspicuously excludes option (b) from any combination, meaning the chief executive cannot combine a per-vehicle fee with a percentage of gross revenue, which is an arbitrary and commercially illogical restriction with no discernible policy rationale."},{"type":"self_contradicting","section":"sec.23(4)","severity":"medium","reasoning":"The Act creates two distinct remedies (cancellation and suspension) and then equates their legal effect, while other provisions (s.38) treat them differently. This is internally inconsistent.","confidence":0.77,"description":"Section 23(4) states that 'during the period of suspension the suspension of a licence has the same effect as a cancellation of the licence.' If suspension has the same legal effect as cancellation, there is no practical distinction between the two remedies, rendering suspension a redundant concept. An operator whose licence is 'suspended' would be in exactly the same position as one whose licence is cancelled, yet the Act treats them differently in other respects (e.g., s.38(b) charges inspection costs to the 'operator' even where the licence is suspended, implying the licensed relationship continues)."},{"type":"impossible_compliance","section":"sec.25(4) and sec.29","severity":"medium","reasoning":"A licence requires operation (and licence conditions may mandate it), but operation requires approved vehicles, and vehicle approval is entirely discretionary with no obligation on the chief executive to grant it. A licensed operator could be caught in an impossible position.","confidence":0.65,"description":"Section 25(4) prohibits an operator from using a people moving vehicle that is not approved or not used in accordance with its approval. However, the approval under s.25 is permissive ('the chief executive may... approve') — it is not mandatory. There is no provision requiring the chief executive to approve any vehicle, meaning the chief executive could theoretically decline to approve any vehicles at all, making it impossible for a licensed operator to lawfully operate the system, even though the operator has a valid licence imposing obligations of operation."}],"contradictions":[{"severity":"high","section_a":"sec.13","section_b":"sec.2(2)(b)","confidence":0.9,"description":"Section 13 imposes a mandatory obligation on any person proposing to construct a people mover system to submit a proposal to the chief executive before commencing construction. Section 2(2)(b) declares that after commencement, 'this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system.' These provisions directly contradict each other: s.13 purports to regulate new construction, while s.2(2)(b) explicitly removes the Act's application to new construction."},{"severity":"high","section_a":"sec.2(3)","section_b":"sec.2(4)","confidence":0.88,"description":"Section 2(3) prohibits the chief executive from issuing a further licence under s.19(1A). Section 2(4) states that s.2(3) does not prevent renewal of a licence in accordance with the licence's provisions. Since s.19(1A) is the statutory mechanism for issuing a further licence upon expiry (the functional equivalent of renewal), these two subsections directly contradict each other: s.2(3) forbids the act and s.2(4) permits it."},{"severity":"medium","section_a":"sec.17(1)(a)","section_b":"sec.2(2)(a)","confidence":0.83,"description":"Section 17(1)(a) prohibits construction of a people mover system except pursuant to an agreement with the chief executive, and imposes criminal penalties for breach. Section 2(2)(a) prohibits the chief executive from entering into any such agreement in relation to any new (non-existing) people mover system after commencement. Together, these provisions make it simultaneously illegal to construct without an agreement (s.17(1)(a)) and impossible to obtain an agreement for new construction (s.2(2)(a)), yet s.2(1)(b) removes criminal liability for the s.17(1)(a) offence for non-existing systems. The interaction creates a triangular contradiction between the prohibition, the impossibility of compliance, and the removal of penalty."},{"severity":"medium","section_a":"sec.23(4)","section_b":"sec.38(1)(b)","confidence":0.8,"description":"Section 23(4) provides that suspension of a licence 'has the same effect as a cancellation of the licence.' Section 38(1) distinguishes between cancellation (where inspection costs are owed by the owner) and suspension (where costs are owed by the operator), treating the two as having different legal consequences. These provisions are mutually contradictory: if suspension equals cancellation in effect, then s.38 should treat them identically, but it does not."},{"severity":"low","section_a":"sec.18(4)(a)","section_b":"sec.15","confidence":0.6,"description":"Section 18(4)(a) provides that a licence shall not be issued until after the date of practical completion 'where the proposal for the system has been approved by the Governor in Council under section 15.' This implies by negative implication that a licence could be issued for a system whose proposal was NOT approved under s.15. However, s.17(1)(a) requires construction to be pursuant to an agreement with the chief executive, and agreements under s.16 flow from a s.15 approval. It is therefore structurally impossible for a licensable system to exist without a s.15 approval, making the s.18(4)(a) conditional ('where the proposal has been approved') redundant and potentially misleading as to when the pre-condition in s.18(4)(b) applies."},{"severity":"medium","section_a":"sec.24(3)","section_b":"sec.24(2)","confidence":0.7,"description":"Section 24(3) provides that the Minister's decision on appeal 'shall be deemed to be the chief executive's decision or order' and 'shall not be appealable.' Section 24(2) permits the Minister to refer the appeal to another person for 'hearing and determination,' with references to the Minister being read as references to that other person. This means a third party's decision can be deemed the chief executive's decision and simultaneously be non-appealable, even though it was made by a person entirely outside the statutory chain of authority, with no accountability mechanism specified."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has shrunk dramatically from its original scope. Initially designed to facilitate and regulate new people mover systems across Queensland, it has been transformed into a 'zombie' Act that only maintains legacy systems. Section 2 (inserted in 2003) explicitly prohibits new agreements, new licences, and new construction under the Act, redirecting all new people mover projects to general planning legislation. The Act has effectively reversed from an enabling statute to a winding-down mechanism."},"complexity_factors":["Extensive repeal history: Sections 4-12 were completely removed in 1994, leaving gaps in the numbering","Multiple amendment layers: References to 1990, 1994, 1995, and 2003 amendments create temporal confusion","Sunset/transition provisions in section 2 create complex conditional logic about when the Act applies (only to 'existing systems' post-2003)","Cross-references to repealed or replaced legislation (Land Act 1962, Integrated Planning Act 1997, Transport Infrastructure (Railways) Act 1991)","Dual penalty structures distinguishing individuals from bodies corporate with escalating penalties for repeat offences","Nested definitions: 'operator' defined differently depending on lease arrangements; 'existing system' defined by reference to historical licensing status","Evidentiary provisions in section 39 creating conclusive presumptions that reverse normal burden of proof","Corporate liability provisions in section 37 that attribute body corporate offences to directors and managers with a due diligence defence"],"plain_english_summary":"This is a Queensland law that originally set up a special licensing scheme for 'people mover' systems—think monorails, cable cars, or automated elevated transport that carries passengers over public land or water.\n\n**What it does now:**\nThe law has been largely **switched off**. Since 2003, it only applies to 'existing systems'—meaning people movers that were already running under a licence when the changes took effect. No new systems can be built or licensed under this Act anymore. If someone wants to build a new people mover today, they must use the *Integrated Planning Act 1997* (now replaced by later planning laws) and other general planning regulations—not this Act.\n\n**Who it affects:**\n- **Existing operators**: Companies still running legacy people mover systems (like the original Gold Coast monorail or similar) who hold current licences. They can renew their licences but cannot get new ones.\n- **The chief executive**: The government officer who manages licence renewals, transfers, safety inspections, and can cancel or suspend licences for existing systems.\n\n**Key remaining rules:**\n- **Licences**: Can last up to 25 years (or longer with special approval), and can be renewed, transferred, or leased (with approval).\n- **Safety**: Operators must keep systems structurally sound and safe. Government officers can inspect, test, issue safety notices, and shut down unsafe operations.\n- **Fees**: Operators pay licensing fees set by the chief executive—either fixed amounts, per-vehicle charges, or percentages of revenue.\n- **Enforcement**: The chief executive can cancel licences for breaches, order demolition of abandoned systems, and recover costs.\n\n**Why it matters:**\nThis Act is essentially in 'caretaker mode.' It keeps the lights on for a handful of existing transport systems while making clear that Queensland no longer wants special bespoke legislation for people movers. It represents a shift from industry-specific regulation to general planning and transport laws."}},"importantCases":[],"_links":{"self":"/api/acts/state-transport-people-movers-act-1989","history":"/api/acts/state-transport-people-movers-act-1989/history","analysis":"/api/acts/state-transport-people-movers-act-1989/analysis","conflicts":"/api/acts/state-transport-people-movers-act-1989/conflicts","importantCases":"/api/acts/state-transport-people-movers-act-1989/important-cases","documents":"/api/acts/state-transport-people-movers-act-1989/documents"}}