{"id":"sr:tourist-and-heritage-railways-regulations-2021","name":"Tourist and Heritage Railways Regulations 2021","slug":"tourist-and-heritage-railways-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181569,"registerId":"vic-sr:tourist-and-heritage-railways-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tourist and Heritage Railways Regulations 2021","content":"Version No. 001\n\n**Tourist and Heritage Railways Regulations 2021**\n\n**S.R. No. 120/2021**\n\nVersion as at  \n21 September 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 2\n\n5 Definitions 2\n\nPart 2—Advisory committee 3\n\n6 Composition of advisory committee 3\n\n7 Nomination of operator and sector representatives 3\n\n8 Appointment of members 5\n\nPart 3—Tourist and Heritage Railway Group Register 6\n\n9 Additional information to be recorded 6\n\n10 Registration criteria 6\n\nPart 4—Offences 8\n\n11 Graffiti 8\n\n12 Prohibited language 8\n\n13 Prohibited behaviour 8\n\n14 Trespassing on railway premises 8\n\n15 Rubbish dumping 9\n\n16 Interfering with equipment 9\n\n17 Damaging equipment 9\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **001**\n\n**Tourist and Heritage Railways Regulations 2021**\n\n**S.R. No. 120/2021**\n\nVersion as at  \n21 September 2021\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are to support the tourist and heritage railway sector and to promote improvement in the operational activities of that sector by—\n\n(a) prescribing the appointment of members of the advisory committee established under section 8 of the Act; and\n\n(b) prescribing the number of members and the composition of the advisory committee; and\n\n(c) prescribing additional information to be included in the Tourist and Heritage Railway Group Register; and\n\n(d) prescribing the criteria for registration on the Tourist and Heritage Railway Group Register; and\n\n(e) creating certain offences.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 31 of the **Tourist and Heritage Railways Act 2010**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 21 September 2021.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Tourist and Heritage Railways Regulations 2011[[1]](#endnote-1);\n\n(b) the Tourist and Heritage Railways Amendment Regulations 2014[[2]](#endnote-2);\n\n(c) the Tourist and Heritage Railways Amendment Regulations 2019[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***incorporated association*** has the same meaning as it has in section 3 of the **Associations Incorporation Reform Act 2012**;\n\n***public officer***, of an incorporated association, has the same meaning as it has in section 3 of the **Associations Incorporation Reform Act 2012**;\n\n***the Act*** means the **Tourist and Heritage Railways Act 2010**.\n\nPart 2—Advisory committee\n\n\t6 Composition of advisory committee\n\n(1) The advisory committee established under section 8 of the Act may consist of up to 8 members, comprising—\n\n(a) the Registrar, who is to be the Chair; and\n\n(b) up to 7 other persons appointed by VicTrack.\n\n(2) The persons who may be appointed by VicTrack are the following—\n\n(a) one person nominated by the Secretary to the Department of Jobs, Precincts and Regions and considered by the Secretary to have skills, knowledge or acumen in the area of tourism;\n\n(b) one person nominated by the Chief Executive of Regional Development Victoria;\n\n(c) one person nominated by the Secretary to the Department of Transport;\n\n(d) up to 4 persons nominated in accordance with regulation 7 who represent, respectively, each of the groups of tourist and heritage railway operators described in that regulation;\n\n(e) one or more persons nominated in accordance with regulation 7 who represent the tourist and heritage railway sector generally.\n\n\t7 Nomination of operator and sector representatives\n\n(1) VicTrack may seek nominations, from each of the following groups of tourist and heritage railway operators, for the appointment of a person to represent the group as a member of the advisory committee—\n\n(a) the group of operators operating on a railway track with a gauge of 1435 mm or more (the ***broad gauge group***);\n\n(b) the group of operators operating on a railway track that is also used by a passenger transport company (the ***mainline group***);\n\n(c) the group of operators operating on a railway track with a gauge between 600 mm and 1067 mm (the ***narrow gauge group***);\n\n(d) the group of operators operating on a tramway track (the ***tramway group***).\n\n(2) A person may be nominated by a group of tourist and heritage railway operators if—\n\n(a) the person is a member of the committee, board or governing body of one of the operators from that group; and\n\n(b) a majority of the operators from that group agree to nominate the person.\n\n(3) VicTrack may seek nominations, from any person involved in the tourist and heritage railway sector, for the appointment of a person to represent the sector generally as a member of the advisory committee.\n\n(4) A nomination under this regulation must be in a form determined by VicTrack.\n\n(5) If VicTrack is not satisfied that the appointment of a nominee is consistent with the requirements of regulation 8(3), VicTrack may decline the nomination and request that another person be nominated.\n\n(6) In this regulation—\n\n***passenger transport company*** has the same meaning as it has in section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**.\n\n\t8 Appointment of members\n\n(1) VicTrack may, by written instrument, appoint a person to be a member of the advisory committee.\n\n(2) VicTrack may determine the terms and conditions of the appointment.\n\n(3) VicTrack must ensure that, collectively and to the extent possible, the operator and sector representatives nominated under regulation 7 and appointed under this regulation have skills, knowledge and acumen in each of the following areas—\n\n(a) tourist and heritage railway operations;\n\n(b) business;\n\n(c) conservation of heritage assets;\n\n(d) civil or mechanical engineering.\n\nPart 3—Tourist and Heritage Railway Group Register\n\n\t9 Additional information to be recorded\n\nFor the purposes of section 23(1)(g) of the Act, the following information is prescribed—\n\n(a) if the operator is an incorporated association—the name of its public officer or secretary;\n\n(b) if the operator is a company limited by guarantee—the name of its secretary.\n\n\t10 Registration criteria\n\n(1) For the purposes of Part 5 of the Act, the following registration criteria are prescribed—\n\n(a) the operator is either an incorporated association or a company limited by guarantee;\n\n(b) the operator has a committee, board or governing body;\n\n(c) the operator has a policy on working with children;\n\n(d) the operator has a business plan;\n\n(e) the operator has an asset conservation plan;\n\n(f) the operator has a marketing strategy.\n\n(2) A tourist and heritage railway operator is taken to meet the criteria prescribed in subregulation (1)(e) or (f), as the case requires, if the operator—\n\n(a) has commenced drafting the relevant asset conservation plan or marketing strategy; and\n\n(b) completes drafting the relevant asset conservation plan or marketing strategy within a reasonable time after being included in the Tourist and Heritage Railway Group Register.\n\n(3) VicTrack may specify any information that must be contained in a business plan, asset conservation plan or marketing strategy prescribed under subregulation (1).\n\nPart 4—Offences\n\n\t11 Graffiti\n\n(1) A person must not mark graffiti on any tourist and heritage rail asset or railway premises unless the person has first obtained the express consent of the owner or custodian of the tourist and heritage rail asset or of the owner, occupier or lessee of the railway premises to do so.\n\nPenalty: 10 penalty units.\n\n(2) In this regulation—\n\n***mark graffiti*** has the same meaning as it has in section 3 of the **Graffiti Prevention Act 2007**.\n\n\t12 Prohibited language\n\nA person in or on a tourist and heritage rail asset or railway premises must not use indecent, obscene, offensive or threatening language.\n\nPenalty: 10 penalty units.\n\n\t13 Prohibited behaviour\n\nA person in or on a tourist and heritage rail asset or railway premises must not behave in an obscene, offensive, threatening, disorderly or riotous manner.\n\nPenalty: 10 penalty units.\n\n\t14 Trespassing on railway premises\n\nA person must not wilfully trespass on any railway premises or refuse to leave when requested by the owner or occupier of the railway premises.\n\nPenalty: 20 penalty units.\n\n\t15 Rubbish dumping\n\n(1) A person must not deposit any solid or liquid domestic or commercial waste, refuse, debris or rubbish on any railway premises except in a receptacle provided for that purpose.\n\nPenalty: 20 penalty units.\n\n(2) In this regulation—\n\n***deposit*** means permanently part with possession of a thing.\n\n\t16 Interfering with equipment\n\nA person must not interfere with or attempt to interfere with any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises unless the person has first obtained the express consent of the owner, occupier or lessee of the railway premises to do so.\n\nPenalty: 20 penalty units.\n\n\t17 Damaging equipment\n\nA person must not damage or attempt to damage (other than by marking graffiti) any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises.\n\nPenalty: 20 penalty units.\n\n**Note**\n\nIt is an offence to mark graffiti on any tourist and heritage rail asset or railway premises—see regulation 11.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Tourist and Heritage Railways Regulations 2021, S.R. No. 120/2021 were made on 21 September 2021 by the Governor in Council under section 31 of the **Tourist and Heritage Railways Act 2010**, No. 79/2010 and came into operation on 21 September 2021: regulation 3.\n\nThe Tourist and Heritage Railways Regulations 2021 will sunset 10 years after the day of making on 21 September 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Tourist and Heritage Railways Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 102/2011 as amended by S.R. Nos 198/2014 and 167/2019. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 198/2014. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 167/2019.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These Regulations replace earlier Tourist and Heritage Railways Regulations (see reg 4 revoking S.R. Nos 102/2011, 198/2014 and 167/2019) and set a revised regime: defined advisory-committee composition and VicTrack appointment powers (regs 6–8), prescribed additional register entries (reg 9) and specific registration criteria with a drafting/transition allowance (reg 10(1)–(3)), plus a set of offences and penalties for conduct on railway assets and premises (regs 11–17). The revocation (reg 4) and the new, detailed nomination/appointment and registration rules (regs 6–10) indicate a substantive change in administrative scope and compliance obligations compared with the prior regulations."},"complexity_factors":["Cross-references to multiple other Acts increase interpretive links: Associations Incorporation Reform Act 2012 (definitions) (reg 5), Transport (Compliance and Miscellaneous) Act 1983 (definition) (reg 7(6)), Graffiti Prevention Act 2007 (definition) (reg 11), Sentencing Act 1991 and Monetary Units Act 2004 (penalty-unit mechanism) (Endnotes).","VicTrack discretion over appointments and terms creates administrative flexibility and decision points (appointment by written instrument; VicTrack may determine terms and conditions) (regs 6(1)(b), 8(1)–(2)).","VicTrack may decline nominations if not satisfied they meet appointment requirements, shifting selection power to the agency (reg 7(5)).","Registration requirements impose ongoing compliance burdens on operators: must be an incorporated association or company limited by guarantee, have governing body, working-with-children policy, business plan, asset conservation plan and marketing strategy (reg 10(1)).","Transitional / flexible compliance: operators who have only commenced drafting asset conservation or marketing strategies are treated as meeting those criteria if they complete them within a 'reasonable time' after registration — 'reasonable time' is unspecified (reg 10(2)).","Penalties are specified by penalty units (10–20 units) with monetary value fixed elsewhere, requiring external calculation and potential rounding (regs 11–17; Endnotes on penalty units and Monetary Units Act 2004).","Ambiguous qualifiers increase interpretive burden: 'to the extent possible' for skills coverage on the committee (reg 8(3)); 'reasonable time' for completing plans (reg 10(2)(b)).","Scope includes new criminal offences and behavioural standards applying to visitors and others on railway premises (regs 11–17), creating enforcement and evidentiary tasks for owners/occupiers."],"plain_english_summary":"These Regulations set out who sits on the advisory committee, what information and documents tourist and heritage railway operators must record to register, and specific offences and penalties for behaviour on railway assets and premises. They affect VicTrack, registered operators (incorporated associations or companies limited by guarantee), their governing bodies and visitors by imposing registration requirements (policies, plans, strategies), giving VicTrack appointment discretion, and creating criminal penalties for graffiti, trespass, interference and disorderly conduct."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: supporting and regulating Victoria's tourist and heritage railway sector through committee governance, registration criteria, and conduct offences. The 2021 version consolidates and replaces three earlier instruments (2011, 2014, 2019) without expanding into new policy areas."},"complexity_factors":["Short length: only 17 regulations across 4 Parts","Minimal cross-referencing: only references to the parent Act (Tourist and Heritage Railways Act 2010) and a few other statutes for defined terms","Simple conditional logic: only one nested exception (regulation 10(2) provides a grace period for draft plans)","Limited defined terms: only 4 defined terms in the interpretation section (regulation 5), with 2 additional local definitions in regulations 7 and 11","Straightforward offence structure: absolute liability offences with fixed penalties, no complex mens rea (mental state) requirements beyond 'wilfully' for trespassing","Clear structure: logical flow from committee composition → registration → offences"],"plain_english_summary":"These regulations set the rules for Victoria's tourist and heritage railway sector—the volunteer-run rail lines that preserve old trains and tracks for visitors.\n\n**What it does:**\n\n**Sets up an advisory committee** (Part 2)\n- This committee advises VicTrack (the government body that owns Victoria's rail infrastructure) on heritage railway matters.\n- It has up to 8 members: the Registrar as Chair, plus up to 7 others appointed by VicTrack.\n- Four spots are reserved for railway operators representing different track types: broad gauge (standard large tracks), mainline (shared with commercial trains), narrow gauge (smaller tracks), and tramways.\n- Other members include government representatives from tourism, regional development, and transport departments, plus general sector representatives.\n- Appointees must collectively cover skills in railway operations, business, heritage conservation, and engineering.\n\n**Creates a registration system** (Part 3)\n- To be officially recognised, heritage railway operators must register on the Tourist and Heritage Railway Group Register.\n- Registration requires: being an incorporated association or company limited by guarantee; having a governing board; child safety policies; plus business, conservation, and marketing plans.\n- Operators get a grace period—they can start drafting their conservation and marketing plans after registration, rather than having them ready upfront.\n\n**Creates offences for bad behaviour** (Part 4)\n- **Graffiti** (10 penalty units, roughly $1,817): No tagging railway assets without permission.\n- **Offensive language or behaviour** (10 penalty units): No swearing, threats, or disorderly conduct on railway premises.\n- **Trespassing** (20 penalty units, roughly $3,635): No unauthorised entry or refusing to leave when asked.\n- **Illegal dumping** (20 penalty units): No rubbish dumping except in bins.\n- **Interfering with or damaging equipment** (20 penalty units): No tampering with signs, lights, rails, or fixtures.\n\n**Who it affects:**\n- Heritage railway volunteers and operators across Victoria (think Puffing Billy, Mornington Railway, etc.).\n- Visitors to these railways.\n- VicTrack and government departments overseeing the sector.\n\n**Why it matters:**\nThese regulations replace older 2011 rules and modernise how Victoria supports its heritage railways. They ensure volunteer groups meet basic governance standards while protecting railway assets and visitors through clear conduct rules. The framework helps preserve industrial heritage while keeping these tourist attractions safe and well-managed."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata only, there is no evidence of scope change from the original intent. The regulations appear to have been made and remain in force as originally enacted, with no amended versions visible in the version history provided."},"complexity_factors":["Only metadata and version history were provided — no substantive regulatory content is visible","The underlying subject matter (heritage railway operations) can involve technical safety standards which add complexity","Regulations made under a parent Act typically require cross-referencing that Act to understand the full legal context","Limited information makes it impossible to assess the true complexity of the operative provisions"],"plain_english_summary":"These regulations set the safety, operational and compliance framework for tourist and heritage railways in Victoria, covering how historic and preservation rail services should be run. They affect operators, staff and volunteers, and passengers by specifying accreditation, safety standards and operational requirements.\n\nNote: only the instrument’s metadata and version history are provided here, not the substantive provisions, so detailed obligations aren’t available in this summary."}},"importantCases":[],"_links":{"self":"/api/acts/tourist-and-heritage-railways-regulations-2021","history":"/api/acts/tourist-and-heritage-railways-regulations-2021/history","analysis":"/api/acts/tourist-and-heritage-railways-regulations-2021/analysis","conflicts":"/api/acts/tourist-and-heritage-railways-regulations-2021/conflicts","importantCases":"/api/acts/tourist-and-heritage-railways-regulations-2021/important-cases","documents":"/api/acts/tourist-and-heritage-railways-regulations-2021/documents"}}