{"id":"qld:act-1994-008","name":"Transport Infrastructure Act 1994","slug":"transport-infrastructure-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104761,"registerId":"qld-act-1994-008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Roads implementation programs","content":"# Roads implementation programs","sortOrder":0},{"sectionNumber":"sec.11","sectionType":"section","heading":"Development of roads implementation programs","content":"### sec.11 Development of roads implementation programs\n\nThe chief executive must, each year, develop for the Minister’s approval roads implementation programs for the year and for 1 or more later years.\nRoads implementation programs must include—\na program of projects, and policies and financial provisions, for implementing the transport infrastructure strategies in relation to road transport infrastructure, including roads that are not State-controlled roads; and\nperformance targets for road transport infrastructure.\nRoads implementation programs may include proposals to spend amounts on transport infrastructure other than road transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.\nIn developing roads implementation programs, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.\nRoads implementation programs are to be made publicly available in the way decided by the Minister.\nThe Minister may at any time direct the chief executive to amend roads implementation programs.\nThe Minister may approve roads implementation programs that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.\n(sec.11-ssec.1) The chief executive must, each year, develop for the Minister’s approval roads implementation programs for the year and for 1 or more later years.\n(sec.11-ssec.2) Roads implementation programs must include— a program of projects, and policies and financial provisions, for implementing the transport infrastructure strategies in relation to road transport infrastructure, including roads that are not State-controlled roads; and performance targets for road transport infrastructure.\n(sec.11-ssec.3) Roads implementation programs may include proposals to spend amounts on transport infrastructure other than road transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.\n(sec.11-ssec.4) In developing roads implementation programs, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.\n(sec.11-ssec.5) Roads implementation programs are to be made publicly available in the way decided by the Minister.\n(sec.11-ssec.6) The Minister may at any time direct the chief executive to amend roads implementation programs.\n(sec.11-ssec.7) The Minister may approve roads implementation programs that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.\n- (a) a program of projects, and policies and financial provisions, for implementing the transport infrastructure strategies in relation to road transport infrastructure, including roads that are not State-controlled roads; and\n- (b) performance targets for road transport infrastructure.","sortOrder":1},{"sectionNumber":"sec.12","sectionType":"section","heading":"Consistency with transport infrastructure strategies","content":"### sec.12 Consistency with transport infrastructure strategies\n\nSubject to directions of the Minister, roads implementation programs must be consistent with transport infrastructure strategies.\nIf the Minister gives a direction under this section that results in roads implementation programs being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.\n(sec.12-ssec.1) Subject to directions of the Minister, roads implementation programs must be consistent with transport infrastructure strategies.\n(sec.12-ssec.2) If the Minister gives a direction under this section that results in roads implementation programs being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.","sortOrder":2},{"sectionNumber":"sec.13","sectionType":"section","heading":"Report on operation of roads implementation programs","content":"### sec.13 Report on operation of roads implementation programs\n\nEach annual report of the department must include a report on the operation of the roads implementation programs during the year to which the annual report relates.","sortOrder":3},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Rail implementation programs","content":"# Rail implementation programs","sortOrder":4},{"sectionNumber":"sec.14","sectionType":"section","heading":"Development of programs","content":"### sec.14 Development of programs\n\nThe chief executive must, each year, develop for the Minister’s approval rail implementation programs for the year and for 1 or more later years for rail transport infrastructure that is government supported transport infrastructure.\nRail implementation programs must include—\na program of projects, and policies and budgets, for implementing the transport infrastructure strategies for rail transport infrastructure that is government supported transport infrastructure; and\nperformance targets for the rail transport infrastructure.\nIn developing rail implementation programs, the chief executive must take reasonable steps to—\nconsult with local governments and railway managers and operators that the chief executive considers would be affected by the programs; and\nminimise conflict between the programs and expenditure programs of local governments and railway managers and operators.\nRail implementation programs are to be made publicly available in the way decided by the Minister.\nThe Minister may, at any time, direct the chief executive to amend a rail implementation program.\nThe Minister may—\napprove a rail implementation program submitted for approval; or\nrequire the chief executive to amend a rail implementation program submitted for approval.\ns 14 ins 1995 No. 32 s 7\n(sec.14-ssec.1) The chief executive must, each year, develop for the Minister’s approval rail implementation programs for the year and for 1 or more later years for rail transport infrastructure that is government supported transport infrastructure.\n(sec.14-ssec.2) Rail implementation programs must include— a program of projects, and policies and budgets, for implementing the transport infrastructure strategies for rail transport infrastructure that is government supported transport infrastructure; and performance targets for the rail transport infrastructure.\n(sec.14-ssec.3) In developing rail implementation programs, the chief executive must take reasonable steps to— consult with local governments and railway managers and operators that the chief executive considers would be affected by the programs; and minimise conflict between the programs and expenditure programs of local governments and railway managers and operators.\n(sec.14-ssec.4) Rail implementation programs are to be made publicly available in the way decided by the Minister.\n(sec.14-ssec.5) The Minister may, at any time, direct the chief executive to amend a rail implementation program.\n(sec.14-ssec.6) The Minister may— approve a rail implementation program submitted for approval; or require the chief executive to amend a rail implementation program submitted for approval.\n- (a) a program of projects, and policies and budgets, for implementing the transport infrastructure strategies for rail transport infrastructure that is government supported transport infrastructure; and\n- (b) performance targets for the rail transport infrastructure.\n- (a) consult with local governments and railway managers and operators that the chief executive considers would be affected by the programs; and\n- (b) minimise conflict between the programs and expenditure programs of local governments and railway managers and operators.\n- (a) approve a rail implementation program submitted for approval; or\n- (b) require the chief executive to amend a rail implementation program submitted for approval.","sortOrder":5},{"sectionNumber":"sec.15","sectionType":"section","heading":"Consistency with transport infrastructure strategies","content":"### sec.15 Consistency with transport infrastructure strategies\n\nSubject to the Minister’s directions, a rail implementation program must be consistent with transport infrastructure strategies.\nIf a direction of the Minister results in a rail implementation program being inconsistent with a transport infrastructure strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.\ns 15 ins 1995 No. 32 s 7\n(sec.15-ssec.1) Subject to the Minister’s directions, a rail implementation program must be consistent with transport infrastructure strategies.\n(sec.15-ssec.2) If a direction of the Minister results in a rail implementation program being inconsistent with a transport infrastructure strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.","sortOrder":6},{"sectionNumber":"sec.16","sectionType":"section","heading":"Report on implementation of programs","content":"### sec.16 Report on implementation of programs\n\nEach annual report of the department must include a report on the implementation of the rail implementation program for the year of the report.\ns 16 ins 1995 No. 32 s 7","sortOrder":7},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Implementation programs for miscellaneous transport infrastructure","content":"# Implementation programs for miscellaneous transport infrastructure","sortOrder":8},{"sectionNumber":"sec.17","sectionType":"section","heading":"Development of implementation programs for miscellaneous transport infrastructure","content":"### sec.17 Development of implementation programs for miscellaneous transport infrastructure\n\nThe chief executive must, each year, develop for the Minister’s approval implementation programs for miscellaneous transport infrastructure for the year and for 1 or more later years.\nImplementation programs for miscellaneous transport infrastructure must include—\na program of projects, and policies and budgets, for implementing the transport infrastructure strategies about the miscellaneous transport infrastructure covered by the programs; and\nperformance targets for that miscellaneous transport infrastructure.\nImplementation programs for miscellaneous transport infrastructure may include proposals to spend amounts on transport infrastructure other than miscellaneous transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.\nIn developing implementation programs for miscellaneous transport infrastructure, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.\nImplementation programs for miscellaneous transport infrastructure are to be made publicly available in the way decided by the Minister.\nThe Minister may at any time direct the chief executive to amend implementation programs for miscellaneous transport infrastructure.\nThe Minister may approve implementation programs for miscellaneous transport infrastructure that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.\n(sec.17-ssec.1) The chief executive must, each year, develop for the Minister’s approval implementation programs for miscellaneous transport infrastructure for the year and for 1 or more later years.\n(sec.17-ssec.2) Implementation programs for miscellaneous transport infrastructure must include— a program of projects, and policies and budgets, for implementing the transport infrastructure strategies about the miscellaneous transport infrastructure covered by the programs; and performance targets for that miscellaneous transport infrastructure.\n(sec.17-ssec.3) Implementation programs for miscellaneous transport infrastructure may include proposals to spend amounts on transport infrastructure other than miscellaneous transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.\n(sec.17-ssec.4) In developing implementation programs for miscellaneous transport infrastructure, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.\n(sec.17-ssec.5) Implementation programs for miscellaneous transport infrastructure are to be made publicly available in the way decided by the Minister.\n(sec.17-ssec.6) The Minister may at any time direct the chief executive to amend implementation programs for miscellaneous transport infrastructure.\n(sec.17-ssec.7) The Minister may approve implementation programs for miscellaneous transport infrastructure that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.\n- (a) a program of projects, and policies and budgets, for implementing the transport infrastructure strategies about the miscellaneous transport infrastructure covered by the programs; and\n- (b) performance targets for that miscellaneous transport infrastructure.","sortOrder":9},{"sectionNumber":"sec.18","sectionType":"section","heading":"Consistency with transport infrastructure strategies","content":"### sec.18 Consistency with transport infrastructure strategies\n\nSubject to directions of the Minister, implementation programs for miscellaneous transport infrastructure must be consistent with transport infrastructure strategies.\nIf the Minister gives a direction under this section that results in implementation programs for miscellaneous transport infrastructure being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.\n(sec.18-ssec.1) Subject to directions of the Minister, implementation programs for miscellaneous transport infrastructure must be consistent with transport infrastructure strategies.\n(sec.18-ssec.2) If the Minister gives a direction under this section that results in implementation programs for miscellaneous transport infrastructure being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.","sortOrder":10},{"sectionNumber":"sec.19","sectionType":"section","heading":"Report on operation of implementation programs for miscellaneous transport infrastructure","content":"### sec.19 Report on operation of implementation programs for miscellaneous transport infrastructure\n\nEach annual report of the department must include a report on the operation of the implementation programs for miscellaneous transport infrastructure during the year to which the annual report relates.","sortOrder":11},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Transport government entities","content":"# Transport government entities","sortOrder":12},{"sectionNumber":"sec.20","sectionType":"section","heading":"Matters transport government entities must take into account","content":"### sec.20 Matters transport government entities must take into account\n\nIn preparing a corporate plan or a statement of corporate intent under the Government Owned Corporations Act 1993 or a strategic plan or operational plan under the Queensland Rail Transit Authority Act 2013 , each rail government entity and each GOC port authority must take into account the transport infrastructure strategies.\nA rail government entity or a GOC port authority may spend amounts on transport infrastructure other than rail transport infrastructure or port infrastructure if the spending would contribute to effectiveness and efficiency.\ns 20 amd 1995 No. 32 s 8 ; 2008 No. 32 s 68 ; 2008 No. 67 s 133 ; 2010 No. 19 s 68 ; 2012 No. 31 s 33 sch ; 2013 No. 19 s 112\n(sec.20-ssec.1) In preparing a corporate plan or a statement of corporate intent under the Government Owned Corporations Act 1993 or a strategic plan or operational plan under the Queensland Rail Transit Authority Act 2013 , each rail government entity and each GOC port authority must take into account the transport infrastructure strategies.\n(sec.20-ssec.2) A rail government entity or a GOC port authority may spend amounts on transport infrastructure other than rail transport infrastructure or port infrastructure if the spending would contribute to effectiveness and efficiency.","sortOrder":13},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":14},{"sectionNumber":"sec.23","sectionType":"section","heading":"Scope of chapter","content":"### sec.23 Scope of chapter\n\nTo give effect to the objectives of this Act in relation to road transport infrastructure, the chief executive has, subject to the Minister and as required by this chapter—\nthe function of influencing the total road network; and\ncontrol over roads of State significance in the total road network, including roads of national significance that are managed in accordance with agreements or arrangements between the State and the Commonwealth about the funding of road transport infrastructure.\nThis chapter establishes a framework under which the construction, maintenance or operation of a State-controlled road can be done by the chief executive, or by a local government or someone else under agreements or arrangements with the chief executive.\n(sec.23-ssec.1) To give effect to the objectives of this Act in relation to road transport infrastructure, the chief executive has, subject to the Minister and as required by this chapter— the function of influencing the total road network; and control over roads of State significance in the total road network, including roads of national significance that are managed in accordance with agreements or arrangements between the State and the Commonwealth about the funding of road transport infrastructure.\n(sec.23-ssec.2) This chapter establishes a framework under which the construction, maintenance or operation of a State-controlled road can be done by the chief executive, or by a local government or someone else under agreements or arrangements with the chief executive.\n- (a) the function of influencing the total road network; and\n- (b) control over roads of State significance in the total road network, including roads of national significance that are managed in accordance with agreements or arrangements between the State and the Commonwealth about the funding of road transport infrastructure.","sortOrder":15},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"State-controlled roads","content":"# State-controlled roads","sortOrder":16},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Declaration of State-controlled roads","content":"## Declaration of State-controlled roads","sortOrder":17},{"sectionNumber":"sec.24","sectionType":"section","heading":"Declaration of State-controlled roads","content":"### sec.24 Declaration of State-controlled roads\n\nThe Minister may, by gazette notice, declare a road or route, or part of a road or route, to be a State-controlled road.\nSee sections 84CB and 105JAB for the revocation of a declaration made under this subsection by the making of a declaration under section 84A (1) or 105H (3) .\nA declaration must be consistent with criteria about the declaration of State-controlled roads in the transport infrastructure strategies.\nA declaration must enable the location of the road to be identified.\nThe location may be identified by specifying—\nthe starting and ending points of the road; and\nthe alignment of the road; and\nthe width of the road by reference to the constructed centre line of the road pavement or surface.\nUnless otherwise specified in a declaration, the width of a State-controlled road through a State reserve, State forest, timber reserve, vacant State land or pastoral holding is 30m each side of the centre line of the trafficked route.\ns 24 amd 2014 No. 43 s 23\n(sec.24-ssec.1) The Minister may, by gazette notice, declare a road or route, or part of a road or route, to be a State-controlled road. See sections 84CB and 105JAB for the revocation of a declaration made under this subsection by the making of a declaration under section 84A (1) or 105H (3) .\n(sec.24-ssec.2) A declaration must be consistent with criteria about the declaration of State-controlled roads in the transport infrastructure strategies.\n(sec.24-ssec.3) A declaration must enable the location of the road to be identified.\n(sec.24-ssec.4) The location may be identified by specifying— the starting and ending points of the road; and the alignment of the road; and the width of the road by reference to the constructed centre line of the road pavement or surface.\n(sec.24-ssec.5) Unless otherwise specified in a declaration, the width of a State-controlled road through a State reserve, State forest, timber reserve, vacant State land or pastoral holding is 30m each side of the centre line of the trafficked route.\n- (a) the starting and ending points of the road; and\n- (b) the alignment of the road; and\n- (c) the width of the road by reference to the constructed centre line of the road pavement or surface.","sortOrder":18},{"sectionNumber":"sec.25","sectionType":"section","heading":"Consultation before declaration","content":"### sec.25 Consultation before declaration\n\nBefore making or revoking a declaration under section 24 , the Minister must be satisfied each local government that would, in the Minister’s opinion, be affected by the proposed declaration or revocation has been—\nmade aware of the proposed declaration or revocation; and\ngiven a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.\ns 25 amd 2014 No. 43 s 117 sch 1\nsub 2017 No. 25 s 51\n- (a) made aware of the proposed declaration or revocation; and\n- (b) given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.","sortOrder":19},{"sectionNumber":"sec.26","sectionType":"section","heading":"State-controlled roads on rail corridor land","content":"### sec.26 State-controlled roads on rail corridor land\n\nThis section applies if, under section 24 , the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road.\nBefore making the declaration, the Minister must be satisfied—\nthe department has consulted with the railway manager, if any, for the rail corridor land; and\nthe railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration.\nIf the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area ( common area ) for the rail corridor land and the State-controlled road.\nWhen the common area is declared—\nthe chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and\na railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and\nthe railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area.\na level crossing\na bridge or other structure over a railway\na bridge or other structure that allows the road to pass under the railway\nUnless the chief executive and a railway manager for the rail corridor land otherwise agree—\nsubject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and\nif the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\nThe State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by—\nthe Minister’s declarations; or\nanything done by the chief executive under chapter 6 for the common area.\nAfter the common area is declared—\nthe chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and\nthe registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.\ns 26 ins 2001 No. 79 s 25A\namd 2013 No. 19 s 113 ; 2017 No. 25 s 52\n(sec.26-ssec.1) This section applies if, under section 24 , the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road.\n(sec.26-ssec.2) Before making the declaration, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration.\n(sec.26-ssec.3) If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area ( common area ) for the rail corridor land and the State-controlled road.\n(sec.26-ssec.4) When the common area is declared— the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. a level crossing a bridge or other structure over a railway a bridge or other structure that allows the road to pass under the railway\n(sec.26-ssec.5) Unless the chief executive and a railway manager for the rail corridor land otherwise agree— subject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n(sec.26-ssec.6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by— the Minister’s declarations; or anything done by the chief executive under chapter 6 for the common area.\n(sec.26-ssec.7) After the common area is declared— the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.\n- (a) the department has consulted with the railway manager, if any, for the rail corridor land; and\n- (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration.\n- (a) the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and\n- (b) a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and\n- (c) the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area. Examples for paragraph (a) — • a level crossing • a bridge or other structure over a railway • a bridge or other structure that allows the road to pass under the railway\n- • a level crossing\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the road to pass under the railway\n- • a level crossing\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the road to pass under the railway\n- (a) subject to section 251 , the chief executive is responsible for maintaining the State-controlled road on the common area; and\n- (b) if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n- (a) the Minister’s declarations; or\n- (b) anything done by the chief executive under chapter 6 for the common area.\n- (a) the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and\n- (b) the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.","sortOrder":20},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Motorways","content":"## Motorways","sortOrder":21},{"sectionNumber":"sec.27","sectionType":"section","heading":"Declaration of motorways","content":"### sec.27 Declaration of motorways\n\nThe Minister may, by gazette notice, declare that the whole or a part of a State-controlled road is a motorway.\nA declaration must enable the location of the motorway to be identified.\nBefore making or revoking a declaration, the Minister must be satisfied each local government that would, in the Minister’s opinion, be affected by the proposed declaration or revocation has been—\nmade aware of the proposed declaration or revocation; and\ngiven a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.\ns 27 amd 2017 No. 25 s 53\n(sec.27-ssec.1) The Minister may, by gazette notice, declare that the whole or a part of a State-controlled road is a motorway.\n(sec.27-ssec.2) A declaration must enable the location of the motorway to be identified.\n(sec.27-ssec.3) Before making or revoking a declaration, the Minister must be satisfied each local government that would, in the Minister’s opinion, be affected by the proposed declaration or revocation has been— made aware of the proposed declaration or revocation; and given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.\n- (a) made aware of the proposed declaration or revocation; and\n- (b) given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.","sortOrder":22},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Chief executive to have powers of a local government","content":"## Chief executive to have powers of a local government","sortOrder":23},{"sectionNumber":"sec.28","sectionType":"section","heading":"Chief executive to have power of a local government for State-controlled roads","content":"### sec.28 Chief executive to have power of a local government for State-controlled roads\n\nThe chief executive may exercise, for a State-controlled road in the area of a local government, all of the powers that the local government may exercise for a local government road in the area.","sortOrder":24},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Construction, maintenance and operation","content":"# Construction, maintenance and operation","sortOrder":25},{"sectionNumber":"sec.29","sectionType":"section","heading":"Powers of chief executive for road works contracts etc.","content":"### sec.29 Powers of chief executive for road works contracts etc.\n\nThe chief executive may, in accordance with the relevant roads implementation program, carry out, or enter into contracts for the State with other persons (including local governments, State government bodies and agencies of the Government of some other State or of a Territory) for the carrying out of—\nroad works on a State-controlled road or on land that is intended to become a State-controlled road; or\nother works that contribute to the effectiveness and efficiency of the road network; or\nthe operation of a State-controlled road.\nThe chief executive may, for the State, carry out road works on a local government road in accordance with an agreement between the chief executive and the local government.\nThe chief executive may, for the State, enter into contracts with other persons for road works to be carried out outside the State by the chief executive, a local government, a State government body or a contractor to the chief executive in accordance with an agreement between the State and the other State or Territory concerned.\nA contract with a local government under this section about the maintenance and operation of a State-controlled road may include arrangements about which powers of the local government are to be exercised by the chief executive and which of the powers are to be exercised by the local government for the State-controlled road.\nA local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\nThe chief executive may, for the State, carry out, or enter into contracts with other persons to carry out, accommodation works that are necessary or convenient to be done as a result of road works, other than work done under subsection (7) .\nThe chief executive may, for the State, carry out, or enter into contracts for, works on or adjacent to a State-controlled road at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\nThis section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of road works of a minor or emergency nature.\ns 29 amd 2014 No. 43 s 24\n(sec.29-ssec.1) The chief executive may, in accordance with the relevant roads implementation program, carry out, or enter into contracts for the State with other persons (including local governments, State government bodies and agencies of the Government of some other State or of a Territory) for the carrying out of— road works on a State-controlled road or on land that is intended to become a State-controlled road; or other works that contribute to the effectiveness and efficiency of the road network; or the operation of a State-controlled road.\n(sec.29-ssec.2) The chief executive may, for the State, carry out road works on a local government road in accordance with an agreement between the chief executive and the local government.\n(sec.29-ssec.3) The chief executive may, for the State, enter into contracts with other persons for road works to be carried out outside the State by the chief executive, a local government, a State government body or a contractor to the chief executive in accordance with an agreement between the State and the other State or Territory concerned.\n(sec.29-ssec.4) A contract with a local government under this section about the maintenance and operation of a State-controlled road may include arrangements about which powers of the local government are to be exercised by the chief executive and which of the powers are to be exercised by the local government for the State-controlled road.\n(sec.29-ssec.5) A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\n(sec.29-ssec.6) The chief executive may, for the State, carry out, or enter into contracts with other persons to carry out, accommodation works that are necessary or convenient to be done as a result of road works, other than work done under subsection (7) .\n(sec.29-ssec.7) The chief executive may, for the State, carry out, or enter into contracts for, works on or adjacent to a State-controlled road at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\n(sec.29-ssec.8) This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of road works of a minor or emergency nature.\n- (a) road works on a State-controlled road or on land that is intended to become a State-controlled road; or\n- (b) other works that contribute to the effectiveness and efficiency of the road network; or\n- (c) the operation of a State-controlled road.","sortOrder":26},{"sectionNumber":"sec.30","sectionType":"section","heading":"Obligations in carrying out of works or operation of roads by the chief executive","content":"### sec.30 Obligations in carrying out of works or operation of roads by the chief executive\n\nIn carrying out works, or the operation of roads, mentioned in section 29 , the chief executive must ensure that the carrying out is done on a value for money basis.\ns 30 amd 2011 No. 12 s 27 ; 2014 No. 43 s 117 sch 1","sortOrder":27},{"sectionNumber":"sec.31","sectionType":"section","heading":"Contracts to encourage efficiency","content":"### sec.31 Contracts to encourage efficiency\n\nIn entering into contracts of the kind mentioned in section 29 , the chief executive must ensure that open competition is encouraged.\nSubsection (1) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.\ns 31 amd 2014 No. 43 s 117 sch 1\n(sec.31-ssec.1) In entering into contracts of the kind mentioned in section 29 , the chief executive must ensure that open competition is encouraged.\n(sec.31-ssec.2) Subsection (1) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.","sortOrder":28},{"sectionNumber":"sec.32","sectionType":"section","heading":"Cost sharing arrangements","content":"### sec.32 Cost sharing arrangements\n\nThe chief executive may arrange with another person (including a local government and a State government body) for the sharing by the chief executive with the other person of the cost of—\nacquisition of land for transport infrastructure; or\nroad works on a State-controlled road; or\nother works that contribute to the effectiveness and efficiency of the road network; or\nthe operation of a State-controlled road;\nincluding all necessary preliminary costs associated with the acquisition, works or operation.\n- (a) acquisition of land for transport infrastructure; or\n- (b) road works on a State-controlled road; or\n- (c) other works that contribute to the effectiveness and efficiency of the road network; or\n- (d) the operation of a State-controlled road;","sortOrder":29},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prohibition on road works etc. on State-controlled roads","content":"### sec.33 Prohibition on road works etc. on State-controlled roads\n\nA person must not, without lawful excuse or the written approval of the chief executive—\ncarry out road works on a State-controlled road; or\ninterfere with a State-controlled road or its operation.\nMaximum penalty—200 penalty units.\nA person may apply to the chief executive for an approval mentioned in subsection (1) .\nSee part 10 for general provisions about the application.\nAn approval may be subject to conditions decided by the chief executive.\nA person must not contravene a condition that applies to the person under subsection (3) .\nMaximum penalty—200 penalty units.\nSubsection (1) does not apply to a person who carries out maintenance of ancillary works and encroachments or landscaping that does not interfere with a State-controlled road or its operation.\nAn approval under subsection (1) for road works that are road access works may only be given if there is a permitted road access location under a decision in force under section 62 (1) in relation to the road access works.\ns 33 amd 1995 No. 9 s 92 sch 1 ; 2010 No. 19 s 192 ; 2019 No. 25 s 66\n(sec.33-ssec.1) A person must not, without lawful excuse or the written approval of the chief executive— carry out road works on a State-controlled road; or interfere with a State-controlled road or its operation. Maximum penalty—200 penalty units.\n(sec.33-ssec.2) A person may apply to the chief executive for an approval mentioned in subsection (1) . See part 10 for general provisions about the application.\n(sec.33-ssec.3) An approval may be subject to conditions decided by the chief executive.\n(sec.33-ssec.4) A person must not contravene a condition that applies to the person under subsection (3) . Maximum penalty—200 penalty units.\n(sec.33-ssec.5) Subsection (1) does not apply to a person who carries out maintenance of ancillary works and encroachments or landscaping that does not interfere with a State-controlled road or its operation.\n(sec.33-ssec.6) An approval under subsection (1) for road works that are road access works may only be given if there is a permitted road access location under a decision in force under section 62 (1) in relation to the road access works.\n- (a) carry out road works on a State-controlled road; or\n- (b) interfere with a State-controlled road or its operation.","sortOrder":30},{"sectionNumber":"sec.34","sectionType":"section","heading":"Offender to pay cost of remedying unauthorised works","content":"### sec.34 Offender to pay cost of remedying unauthorised works\n\nIf a person carries out works contrary to section 33 (1) , the chief executive may—\ndismantle or alter the works; or\nremedy damage caused by the works.\nIf the chief executive causes the works to be dismantled or altered or the damage to be remedied under subsection (1) , the person is liable to pay to the chief executive the costs incurred by the chief executive.\ns 34 amd 2014 No. 43 s 117 sch 1\n(sec.34-ssec.1) If a person carries out works contrary to section 33 (1) , the chief executive may— dismantle or alter the works; or remedy damage caused by the works.\n(sec.34-ssec.2) If the chief executive causes the works to be dismantled or altered or the damage to be remedied under subsection (1) , the person is liable to pay to the chief executive the costs incurred by the chief executive.\n- (a) dismantle or alter the works; or\n- (b) remedy damage caused by the works.","sortOrder":31},{"sectionNumber":"sec.35","sectionType":"section","heading":"Temporary occupation and use of land","content":"### sec.35 Temporary occupation and use of land\n\nTo carry out road works, accommodation works or land management activities, the chief executive, or someone authorised in writing by the chief executive, ( temporary occupier ) may temporarily occupy and use land, including roads, and do anything on the land that is necessary or convenient to be done.\nHowever, without limiting subsection (1) , the subsection does authorise the chief executive to extract and use quarry material reserved to the State and administered under the Forestry Act 1959 from land.\nIn this section—\nland management activity means an activity, other than accommodation works or road works, relating to road transport infrastructure or proposed road transport infrastructure.\nsurveying flora, managing weeds or other pests, clearing vegetation, monitoring air or water quality or noise levels\ns 35 amd 2005 No. 42 s 52 sch 1 ; 2014 No. 43 s 25 ; 2020 No. 21 s 33 ; 2024 No. 2 s 80 sch 1\n(sec.35-ssec.1) To carry out road works, accommodation works or land management activities, the chief executive, or someone authorised in writing by the chief executive, ( temporary occupier ) may temporarily occupy and use land, including roads, and do anything on the land that is necessary or convenient to be done.\n(sec.35-ssec.2) However, without limiting subsection (1) , the subsection does authorise the chief executive to extract and use quarry material reserved to the State and administered under the Forestry Act 1959 from land.\n(sec.35-ssec.3) In this section— land management activity means an activity, other than accommodation works or road works, relating to road transport infrastructure or proposed road transport infrastructure. surveying flora, managing weeds or other pests, clearing vegetation, monitoring air or water quality or noise levels","sortOrder":32},{"sectionNumber":"sec.36","sectionType":"section","heading":"Notice of entry or permission to enter","content":"### sec.36 Notice of entry or permission to enter\n\nThe person who is proposing to occupy and use land under section 35 ( proposed temporary occupier ) must—\ngive at least 7 days written notice to the owner or occupier of the land and the following persons—\nif the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered;\nif the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or\nobtain the written approval of the owner or occupier to the occupation or use.\nThe notice must state—\nthe road works, accommodation works or land management activities to be carried out; and\nthe use proposed to be made of the land; and\ndetails of the things proposed to be done on the land; and\nan approximate period when the occupation or use is expected to continue; and\nif accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land.\nA notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works.\nIf accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities.\nAfter the end of 7 days after service of a notice under subsection (1) , or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out.\nIf urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally.\nIn this section—\nland management activity see section 35 (3) .\ns 36 amd 2014 No. 43 s 26 ; 2020 No. 21 s 34 ; 2024 No. 2 s 80 sch 1\n(sec.36-ssec.1) The person who is proposing to occupy and use land under section 35 ( proposed temporary occupier ) must— give at least 7 days written notice to the owner or occupier of the land and the following persons— if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or obtain the written approval of the owner or occupier to the occupation or use.\n(sec.36-ssec.2) The notice must state— the road works, accommodation works or land management activities to be carried out; and the use proposed to be made of the land; and details of the things proposed to be done on the land; and an approximate period when the occupation or use is expected to continue; and if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land.\n(sec.36-ssec.3) A notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works.\n(sec.36-ssec.4) If accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities.\n(sec.36-ssec.5) After the end of 7 days after service of a notice under subsection (1) , or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out.\n(sec.36-ssec.6) If urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally.\n(sec.36-ssec.7) In this section— land management activity see section 35 (3) .\n- (a) give at least 7 days written notice to the owner or occupier of the land and the following persons— (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered; (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or\n- (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered;\n- (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or\n- (b) obtain the written approval of the owner or occupier to the occupation or use.\n- (i) if the land is land from which quarry material mentioned in section 35 (2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered;\n- (ii) if the land is administered under the Land Act 1994 —to the chief executive of the department in which that Act is administered; or\n- (a) the road works, accommodation works or land management activities to be carried out; and\n- (b) the use proposed to be made of the land; and\n- (c) details of the things proposed to be done on the land; and\n- (d) an approximate period when the occupation or use is expected to continue; and\n- (e) if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land.","sortOrder":33},{"sectionNumber":"sec.37","sectionType":"section","heading":"Compensation for physical damage from entry etc.","content":"### sec.37 Compensation for physical damage from entry etc.\n\nAn owner of land that is entered, occupied or used under section 35 may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials.\nCompensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended.\nHowever, the chief executive may allow a claim to be made at a later time.\nCompensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired.\ns 37 amd 2014 No. 43 s 117 sch 1\n(sec.37-ssec.1) An owner of land that is entered, occupied or used under section 35 may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials.\n(sec.37-ssec.2) Compensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended.\n(sec.37-ssec.3) However, the chief executive may allow a claim to be made at a later time.\n(sec.37-ssec.4) Compensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired.","sortOrder":34},{"sectionNumber":"sec.38","sectionType":"section","heading":"Fencing State-controlled roads","content":"### sec.38 Fencing State-controlled roads\n\nThe chief executive does not have to contribute to the fencing of the whole or a part of the boundary between land and—\nan existing State-controlled road; or\na road or land that is intended to become a State-controlled road; or\na widening or deviation of a State-controlled road involving the acquisition of land.\nHowever, subsection (1) (b) does not apply to an existing road if the land is substantially fenced and the presence of the road will make the fencing ineffective.\nSubsection (1) (c) does not apply if the previous boundary of the road was substantially fenced.\n(sec.38-ssec.1) The chief executive does not have to contribute to the fencing of the whole or a part of the boundary between land and— an existing State-controlled road; or a road or land that is intended to become a State-controlled road; or a widening or deviation of a State-controlled road involving the acquisition of land.\n(sec.38-ssec.2) However, subsection (1) (b) does not apply to an existing road if the land is substantially fenced and the presence of the road will make the fencing ineffective.\n(sec.38-ssec.3) Subsection (1) (c) does not apply if the previous boundary of the road was substantially fenced.\n- (a) an existing State-controlled road; or\n- (b) a road or land that is intended to become a State-controlled road; or\n- (c) a widening or deviation of a State-controlled road involving the acquisition of land.","sortOrder":35},{"sectionNumber":"sec.39","sectionType":"section","heading":"Watercourses and road works","content":"### sec.39 Watercourses and road works\n\nTo carry out road works, the chief executive may—\ndivert a watercourse; or\nconstruct a watercourse, whether temporary or permanent.\nIn taking action under subsection (1) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse.\nThe chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently.\ns 39 amd 2005 No. 42 s 52 sch 1 ; 2024 No. 2 s 80 sch 1\n(sec.39-ssec.1) To carry out road works, the chief executive may— divert a watercourse; or construct a watercourse, whether temporary or permanent.\n(sec.39-ssec.2) In taking action under subsection (1) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse.\n(sec.39-ssec.3) The chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently.\n- (a) divert a watercourse; or\n- (b) construct a watercourse, whether temporary or permanent.","sortOrder":36},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Relationship with local governments","content":"# Relationship with local governments","sortOrder":37},{"sectionNumber":"sec.40","sectionType":"section","heading":"Funds for works on, or operation of, local government roads etc.","content":"### sec.40 Funds for works on, or operation of, local government roads etc.\n\nThe chief executive may enter into an agreement with a local government under which the chief executive supplies funds to the local government for road works on a local government road, for other works that contribute to the effectiveness and efficiency of the road network or for the operation of a local government road.\nThe agreement—\nmust provide for the works or operation to be carried out in accordance with an agreement between the chief executive and the local government that is designed to ensure value for money in the application of the funds; and\nmay be subject to other conditions.\n(sec.40-ssec.1) The chief executive may enter into an agreement with a local government under which the chief executive supplies funds to the local government for road works on a local government road, for other works that contribute to the effectiveness and efficiency of the road network or for the operation of a local government road.\n(sec.40-ssec.2) The agreement— must provide for the works or operation to be carried out in accordance with an agreement between the chief executive and the local government that is designed to ensure value for money in the application of the funds; and may be subject to other conditions.\n- (a) must provide for the works or operation to be carried out in accordance with an agreement between the chief executive and the local government that is designed to ensure value for money in the application of the funds; and\n- (b) may be subject to other conditions.","sortOrder":38},{"sectionNumber":"sec.41","sectionType":"section","heading":"Improvement of State-controlled road as an economic alternative to improvement of the local road network","content":"### sec.41 Improvement of State-controlled road as an economic alternative to improvement of the local road network\n\nIf a local government concludes that improvements to a State-controlled road in its area would be beneficial to the local road network, the local government may make financial arrangements with the chief executive for the improvements to be made.","sortOrder":39},{"sectionNumber":"sec.42","sectionType":"section","heading":"Impact of certain local government decisions on State-controlled roads","content":"### sec.42 Impact of certain local government decisions on State-controlled roads\n\nA local government must obtain the chief executive’s written approval if—\nit intends to carry out road works on a local government road or make changes to the management of a local government road; and\nthe works or changes would—\nrequire the carrying out of road works on a State-controlled road; or\notherwise have a significant adverse impact on a State-controlled road; or\nhave a significant impact on the planning of a State-controlled road or a future State-controlled road.\nSubsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering—\nan application for a development approval; or\na change application.\nThe chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required.\nAn approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.\nSubsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive.\nThe permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.\nA local government must comply with conditions that apply to it under this section.\nIf a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention.\nAn approval by the chief executive under subsection (1) must be given—\nwithin 21 days after receiving the application for approval; or\nwithin a longer period notified to the local government by the chief executive within the 21 day period.\nIf—\na local government applies for an approval under subsection (1) ; and\nthe chief executive does not respond to the application within 21 days after receiving the application;\nthe chief executive is taken to have given approval at the end of the 21 days.\nIn this section—\nfuture State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road.\nThe chief executive must cause a copy of each notice under subsection (11) to be published in the gazette.\ns 42 amd 1998 No. 13 s 191 sch ; 1999 No. 11 s 27 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 561\n(sec.42-ssec.1) A local government must obtain the chief executive’s written approval if— it intends to carry out road works on a local government road or make changes to the management of a local government road; and the works or changes would— require the carrying out of road works on a State-controlled road; or otherwise have a significant adverse impact on a State-controlled road; or have a significant impact on the planning of a State-controlled road or a future State-controlled road.\n(sec.42-ssec.2) Subsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering— an application for a development approval; or a change application.\n(sec.42-ssec.3) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required.\n(sec.42-ssec.4) An approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.\n(sec.42-ssec.5) Subsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive.\n(sec.42-ssec.6) The permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.\n(sec.42-ssec.7) A local government must comply with conditions that apply to it under this section.\n(sec.42-ssec.8) If a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention.\n(sec.42-ssec.9) An approval by the chief executive under subsection (1) must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period.\n(sec.42-ssec.10) If— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days.\n(sec.42-ssec.11) In this section— future State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road.\n(sec.42-ssec.12) The chief executive must cause a copy of each notice under subsection (11) to be published in the gazette.\n- (a) it intends to carry out road works on a local government road or make changes to the management of a local government road; and\n- (b) the works or changes would— (i) require the carrying out of road works on a State-controlled road; or (ii) otherwise have a significant adverse impact on a State-controlled road; or (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road.\n- (i) require the carrying out of road works on a State-controlled road; or\n- (ii) otherwise have a significant adverse impact on a State-controlled road; or\n- (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road.\n- (i) require the carrying out of road works on a State-controlled road; or\n- (ii) otherwise have a significant adverse impact on a State-controlled road; or\n- (iii) have a significant impact on the planning of a State-controlled road or a future State-controlled road.\n- (a) an application for a development approval; or\n- (b) a change application.\n- (a) within 21 days after receiving the application for approval; or\n- (b) within a longer period notified to the local government by the chief executive within the 21 day period.\n- (a) a local government applies for an approval under subsection (1) ; and\n- (b) the chief executive does not respond to the application within 21 days after receiving the application;","sortOrder":40},{"sectionNumber":"sec.43","sectionType":"section","heading":"Distraction of traffic on motorways","content":"### sec.43 Distraction of traffic on motorways\n\nA local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be—\nvisible from a motorway; and\nbeyond the boundaries of the motorway; and\nreasonably likely to create a traffic hazard for the motorway.\nThe chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways.\nAn approval by the chief executive under subsection (1) may be subject to conditions.\nSubsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive.\nThe permission criteria may include conditions.\nA local government must comply with conditions that apply to it under this section.\nAn approval by the chief executive under subsection (1) must be given—\nwithin 21 days after receiving the application for approval; or\nwithin a longer period notified to the local government by the chief executive within the 21 day period.\nIf—\na local government applies for an approval under subsection (1) ; and\nthe chief executive does not respond to the application within 21 days after receiving the application;\nthe chief executive is taken to have given approval at the end of the 21 days.\nIn this section—\nmotorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway.\nThe chief executive must cause a copy of each notice under subsection (9) to be published in the gazette.\n(sec.43-ssec.1) A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— visible from a motorway; and beyond the boundaries of the motorway; and reasonably likely to create a traffic hazard for the motorway.\n(sec.43-ssec.2) The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways.\n(sec.43-ssec.3) An approval by the chief executive under subsection (1) may be subject to conditions.\n(sec.43-ssec.4) Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive.\n(sec.43-ssec.5) The permission criteria may include conditions.\n(sec.43-ssec.6) A local government must comply with conditions that apply to it under this section.\n(sec.43-ssec.7) An approval by the chief executive under subsection (1) must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period.\n(sec.43-ssec.8) If— a local government applies for an approval under subsection (1) ; and the chief executive does not respond to the application within 21 days after receiving the application; the chief executive is taken to have given approval at the end of the 21 days.\n(sec.43-ssec.9) In this section— motorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway.\n(sec.43-ssec.10) The chief executive must cause a copy of each notice under subsection (9) to be published in the gazette.\n- (a) visible from a motorway; and\n- (b) beyond the boundaries of the motorway; and\n- (c) reasonably likely to create a traffic hazard for the motorway.\n- (a) within 21 days after receiving the application for approval; or\n- (b) within a longer period notified to the local government by the chief executive within the 21 day period.\n- (a) a local government applies for an approval under subsection (1) ; and\n- (b) the chief executive does not respond to the application within 21 days after receiving the application;","sortOrder":41},{"sectionNumber":"sec.44","sectionType":"section","heading":"Effect of decisions of Planning and Environment Court","content":"### sec.44 Effect of decisions of Planning and Environment Court\n\nIf—\nan approval under section 42 (1) is subject to conditions; and\na local government imposes conditions on the road works or changes to which the approval relates; and\nthe Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\nthen, to the extent to which the amendment relates to the conditions of the approval under section 42 (1) , the conditions of the approval are taken to be amended accordingly.\nIf—\nthere are permission criteria relevant to road works or changes mentioned in section 42 ; and\na local government imposes conditions on the road works or changes; and\nthe Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\nthen, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the road works or changes.\nIf—\nan approval under section 43 (1) is subject to conditions; and\na local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and\nthe Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\nthen, to the extent to which the amendment relates to the conditions of the approval under section 43 (1) , the conditions of the approval are taken to be amended accordingly.\nIf—\nthere are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43 ; and\na local government imposes conditions on the erection, alteration or operation; and\nthe Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\nthen, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the erection, alteration or operation.\nThe Planning and Environment Court is not to amend conditions as mentioned in this section without giving the chief executive a chance to be heard.\ns 44 amd 1999 No. 11 s 28 ; 2014 No. 43 s 117 sch 1\n(sec.44-ssec.1) If— an approval under section 42 (1) is subject to conditions; and a local government imposes conditions on the road works or changes to which the approval relates; and the Planning and Environment Court amends the conditions mentioned in paragraph (b) ; then, to the extent to which the amendment relates to the conditions of the approval under section 42 (1) , the conditions of the approval are taken to be amended accordingly.\n(sec.44-ssec.2) If— there are permission criteria relevant to road works or changes mentioned in section 42 ; and a local government imposes conditions on the road works or changes; and the Planning and Environment Court amends the conditions mentioned in paragraph (b) ; then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the road works or changes.\n(sec.44-ssec.3) If— an approval under section 43 (1) is subject to conditions; and a local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and the Planning and Environment Court amends the conditions mentioned in paragraph (b) ; then, to the extent to which the amendment relates to the conditions of the approval under section 43 (1) , the conditions of the approval are taken to be amended accordingly.\n(sec.44-ssec.4) If— there are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43 ; and a local government imposes conditions on the erection, alteration or operation; and the Planning and Environment Court amends the conditions mentioned in paragraph (b) ; then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the erection, alteration or operation.\n(sec.44-ssec.5) The Planning and Environment Court is not to amend conditions as mentioned in this section without giving the chief executive a chance to be heard.\n- (a) an approval under section 42 (1) is subject to conditions; and\n- (b) a local government imposes conditions on the road works or changes to which the approval relates; and\n- (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\n- (a) there are permission criteria relevant to road works or changes mentioned in section 42 ; and\n- (b) a local government imposes conditions on the road works or changes; and\n- (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\n- (a) an approval under section 43 (1) is subject to conditions; and\n- (b) a local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and\n- (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b) ;\n- (a) there are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43 ; and\n- (b) a local government imposes conditions on the erection, alteration or operation; and\n- (c) the Planning and Environment Court amends the conditions mentioned in paragraph (b) ;","sortOrder":42},{"sectionNumber":"sec.45","sectionType":"section","heading":"Management of particular functions on State-controlled roads by local governments","content":"### sec.45 Management of particular functions on State-controlled roads by local governments\n\nA local government may exercise, for a State-controlled road in its area, all the powers that it may exercise for a local government road in its area subject to the Local Government Act 2009 , the City of Brisbane Act 2010 and the Transport Operations (Road Use Management) Act 1995 , section 66 .\nHowever, if there is a contract of the kind mentioned in section 29 (4) between the chief executive and a local government, the exercise of the powers must be done as required by the contract.\nIf there is no contract of the kind mentioned in section 29 (4) between the chief executive and a local government, the chief executive may direct the local government not to exercise any or some of its powers for a State-controlled road specified in the direction.\nA direction under subsection (3) may be subject to conditions.\nA local government must comply with directions or conditions under this section.\nThe exercise of a power by a local government under this section is not a contravention of this Act.\ns 45 amd 2014 No. 43 s 117 sch 1 ; 2019 No. 25 s 12\n(sec.45-ssec.1) A local government may exercise, for a State-controlled road in its area, all the powers that it may exercise for a local government road in its area subject to the Local Government Act 2009 , the City of Brisbane Act 2010 and the Transport Operations (Road Use Management) Act 1995 , section 66 .\n(sec.45-ssec.2) However, if there is a contract of the kind mentioned in section 29 (4) between the chief executive and a local government, the exercise of the powers must be done as required by the contract.\n(sec.45-ssec.3) If there is no contract of the kind mentioned in section 29 (4) between the chief executive and a local government, the chief executive may direct the local government not to exercise any or some of its powers for a State-controlled road specified in the direction.\n(sec.45-ssec.4) A direction under subsection (3) may be subject to conditions.\n(sec.45-ssec.5) A local government must comply with directions or conditions under this section.\n(sec.45-ssec.6) The exercise of a power by a local government under this section is not a contravention of this Act.","sortOrder":43},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Management of State-controlled roads","content":"# Management of State-controlled roads","sortOrder":44},{"sectionNumber":"ch.6-pt.5-div.1","sectionType":"division","heading":"Prevention of damage and ensuring safety","content":"## Prevention of damage and ensuring safety","sortOrder":45},{"sectionNumber":"sec.46","sectionType":"section","heading":"Temporary restrictions on use of State-controlled roads","content":"### sec.46 Temporary restrictions on use of State-controlled roads\n\nIf the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice ), declare that—\na State-controlled road is temporarily closed to all traffic or traffic of a particular class; or\na State-controlled road may only be used—\nat specified times; or\nby particular classes of vehicles; or\nin accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.\nA restricted road use notice must—\nbe erected or displayed on the road to which the notice applies; and\nbe easily visible to persons using the road; and\nstate how the use of the road is restricted; and\nstate the maximum penalty for failing to comply with the notice.\nThe chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate.\non the department’s website, in a newspaper circulating generally in the relevant area, on television, on the radio\nA person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person—\nhas a reasonable excuse; or\nis acting in accordance with a written approval given by the chief executive or police commissioner; or\nA written approval includes, for example, an approval given by text message, email or fax.\nis carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road.\nMaximum penalty—200 penalty units.\nA person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1) .\nMaximum penalty—200 penalty units.\nNeither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4) .\nAlso, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4) (b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply.\nIf subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State.\nIn this section—\ntamper , with a restricted road use notice erected or displayed under subsection (1) , includes—\ndamage, deface or destroy the notice; and\nmove or remove the notice; and\nhinder the visibility of the notice.\ns 46 amd 1995 No. 9 s 92 sch 1 ; 2008 No. 67 s 285 ; 2011 No. 33 s 25 ; 2023 No. 23 s 247 sch 1 s 3\n(sec.46-ssec.1) If the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice ), declare that— a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or a State-controlled road may only be used— at specified times; or by particular classes of vehicles; or in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.\n(sec.46-ssec.2) A restricted road use notice must— be erected or displayed on the road to which the notice applies; and be easily visible to persons using the road; and state how the use of the road is restricted; and state the maximum penalty for failing to comply with the notice.\n(sec.46-ssec.3) The chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate. on the department’s website, in a newspaper circulating generally in the relevant area, on television, on the radio\n(sec.46-ssec.4) A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person— has a reasonable excuse; or is acting in accordance with a written approval given by the chief executive or police commissioner; or A written approval includes, for example, an approval given by text message, email or fax. is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road. Maximum penalty—200 penalty units.\n(sec.46-ssec.5) A person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1) . Maximum penalty—200 penalty units.\n(sec.46-ssec.6) Neither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4) .\n(sec.46-ssec.7) Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4) (b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply.\n(sec.46-ssec.8) If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State.\n(sec.46-ssec.9) In this section— tamper , with a restricted road use notice erected or displayed under subsection (1) , includes— damage, deface or destroy the notice; and move or remove the notice; and hinder the visibility of the notice.\n- (a) a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or\n- (b) a State-controlled road may only be used— (i) at specified times; or (ii) by particular classes of vehicles; or (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.\n- (i) at specified times; or\n- (ii) by particular classes of vehicles; or\n- (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.\n- (i) at specified times; or\n- (ii) by particular classes of vehicles; or\n- (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.\n- (a) be erected or displayed on the road to which the notice applies; and\n- (b) be easily visible to persons using the road; and\n- (c) state how the use of the road is restricted; and\n- (d) state the maximum penalty for failing to comply with the notice.\n- (a) has a reasonable excuse; or\n- (b) is acting in accordance with a written approval given by the chief executive or police commissioner; or Note— A written approval includes, for example, an approval given by text message, email or fax.\n- (c) is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road.\n- (a) damage, deface or destroy the notice; and\n- (b) move or remove the notice; and\n- (c) hinder the visibility of the notice.","sortOrder":46},{"sectionNumber":"sec.47","sectionType":"section","heading":"Removal of materials etc.","content":"### sec.47 Removal of materials etc.\n\nA person must not, without lawful excuse, damage, remove or interfere with naturally occurring materials, stockpiles of materials, watercourses, road works or ancillary works and encroachments on a State-controlled road.\nMaximum penalty—200 penalty units.\nA person must not deposit rubbish or abandon goods or materials on a State-controlled road other than at places approved by, and under conditions fixed by, the chief executive.\nMaximum penalty—200 penalty units.\ns 47 amd 1995 No. 9 s 92 sch 1 ; 2001 No. 79 s 26 ; 2008 No. 31 s 72 sch\n(sec.47-ssec.1) A person must not, without lawful excuse, damage, remove or interfere with naturally occurring materials, stockpiles of materials, watercourses, road works or ancillary works and encroachments on a State-controlled road. Maximum penalty—200 penalty units.\n(sec.47-ssec.2) A person must not deposit rubbish or abandon goods or materials on a State-controlled road other than at places approved by, and under conditions fixed by, the chief executive. Maximum penalty—200 penalty units.","sortOrder":47},{"sectionNumber":"sec.48","sectionType":"section","heading":"Recovery of cost of damage","content":"### sec.48 Recovery of cost of damage\n\nIf—\na person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and\nthe chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments;\nthe person is liable to pay to the chief executive the cost of repair, replacement or reconstruction.\nIf—\nthe damage is caused by the operation of a vehicle; and\nthe driver of the vehicle is unknown or can not be located;\nthe person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable.\nSubsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered.\nIf—\na court finds a person guilty of an offence against this Act; and\nin committing the offence, the person caused damage to road works or ancillary works and encroachments;\nthe court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.\n(sec.48-ssec.1) If— a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments; the person is liable to pay to the chief executive the cost of repair, replacement or reconstruction.\n(sec.48-ssec.2) If— the damage is caused by the operation of a vehicle; and the driver of the vehicle is unknown or can not be located; the person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable.\n(sec.48-ssec.3) Subsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered.\n(sec.48-ssec.4) If— a court finds a person guilty of an offence against this Act; and in committing the offence, the person caused damage to road works or ancillary works and encroachments; the court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.\n- (a) a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and\n- (b) the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments;\n- (a) the damage is caused by the operation of a vehicle; and\n- (b) the driver of the vehicle is unknown or can not be located;\n- (a) a court finds a person guilty of an offence against this Act; and\n- (b) in committing the offence, the person caused damage to road works or ancillary works and encroachments;","sortOrder":48},{"sectionNumber":"sec.49","sectionType":"section","heading":"Assessment of impacts on State-controlled roads from certain activities","content":"### sec.49 Assessment of impacts on State-controlled roads from certain activities\n\nThis section applies if—\nthe chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and\nthe activity is not for—\na significant project under the State Development and Public Works Organisation Act 1971 ; or\ndevelopment categorised under a planning scheme as assessable development for the Planning Act ; or\ndevelopment in a priority development area under the Economic Development Act 2012 .\nThe chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact.\nAfter assessing the impact, the chief executive may decide to do 1 or more of the following—\ngive the entity a direction about the use of the road to lessen the impact;\nrequire the entity—\nto carry out works to lessen the impact; or\nto pay an amount as compensation for the impact.\nThe chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\nThe amount required to be paid under subsection (3) (b) (ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction.\nThe regulation mentioned in subsection (1) (a) —\nmust contain a process under which the chief executive’s decision may be reviewed; and\nmay contain a process for enforcing the decision.\ns 49 ins 2003 No. 64 s 147\namd 2007 No. 41 s 247 ; 2009 No. 47 s 5 sch ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 562\n(sec.49-ssec.1) This section applies if— the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and the activity is not for— a significant project under the State Development and Public Works Organisation Act 1971 ; or development categorised under a planning scheme as assessable development for the Planning Act ; or development in a priority development area under the Economic Development Act 2012 .\n(sec.49-ssec.2) The chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact.\n(sec.49-ssec.3) After assessing the impact, the chief executive may decide to do 1 or more of the following— give the entity a direction about the use of the road to lessen the impact; require the entity— to carry out works to lessen the impact; or to pay an amount as compensation for the impact.\n(sec.49-ssec.4) The chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\n(sec.49-ssec.5) The amount required to be paid under subsection (3) (b) (ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction.\n(sec.49-ssec.6) The regulation mentioned in subsection (1) (a) — must contain a process under which the chief executive’s decision may be reviewed; and may contain a process for enforcing the decision.\n- (a) the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and\n- (b) the activity is not for— (i) a significant project under the State Development and Public Works Organisation Act 1971 ; or (ii) development categorised under a planning scheme as assessable development for the Planning Act ; or (iii) development in a priority development area under the Economic Development Act 2012 .\n- (i) a significant project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under a planning scheme as assessable development for the Planning Act ; or\n- (iii) development in a priority development area under the Economic Development Act 2012 .\n- (i) a significant project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under a planning scheme as assessable development for the Planning Act ; or\n- (iii) development in a priority development area under the Economic Development Act 2012 .\n- (a) give the entity a direction about the use of the road to lessen the impact;\n- (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (a) must contain a process under which the chief executive’s decision may be reviewed; and\n- (b) may contain a process for enforcing the decision.","sortOrder":49},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Impact of particular development and State-controlled roads","content":"### sec.49A Impact of particular development and State-controlled roads\n\nThis section applies if the chief executive is—\na referral agency for a development application; or\nthe responsible entity or a referral agency for a change application.\nAlso, this section has as its purpose ensuring—\nthe efficient and safe management of State-controlled roads; and\nthat development addresses impacts on the development from environmental emissions generated by State-controlled roads.\nair particles, fumes, light, noise\nFor performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\nSubsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\ns 49A ins 2010 No. 19 s 193\namd 2016 No. 27 s 563 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.49A-ssec.1) This section applies if the chief executive is— a referral agency for a development application; or the responsible entity or a referral agency for a change application.\n(sec.49A-ssec.2) Also, this section has as its purpose ensuring— the efficient and safe management of State-controlled roads; and that development addresses impacts on the development from environmental emissions generated by State-controlled roads. air particles, fumes, light, noise\n(sec.49A-ssec.3) For performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\n(sec.49A-ssec.4) Subsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\n- (a) a referral agency for a development application; or\n- (b) the responsible entity or a referral agency for a change application.\n- (a) the efficient and safe management of State-controlled roads; and\n- (b) that development addresses impacts on the development from environmental emissions generated by State-controlled roads. Examples of environmental emissions— air particles, fumes, light, noise","sortOrder":50},{"sectionNumber":"ch.6-pt.5-div.2","sectionType":"division","heading":"Ancillary works and encroachments and roadside facilities","content":"## Ancillary works and encroachments and roadside facilities","sortOrder":51},{"sectionNumber":"sec.50","sectionType":"section","heading":"Ancillary works and encroachments","content":"### sec.50 Ancillary works and encroachments\n\nThe chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road.\nA person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct—\nis approved in writing by the chief executive; or\nconforms to requirements stated in a notice made by the chief executive under subsection (4) ; or\nis done as required by a written arrangement entered into with the chief executive; or\nis approved under this Act, other than this section; or\nis permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government.\nancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66\nMaximum penalty—200 penalty units.\nA person may apply to the chief executive for an approval mentioned in subsection (2) (a) .\nSee part 10 for general provisions about the application.\nFor the purpose of subsection (2) (b) , the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice.\nThe chief executive must publish a notice made under subsection (4) on the department’s website.\nAn approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive.\nIn this section—\narrangement includes an agreement, contract, deed, lease and permit.\ns 50 amd 1995 No. 9 s 92 sch 1 ; 1999 No. 42 s 54 (3) sch pt 3 ; 2000 No. 6 s 13 ; 2007 No. 41 s 248 ; 2010 No. 19 s 194 ; 2012 No. 43 s 325 sch 2\nsub 2019 No. 25 s 67\n(sec.50-ssec.1) The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road.\n(sec.50-ssec.2) A person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct— is approved in writing by the chief executive; or conforms to requirements stated in a notice made by the chief executive under subsection (4) ; or is done as required by a written arrangement entered into with the chief executive; or is approved under this Act, other than this section; or is permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government. ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66 Maximum penalty—200 penalty units.\n(sec.50-ssec.3) A person may apply to the chief executive for an approval mentioned in subsection (2) (a) . See part 10 for general provisions about the application.\n(sec.50-ssec.4) For the purpose of subsection (2) (b) , the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice.\n(sec.50-ssec.5) The chief executive must publish a notice made under subsection (4) on the department’s website.\n(sec.50-ssec.6) An approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive.\n(sec.50-ssec.7) In this section— arrangement includes an agreement, contract, deed, lease and permit.\n- (a) is approved in writing by the chief executive; or\n- (b) conforms to requirements stated in a notice made by the chief executive under subsection (4) ; or\n- (c) is done as required by a written arrangement entered into with the chief executive; or\n- (d) is approved under this Act, other than this section; or\n- (e) is permitted under the Land Act 1994 , the Transport Operations (Road Use Management) Act 1995 , the Economic Development Act 2012 or an Act about local government. Example for paragraph (e) — ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995 , section 66","sortOrder":52},{"sectionNumber":"sec.51","sectionType":"section","heading":"Presumptions about advertising notices","content":"### sec.51 Presumptions about advertising notices\n\nThis section applies to a prosecution for an offence against section 50 (2) in relation to an advertising notice.\nEach person whose product or service is advertised on the notice is taken to maintain the notice, unless the person proves the advertisement was placed without the person’s knowledge or permission.\ns 51 ins 1995 No. 9 s 92 sch 1\namd 2019 No. 25 s 68\n(sec.51-ssec.1) This section applies to a prosecution for an offence against section 50 (2) in relation to an advertising notice.\n(sec.51-ssec.2) Each person whose product or service is advertised on the notice is taken to maintain the notice, unless the person proves the advertisement was placed without the person’s knowledge or permission.","sortOrder":53},{"sectionNumber":"sec.52","sectionType":"section","heading":"Alteration etc. of ancillary works and encroachments","content":"### sec.52 Alteration etc. of ancillary works and encroachments\n\nIf ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50 , the chief executive may—\ncause them to be altered, relocated, made safe or removed; or\nfor activities—direct that their conduct be altered or that they stop being conducted.\nA person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them.\nIf ancillary works and encroachments are removed under subsection (1) , the chief executive may cause them to be sold or destroyed.\nIf the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order—\nin payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments;\nif there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund.\nA secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A) (a) or (b) .\nIf the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50 —\nby themselves or with other factors—\nare creating or may in the future create a traffic hazard; or\nare reducing or may in the future reduce safety; or\nare having or may in the future have an adverse effect on traffic operations; or\nrequire emergency action; or\nhave become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road;\nthe chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted.\nA person must comply with a direction under this section.\nMaximum penalty—200 penalty units.\nIf ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4) , the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal.\nIn this section—\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\ns 52 amd 1995 No. 9 s 92 sch 1 ; 2000 No. 6 s 14 ; 2010 No. 19 s 195 ; 2010 No. 44 s 217 ; 2014 No. 43 s 117 sch 1\n(sec.52-ssec.1) If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50 , the chief executive may— cause them to be altered, relocated, made safe or removed; or for activities—direct that their conduct be altered or that they stop being conducted.\n(sec.52-ssec.2) A person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them.\n(sec.52-ssec.3) If ancillary works and encroachments are removed under subsection (1) , the chief executive may cause them to be sold or destroyed.\n(sec.52-ssec.3A) If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments; if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund.\n(sec.52-ssec.3B) A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A) (a) or (b) .\n(sec.52-ssec.4) If the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50 — by themselves or with other factors— are creating or may in the future create a traffic hazard; or are reducing or may in the future reduce safety; or are having or may in the future have an adverse effect on traffic operations; or require emergency action; or have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road; the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted.\n(sec.52-ssec.5) A person must comply with a direction under this section. Maximum penalty—200 penalty units.\n(sec.52-ssec.6) If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4) , the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal.\n(sec.52-ssec.7) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\n- (a) cause them to be altered, relocated, made safe or removed; or\n- (b) for activities—direct that their conduct be altered or that they stop being conducted.\n- (a) in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments;\n- (b) if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund.\n- (a) by themselves or with other factors— (i) are creating or may in the future create a traffic hazard; or (ii) are reducing or may in the future reduce safety; or (iii) are having or may in the future have an adverse effect on traffic operations; or\n- (i) are creating or may in the future create a traffic hazard; or\n- (ii) are reducing or may in the future reduce safety; or\n- (iii) are having or may in the future have an adverse effect on traffic operations; or\n- (b) require emergency action; or\n- (c) have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road;\n- (i) are creating or may in the future create a traffic hazard; or\n- (ii) are reducing or may in the future reduce safety; or\n- (iii) are having or may in the future have an adverse effect on traffic operations; or","sortOrder":54},{"sectionNumber":"sec.53","sectionType":"section","heading":"Definitions","content":"### sec.53 Definitions\n\nIn this subdivision—\napproved means of access ...\ns 53 def approved means of access om 2000 No. 6 s 16 (1)\ndeclaration has the meaning given by section 54 (1) .\ns 53 def declaration ins 2000 No. 6 s 16 (2)\nland , adjacent to a State-controlled road, includes land that is not adjacent to the road but is benefited by an easement, registered under the Land Title Act 1994 —\nthat is over land that is adjacent to the road; and\nthat starts at the boundary between the land mentioned in paragraph (a) and the road.\ns 53 def land ins 2000 No. 6 s 16 (2)\nowner includes a lessee under the Land Act 1994 .\ns 53 def owner ins 2000 No. 6 s 16 (2)\npermitted road access location means a permitted road access location under a decision in force under section 62 (1) .\ns 53 def permitted road access location ins 2000 No. 6 s 16 (2)\nroad access location means a location on a property boundary between land and a road for the entry or exit of traffic.\ns 53 def road access location ins 2000 No. 6 s 16 (2)\nState-controlled road includes a road or land that the chief executive has notified the relevant local government in writing is intended to become a State-controlled road.\n- (a) that is over land that is adjacent to the road; and\n- (b) that starts at the boundary between the land mentioned in paragraph (a) and the road.","sortOrder":55},{"sectionNumber":"sec.54","sectionType":"section","heading":"Limited access roads","content":"### sec.54 Limited access roads\n\nThe chief executive, by gazette notice complying with sections 56 and 57 , may declare part or all of a State-controlled road to be a limited access road (a declaration ).\nFor each limited access road proposed to be declared, the chief executive must make a policy about the application of section 62 to access between the limited access road and adjacent land.\nFor a State-controlled road that is a limited access road under section 516 (1) , the chief executive may—\ndevelop a policy about the application of section 62 to access between the road and adjacent land; and\npublish a gazette notice complying with section 57 about the policy.\nIf a gazette notice mentioned in subsection (1) or (3) is published for a limited access road, the chief executive—\nmust ensure there is always a policy for the road while it is a limited access road; and\nby gazette notice complying with section 57 , may replace the policy as it exists at any time for the road; and\nwithout a gazette notice, may amend the policy under section 58 ; and\nmust apply the policy as made, amended or replaced.\ns 54 sub 2000 No. 6 s 17\n(sec.54-ssec.1) The chief executive, by gazette notice complying with sections 56 and 57 , may declare part or all of a State-controlled road to be a limited access road (a declaration ).\n(sec.54-ssec.2) For each limited access road proposed to be declared, the chief executive must make a policy about the application of section 62 to access between the limited access road and adjacent land.\n(sec.54-ssec.3) For a State-controlled road that is a limited access road under section 516 (1) , the chief executive may— develop a policy about the application of section 62 to access between the road and adjacent land; and publish a gazette notice complying with section 57 about the policy.\n(sec.54-ssec.4) If a gazette notice mentioned in subsection (1) or (3) is published for a limited access road, the chief executive— must ensure there is always a policy for the road while it is a limited access road; and by gazette notice complying with section 57 , may replace the policy as it exists at any time for the road; and without a gazette notice, may amend the policy under section 58 ; and must apply the policy as made, amended or replaced.\n- (a) develop a policy about the application of section 62 to access between the road and adjacent land; and\n- (b) publish a gazette notice complying with section 57 about the policy.\n- (a) must ensure there is always a policy for the road while it is a limited access road; and\n- (b) by gazette notice complying with section 57 , may replace the policy as it exists at any time for the road; and\n- (c) without a gazette notice, may amend the policy under section 58 ; and\n- (d) must apply the policy as made, amended or replaced.","sortOrder":56},{"sectionNumber":"sec.55","sectionType":"section","heading":"Local government to be consulted on proposed declaration or policy","content":"### sec.55 Local government to be consulted on proposed declaration or policy\n\nThe chief executive must, before giving effect to a proposal to publish a gazette notice to make, amend or revoke a declaration or to make, amend or replace a policy for a limited access road—\nnotify each local government, that the chief executive considers is affected by the proposal, of the proposal; and\ngive each notified local government a reasonable opportunity to make a submission to the chief executive on the proposal.\ns 55 ins 2000 No. 6 s 17\n- (a) notify each local government, that the chief executive considers is affected by the proposal, of the proposal; and\n- (b) give each notified local government a reasonable opportunity to make a submission to the chief executive on the proposal.","sortOrder":57},{"sectionNumber":"sec.56","sectionType":"section","heading":"Information in s 54 gazette notice about a declaration","content":"### sec.56 Information in s 54 gazette notice about a declaration\n\nA gazette notice under section 54 (1) must state the reasons for the declaration.\nThe gazette notice must also state that any person whose interests are affected by the declaration may—\nunder section 485 —ask for the decision to make the declaration (the original decision ) to be reviewed by the chief executive; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 3 —\nappeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\napply for the reviewed decision to be stayed.\ns 56 ins 2000 No. 6 s 17\nsub 2009 No. 24 s 1715\n(sec.56-ssec.1) A gazette notice under section 54 (1) must state the reasons for the declaration.\n(sec.56-ssec.2) The gazette notice must also state that any person whose interests are affected by the declaration may— under section 485 —ask for the decision to make the declaration (the original decision ) to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and apply for the reviewed decision to be stayed.\n- (a) under section 485 —ask for the decision to make the declaration (the original decision ) to be reviewed by the chief executive; and\n- (b) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\n- (c) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (i) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (ii) apply for the reviewed decision to be stayed.\n- (i) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\n- (ii) apply for the reviewed decision to be stayed.\n- (i) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\n- (ii) apply for the reviewed decision to be stayed.","sortOrder":58},{"sectionNumber":"sec.57","sectionType":"section","heading":"Information in s 54 gazette notice about new or replacement policy","content":"### sec.57 Information in s 54 gazette notice about new or replacement policy\n\nA gazette notice under section 54 (1) , (3) (b) or (4) (b) for a limited access road must state the following—\nthat there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land;\nif the policy is replacing another policy, that a policy identified in the notice is being replaced;\nthe text of section 61 ;\neither—\nthe text of the policy; or\na notice that the policy is available for inspection, free of charge, during business hours at stated places;\nthat the policy may be amended at any time without a gazette notice if—\nthe amendment merely changes or repeals specific provision for 1 or more particular properties; and\nthe owner or occupier of each property has been given written notice of the amendment;\nthat any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may—\nunder section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 3 —\nappeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\napply for the reviewed decision to be stayed.\nIf the policy for the limited access road is replacing another policy, the rights mentioned in subsection (1) (f) of a person mentioned in subsection (1) (f) are limited to any change the policy makes to the replaced policy.\ns 57 ins 2000 No. 6 s 17\namd 2009 No. 24 s 1716\n(sec.57-ssec.1) A gazette notice under section 54 (1) , (3) (b) or (4) (b) for a limited access road must state the following— that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land; if the policy is replacing another policy, that a policy identified in the notice is being replaced; the text of section 61 ; either— the text of the policy; or a notice that the policy is available for inspection, free of charge, during business hours at stated places; that the policy may be amended at any time without a gazette notice if— the amendment merely changes or repeals specific provision for 1 or more particular properties; and the owner or occupier of each property has been given written notice of the amendment; that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may— under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and apply for the reviewed decision to be stayed.\n(sec.57-ssec.2) If the policy for the limited access road is replacing another policy, the rights mentioned in subsection (1) (f) of a person mentioned in subsection (1) (f) are limited to any change the policy makes to the replaced policy.\n- (a) that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land;\n- (b) if the policy is replacing another policy, that a policy identified in the notice is being replaced;\n- (c) the text of section 61 ;\n- (d) either— (i) the text of the policy; or (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;\n- (i) the text of the policy; or\n- (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;\n- (e) that the policy may be amended at any time without a gazette notice if— (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and (ii) the owner or occupier of each property has been given written notice of the amendment;\n- (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and\n- (ii) the owner or occupier of each property has been given written notice of the amendment;\n- (f) that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may— (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.\n- (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\n- (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.\n- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\n- (B) apply for the reviewed decision to be stayed.\n- (i) the text of the policy; or\n- (ii) a notice that the policy is available for inspection, free of charge, during business hours at stated places;\n- (i) the amendment merely changes or repeals specific provision for 1 or more particular properties; and\n- (ii) the owner or occupier of each property has been given written notice of the amendment;\n- (i) under section 485 —ask for the decision about the policy to be applied (the original decision ) to be reviewed by the chief executive; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\n- (iii) under the Transport Planning and Coordination Act 1994 , part 5 , division 3 — (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and (B) apply for the reviewed decision to be stayed.\n- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\n- (B) apply for the reviewed decision to be stayed.\n- (A) appeal against the chief executive’s decision on the review (the reviewed decision ) to the court stated in schedule 3 for the decision; and\n- (B) apply for the reviewed decision to be stayed.","sortOrder":59},{"sectionNumber":"sec.58","sectionType":"section","heading":"Amendment of policy for a limited access road in limited circumstances","content":"### sec.58 Amendment of policy for a limited access road in limited circumstances\n\nThe chief executive may amend a policy for a limited access, as opposed to replacing the policy, if—\nthe amendment is a mere change or repeal of a specific provision for 1 or more particular properties; and\nthe chief executive has given the owner or occupier of each property written notice of the amendment.\nThe written notice mentioned in subsection (1) (b) must—\nstate the notice is given under this section; and\nstate the reasons for the decision; and\nbe accompanied by an information notice for the decision.\ns 58 ins 2000 No. 6 s 17\namd 2009 No. 24 s 1717\n(sec.58-ssec.1) The chief executive may amend a policy for a limited access, as opposed to replacing the policy, if— the amendment is a mere change or repeal of a specific provision for 1 or more particular properties; and the chief executive has given the owner or occupier of each property written notice of the amendment.\n(sec.58-ssec.2) The written notice mentioned in subsection (1) (b) must— state the notice is given under this section; and state the reasons for the decision; and be accompanied by an information notice for the decision.\n- (a) the amendment is a mere change or repeal of a specific provision for 1 or more particular properties; and\n- (b) the chief executive has given the owner or occupier of each property written notice of the amendment.\n- (a) state the notice is given under this section; and\n- (b) state the reasons for the decision; and\n- (c) be accompanied by an information notice for the decision.","sortOrder":60},{"sectionNumber":"sec.59","sectionType":"section","heading":"Gazette notices must show location of limited access road","content":"### sec.59 Gazette notices must show location of limited access road\n\nA gazette notice under section 54 must contain enough information to allow the location of the limited access road to be identified, for example, by including the following information—\nthe points at which the limited access road starts or ends;\nits alignment;\nthe boundaries of the State-controlled road to which limitation of access is to be applied.\ns 59 ins 2000 No. 6 s 17\namd 2014 No. 43 s 117 sch 1\n- (a) the points at which the limited access road starts or ends;\n- (b) its alignment;\n- (c) the boundaries of the State-controlled road to which limitation of access is to be applied.","sortOrder":61},{"sectionNumber":"sec.60","sectionType":"section","heading":"Advertisement of gazette notice","content":"### sec.60 Advertisement of gazette notice\n\nThe publishing of a gazette notice under section 54 must be advertised in a way the chief executive considers appropriate, including, for example, on the department’s website, in the electronic version of a newspaper or in a newspaper circulating in the area of the limited access road.\ns 60 ins 2000 No. 6 s 17\namd 2024 No. 2 s 17","sortOrder":62},{"sectionNumber":"sec.61","sectionType":"section","heading":"Offence for limited access roads","content":"### sec.61 Offence for limited access roads\n\nA person must not construct or change a physical means of entry or exit for traffic between land and a limited access road without first obtaining a decision under section 62 (1) that authorises the construction or change.\nMaximum penalty—200 penalty units.\ns 61 ins 2000 No. 6 s 17","sortOrder":63},{"sectionNumber":"sec.62","sectionType":"section","heading":"Management of access between individual properties and State-controlled roads","content":"### sec.62 Management of access between individual properties and State-controlled roads\n\nThe chief executive may, for 1 or more State-controlled roads and particular adjacent land, on application by a person with an interest in the land or the chief executive’s own initiative, make a written decision stating any of the following—\nthe location or locations at which access between the land and the road is permitted (a permitted road access location );\nrestrictions on the use of a permitted road access location;\nconditions on the use of a permitted road access location;\nwhere particular road access works, or a stated type of road access works, must be situated;\nconditions or restrictions on the use of road access works;\nthat access at a location or locations is no longer permitted;\nthat road access works for construction at a place must be of a stated type, standard or extent or be constructed in a stated way;\nthat either the type, construction or extent of existing road access works must be changed in a way stated by the chief executive or the use of the works must be discontinued;\nthat all access between the road and the land is prohibited or no longer prohibited;\nthat stated existing road access works must be removed by the owner within a stated reasonable time;\nwithout limiting paragraphs (f) to (j) , that anything mentioned in paragraphs (a) to (e) is changed or must be changed as stated in the decision.\nSee part 10 for general provisions about the application.\nA condition or restriction under subsection (1) may, for example, be any of the following—\na prohibition on the use of the permitted road access location or road access works by pedestrians;\na prohibition on turns by vehicles going in or out of the land;\na restriction on the type and number of vehicles the owner, occupier or person who applied for the decision may allow to use the permitted road access location;\na requirement that the owner, occupier or person who applied for the decision take reasonable, or stated reasonable, steps to ensure the permitted road access location is used by others in accordance with the conditions;\na restriction on when the permitted road access location may be used.\nAll or part of a decision may be limited to a stated period by reference to time or circumstance.\nA decision must be consistent with any policy under section 54 that is applicable to the decision.\ns 62 sub 2000 No. 6 s 17\namd 2004 No. 53 s 2 sch ; 2019 No. 25 s 69\n(sec.62-ssec.1) The chief executive may, for 1 or more State-controlled roads and particular adjacent land, on application by a person with an interest in the land or the chief executive’s own initiative, make a written decision stating any of the following— the location or locations at which access between the land and the road is permitted (a permitted road access location ); restrictions on the use of a permitted road access location; conditions on the use of a permitted road access location; where particular road access works, or a stated type of road access works, must be situated; conditions or restrictions on the use of road access works; that access at a location or locations is no longer permitted; that road access works for construction at a place must be of a stated type, standard or extent or be constructed in a stated way; that either the type, construction or extent of existing road access works must be changed in a way stated by the chief executive or the use of the works must be discontinued; that all access between the road and the land is prohibited or no longer prohibited; that stated existing road access works must be removed by the owner within a stated reasonable time; without limiting paragraphs (f) to (j) , that anything mentioned in paragraphs (a) to (e) is changed or must be changed as stated in the decision. See part 10 for general provisions about the application.\n(sec.62-ssec.2) A condition or restriction under subsection (1) may, for example, be any of the following— a prohibition on the use of the permitted road access location or road access works by pedestrians; a prohibition on turns by vehicles going in or out of the land; a restriction on the type and number of vehicles the owner, occupier or person who applied for the decision may allow to use the permitted road access location; a requirement that the owner, occupier or person who applied for the decision take reasonable, or stated reasonable, steps to ensure the permitted road access location is used by others in accordance with the conditions; a restriction on when the permitted road access location may be used.\n(sec.62-ssec.3) All or part of a decision may be limited to a stated period by reference to time or circumstance.\n(sec.62-ssec.4) A decision must be consistent with any policy under section 54 that is applicable to the decision.\n- (a) the location or locations at which access between the land and the road is permitted (a permitted road access location );\n- (b) restrictions on the use of a permitted road access location;\n- (c) conditions on the use of a permitted road access location;\n- (d) where particular road access works, or a stated type of road access works, must be situated;\n- (e) conditions or restrictions on the use of road access works;\n- (f) that access at a location or locations is no longer permitted;\n- (g) that road access works for construction at a place must be of a stated type, standard or extent or be constructed in a stated way;\n- (h) that either the type, construction or extent of existing road access works must be changed in a way stated by the chief executive or the use of the works must be discontinued;\n- (i) that all access between the road and the land is prohibited or no longer prohibited;\n- (j) that stated existing road access works must be removed by the owner within a stated reasonable time;\n- (k) without limiting paragraphs (f) to (j) , that anything mentioned in paragraphs (a) to (e) is changed or must be changed as stated in the decision.\n- (a) a prohibition on the use of the permitted road access location or road access works by pedestrians;\n- (b) a prohibition on turns by vehicles going in or out of the land;\n- (c) a restriction on the type and number of vehicles the owner, occupier or person who applied for the decision may allow to use the permitted road access location;\n- (d) a requirement that the owner, occupier or person who applied for the decision take reasonable, or stated reasonable, steps to ensure the permitted road access location is used by others in accordance with the conditions;\n- (e) a restriction on when the permitted road access location may be used.","sortOrder":64},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Particular applications taken to be application for decision under s 62 (1)","content":"### sec.62A Particular applications taken to be application for decision under s 62 (1)\n\nThis section applies if—\na development application or a change application (each a planning application ) is made under the Planning Act ; and\nthe planning chief executive is—\nif the planning application is a development application—the assessment manager or a referral agency for the application; or\nif the planning application is a change application—the responsible entity for the application; and\nthe proposed development involves constructing or changing a vehicular access between the land the subject of the application (the subject land ) and a State-controlled road; and\neither—\nthe chief executive has not made a decision under section 62 (1) in relation to the subject land; or\nthe chief executive has made a decision under section 62 (1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.\nThe planning application is taken to also be an application for a decision under section 62 (1) .\nIf the planning application lapses, or is changed or withdrawn, under the Planning Act , the application for a decision under section 62 (1) also lapses, or is taken to have been changed or withdrawn.\nTo remove any doubt, it is declared that this section applies even if the applicant for the planning application does not have an interest in the subject land.\nIn this section—\nproposed development means—\nfor a development application—the development the subject of the application; or\nfor a change application—the development the subject of the development approval to which the change application relates, as the development is proposed to be changed under the change application.\ns 62A ins 2016 No. 27 s 563A\n(sec.62A-ssec.1) This section applies if— a development application or a change application (each a planning application ) is made under the Planning Act ; and the planning chief executive is— if the planning application is a development application—the assessment manager or a referral agency for the application; or if the planning application is a change application—the responsible entity for the application; and the proposed development involves constructing or changing a vehicular access between the land the subject of the application (the subject land ) and a State-controlled road; and either— the chief executive has not made a decision under section 62 (1) in relation to the subject land; or the chief executive has made a decision under section 62 (1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.\n(sec.62A-ssec.2) The planning application is taken to also be an application for a decision under section 62 (1) .\n(sec.62A-ssec.3) If the planning application lapses, or is changed or withdrawn, under the Planning Act , the application for a decision under section 62 (1) also lapses, or is taken to have been changed or withdrawn.\n(sec.62A-ssec.4) To remove any doubt, it is declared that this section applies even if the applicant for the planning application does not have an interest in the subject land.\n(sec.62A-ssec.5) In this section— proposed development means— for a development application—the development the subject of the application; or for a change application—the development the subject of the development approval to which the change application relates, as the development is proposed to be changed under the change application.\n- (a) a development application or a change application (each a planning application ) is made under the Planning Act ; and\n- (b) the planning chief executive is— (i) if the planning application is a development application—the assessment manager or a referral agency for the application; or (ii) if the planning application is a change application—the responsible entity for the application; and\n- (i) if the planning application is a development application—the assessment manager or a referral agency for the application; or\n- (ii) if the planning application is a change application—the responsible entity for the application; and\n- (c) the proposed development involves constructing or changing a vehicular access between the land the subject of the application (the subject land ) and a State-controlled road; and\n- (d) either— (i) the chief executive has not made a decision under section 62 (1) in relation to the subject land; or (ii) the chief executive has made a decision under section 62 (1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.\n- (i) the chief executive has not made a decision under section 62 (1) in relation to the subject land; or\n- (ii) the chief executive has made a decision under section 62 (1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.\n- (i) if the planning application is a development application—the assessment manager or a referral agency for the application; or\n- (ii) if the planning application is a change application—the responsible entity for the application; and\n- (i) the chief executive has not made a decision under section 62 (1) in relation to the subject land; or\n- (ii) the chief executive has made a decision under section 62 (1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.\n- (a) for a development application—the development the subject of the application; or\n- (b) for a change application—the development the subject of the development approval to which the change application relates, as the development is proposed to be changed under the change application.","sortOrder":65},{"sectionNumber":"sec.63","sectionType":"section","heading":"Request for information","content":"### sec.63 Request for information\n\nThe chief executive may, by written notice, ask an applicant for a decision under section 62 (1) for further information needed to decide the application.\nThe applicant must give the requested information to the chief executive by—\nthe day stated in the notice; or\na later day agreed between the applicant and the chief executive.\nIf the chief executive asks, under this section, for further information about an application, the chief executive may refuse to decide the application until the applicant gives the required information.\nHowever, subsection (3) does not apply to a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) .\ns 63 ins 2000 No. 6 s 17\nsub 2016 No. 27 s 563B\n(sec.63-ssec.1) The chief executive may, by written notice, ask an applicant for a decision under section 62 (1) for further information needed to decide the application.\n(sec.63-ssec.2) The applicant must give the requested information to the chief executive by— the day stated in the notice; or a later day agreed between the applicant and the chief executive.\n(sec.63-ssec.3) If the chief executive asks, under this section, for further information about an application, the chief executive may refuse to decide the application until the applicant gives the required information.\n(sec.63-ssec.4) However, subsection (3) does not apply to a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) .\n- (a) the day stated in the notice; or\n- (b) a later day agreed between the applicant and the chief executive.","sortOrder":66},{"sectionNumber":"sec.64","sectionType":"section","heading":"Decision under s 62 (1) may impose construction or financial obligation","content":"### sec.64 Decision under s 62 (1) may impose construction or financial obligation\n\nA decision under section 62 (1) made on an application may include either or both of the following conditions—\nthat the applicant construct, pay for, or contribute to the cost of, stated road access works to be constructed to a stated standard;\nthat the applicant maintain, pay for, or contribute to the cost of, maintaining stated road access works to a stated standard.\nHowever, this section does not apply if the application is made in compliance with a direction given under section 69 .\ns 64 prev s 64 om 2003 No. 29 s 384\npres s 64 ins 2000 No. 6 s 17\namd 2009 No. 47 s 5 sch ; 2016 No. 27 s 563C\n(sec.64-ssec.1) A decision under section 62 (1) made on an application may include either or both of the following conditions— that the applicant construct, pay for, or contribute to the cost of, stated road access works to be constructed to a stated standard; that the applicant maintain, pay for, or contribute to the cost of, maintaining stated road access works to a stated standard.\n(sec.64-ssec.2) However, this section does not apply if the application is made in compliance with a direction given under section 69 .\n- (a) that the applicant construct, pay for, or contribute to the cost of, stated road access works to be constructed to a stated standard;\n- (b) that the applicant maintain, pay for, or contribute to the cost of, maintaining stated road access works to a stated standard.","sortOrder":67},{"sectionNumber":"sec.65","sectionType":"section","heading":"Limitation on new decisions under s 62 (1)","content":"### sec.65 Limitation on new decisions under s 62 (1)\n\nIf there is a permitted road access location for land, the chief executive may make a new decision under section 62 (1) for the land on the chief executive’s own initiative only if the chief executive considers the permitted road access location, road access works associated with it, or the use of either of them—\nby themselves, or with other factors—\nare creating or may in the future create a traffic hazard; or\nare reducing or may in the future reduce safety; or\nare having or may in the future have an adverse effect on traffic operations; or\nrequire emergency action; or\nhas become or may in the future become an obstacle to—\nthe carrying out of road works on a State-controlled road; or\nthe construction, augmentation, alteration or maintenance of ancillary works and encroachments, or public utility plant, on a State-controlled road.\ns 65 ins 2000 No. 6 s 17\n- (a) by themselves, or with other factors— (i) are creating or may in the future create a traffic hazard; or (ii) are reducing or may in the future reduce safety; or (iii) are having or may in the future have an adverse effect on traffic operations; or\n- (i) are creating or may in the future create a traffic hazard; or\n- (ii) are reducing or may in the future reduce safety; or\n- (iii) are having or may in the future have an adverse effect on traffic operations; or\n- (b) require emergency action; or\n- (c) has become or may in the future become an obstacle to— (i) the carrying out of road works on a State-controlled road; or (ii) the construction, augmentation, alteration or maintenance of ancillary works and encroachments, or public utility plant, on a State-controlled road.\n- (i) the carrying out of road works on a State-controlled road; or\n- (ii) the construction, augmentation, alteration or maintenance of ancillary works and encroachments, or public utility plant, on a State-controlled road.\n- (i) are creating or may in the future create a traffic hazard; or\n- (ii) are reducing or may in the future reduce safety; or\n- (iii) are having or may in the future have an adverse effect on traffic operations; or\n- (i) the carrying out of road works on a State-controlled road; or\n- (ii) the construction, augmentation, alteration or maintenance of ancillary works and encroachments, or public utility plant, on a State-controlled road.","sortOrder":68},{"sectionNumber":"sec.66","sectionType":"section","heading":"Road access works within State-controlled road","content":"### sec.66 Road access works within State-controlled road\n\nTo remove doubt, it is declared that—\na decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and\nsection 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.\nAlso, it is declared that the chief executive is not obliged to consider making or obliged to make a decision for a person under section 62 (1) in relation to road access works to the extent they are on, or part of, a State-controlled road if none of the following circumstances relevant to the decision exist—\naction by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ;\naction by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).\nSubsection (2) does not limit the discretion of the chief executive under section 62 (1) .\ns 66 ins 2000 No. 6 s 17\n(sec.66-ssec.1) To remove doubt, it is declared that— a decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.\n(sec.66-ssec.2) Also, it is declared that the chief executive is not obliged to consider making or obliged to make a decision for a person under section 62 (1) in relation to road access works to the extent they are on, or part of, a State-controlled road if none of the following circumstances relevant to the decision exist— action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ; action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).\n(sec.66-ssec.3) Subsection (2) does not limit the discretion of the chief executive under section 62 (1) .\n- (a) a decision under section 62 (1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and\n- (b) section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.\n- (a) action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) ;\n- (b) action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).","sortOrder":69},{"sectionNumber":"sec.67","sectionType":"section","heading":"Notice of decision under s 62 (1)","content":"### sec.67 Notice of decision under s 62 (1)\n\nIf the chief executive makes a decision under section 62 (1) , the chief executive must give written notice of the decision to—\nif the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or\notherwise, each of the following persons—\nthe owner of the land to which the decision relates;\nthe occupier of the land to which the decision relates;\nany person who may have applied for the decision.\nThe notice must state the following—\nthe notice is given under this section;\nthe reasons for the decision;\nif the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ;\nif the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ;\nthe text of section 70 ;\nthat there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances.\nSubsection (4) applies if the decision is not a decision sought by—\nfor a decision on a planning application mentioned in subsection (1) (a) —the applicant; or\nfor any other decision—the person to whom the notice is given.\nThe notice must be accompanied by an information notice for the decision.\nSubsections (6) to (8) apply if the decision is on a planning application mentioned in subsection (1) (a) .\nThe notice—\nmust be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and\nmust then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant—\na referral agency’s response under the Planning Act for the planning application; or\na decision notice, under the Planning Act , section 63 or 83 , for the planning application; and\nis taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive.\nIf a development approval, or changed development approval, is given for the planning application, the decision under section 62 (1) —\nstarts to have effect when the approval has effect; and\nstops having effect if the approval lapses or is cancelled; and\nreplaces any earlier decision made under section 62 (1) in relation to the land.\nIf the planning application is refused, the decision under section 62 (1) does not take effect.\nIn this section—\ndecision-making period means—\nfor a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or\nfor a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules.\nminor change application means a change application for a minor change to a development approval, as defined in the Planning Act .\nreferral agency’s response period , for a development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56 (4) of that Act for the application, including any extension of that period under the rules.\nresponse period , for a planning application, means—\nif the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or\nif the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or\nif the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act.\ns 67 ins 2000 No. 6 s 17\namd 2009 No. 24 s 1718 ; 2010 No. 19 s 196 ; 2016 No. 27 s 563D ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.67-ssec.1) If the chief executive makes a decision under section 62 (1) , the chief executive must give written notice of the decision to— if the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or otherwise, each of the following persons— the owner of the land to which the decision relates; the occupier of the land to which the decision relates; any person who may have applied for the decision.\n(sec.67-ssec.2) The notice must state the following— the notice is given under this section; the reasons for the decision; if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ; if the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ; the text of section 70 ; that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances.\n(sec.67-ssec.3) Subsection (4) applies if the decision is not a decision sought by— for a decision on a planning application mentioned in subsection (1) (a) —the applicant; or for any other decision—the person to whom the notice is given.\n(sec.67-ssec.4) The notice must be accompanied by an information notice for the decision.\n(sec.67-ssec.5) Subsections (6) to (8) apply if the decision is on a planning application mentioned in subsection (1) (a) .\n(sec.67-ssec.6) The notice— must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant— a referral agency’s response under the Planning Act for the planning application; or a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive.\n(sec.67-ssec.7) If a development approval, or changed development approval, is given for the planning application, the decision under section 62 (1) — starts to have effect when the approval has effect; and stops having effect if the approval lapses or is cancelled; and replaces any earlier decision made under section 62 (1) in relation to the land.\n(sec.67-ssec.8) If the planning application is refused, the decision under section 62 (1) does not take effect.\n(sec.67-ssec.9) In this section— decision-making period means— for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules. minor change application means a change application for a minor change to a development approval, as defined in the Planning Act . referral agency’s response period , for a development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56 (4) of that Act for the application, including any extension of that period under the rules. response period , for a planning application, means— if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or if the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act.\n- (a) if the decision is on a planning application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) —the planning chief executive; or\n- (b) otherwise, each of the following persons— (i) the owner of the land to which the decision relates; (ii) the occupier of the land to which the decision relates; (iii) any person who may have applied for the decision.\n- (i) the owner of the land to which the decision relates;\n- (ii) the occupier of the land to which the decision relates;\n- (iii) any person who may have applied for the decision.\n- (i) the owner of the land to which the decision relates;\n- (ii) the occupier of the land to which the decision relates;\n- (iii) any person who may have applied for the decision.\n- (a) the notice is given under this section;\n- (b) the reasons for the decision;\n- (c) if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70 ;\n- (d) if the notice is given to a person mentioned in subsection (1) (b) —that the person is bound by the decision because of section 70 ;\n- (e) the text of section 70 ;\n- (f) that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances.\n- (a) for a decision on a planning application mentioned in subsection (1) (a) —the applicant; or\n- (b) for any other decision—the person to whom the notice is given.\n- (a) must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and\n- (b) must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant— (i) a referral agency’s response under the Planning Act for the planning application; or (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and\n- (i) a referral agency’s response under the Planning Act for the planning application; or\n- (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and\n- (c) is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive.\n- (i) a referral agency’s response under the Planning Act for the planning application; or\n- (ii) a decision notice, under the Planning Act , section 63 or 83 , for the planning application; and\n- (a) starts to have effect when the approval has effect; and\n- (b) stops having effect if the approval lapses or is cancelled; and\n- (c) replaces any earlier decision made under section 62 (1) in relation to the land.\n- (a) for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or\n- (b) for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules.\n- (a) if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or\n- (b) if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or\n- (c) if the planning application is a minor change application—the period allowed under the Planning Act , section 81A (3) or (4) (b) for deciding the application, including any extension of that period under section 81A (5) of that Act.","sortOrder":70},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Request for copy of decision made under s 62 (1)","content":"### sec.67A Request for copy of decision made under s 62 (1)\n\nA person who has an interest in land may, in writing, ask the chief executive to give the person a copy of a decision in force under section 62 (1) for the land.\nIf a person asks the chief executive, under subsection (1) , for a copy of a decision, the chief executive must give the person the copy.\ns 67A ins 2016 No. 27 s 563E\n(sec.67A-ssec.1) A person who has an interest in land may, in writing, ask the chief executive to give the person a copy of a decision in force under section 62 (1) for the land.\n(sec.67A-ssec.2) If a person asks the chief executive, under subsection (1) , for a copy of a decision, the chief executive must give the person the copy.","sortOrder":71},{"sectionNumber":"sec.68","sectionType":"section","heading":"Other persons may, by notice, also become bound by a decision under s 62 (1)","content":"### sec.68 Other persons may, by notice, also become bound by a decision under s 62 (1)\n\nIf a particular person is not already bound by a decision under section 62 (1) , the chief executive may—\ngive the person a copy of the decision and of section 70 ; and\nnotify the person, in writing, that the person is bound, under this section, by the decision.\nA person notified under subsection (1) is bound by the decision.\ns 68 prev s 68 ins 1994 No. 49 s 5\nom 1995 No. 32 s 10\npres s 68 ins 2000 No. 6 s 17\n(sec.68-ssec.1) If a particular person is not already bound by a decision under section 62 (1) , the chief executive may— give the person a copy of the decision and of section 70 ; and notify the person, in writing, that the person is bound, under this section, by the decision.\n(sec.68-ssec.2) A person notified under subsection (1) is bound by the decision.\n- (a) give the person a copy of the decision and of section 70 ; and\n- (b) notify the person, in writing, that the person is bound, under this section, by the decision.","sortOrder":72},{"sectionNumber":"sec.69","sectionType":"section","heading":"Direction to owner or occupier to apply for permitted road access location","content":"### sec.69 Direction to owner or occupier to apply for permitted road access location\n\nThis section applies to land adjacent to a State-controlled road, if there is no decision in force under section 62 (1) for the land.\nThe chief executive may give a person who is the owner or occupier of the land a written direction that the person must do either or both of the following—\nwithin 28 days of the direction, apply under section 62 (1) to have the chief executive make a decision about access between the land and the State-controlled road;\nnot use, or permit anyone else to use, any road access location on any boundary between the land and the State-controlled road until the person has applied to the chief executive for a decision under section 62 (1) .\nThe direction must state the penalty for not complying with the direction.\nA person given a direction under subsection (2) must comply with the direction.\nMaximum penalty for subsection (4) —200 penalty units.\ns 69 ins 2000 No. 6 s 17\n(sec.69-ssec.1) This section applies to land adjacent to a State-controlled road, if there is no decision in force under section 62 (1) for the land.\n(sec.69-ssec.2) The chief executive may give a person who is the owner or occupier of the land a written direction that the person must do either or both of the following— within 28 days of the direction, apply under section 62 (1) to have the chief executive make a decision about access between the land and the State-controlled road; not use, or permit anyone else to use, any road access location on any boundary between the land and the State-controlled road until the person has applied to the chief executive for a decision under section 62 (1) .\n(sec.69-ssec.3) The direction must state the penalty for not complying with the direction.\n(sec.69-ssec.4) A person given a direction under subsection (2) must comply with the direction. Maximum penalty for subsection (4) —200 penalty units.\n- (a) within 28 days of the direction, apply under section 62 (1) to have the chief executive make a decision about access between the land and the State-controlled road;\n- (b) not use, or permit anyone else to use, any road access location on any boundary between the land and the State-controlled road until the person has applied to the chief executive for a decision under section 62 (1) .","sortOrder":73},{"sectionNumber":"sec.70","sectionType":"section","heading":"Offences about road access locations and road access works, relating to decisions under s 62 (1)","content":"### sec.70 Offences about road access locations and road access works, relating to decisions under s 62 (1)\n\nThis section applies to a person who has been given notice under section 67 or 68 of a decision under section 62 (1) about access between a State-controlled road and adjacent land.\nA person to whom this section applies must not—\nobtain access between the land and the State-controlled road other than at a location at which access is permitted under the decision; or\nobtain access using road access works to which the decision applies, if the works do not comply with the decision and the noncompliance was within the person’s control; or\nobtain any other access between the land and the road contrary to the decision; or\nuse a road access location or road access works contrary to the decision; or\ncontravene a condition stated in the decision; or\npermit another person to do a thing mentioned in paragraphs (a) to (e) ; or\nfail to remove road access works in accordance with the decision.\nMaximum penalty—200 penalty units.\nHowever, subsection (2) (g) does not apply to a person who is bound by the decision because of section 68 .\ns 70 amd 1995 No. 9 s 92 sch 1\nsub 2000 No. 6 s 17\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 197\n(sec.70-ssec.1) This section applies to a person who has been given notice under section 67 or 68 of a decision under section 62 (1) about access between a State-controlled road and adjacent land.\n(sec.70-ssec.2) A person to whom this section applies must not— obtain access between the land and the State-controlled road other than at a location at which access is permitted under the decision; or obtain access using road access works to which the decision applies, if the works do not comply with the decision and the noncompliance was within the person’s control; or obtain any other access between the land and the road contrary to the decision; or use a road access location or road access works contrary to the decision; or contravene a condition stated in the decision; or permit another person to do a thing mentioned in paragraphs (a) to (e) ; or fail to remove road access works in accordance with the decision. Maximum penalty—200 penalty units.\n(sec.70-ssec.3) However, subsection (2) (g) does not apply to a person who is bound by the decision because of section 68 .\n- (a) obtain access between the land and the State-controlled road other than at a location at which access is permitted under the decision; or\n- (b) obtain access using road access works to which the decision applies, if the works do not comply with the decision and the noncompliance was within the person’s control; or\n- (c) obtain any other access between the land and the road contrary to the decision; or\n- (d) use a road access location or road access works contrary to the decision; or\n- (e) contravene a condition stated in the decision; or\n- (f) permit another person to do a thing mentioned in paragraphs (a) to (e) ; or\n- (g) fail to remove road access works in accordance with the decision.","sortOrder":74},{"sectionNumber":"sec.71","sectionType":"section","heading":"Chief executive may take steps to prevent or deal with contravention","content":"### sec.71 Chief executive may take steps to prevent or deal with contravention\n\nThe chief executive may take reasonable and necessary steps to prevent, or protect the public from the consequences of, a person’s contravention of section 70 .\nIf the chief executive takes steps under subsection (1) , because a person contravenes or attempts to contravene section 70 , the chief executive may recover from the person as a debt the reasonable costs of taking the steps.\ns 71 sub 2000 No. 6 s 17\n(sec.71-ssec.1) The chief executive may take reasonable and necessary steps to prevent, or protect the public from the consequences of, a person’s contravention of section 70 .\n(sec.71-ssec.2) If the chief executive takes steps under subsection (1) , because a person contravenes or attempts to contravene section 70 , the chief executive may recover from the person as a debt the reasonable costs of taking the steps.","sortOrder":75},{"sectionNumber":"sec.72","sectionType":"section","heading":"Chief executive may supply or contribute to new access arrangements","content":"### sec.72 Chief executive may supply or contribute to new access arrangements\n\nThis section applies if a decision under section 62 (1) has an effect mentioned in section 73 (1) or (2) , and section 74 does not prevent the payment of compensation or remove the chief executive’s liability to pay compensation.\nThe chief executive may enter into an agreement with the owner, or the owner and the occupier, of the land for—\nthe supply by the chief executive of, or a contribution towards the supply by the chief executive of, alternative road access works between the State-controlled road and the adjacent land or between the adjacent land and another road; or\nthe carrying out, or a contribution towards the carrying out, of other works in relation to the land.\ns 72 sub 2000 No. 6 s 17\n(sec.72-ssec.1) This section applies if a decision under section 62 (1) has an effect mentioned in section 73 (1) or (2) , and section 74 does not prevent the payment of compensation or remove the chief executive’s liability to pay compensation.\n(sec.72-ssec.2) The chief executive may enter into an agreement with the owner, or the owner and the occupier, of the land for— the supply by the chief executive of, or a contribution towards the supply by the chief executive of, alternative road access works between the State-controlled road and the adjacent land or between the adjacent land and another road; or the carrying out, or a contribution towards the carrying out, of other works in relation to the land.\n- (a) the supply by the chief executive of, or a contribution towards the supply by the chief executive of, alternative road access works between the State-controlled road and the adjacent land or between the adjacent land and another road; or\n- (b) the carrying out, or a contribution towards the carrying out, of other works in relation to the land.","sortOrder":76},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compensation","content":"### sec.73 Compensation\n\nThis section applies if a decision under section 62 (1) has the effect that all access between a State-controlled road and particular adjacent land is prohibited and—\nthere is—\nno practical alternative road access location for the land, that is, the land becomes effectively landlocked; and\nno previous decision in force under section 62 (1) under which the land was effectively landlocked; or\nthere is a permitted road access location between the land and the road, and paragraph (a) does not apply.\nThis section also applies if a decision under section 62 (1) has the effect of changing in substance the effect of a previous decision in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) other than in a way that has the effect mentioned in subsection (1) .\nHowever, this section only applies if the owner or occupier claiming compensation is adversely affected by the decision and—\nan agreement can not be reached with the chief executive under section 72 ; or\nthe chief executive decides it is not practicable to take action under section 72 .\nThe owner or occupier may recover as a debt from the chief executive compensation for the diminution in value because of the prohibition or change.\nTo remove doubt, it is declared that—\nin deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and\ncompensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects—\nthe supply of access to and from a traffic stream; or\nroad works mentioned in paragraph (b) of the definition road access works .\ns 73 sub 2000 No. 6 s 17\n(sec.73-ssec.1) This section applies if a decision under section 62 (1) has the effect that all access between a State-controlled road and particular adjacent land is prohibited and— there is— no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and no previous decision in force under section 62 (1) under which the land was effectively landlocked; or there is a permitted road access location between the land and the road, and paragraph (a) does not apply.\n(sec.73-ssec.2) This section also applies if a decision under section 62 (1) has the effect of changing in substance the effect of a previous decision in force under section 62 (1) about anything mentioned in section 62 (1) (a) to (c) other than in a way that has the effect mentioned in subsection (1) .\n(sec.73-ssec.3) However, this section only applies if the owner or occupier claiming compensation is adversely affected by the decision and— an agreement can not be reached with the chief executive under section 72 ; or the chief executive decides it is not practicable to take action under section 72 .\n(sec.73-ssec.4) The owner or occupier may recover as a debt from the chief executive compensation for the diminution in value because of the prohibition or change.\n(sec.73-ssec.5) To remove doubt, it is declared that— in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects— the supply of access to and from a traffic stream; or road works mentioned in paragraph (b) of the definition road access works .\n- (a) there is— (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or\n- (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and\n- (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or\n- (b) there is a permitted road access location between the land and the road, and paragraph (a) does not apply.\n- (i) no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and\n- (ii) no previous decision in force under section 62 (1) under which the land was effectively landlocked; or\n- (a) an agreement can not be reached with the chief executive under section 72 ; or\n- (b) the chief executive decides it is not practicable to take action under section 72 .\n- (a) in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and\n- (b) compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects— (i) the supply of access to and from a traffic stream; or (ii) road works mentioned in paragraph (b) of the definition road access works .\n- (i) the supply of access to and from a traffic stream; or\n- (ii) road works mentioned in paragraph (b) of the definition road access works .\n- (i) the supply of access to and from a traffic stream; or\n- (ii) road works mentioned in paragraph (b) of the definition road access works .","sortOrder":77},{"sectionNumber":"sec.74","sectionType":"section","heading":"Cases where compensation not payable","content":"### sec.74 Cases where compensation not payable\n\nCompensation is payable under section 73 to a person only if a claim is given to the chief executive within 1 year after—\nthe day when the relevant decision took effect; or\nthe day when the person was first notified by the chief executive of the decision;\nwhichever is the later.\nHowever, the chief executive may allow a claim to be made at a later time.\nThe chief executive is not liable to pay compensation for action under this subdivision in relation to land if action is taken to acquire the land.\nAlso, the chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made on an application by a person with an interest in the land in any of the following circumstances—\nif—\nthere is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and\nthe development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ;\nif—\nthere is a proposed, ongoing or completed development of the land that—\ninvolves a material change of use of premises or reconfiguring a lot; or\nhas had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\nthe development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ;\nif the decision has the effect mentioned in section 73 (2) .\nSubsection (4) applies whether or not the application results from action taken under section 69 .\nThe chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made in relation to a planning application—\nif—\nthe planning application relates to a material change of use or reconfiguring a lot; and\nthe decision has the effect mentioned in section 73 (1) (a) or (b) ; or\nif—\nthe planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\nthe decision has the effect mentioned in section 73 (1) (b) ; or\nif the decision has the effect mentioned in section 73 (2) .\nIn this section—\npremises see the Planning Act , schedule 2 .\ns 74 amd 2000 No. 6 s 18 ; 2008 No. 31 s 72 sch ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 564\n(sec.74-ssec.1) Compensation is payable under section 73 to a person only if a claim is given to the chief executive within 1 year after— the day when the relevant decision took effect; or the day when the person was first notified by the chief executive of the decision; whichever is the later.\n(sec.74-ssec.2) However, the chief executive may allow a claim to be made at a later time.\n(sec.74-ssec.3) The chief executive is not liable to pay compensation for action under this subdivision in relation to land if action is taken to acquire the land.\n(sec.74-ssec.4) Also, the chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made on an application by a person with an interest in the land in any of the following circumstances— if— there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ; if— there is a proposed, ongoing or completed development of the land that— involves a material change of use of premises or reconfiguring a lot; or has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ; if the decision has the effect mentioned in section 73 (2) .\n(sec.74-ssec.5) Subsection (4) applies whether or not the application results from action taken under section 69 .\n(sec.74-ssec.5A) The chief executive is not liable to pay compensation for the effect of a decision under section 62 (1) made in relation to a planning application— if— the planning application relates to a material change of use or reconfiguring a lot; and the decision has the effect mentioned in section 73 (1) (a) or (b) ; or if— the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and the decision has the effect mentioned in section 73 (1) (b) ; or if the decision has the effect mentioned in section 73 (2) .\n(sec.74-ssec.6) In this section— premises see the Planning Act , schedule 2 .\n- (a) the day when the relevant decision took effect; or\n- (b) the day when the person was first notified by the chief executive of the decision;\n- (a) if— (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ;\n- (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and\n- (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ;\n- (b) if— (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ;\n- (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (A) involves a material change of use of premises or reconfiguring a lot; or\n- (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ;\n- (c) if the decision has the effect mentioned in section 73 (2) .\n- (i) there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and\n- (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (a) ;\n- (i) there is a proposed, ongoing or completed development of the land that— (A) involves a material change of use of premises or reconfiguring a lot; or (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (A) involves a material change of use of premises or reconfiguring a lot; or\n- (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (ii) the development was taken into account in making the decision, and the decision has the effect mentioned in section 73 (1) (b) ;\n- (A) involves a material change of use of premises or reconfiguring a lot; or\n- (B) has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (a) if— (i) the planning application relates to a material change of use or reconfiguring a lot; and (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or\n- (i) the planning application relates to a material change of use or reconfiguring a lot; and\n- (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or\n- (b) if— (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and (ii) the decision has the effect mentioned in section 73 (1) (b) ; or\n- (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (ii) the decision has the effect mentioned in section 73 (1) (b) ; or\n- (c) if the decision has the effect mentioned in section 73 (2) .\n- (i) the planning application relates to a material change of use or reconfiguring a lot; and\n- (ii) the decision has the effect mentioned in section 73 (1) (a) or (b) ; or\n- (i) the planning application relates to development that has had, or is likely to have, a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and\n- (ii) the decision has the effect mentioned in section 73 (1) (b) ; or","sortOrder":78},{"sectionNumber":"sec.75","sectionType":"section","heading":"Conditions in particular development approvals","content":"### sec.75 Conditions in particular development approvals\n\nFor sections 72 to 74 , if—\na development approval given under the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 includes conditions about access between land and a State-controlled road; and\nthe conditions were included because of a referral agency’s response given by the chief executive; and\nthe development approval has not lapsed under the Planning Act ;\na decision, that includes the conditions, is taken to be in force under section 62 (1) for the proposed development of the land.\ns 75 prev s 75 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\npres s 75 ins 2000 No. 6 s 19\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 565\n- (a) a development approval given under the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 includes conditions about access between land and a State-controlled road; and\n- (b) the conditions were included because of a referral agency’s response given by the chief executive; and\n- (c) the development approval has not lapsed under the Planning Act ;","sortOrder":79},{"sectionNumber":"sec.76","sectionType":"section","heading":"Roadside facilities","content":"### sec.76 Roadside facilities\n\nThe chief executive may supply, or enter into an agreement with another person for the supply of, roadside service centres, roadside rest facilities and other roadside businesses adjacent to or near State-controlled roads.\nThe agreement may include—\narrangements for supplying access to the facility from the road; and\nprovision for payment of amounts to the chief executive, whether by lump sum or annual rental, in consideration for supplying the access or for supplying access to the traffic stream.\ns 76 prev s 76 ins 1995 No. 32 s 11\nom 1998 No. 21 s 38\n(sec.76-ssec.1) The chief executive may supply, or enter into an agreement with another person for the supply of, roadside service centres, roadside rest facilities and other roadside businesses adjacent to or near State-controlled roads.\n(sec.76-ssec.2) The agreement may include— arrangements for supplying access to the facility from the road; and provision for payment of amounts to the chief executive, whether by lump sum or annual rental, in consideration for supplying the access or for supplying access to the traffic stream.\n- (a) arrangements for supplying access to the facility from the road; and\n- (b) provision for payment of amounts to the chief executive, whether by lump sum or annual rental, in consideration for supplying the access or for supplying access to the traffic stream.","sortOrder":80},{"sectionNumber":"ch.6-pt.5-div.3","sectionType":"division","heading":"Public utility plant on State-controlled roads","content":"## Public utility plant on State-controlled roads","sortOrder":81},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application of div 3","content":"### sec.77 Application of div 3\n\nThis division does not apply to—\npublic utility plant constructed under the Electricity Act 1994 ; or\ngas infrastructure, or the carrying out of gas infrastructure work, under the Gas Supply Act 2003 ; or\nwater infrastructure, or the carrying out of water infrastructure work, under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\ns 77 orig s 77 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\nprev s 77 ins 1995 No. 32 s 11\nexp 1 July 1996 (see prev s 80)\npres s 77 ins 2003 No. 29 s 383\namd 2008 No. 31 s 72 sch ; 2010 No. 20 s 76\n- (a) public utility plant constructed under the Electricity Act 1994 ; or\n- (b) gas infrastructure, or the carrying out of gas infrastructure work, under the Gas Supply Act 2003 ; or\n- (c) water infrastructure, or the carrying out of water infrastructure work, under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .","sortOrder":82},{"sectionNumber":"sec.78","sectionType":"section","heading":"Location","content":"### sec.78 Location\n\nFor the purposes of this division, the location of public utility plant on a State-controlled road includes the line, level and boundary of the plant on the road.\ns 78 orig s 78 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\nprev s 78 ins 1995 No. 32 s 11\nexp 1 July 1996 (see prev s 80)\npres s 78 sub 2001 No. 79 s 27","sortOrder":83},{"sectionNumber":"sec.79","sectionType":"section","heading":"Chief executive’s requirements for public utility plant","content":"### sec.79 Chief executive’s requirements for public utility plant\n\nThe chief executive may, by written notice to the owner of public utility plant on a State-controlled road, make requirements about matters prescribed under a regulation in relation to the plant.\nThe requirements may include the imposition of conditions, including conditions about the payment of a fee or other charge fixed by the chief executive.\ns 79 orig s 79 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\nprev s 79 ins 1995 No. 32 s 11\nexp 1 July 1996 (see prev s 80)\npres s 79 ins 2001 No. 79 s 27\n(sec.79-ssec.1) The chief executive may, by written notice to the owner of public utility plant on a State-controlled road, make requirements about matters prescribed under a regulation in relation to the plant.\n(sec.79-ssec.2) The requirements may include the imposition of conditions, including conditions about the payment of a fee or other charge fixed by the chief executive.","sortOrder":84},{"sectionNumber":"sec.80","sectionType":"section","heading":"Specification of chief executive’s requirements about public utility plant","content":"### sec.80 Specification of chief executive’s requirements about public utility plant\n\nThe construction, augmentation, alteration or maintenance of public utility plant on a State-controlled road must be undertaken in accordance with the chief executive’s requirements and at the expense of the owner of the plant.\nRoad works on a State-controlled road made necessary by the construction, augmentation, alteration or maintenance of public utility plant on a State-controlled road must be undertaken in accordance with the chief executive’s requirements and at the expense of the owner of the plant.\nRequirements mentioned in subsection (1) or (2) are to be notified in writing to the owner of the plant within a reasonable period.\ns 80 orig s 80 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\nprev s 80 ins 1995 No. 32 s 11\nexp 1 July 1996 (see prev s 80)\n(sec.80-ssec.1) The construction, augmentation, alteration or maintenance of public utility plant on a State-controlled road must be undertaken in accordance with the chief executive’s requirements and at the expense of the owner of the plant.\n(sec.80-ssec.2) Road works on a State-controlled road made necessary by the construction, augmentation, alteration or maintenance of public utility plant on a State-controlled road must be undertaken in accordance with the chief executive’s requirements and at the expense of the owner of the plant.\n(sec.80-ssec.3) Requirements mentioned in subsection (1) or (2) are to be notified in writing to the owner of the plant within a reasonable period.","sortOrder":85},{"sectionNumber":"sec.81","sectionType":"section","heading":"Information by owner of public utility plant to chief executive","content":"### sec.81 Information by owner of public utility plant to chief executive\n\nA person who wants to take action mentioned in section 80 must give a written notice to the chief executive of the person’s intention to carry out work on a State-controlled road within a reasonable time before taking the action.\nIf public utility plant is constructed, augmented, altered or maintained on a State-controlled road, the owner of the plant must prepare records that adequately define the location of the plant on the road at the time of the construction, augmentation, alteration or maintenance of the plant.\nThe owner of public utility plant on a State-controlled road must, if asked by the chief executive, supply information to the chief executive to define adequately the location of the plant in a specified area.\nMaximum penalty for subsection (3) —40 penalty units.\ns 81 amd 2014 No. 43 s 117 sch 1\n(sec.81-ssec.1) A person who wants to take action mentioned in section 80 must give a written notice to the chief executive of the person’s intention to carry out work on a State-controlled road within a reasonable time before taking the action.\n(sec.81-ssec.2) If public utility plant is constructed, augmented, altered or maintained on a State-controlled road, the owner of the plant must prepare records that adequately define the location of the plant on the road at the time of the construction, augmentation, alteration or maintenance of the plant.\n(sec.81-ssec.3) The owner of public utility plant on a State-controlled road must, if asked by the chief executive, supply information to the chief executive to define adequately the location of the plant in a specified area. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":86},{"sectionNumber":"sec.82","sectionType":"section","heading":"Liability for damage or expenses","content":"### sec.82 Liability for damage or expenses\n\nUnless the chief executive otherwise agrees, the chief executive is not liable for damage caused by the chief executive to public utility plant on a State-controlled road if—\nthe chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and—\nthe owner had not, within a reasonable time, complied with the request; and\nthe damage was caused because of the failure to comply with the request; or\ninformation supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or\nthe damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division.\nIf the chief executive incurs additional expense in carrying out road works on a State-controlled road because—\nthe owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or\ninformation supplied to the chief executive did not define in adequate detail the location of public utility plant; or\npublic utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements;\nthe owner of the plant is liable to pay to the chief executive the additional expense.\nIf the construction of road works by or for the chief executive requires the removal or replacement of public utility plant on a State-controlled road, the chief executive can not be compelled to approve the replacement or reconstruction of the plant in its previous location and form.\nIf the chief executive approves the replacement or reconstruction of plant, the replacement or reconstruction must be done under the chief executive’s requirements.\ns 82 prev s 82 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\npres s 82 amd 2001 No. 79 s 28 ; 2014 No. 43 s 117 sch 1\n(sec.82-ssec.1) Unless the chief executive otherwise agrees, the chief executive is not liable for damage caused by the chief executive to public utility plant on a State-controlled road if— the chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and— the owner had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request; or information supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or the damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division.\n(sec.82-ssec.2) If the chief executive incurs additional expense in carrying out road works on a State-controlled road because— the owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or information supplied to the chief executive did not define in adequate detail the location of public utility plant; or public utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements; the owner of the plant is liable to pay to the chief executive the additional expense.\n(sec.82-ssec.3) If the construction of road works by or for the chief executive requires the removal or replacement of public utility plant on a State-controlled road, the chief executive can not be compelled to approve the replacement or reconstruction of the plant in its previous location and form.\n(sec.82-ssec.4) If the chief executive approves the replacement or reconstruction of plant, the replacement or reconstruction must be done under the chief executive’s requirements.\n- (a) the chief executive had, before the damage was caused, asked for information under section 81 (3) from the owner of the plant and— (i) the owner had not, within a reasonable time, complied with the request; and (ii) the damage was caused because of the failure to comply with the request; or\n- (i) the owner had not, within a reasonable time, complied with the request; and\n- (ii) the damage was caused because of the failure to comply with the request; or\n- (b) information supplied to the chief executive under section 81 (3) does not define in adequate detail the location of the plant and the damage was caused because of the failure to define in adequate detail the location of the plant; or\n- (c) the damage was caused because of the plant having been constructed, augmented, altered or maintained other than under the chief executive’s requirements under this division.\n- (i) the owner had not, within a reasonable time, complied with the request; and\n- (ii) the damage was caused because of the failure to comply with the request; or\n- (a) the owner of public utility plant had not supplied within a reasonable time information asked for by the chief executive under section 81 (3) ; or\n- (b) information supplied to the chief executive did not define in adequate detail the location of public utility plant; or\n- (c) public utility plant had not been constructed, augmented, altered or maintained under the chief executive’s requirements;","sortOrder":87},{"sectionNumber":"sec.83","sectionType":"section","heading":"Chief executive and owner of public utility plant may share costs","content":"### sec.83 Chief executive and owner of public utility plant may share costs\n\nThe chief executive may arrange with the owner of public utility plant (whether existing or proposed) for the sharing by the chief executive and the owner of the cost of all or any of the following—\nacquisition of land associated with the plant;\nconstruction, augmentation, alteration or maintenance of the plant;\nconstruction of road works affected by the plant;\nincluding all necessary preliminary costs associated with the acquisition, construction, augmentation, alteration or maintenance.\ns 83 amd 2014 No. 43 s 117 sch 1\n- (a) acquisition of land associated with the plant;\n- (b) construction, augmentation, alteration or maintenance of the plant;\n- (c) construction of road works affected by the plant;","sortOrder":88},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"State toll road corridor land and franchised roads","content":"# State toll road corridor land and franchised roads","sortOrder":89},{"sectionNumber":"ch.6-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":90},{"sectionNumber":"sec.84","sectionType":"section","heading":"Objectives of part","content":"### sec.84 Objectives of part\n\nThe objectives of this part are—\nto assist and encourage private investment in the construction, maintenance and operation of road transport infrastructure; and\nby the involvement of private investment, to enable road transport infrastructure projects to be undertaken at an earlier time than would otherwise be possible; and\nto provide an appropriate management structure for the construction, maintenance and operation of road transport infrastructure on a commercial basis.\ns 84 prev s 84 om 1994 No. 49 s 3 sch 1\nAIA s 20A applies (see orig s 126(1))\npres s 84 ins 1994 No. 49 s 5\n- (a) to assist and encourage private investment in the construction, maintenance and operation of road transport infrastructure; and\n- (b) by the involvement of private investment, to enable road transport infrastructure projects to be undertaken at an earlier time than would otherwise be possible; and\n- (c) to provide an appropriate management structure for the construction, maintenance and operation of road transport infrastructure on a commercial basis.","sortOrder":91},{"sectionNumber":"ch.6-pt.6-div.2","sectionType":"division","heading":"State toll road corridor land","content":"## State toll road corridor land","sortOrder":92},{"sectionNumber":"sec.84A","sectionType":"section","heading":"Declaration of land as State toll road corridor land","content":"### sec.84A Declaration of land as State toll road corridor land\n\nThe Minister may, by gazette notice, declare the following land to be State toll road corridor land—\nnon-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated;\nland, not mentioned in paragraph (a) , that is held by the State.\nThe land must be—\nidentified specifically in the gazette notice; or\nidentified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice.\nThe declaration of land as State toll road corridor land may be subject to conditions, included in the declaration under subsection (1) , the Minister considers necessary or desirable in the circumstances.\nThe Minister must, in a declaration under subsection (1) , declare the terms for section 84C (5) (d) that are to apply to the lease of the land to the State under section 84C (4) (a) .\nThe terms mentioned in subsection (4) must—\nhave been agreed to by the Minister administering the Land Act 1994 ; and\nbe consistent with section 84C (5) (a) to (c) .\nThe Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be State toll road corridor land continues in relation to—\nthe lease of the land to the State under section 84C (4) (a) ; or\na lease of the land by the State to another person under section 84C (6) .\nIf land has been declared under subsection (1) (the original State toll road corridor land ), the area of the original State toll road corridor land may be increased by a subsequent declaration of land under subsection (1) (the additional State toll road corridor land ).\nIf a declaration of land under subsection (1) (the additional State toll road corridor land declaration ) increases the area of the original State toll road corridor land—\nsubsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and\nfor section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and\nthe additional State toll road corridor land declaration must state—\nthe lease reference number for the lease under section 84C (4) of the original State toll corridor land; and\nif the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease.\nFor the effect of a declaration of additional State toll road corridor land on leases, see sections 84C and 84CA .\nIn this section—\nnon-freehold land means non-freehold land under the Land Act 1994 .\ns 84A ins 2005 No. 67 s 23\namd 2010 No. 19 s 198 ; 2011 No. 12 s 28\n(sec.84A-ssec.1) The Minister may, by gazette notice, declare the following land to be State toll road corridor land— non-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated; land, not mentioned in paragraph (a) , that is held by the State.\n(sec.84A-ssec.2) The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice.\n(sec.84A-ssec.3) The declaration of land as State toll road corridor land may be subject to conditions, included in the declaration under subsection (1) , the Minister considers necessary or desirable in the circumstances.\n(sec.84A-ssec.4) The Minister must, in a declaration under subsection (1) , declare the terms for section 84C (5) (d) that are to apply to the lease of the land to the State under section 84C (4) (a) .\n(sec.84A-ssec.5) The terms mentioned in subsection (4) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 84C (5) (a) to (c) .\n(sec.84A-ssec.6) The Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be State toll road corridor land continues in relation to— the lease of the land to the State under section 84C (4) (a) ; or a lease of the land by the State to another person under section 84C (6) .\n(sec.84A-ssec.6A) If land has been declared under subsection (1) (the original State toll road corridor land ), the area of the original State toll road corridor land may be increased by a subsequent declaration of land under subsection (1) (the additional State toll road corridor land ).\n(sec.84A-ssec.6B) If a declaration of land under subsection (1) (the additional State toll road corridor land declaration ) increases the area of the original State toll road corridor land— subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and for section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and the additional State toll road corridor land declaration must state— the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease. For the effect of a declaration of additional State toll road corridor land on leases, see sections 84C and 84CA .\n(sec.84A-ssec.7) In this section— non-freehold land means non-freehold land under the Land Act 1994 .\n- (a) non-freehold land (including a road or reserve, or part of a road or reserve, under the Land Act 1994 ) on or within which road transport infrastructure or rail transport infrastructure is situated;\n- (b) land, not mentioned in paragraph (a) , that is held by the State.\n- (a) identified specifically in the gazette notice; or\n- (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at an office of the department mentioned in the gazette notice.\n- (a) have been agreed to by the Minister administering the Land Act 1994 ; and\n- (b) be consistent with section 84C (5) (a) to (c) .\n- (a) the lease of the land to the State under section 84C (4) (a) ; or\n- (b) a lease of the land by the State to another person under section 84C (6) .\n- (a) subsections (4) and (5) do not apply to the additional State toll road corridor land declaration; and\n- (b) for section 84C (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original State toll road corridor land applying immediately before the additional State toll road corridor land declaration is made; and\n- (c) the additional State toll road corridor land declaration must state— (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease.\n- (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and\n- (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease.\n- (i) the lease reference number for the lease under section 84C (4) of the original State toll corridor land; and\n- (ii) if the additional State toll road corridor land is to be added to a lease under section 84C (6) or (6A) of the original State toll road corridor land—the dealing number for the lease.","sortOrder":93},{"sectionNumber":"sec.84B","sectionType":"section","heading":"State toll road corridor land on rail corridor land","content":"### sec.84B State toll road corridor land on rail corridor land\n\nThis section applies if—\nthe Minister intends to declare land to be State toll road corridor land under section 84A ; and\na level crossing is situated partly on the land and partly on rail corridor land.\nBefore making the declaration, the Minister must be satisfied—\nthe department has consulted with the railway manager, if any, for the rail corridor land; and\nthe railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\nIf the Minister decides to declare the land to be State toll road corridor land, the declaration must also declare the part of the rail corridor land on which the level crossing is partly situated to be a common area (the common area ) for the rail corridor land and the State toll road corridor land.\nWhen the common area is declared—\nthe relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and\nfilling in a pothole on a toll road\nerecting a sign about safety matters on a toll road\nthe railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a toll road; and\nthe railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area.\nUnless the relevant person and the railway manager, if any, for the rail corridor land otherwise agree—\nsubject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and\nif the toll road on the common area stops being used, the relevant person is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\nThe State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by—\nthe Minister’s declaration; or\nanything done by the chief executive under this chapter for the common area.\nIf a declaration under section 84A includes a common area—\nthe chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\nthe registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\nany existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished.\nIn this section—\nlevel crossing means a level crossing and its associated infrastructure.\nrelevant person , for State toll road corridor land, means—\nthe chief executive; or\nif the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased.\ns 84B ins 2005 No. 67 s 23\namd 2006 No. 21 s 107 ; 2010 No. 19 s 199 ; 2017 No. 25 s 54\n(sec.84B-ssec.1) This section applies if— the Minister intends to declare land to be State toll road corridor land under section 84A ; and a level crossing is situated partly on the land and partly on rail corridor land.\n(sec.84B-ssec.2) Before making the declaration, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n(sec.84B-ssec.3) If the Minister decides to declare the land to be State toll road corridor land, the declaration must also declare the part of the rail corridor land on which the level crossing is partly situated to be a common area (the common area ) for the rail corridor land and the State toll road corridor land.\n(sec.84B-ssec.4) When the common area is declared— the relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and filling in a pothole on a toll road erecting a sign about safety matters on a toll road the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a toll road; and the railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area.\n(sec.84B-ssec.5) Unless the relevant person and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and if the toll road on the common area stops being used, the relevant person is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n(sec.84B-ssec.6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by— the Minister’s declaration; or anything done by the chief executive under this chapter for the common area.\n(sec.84B-ssec.7) If a declaration under section 84A includes a common area— the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and any existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished.\n(sec.84B-ssec.8) In this section— level crossing means a level crossing and its associated infrastructure. relevant person , for State toll road corridor land, means— the chief executive; or if the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased.\n- (a) the Minister intends to declare land to be State toll road corridor land under section 84A ; and\n- (b) a level crossing is situated partly on the land and partly on rail corridor land.\n- (a) the department has consulted with the railway manager, if any, for the rail corridor land; and\n- (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n- (a) the relevant person may construct, maintain and operate a toll road, and transport infrastructure relating to a toll road, on the common area in a way not inconsistent with its use as rail corridor land; and Examples for paragraph (a) — • filling in a pothole on a toll road • erecting a sign about safety matters on a toll road\n- • filling in a pothole on a toll road\n- • erecting a sign about safety matters on a toll road\n- (b) the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a toll road; and\n- (c) the railway manager and its agents or employees do not have any liability for the toll road or its use or operation on the common area.\n- • filling in a pothole on a toll road\n- • erecting a sign about safety matters on a toll road\n- (a) subject to section 251 , the relevant person is responsible for maintaining a toll road, and transport infrastructure relating to a toll road, on the common area; and\n- (b) if the toll road on the common area stops being used, the relevant person is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n- (a) the Minister’s declaration; or\n- (b) anything done by the chief executive under this chapter for the common area.\n- (a) the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\n- (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\n- (c) any existing common area on the part of the rail corridor land where the level crossing is situated is, on the publication of the declaration, extinguished.\n- (a) the chief executive; or\n- (b) if the State toll road corridor land has been leased under section 84C (6) —the person to whom the land has been leased.","sortOrder":94},{"sectionNumber":"sec.84C","sectionType":"section","heading":"Effect on land of State toll road corridor land declaration","content":"### sec.84C Effect on land of State toll road corridor land declaration\n\nIf a road or reserve, or part of a road or reserve, under the Land Act 1994 is declared under section 84A to be State toll road corridor land, the road or reserve, or the part—\nstops being a road or reserve under that Act; and\nbecomes unallocated State land.\nIf a lot, or part of a lot, under the Land Title Act 1994 is declared under section 84A to be State toll road corridor land, the lot or part becomes unallocated State land.\nIf land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 84A to be State toll road corridor land, the land becomes unallocated State land.\nIf, immediately before the declaration of land as State toll road corridor land, public utility plant was located on the land, the declaration does not affect the ownership of the public utility plant.\nSubject to subsection (3A) , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 84A (6) .\nThe Minister administering the Land Act 1994 —\nis taken to have leased the State toll road corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\nmust lodge a document evidencing the lease in the leasehold land register.\nThe lease is—\nin perpetuity; and\nif demanded, for a rent of $1 a year; and\nsubject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and\non the terms stated in the declaration of the State toll road corridor land under section 84A (4) .\nThe State may lease State toll road corridor land to another person.\nA person to whom the State has leased State toll road corridor land, or a person who holds a lease under the lease from the State, may lease the State toll road corridor land to another person.\nEach lease under subsection (6) or (6A) may include an option to renew the lease.\nThe terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are—\nto be decided by the Minister; and\nsubject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (b) .\nThe Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of State toll road corridor land.\nIf an interest that is a registered interest is continued under section 84A (6) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued.\nIf the Minister makes an additional State toll road corridor land declaration, this section is subject to section 84CA .\nIn this section—\nregistered interest means—\nan interest recorded in a register kept under the Land Act 1994 , section 276 ; or\na registered interest under the Land Title Act 1994 .\ns 84C ins 2005 No. 67 s 23\namd 2007 No. 43 s 6 ; 2010 No. 13 s 85 ; 2010 No. 19 s 200 ; 2011 No. 12 s 29 ; 2020 No. 21 s 72 s ch 1 pt 1\n(sec.84C-ssec.1) If a road or reserve, or part of a road or reserve, under the Land Act 1994 is declared under section 84A to be State toll road corridor land, the road or reserve, or the part— stops being a road or reserve under that Act; and becomes unallocated State land.\n(sec.84C-ssec.2) If a lot, or part of a lot, under the Land Title Act 1994 is declared under section 84A to be State toll road corridor land, the lot or part becomes unallocated State land.\n(sec.84C-ssec.3) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 84A to be State toll road corridor land, the land becomes unallocated State land.\n(sec.84C-ssec.3A) If, immediately before the declaration of land as State toll road corridor land, public utility plant was located on the land, the declaration does not affect the ownership of the public utility plant.\n(sec.84C-ssec.3B) Subject to subsection (3A) , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 84A (6) .\n(sec.84C-ssec.4) The Minister administering the Land Act 1994 — is taken to have leased the State toll road corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and must lodge a document evidencing the lease in the leasehold land register.\n(sec.84C-ssec.5) The lease is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and on the terms stated in the declaration of the State toll road corridor land under section 84A (4) .\n(sec.84C-ssec.6) The State may lease State toll road corridor land to another person.\n(sec.84C-ssec.6A) A person to whom the State has leased State toll road corridor land, or a person who holds a lease under the lease from the State, may lease the State toll road corridor land to another person.\n(sec.84C-ssec.7) Each lease under subsection (6) or (6A) may include an option to renew the lease.\n(sec.84C-ssec.8) The terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are— to be decided by the Minister; and subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (b) .\n(sec.84C-ssec.9) The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of State toll road corridor land.\n(sec.84C-ssec.10) If an interest that is a registered interest is continued under section 84A (6) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued.\n(sec.84C-ssec.10A) If the Minister makes an additional State toll road corridor land declaration, this section is subject to section 84CA .\n(sec.84C-ssec.11) In this section— registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 .\n- (a) stops being a road or reserve under that Act; and\n- (b) becomes unallocated State land.\n- (a) is taken to have leased the State toll road corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\n- (b) must lodge a document evidencing the lease in the leasehold land register.\n- (a) in perpetuity; and\n- (b) if demanded, for a rent of $1 a year; and\n- (c) subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (a) ; and\n- (d) on the terms stated in the declaration of the State toll road corridor land under section 84A (4) .\n- (a) to be decided by the Minister; and\n- (b) subject to the interests in the State toll road corridor land, if any, continued in relation to the lease under section 84A (6) (b) .\n- (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or\n- (b) a registered interest under the Land Title Act 1994 .","sortOrder":95},{"sectionNumber":"sec.84CA","sectionType":"section","heading":"Effect of additional State toll road corridor land declaration on leases","content":"### sec.84CA Effect of additional State toll road corridor land declaration on leases\n\nThis section applies if the Minister makes an additional State toll road corridor land declaration.\nFor applying section 84C to the additional State toll road corridor land, the following apply—\ndespite section 84C (4) —\nthe Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional State toll road corridor land; and\nthe chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\na reference in section 84C (5) to the lease is taken to be a reference to the amended perpetual lease;\na reference in section 84C (5) (c) to the State toll road corridor land includes a reference to the additional State toll road corridor land;\ndespite section 84C (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 84A (6B) (b) ;\nwithout limiting section 84C (6) or (6A) , the additional State toll road corridor land may be added to a lease under the subsection of the original State toll road corridor land.\nIf the additional State toll road corridor land is to be added to a sublease—\nthe sublease is taken to be amended (the amended sublease ) to include the additional State toll road corridor land; and\na reference in section 84C (8) (b) to the State toll road corridor land includes a reference to the additional State toll road corridor land.\nIf the additional State toll road corridor land is to be added to a sub-sublease, the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional State toll road corridor land.\nAlso, if subsection (3) or (4) applies, the following apply—\nthe Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease or sub-sublease to include the additional State toll road corridor land;\nthe chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sublease or amended sub-sublease in the leasehold land register;\nthe amended sublease or amended sub-sublease operates as if it had been originally issued or executed as amended.\nFor subsections (2) (a) (ii) and (5) (b) , no fee is payable for lodging the documents.\nIn this section—\nsublease means a lease of original State toll road corridor land under section 84C (6) .\nsub-sublease means a lease of original State toll road corridor land under section 84C (6A) .\ns 84CA ins 2011 No. 12 s 30\n(sec.84CA-ssec.1) This section applies if the Minister makes an additional State toll road corridor land declaration.\n(sec.84CA-ssec.2) For applying section 84C to the additional State toll road corridor land, the following apply— despite section 84C (4) — the Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional State toll road corridor land; and the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register; a reference in section 84C (5) to the lease is taken to be a reference to the amended perpetual lease; a reference in section 84C (5) (c) to the State toll road corridor land includes a reference to the additional State toll road corridor land; despite section 84C (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 84A (6B) (b) ; without limiting section 84C (6) or (6A) , the additional State toll road corridor land may be added to a lease under the subsection of the original State toll road corridor land.\n(sec.84CA-ssec.3) If the additional State toll road corridor land is to be added to a sublease— the sublease is taken to be amended (the amended sublease ) to include the additional State toll road corridor land; and a reference in section 84C (8) (b) to the State toll road corridor land includes a reference to the additional State toll road corridor land.\n(sec.84CA-ssec.4) If the additional State toll road corridor land is to be added to a sub-sublease, the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional State toll road corridor land.\n(sec.84CA-ssec.5) Also, if subsection (3) or (4) applies, the following apply— the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease or sub-sublease to include the additional State toll road corridor land; the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sublease or amended sub-sublease in the leasehold land register; the amended sublease or amended sub-sublease operates as if it had been originally issued or executed as amended.\n(sec.84CA-ssec.6) For subsections (2) (a) (ii) and (5) (b) , no fee is payable for lodging the documents.\n(sec.84CA-ssec.7) In this section— sublease means a lease of original State toll road corridor land under section 84C (6) . sub-sublease means a lease of original State toll road corridor land under section 84C (6A) .\n- (a) despite section 84C (4) — (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional State toll road corridor land; and (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional State toll road corridor land; and\n- (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (b) a reference in section 84C (5) to the lease is taken to be a reference to the amended perpetual lease;\n- (c) a reference in section 84C (5) (c) to the State toll road corridor land includes a reference to the additional State toll road corridor land;\n- (d) despite section 84C (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 84A (6B) (b) ;\n- (e) without limiting section 84C (6) or (6A) , the additional State toll road corridor land may be added to a lease under the subsection of the original State toll road corridor land.\n- (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original State toll road corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional State toll road corridor land; and\n- (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (a) the sublease is taken to be amended (the amended sublease ) to include the additional State toll road corridor land; and\n- (b) a reference in section 84C (8) (b) to the State toll road corridor land includes a reference to the additional State toll road corridor land.\n- (a) the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease or sub-sublease to include the additional State toll road corridor land;\n- (b) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sublease or amended sub-sublease in the leasehold land register;\n- (c) the amended sublease or amended sub-sublease operates as if it had been originally issued or executed as amended.","sortOrder":96},{"sectionNumber":"sec.84CB","sectionType":"section","heading":"Effect of State toll road corridor land declaration on State-controlled road declaration","content":"### sec.84CB Effect of State toll road corridor land declaration on State-controlled road declaration\n\nThis section applies if—\nthe Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and\nland where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 84A (1) to be State toll road corridor land.\nThe State-controlled road declaration is revoked to the extent the declaration is for the State-controlled road, or part of the State-controlled road, situated on the State toll road corridor land.\nSection 25 does not apply to the revocation.\ns 84CB ins 2014 No. 43 s 27\n(sec.84CB-ssec.1) This section applies if— the Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and land where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 84A (1) to be State toll road corridor land.\n(sec.84CB-ssec.2) The State-controlled road declaration is revoked to the extent the declaration is for the State-controlled road, or part of the State-controlled road, situated on the State toll road corridor land.\n(sec.84CB-ssec.3) Section 25 does not apply to the revocation.\n- (a) the Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and\n- (b) land where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 84A (1) to be State toll road corridor land.","sortOrder":97},{"sectionNumber":"sec.84D","sectionType":"section","heading":"Compensation","content":"### sec.84D Compensation\n\nSubsection (3) applies to a person who has an interest in land declared to be State toll road corridor land under section 84A .\nHowever, subsection (3) does not apply if the interest—\nis continued under section 84A (6) ; or\nis an interest under a services contract for the land.\nThe person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\nFor applying the Acquisition of Land Act 1967 under subsection (3) —\nthe State is the constructing authority; and\nfor section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and\nthe reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\nOther than as stated in this section, a person has no right to compensation for the declaration of land as State toll road corridor land under section 84A .\ns 84D ins 2010 No. 19 s 201\n(sec.84D-ssec.1) Subsection (3) applies to a person who has an interest in land declared to be State toll road corridor land under section 84A .\n(sec.84D-ssec.2) However, subsection (3) does not apply if the interest— is continued under section 84A (6) ; or is an interest under a services contract for the land.\n(sec.84D-ssec.3) The person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\n(sec.84D-ssec.4) For applying the Acquisition of Land Act 1967 under subsection (3) — the State is the constructing authority; and for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\n(sec.84D-ssec.5) Other than as stated in this section, a person has no right to compensation for the declaration of land as State toll road corridor land under section 84A .\n- (a) is continued under section 84A (6) ; or\n- (b) is an interest under a services contract for the land.\n- (a) the State is the constructing authority; and\n- (b) for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and\n- (c) the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.","sortOrder":98},{"sectionNumber":"ch.6-pt.6-div.3","sectionType":"division","heading":"Franchised roads","content":"## Franchised roads","sortOrder":99},{"sectionNumber":"sec.85","sectionType":"section","heading":"Power to enter into road franchise agreements","content":"### sec.85 Power to enter into road franchise agreements\n\nThe Minister may, for the State, enter into an agreement (a road franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of road transport infrastructure.\nThe agreement must be consistent with—\nthe coordination plan; and\nthe objectives of this Act; and\nthe current transport infrastructure strategies; and\nthe obligations about government supported transport infrastructure set out in section 9 .\nThe agreement may include, for example—\nprovisions about the ownership of the road transport infrastructure; or\nprovisions about tolls for the use of the road transport infrastructure; or\nprovisions about administration charges in relation to tolls for the use of the road transport infrastructure.\ns 85 ins 1994 No. 49 s 5\namd 2006 No. 21 s 108\n(sec.85-ssec.1) The Minister may, for the State, enter into an agreement (a road franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of road transport infrastructure.\n(sec.85-ssec.2) The agreement must be consistent with— the coordination plan; and the objectives of this Act; and the current transport infrastructure strategies; and the obligations about government supported transport infrastructure set out in section 9 .\n(sec.85-ssec.3) The agreement may include, for example— provisions about the ownership of the road transport infrastructure; or provisions about tolls for the use of the road transport infrastructure; or provisions about administration charges in relation to tolls for the use of the road transport infrastructure.\n- (a) the coordination plan; and\n- (b) the objectives of this Act; and\n- (c) the current transport infrastructure strategies; and\n- (d) the obligations about government supported transport infrastructure set out in section 9 .\n- (a) provisions about the ownership of the road transport infrastructure; or\n- (b) provisions about tolls for the use of the road transport infrastructure; or\n- (c) provisions about administration charges in relation to tolls for the use of the road transport infrastructure.","sortOrder":100},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Franchised road on rail corridor land","content":"### sec.85A Franchised road on rail corridor land\n\nIf, under section 85 , the Minister intends to enter into a road franchise agreement involving the construction, maintenance or operation of a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land, the Minister must be satisfied—\nthe department has consulted with the railway manager, if any, for the rail corridor land; and\nthe railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\nIf the Minister enters into the road franchise agreement, the Minister must, by gazette notice, declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the franchised road.\nThe declaration of the common area must be made as soon as practicable after the Minister enters into the road franchise agreement.\nAfter the common area is declared—\nthe franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and\na bridge or other structure over a railway\na bridge or other structure that allows the franchised road to pass under the railway\nthe railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a franchised road; and\nthe railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the franchised road or its use or operation on the common area.\nUnless the franchisee and the railway manager, if any, for the rail corridor land otherwise agree—\nsubject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and\nif the franchised road on the common area stops being used, the franchisee is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\nThe State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by—\nthe road franchise agreement; or\nanything done by the franchisee under this chapter for the common area.\nAfter the common area is declared—\nthe chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\nthe registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\nany existing common area on the part of the rail corridor land where it is crossed by the franchised road is, on the publication of the declaration, extinguished.\ns 85A ins 2006 No. 21 s 109\namd 2013 No. 19 s 114 ; 2017 No. 25 s 5 5\n(sec.85A-ssec.1) If, under section 85 , the Minister intends to enter into a road franchise agreement involving the construction, maintenance or operation of a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n(sec.85A-ssec.2) If the Minister enters into the road franchise agreement, the Minister must, by gazette notice, declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the franchised road.\n(sec.85A-ssec.3) The declaration of the common area must be made as soon as practicable after the Minister enters into the road franchise agreement.\n(sec.85A-ssec.4) After the common area is declared— the franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and a bridge or other structure over a railway a bridge or other structure that allows the franchised road to pass under the railway the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a franchised road; and the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the franchised road or its use or operation on the common area.\n(sec.85A-ssec.5) Unless the franchisee and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and if the franchised road on the common area stops being used, the franchisee is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n(sec.85A-ssec.6) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by— the road franchise agreement; or anything done by the franchisee under this chapter for the common area.\n(sec.85A-ssec.7) After the common area is declared— the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and any existing common area on the part of the rail corridor land where it is crossed by the franchised road is, on the publication of the declaration, extinguished.\n- (a) the department has consulted with the railway manager, if any, for the rail corridor land; and\n- (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n- (a) the franchisee may construct, maintain or operate a franchised road on the common area in a way not inconsistent with its use as rail corridor land; and Examples for paragraph (a) — • a bridge or other structure over a railway • a bridge or other structure that allows the franchised road to pass under the railway\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the franchised road to pass under the railway\n- (b) the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a franchised road; and\n- (c) the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the franchised road or its use or operation on the common area.\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the franchised road to pass under the railway\n- (a) subject to section 251 , the franchisee is responsible for maintaining a franchised road on the common area; and\n- (b) if the franchised road on the common area stops being used, the franchisee is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.\n- (a) the road franchise agreement; or\n- (b) anything done by the franchisee under this chapter for the common area.\n- (a) the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\n- (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\n- (c) any existing common area on the part of the rail corridor land where it is crossed by the franchised road is, on the publication of the declaration, extinguished.","sortOrder":101},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Application of Queensland Heritage Act 1992 for development for a franchised road","content":"### sec.85B Application of Queensland Heritage Act 1992 for development for a franchised road\n\nThis section applies to development for a franchised road if the development is proposed to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\nThe development is taken to be development proposed to be carried out by the State to which section 71 of that Act applies.\nIn this section—\ndevelopment see the Planning Act , schedule 2 .\ns 85B ins 2007 No. 58 s 115\namd 2009 No. 47 s 5 sch ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2011 No. 6 s 142 sch ; 2016 No. 27 s 566\n(sec.85B-ssec.1) This section applies to development for a franchised road if the development is proposed to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\n(sec.85B-ssec.2) The development is taken to be development proposed to be carried out by the State to which section 71 of that Act applies.\n(sec.85B-ssec.3) In this section— development see the Planning Act , schedule 2 .","sortOrder":102},{"sectionNumber":"sec.86","sectionType":"section","heading":"Tabling of road franchise agreements","content":"### sec.86 Tabling of road franchise agreements\n\nThe Minister must table each road franchise agreement, and each amendment of a road franchise agreement, in the Legislative Assembly as soon as practicable after it is entered into.\ns 86 prev s 86 om 1994 No. 49 s 3 sch 1\npres s 86 ins 1994 No. 49 s 5","sortOrder":103},{"sectionNumber":"sec.87","sectionType":"section","heading":"Report on operation of part","content":"### sec.87 Report on operation of part\n\nEach annual report of the department must include a report on the operation of this part during the financial year to which the report relates.\ns 87 ins 1994 No. 49 s 5","sortOrder":104},{"sectionNumber":"sec.88","sectionType":"section","heading":"Recovery of money","content":"### sec.88 Recovery of money\n\nIf a road franchise agreement provides that the Minister may recover an amount from a franchisee, the amount may be recovered as a debt payable by the franchisee to the State.\ns 88 ins 1994 No. 49 s 5","sortOrder":105},{"sectionNumber":"sec.89","sectionType":"section","heading":"Rateability of land","content":"### sec.89 Rateability of land\n\nIn this section—\nroad franchise agreement land means land on which is situated road transport infrastructure to which a road franchise agreement applies.\nA regulation may provide that road franchise agreement land is not rateable under the Local Government Act 2009 or the City of Brisbane Act 2010 .\ns 89 ins 1994 No. 49 s 5\namd 2001 No. 36 s 4 ; 2009 No. 17 s 331 sch 1 ; 2012 No. 33 s 192 sch\n(sec.89-ssec.1) In this section— road franchise agreement land means land on which is situated road transport infrastructure to which a road franchise agreement applies.\n(sec.89-ssec.2) A regulation may provide that road franchise agreement land is not rateable under the Local Government Act 2009 or the City of Brisbane Act 2010 .","sortOrder":106},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application of other provisions of this chapter","content":"### sec.90 Application of other provisions of this chapter\n\nThe provisions of parts 1 to 5 , and regulations made for the parts, apply to a franchised road as if it were a State-controlled road.\nA regulation may—\nprescribe changes to the way the provisions apply to a particular franchised road; or\ndeclare that some of the provisions do not apply to a particular franchised road.\ns 90 ins 1994 No. 49 s 5\namd 2006 No. 21 s 110\n(sec.90-ssec.1) The provisions of parts 1 to 5 , and regulations made for the parts, apply to a franchised road as if it were a State-controlled road.\n(sec.90-ssec.2) A regulation may— prescribe changes to the way the provisions apply to a particular franchised road; or declare that some of the provisions do not apply to a particular franchised road.\n- (a) prescribe changes to the way the provisions apply to a particular franchised road; or\n- (b) declare that some of the provisions do not apply to a particular franchised road.","sortOrder":107},{"sectionNumber":"sec.91","sectionType":"section","heading":"Guarantees and undertakings","content":"### sec.91 Guarantees and undertakings\n\nFor the purpose of giving guarantees or undertakings to a franchisee, the following sections of the Statutory Bodies Financial Arrangements Act 1982 apply, with all necessary changes and any changes prescribed by regulation, to the franchisee as if the franchisee were a statutory body within the meaning of the Act —\nsection 14 (Conditions precedent to financial arrangements and other matters)\nsection 16 (Guarantees for the State)\nsection 18 (Requirement for security)\nsection 19 (Guarantee may include waiver of immunity and other provisions)\nsection 20 (Guarantee not affected by transfer of liability)\npart 3 , division 3 (Consequences if payment required under guarantee).\ns 91 ins 1994 No. 49 s 5\namd 1996 No. 54 s 9 sch ; 2001 No. 71 s 551 sch 1\n- • section 14 (Conditions precedent to financial arrangements and other matters)\n- • section 16 (Guarantees for the State)\n- • section 18 (Requirement for security)\n- • section 19 (Guarantee may include waiver of immunity and other provisions)\n- • section 20 (Guarantee not affected by transfer of liability)\n- • part 3 , division 3 (Consequences if payment required under guarantee).","sortOrder":108},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Toll roads","content":"# Toll roads","sortOrder":109},{"sectionNumber":"ch.6-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":110},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.92 Definitions for pt 7\n\nIn this part—\nadministration charge ...\ns 92 def administration charge om 2005 No. 67 s 25 (1)\ndesignated vehicle means a vehicle, other than an exempt vehicle, of a type liable for a toll under a gazette notice under section 93 .\ns 92 def designated vehicle amd 2005 No. 67 s 25 (3)\nE toll only pay point ...\ns 92 def E toll only pay point om 2005 No. 67 s 25 (1)\nE toll system means an electronic system operated by a toll road operator for the recording, or the recording and meeting, of liability for a toll for use of the toll road.\nexempt vehicle ...\ns 92 def exempt vehicle om 2005 No. 67 s 25 (1)\nimage processing fee see section 93 (8) (a) .\ns 92 def image processing fee ins 2018 No. 3 s 27\namd 2025 No. 12 s 7\nprescribed time , for a notice given to a person under division 3 , means 30 days, or the greater number of days stated in the notice, after the notice is given.\nregistered operator ...\ns 92 def registered operator om 2005 No. 67 s 25 (1)\nregistration Act ...\ns 92 def registration Act om 2005 No. 67 s 25 (1)\ntoll plaza ...\ns 92 def toll plaza om 2005 No. 67 s 25 (1)\ntoll road means a road, or part of a road, in relation to which a toll has become payable for use of the road or part of the road, under a declaration under section 93 .\ns 92 def toll road amd 2005 No. 67 s 25 (3)\nsub 2008 No. 31 s 13\ntoll road operator means—\nif the relevant toll road is the subject of a road franchise agreement—the person stated in the agreement as the person who is to operate the toll road; or\notherwise—the chief executive.\nuser administration charge , for a toll, means the user administration charge set, under a gazette notice under section 93 , for persons making payment of the toll other than in cash or by use of a touch tag or the E toll system.\ns 92 def user administration charge ins 2005 No. 67 s 25 (2)\namd 2006 No. 21 s 111\nvalid account ...\ns 92 def valid account om 2005 No. 67 s 25 (1)\ns 92 prev s 92 ins 1994 No. 32 s 10\nexp 1 August 1994 (see prev s 92(3))\nAIA s 20A applies (see prev s 240(1))\npres s 92 ins 1994 No. 49 s 5\nsub 2001 No. 36 s 5\n- (a) if the relevant toll road is the subject of a road franchise agreement—the person stated in the agreement as the person who is to operate the toll road; or\n- (b) otherwise—the chief executive.","sortOrder":111},{"sectionNumber":"ch.6-pt.7-div.2","sectionType":"division","heading":"Toll roads and toll payment requirements","content":"## Toll roads and toll payment requirements","sortOrder":112},{"sectionNumber":"sec.93","sectionType":"section","heading":"Tolls","content":"### sec.93 Tolls\n\nThe Minister may, by gazette notice, declare a toll may be payable for use of any of the following—\na State-controlled road or part of a State-controlled road;\na franchised road or part of a franchised road;\na road to be constructed under a road franchise agreement;\nState toll road corridor land or part of State toll road corridor land.\nA declaration under subsection (1) must include notice of the matters mentioned in schedule 5 for the toll road.\nThe Minister may, by gazette notice, make a declaration to amend the notification of a matter mentioned in schedule 5 included in a declaration made under subsection (1) .\nA declaration made under subsection (3) must—\nif the declaration relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or\nif the declaration relates to the administration charge and the user administration charge payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or\nif the declaration relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\nA toll may be set in a way that applies differently—\nto different classes of vehicles; or\nby reference to stated exceptions or factors.\nSubsection (5) does not limit schedule 5 or the Statutory Instruments Act 1992 .\nIf a declaration made under this section relates to an administration charge, the charge must not be more than the reasonable cost, under this division, of—\nissuing a notice about an unpaid toll; and\ncollecting the unpaid toll, an image processing fee for the toll and the administration charge.\nIf a declaration made under this section relates to a user administration charge, the charge—\nmay include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and\nso far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.\nA reference in a gazette notice under this section to a video matching fee is taken to be a reference to an image processing fee.\ns 93 prev s 93 ins 1994 No. 32 s 10\nexp 1 July 1994 (see prev s 93(3))\nAIA s 20A applies (see prev s 240(1))\npres s 93 ins 2001 No. 36 s 5\namd 2005 No. 49 s 4\nsub 2005 No. 67 s 26\namd 2008 No. 31 s 14 ; 2018 No. 3 s 28 ; 2025 No. 12 s 8\n(sec.93-ssec.1) The Minister may, by gazette notice, declare a toll may be payable for use of any of the following— a State-controlled road or part of a State-controlled road; a franchised road or part of a franchised road; a road to be constructed under a road franchise agreement; State toll road corridor land or part of State toll road corridor land.\n(sec.93-ssec.2) A declaration under subsection (1) must include notice of the matters mentioned in schedule 5 for the toll road.\n(sec.93-ssec.3) The Minister may, by gazette notice, make a declaration to amend the notification of a matter mentioned in schedule 5 included in a declaration made under subsection (1) .\n(sec.93-ssec.4) A declaration made under subsection (3) must— if the declaration relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or if the declaration relates to the administration charge and the user administration charge payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or if the declaration relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\n(sec.93-ssec.5) A toll may be set in a way that applies differently— to different classes of vehicles; or by reference to stated exceptions or factors.\n(sec.93-ssec.6) Subsection (5) does not limit schedule 5 or the Statutory Instruments Act 1992 .\n(sec.93-ssec.7) If a declaration made under this section relates to an administration charge, the charge must not be more than the reasonable cost, under this division, of— issuing a notice about an unpaid toll; and collecting the unpaid toll, an image processing fee for the toll and the administration charge.\n(sec.93-ssec.8) If a declaration made under this section relates to a user administration charge, the charge— may include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.\n(sec.93-ssec.9) A reference in a gazette notice under this section to a video matching fee is taken to be a reference to an image processing fee.\n- (a) a State-controlled road or part of a State-controlled road;\n- (b) a franchised road or part of a franchised road;\n- (c) a road to be constructed under a road franchise agreement;\n- (d) State toll road corridor land or part of State toll road corridor land.\n- (a) if the declaration relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or\n- (b) if the declaration relates to the administration charge and the user administration charge payable under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or\n- (c) if the declaration relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a declaration made under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\n- (a) to different classes of vehicles; or\n- (b) by reference to stated exceptions or factors.\n- (a) issuing a notice about an unpaid toll; and\n- (b) collecting the unpaid toll, an image processing fee for the toll and the administration charge.\n- (a) may include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and\n- (b) so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.","sortOrder":113},{"sectionNumber":"sec.93AA","sectionType":"section","heading":null,"content":"### Section sec.93AA\n\ns 93AA ins 2010 No. 32 s 71\namd 2016 No. 56 s 35 ; 2020 No. 9 s 54\nom 2025 No. 12 s 9","sortOrder":114},{"sectionNumber":"sec.93A","sectionType":"section","heading":"Application of Queensland Heritage Act 1992 for development for a toll road","content":"### sec.93A Application of Queensland Heritage Act 1992 for development for a toll road\n\nThis section applies to development for a toll road if the development is proposed to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\nThe development is taken to be development proposed to be carried out by the State to which section 71 of that Act applies.\nIn this section—\ndevelopment see the Planning Act , schedule 2 .\ns 93A ins 2007 No. 58 s 116\namd 2009 No. 47 s 5 sch ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2011 No. 6 s 142 sch ; 2016 No. 27 s 567\n(sec.93A-ssec.1) This section applies to development for a toll road if the development is proposed to be carried out in relation to a Queensland heritage place under the Queensland Heritage Act 1992 .\n(sec.93A-ssec.2) The development is taken to be development proposed to be carried out by the State to which section 71 of that Act applies.\n(sec.93A-ssec.3) In this section— development see the Planning Act , schedule 2 .","sortOrder":115},{"sectionNumber":"sec.94","sectionType":"section","heading":"Liability for toll and user administration charge and satisfying the liability","content":"### sec.94 Liability for toll and user administration charge and satisfying the liability\n\nThe driver of a designated vehicle entering, or on, a toll road is liable, at each toll plaza through which the vehicle passes, for—\nthe toll payable at the toll plaza for the use of the toll road by the vehicle; and\nif the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of a touch tag or the E toll system—the user administration charge for the toll.\nThe amount of any unpaid toll or user administration charge may be recovered by the toll road operator as a debt from the driver, subject to any applicable agreement made by the toll road operator.\nHowever, the driver is not liable to pay the amount of the user administration charge for the toll if the toll is unpaid because—\nthe driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\nthe E toll system is faulty or otherwise inoperable.\nThe driver may satisfy the driver’s liability for the toll payable at a toll plaza by—\nif a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or\nif a part of the toll plaza is designated by appropriate signs as available for making a toll payment by using a touch tag—using a touch tag as required by the toll road operator; or\nif there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using the E toll system—using the E toll system as required under section 95 (1) ; or\nif a gazette notice under section 93 provides another way of making the payment—making the payment in that way.\nIf the designated vehicle is at an E toll only pay point at the toll plaza, the driver may satisfy the driver’s liability for the toll only by using the E toll system in accordance with the requirements of section 95 (1) .\ns 94 ins 2001 No. 36 s 5\namd 2005 No. 67 s 27 ; 2006 No. 21 s 112\n(sec.94-ssec.1) The driver of a designated vehicle entering, or on, a toll road is liable, at each toll plaza through which the vehicle passes, for— the toll payable at the toll plaza for the use of the toll road by the vehicle; and if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of a touch tag or the E toll system—the user administration charge for the toll.\n(sec.94-ssec.2) The amount of any unpaid toll or user administration charge may be recovered by the toll road operator as a debt from the driver, subject to any applicable agreement made by the toll road operator.\n(sec.94-ssec.3) However, the driver is not liable to pay the amount of the user administration charge for the toll if the toll is unpaid because— the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or the E toll system is faulty or otherwise inoperable.\n(sec.94-ssec.3A) The driver may satisfy the driver’s liability for the toll payable at a toll plaza by— if a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or if a part of the toll plaza is designated by appropriate signs as available for making a toll payment by using a touch tag—using a touch tag as required by the toll road operator; or if there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using the E toll system—using the E toll system as required under section 95 (1) ; or if a gazette notice under section 93 provides another way of making the payment—making the payment in that way.\n(sec.94-ssec.4) If the designated vehicle is at an E toll only pay point at the toll plaza, the driver may satisfy the driver’s liability for the toll only by using the E toll system in accordance with the requirements of section 95 (1) .\n- (a) the toll payable at the toll plaza for the use of the toll road by the vehicle; and\n- (b) if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of a touch tag or the E toll system—the user administration charge for the toll.\n- (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\n- (b) the E toll system is faulty or otherwise inoperable.\n- (a) if a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or\n- (b) if a part of the toll plaza is designated by appropriate signs as available for making a toll payment by using a touch tag—using a touch tag as required by the toll road operator; or\n- (c) if there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using the E toll system—using the E toll system as required under section 95 (1) ; or\n- (d) if a gazette notice under section 93 provides another way of making the payment—making the payment in that way.","sortOrder":116},{"sectionNumber":"sec.95","sectionType":"section","heading":"Using the E toll system","content":"### sec.95 Using the E toll system\n\nThe following requirements apply for using the E toll system to satisfy a driver’s liability under section 94 for the toll payable at a toll plaza—\na properly operating transponder or other electronic device is in, or fitted to, the designated vehicle;\nthe transponder or other device—\nwas issued for a vehicle of the same type as the designated vehicle; and\nis linked to a valid account for the E toll system operating for the toll road; and\nproperly activates the E toll system.\nTo remove doubt, it is declared that using the E toll system to satisfy the liability of a designated vehicle’s driver for the toll payable at a toll plaza does not affect another contractual obligation owed by the driver or another person to a toll road operator under an applicable agreement made by the toll road operator.\nThe arrangements for a person’s account with a toll road operator may provide that the person will be billed at the end of each month for all the times the transponder issued to the person has been used at toll plazas in the month.\ns 95 ins 2001 No. 36 s 5\n(sec.95-ssec.1) The following requirements apply for using the E toll system to satisfy a driver’s liability under section 94 for the toll payable at a toll plaza— a properly operating transponder or other electronic device is in, or fitted to, the designated vehicle; the transponder or other device— was issued for a vehicle of the same type as the designated vehicle; and is linked to a valid account for the E toll system operating for the toll road; and properly activates the E toll system.\n(sec.95-ssec.2) To remove doubt, it is declared that using the E toll system to satisfy the liability of a designated vehicle’s driver for the toll payable at a toll plaza does not affect another contractual obligation owed by the driver or another person to a toll road operator under an applicable agreement made by the toll road operator. The arrangements for a person’s account with a toll road operator may provide that the person will be billed at the end of each month for all the times the transponder issued to the person has been used at toll plazas in the month.\n- (a) a properly operating transponder or other electronic device is in, or fitted to, the designated vehicle;\n- (b) the transponder or other device— (i) was issued for a vehicle of the same type as the designated vehicle; and (ii) is linked to a valid account for the E toll system operating for the toll road; and (iii) properly activates the E toll system.\n- (i) was issued for a vehicle of the same type as the designated vehicle; and\n- (ii) is linked to a valid account for the E toll system operating for the toll road; and\n- (iii) properly activates the E toll system.\n- (i) was issued for a vehicle of the same type as the designated vehicle; and\n- (ii) is linked to a valid account for the E toll system operating for the toll road; and\n- (iii) properly activates the E toll system.","sortOrder":117},{"sectionNumber":"ch.6-pt.7-div.3","sectionType":"division","heading":"Failure to pay toll","content":"## Failure to pay toll","sortOrder":118},{"sectionNumber":"sec.96","sectionType":"section","heading":"Application of div 3","content":"### sec.96 Application of div 3\n\nThis division applies if—\na designated vehicle passes through a toll plaza; and\nthe driver does not, under section 94 (3A) , satisfy the driver’s liability for the toll payable at the toll plaza.\ns 96 ins 2001 No. 36 s 5\namd 2006 No. 21 s 113\n- (a) a designated vehicle passes through a toll plaza; and\n- (b) the driver does not, under section 94 (3A) , satisfy the driver’s liability for the toll payable at the toll plaza.","sortOrder":119},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for div 3","content":"### sec.97 Definitions for div 3\n\nIn this division—\ndeferred toll amount means the total of the following amounts—\nthe amount of the toll for which the driver’s liability was not satisfied under section 94 (3A) ;\nthe amount of the image processing fee for the toll.\ns 97 def deferred toll amount amd 2005 No. 67 s 28 ; 2006 No. 21 s 114 ; 2018 No. 3 s 29\nonline nomination facility means an electronic system operated by the toll road operator that is designed to—\nbe accessed by—\nthe registered operator of a vehicle who is given a notice under section 99 ; or\na person who is given a notice under section 101 ; and\nallow the registered operator or person to give the toll road operator the information mentioned in section 99 (3) (b) or 101 (3) (b) ; and\nallow a record of the information given to be downloaded or printed by the registered operator or person.\ns 97 def online nomination facility ins 2024 No. 2 s 18\ns 97 ins 2001 No. 36 s 5\namd 2024 No. 2 s 18\n- (a) the amount of the toll for which the driver’s liability was not satisfied under section 94 (3A) ;\n- (b) the amount of the image processing fee for the toll.\n- (a) be accessed by— (i) the registered operator of a vehicle who is given a notice under section 99 ; or (ii) a person who is given a notice under section 101 ; and\n- (i) the registered operator of a vehicle who is given a notice under section 99 ; or\n- (ii) a person who is given a notice under section 101 ; and\n- (b) allow the registered operator or person to give the toll road operator the information mentioned in section 99 (3) (b) or 101 (3) (b) ; and\n- (c) allow a record of the information given to be downloaded or printed by the registered operator or person.\n- (i) the registered operator of a vehicle who is given a notice under section 99 ; or\n- (ii) a person who is given a notice under section 101 ; and","sortOrder":120},{"sectionNumber":"sec.98","sectionType":"section","heading":"Liability for image processing fee and administration charge in addition to unpaid toll","content":"### sec.98 Liability for image processing fee and administration charge in addition to unpaid toll\n\nIf this division applies to a driver, the driver immediately becomes liable to pay the toll road operator, in addition to the unpaid toll, the amount of—\nthe image processing fee for the toll; and\nan administration charge.\nHowever, the driver is not liable under subsection (1) to pay the amount of the image processing fee or administration charge if the toll is unpaid because—\nthe driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\nthe E toll system is faulty or otherwise inoperable.\ns 98 ins 2001 No. 36 s 5\nsub 2005 No. 67 s 29\namd 2006 No. 21 s 115 ; 2018 No. 3 s 30\n(sec.98-ssec.1) If this division applies to a driver, the driver immediately becomes liable to pay the toll road operator, in addition to the unpaid toll, the amount of— the image processing fee for the toll; and an administration charge.\n(sec.98-ssec.2) However, the driver is not liable under subsection (1) to pay the amount of the image processing fee or administration charge if the toll is unpaid because— the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or the E toll system is faulty or otherwise inoperable.\n- (a) the image processing fee for the toll; and\n- (b) an administration charge.\n- (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\n- (b) the E toll system is faulty or otherwise inoperable.","sortOrder":121},{"sectionNumber":"sec.99","sectionType":"section","heading":"Notice to vehicle’s registered operator","content":"### sec.99 Notice to vehicle’s registered operator\n\nThe toll road operator may give the registered operator of the vehicle a written notice in the approved form under this section if the toll road operator has not received the deferred toll amount.\nThe notice must specify each of the 1 or more deferred toll amounts for which it is given.\nThe notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—\npay the deferred toll amount to the toll road operator;\ngive the toll road operator, in the way mentioned in subsection (3A) , information that—\nif the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\ngives the toll road operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\nFor subsection (3) (b) , the registered operator must give the information by statutory declaration or by using the online nomination facility.\nThe notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give the information mentioned in subsection (3) (b) .\nThe notice must not require the registered operator to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\nIf the notice is given in contravention of subsection (5) , it is of no effect.\nThe registered operator must comply with the notice unless the registered operator has a reasonable excuse.\nMaximum penalty—15 penalty units.\nPayment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\nFor giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.\ns 99 prev s 99 ins 1994 No. 38 s 24\nom 1995 No. 32 s 13\npres s 99 ins 2001 No. 36 s 5\namd 2005 No. 67 s 30 ; 2014 No. 43 s 28\nsub 2018 No. 3 s 31\namd 2024 No. 2 s 19\n(sec.99-ssec.1) The toll road operator may give the registered operator of the vehicle a written notice in the approved form under this section if the toll road operator has not received the deferred toll amount.\n(sec.99-ssec.2) The notice must specify each of the 1 or more deferred toll amounts for which it is given.\n(sec.99-ssec.3) The notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the toll road operator; give the toll road operator, in the way mentioned in subsection (3A) , information that— if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the toll road operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n(sec.99-ssec.3A) For subsection (3) (b) , the registered operator must give the information by statutory declaration or by using the online nomination facility.\n(sec.99-ssec.4) The notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give the information mentioned in subsection (3) (b) .\n(sec.99-ssec.5) The notice must not require the registered operator to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\n(sec.99-ssec.6) If the notice is given in contravention of subsection (5) , it is of no effect.\n(sec.99-ssec.7) The registered operator must comply with the notice unless the registered operator has a reasonable excuse. Maximum penalty—15 penalty units.\n(sec.99-ssec.8) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\n(sec.99-ssec.9) For giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.\n- (a) pay the deferred toll amount to the toll road operator;\n- (b) give the toll road operator, in the way mentioned in subsection (3A) , information that— (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and (ii) gives the toll road operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the toll road operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the toll road operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.","sortOrder":122},{"sectionNumber":"sec.99AA","sectionType":"section","heading":"Single notice under ss 99 and 105ZH","content":"### sec.99AA Single notice under ss 99 and 105ZH\n\nA single notice may be given to the registered operator that is a notice under section 99 and a notice under section 105ZH .\nIf a single notice is given, only 1 administration charge may be charged under the notice.\nPayment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 99 (4) and section 105ZH (4) .\ns 99AA ins 2018 No. 3 s 31\n(sec.99AA-ssec.1) A single notice may be given to the registered operator that is a notice under section 99 and a notice under section 105ZH .\n(sec.99AA-ssec.2) If a single notice is given, only 1 administration charge may be charged under the notice.\n(sec.99AA-ssec.3) Payment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 99 (4) and section 105ZH (4) .","sortOrder":123},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Corporation may be taken to be driver of vehicle","content":"### sec.99A Corporation may be taken to be driver of vehicle\n\nThis section applies if the registered operator of the vehicle—\nis a corporation; and\nfails to give the toll road operator all the help, under section 99 (3) (b) (ii) , the registered operator can reasonably give to enable the toll road operator to establish the name and address of the driver of the vehicle.\nThe registered operator of the vehicle is taken to be the driver of the vehicle for sections 94 and 98 .\ns 99A ins 2005 No. 67 s 31\namd 2018 No. 3 s 32\n(sec.99A-ssec.1) This section applies if the registered operator of the vehicle— is a corporation; and fails to give the toll road operator all the help, under section 99 (3) (b) (ii) , the registered operator can reasonably give to enable the toll road operator to establish the name and address of the driver of the vehicle.\n(sec.99A-ssec.2) The registered operator of the vehicle is taken to be the driver of the vehicle for sections 94 and 98 .\n- (a) is a corporation; and\n- (b) fails to give the toll road operator all the help, under section 99 (3) (b) (ii) , the registered operator can reasonably give to enable the toll road operator to establish the name and address of the driver of the vehicle.","sortOrder":124},{"sectionNumber":"sec.100","sectionType":"section","heading":"Notice to information holder","content":"### sec.100 Notice to information holder\n\nThe toll road operator may give a notice under this section only if the toll road operator—\nhas not received the deferred toll amount; and\nconsiders, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the toll road operator establish the name and address of the driver.\nThe toll road operator may give the information holder a written notice in the approved form requiring the information holder, within the prescribed time for the notice, to give the toll road operator a statutory declaration complying with subsection (3) .\nThe statutory declaration must—\nbe made by the information holder; and\ncontain information giving the toll road operator all the help the information holder can reasonably give for establishing the driver’s name and address.\nThe information holder must comply with the notice given under subsection (2) unless the information holder has a reasonable excuse.\nMaximum penalty for subsection (4) —15 penalty units.\ns 100 orig s 100 ins 1994 No. 32 s 10\nexp 1 August 1994 (see orig s 100(2))\nAIA s 20A applies (see prev s 240(1))\nprev s 100 ins 1994 No. 32 s 5\nom 1995 No. 32 s 13\npres s 100 ins 2001 No. 36 s 5\namd 2024 No. 2 s 20\n(sec.100-ssec.1) The toll road operator may give a notice under this section only if the toll road operator— has not received the deferred toll amount; and considers, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the toll road operator establish the name and address of the driver.\n(sec.100-ssec.2) The toll road operator may give the information holder a written notice in the approved form requiring the information holder, within the prescribed time for the notice, to give the toll road operator a statutory declaration complying with subsection (3) .\n(sec.100-ssec.3) The statutory declaration must— be made by the information holder; and contain information giving the toll road operator all the help the information holder can reasonably give for establishing the driver’s name and address.\n(sec.100-ssec.4) The information holder must comply with the notice given under subsection (2) unless the information holder has a reasonable excuse. Maximum penalty for subsection (4) —15 penalty units.\n- (a) has not received the deferred toll amount; and\n- (b) considers, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the toll road operator establish the name and address of the driver.\n- (a) be made by the information holder; and\n- (b) contain information giving the toll road operator all the help the information holder can reasonably give for establishing the driver’s name and address.","sortOrder":125},{"sectionNumber":"sec.101","sectionType":"section","heading":"Notice to person identified as driver","content":"### sec.101 Notice to person identified as driver\n\nThe toll road operator may give a notice in the approved form to a person under this section if the toll road operator—\nhas not received the deferred toll amount; and\nconsiders, on reasonable grounds, it has correctly identified the person as the driver.\nThe notice must specify each of the 1 or more deferred toll amounts for which it is given.\nThe notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—\npay the deferred toll amount to the toll road operator;\ngive the toll road operator, in the way mentioned in subsection (3A) , information that—\nestablishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\ngives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\nFor subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility.\nThe notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) .\nThe notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\nIf the notice is given in contravention of subsection (5) , it is of no effect.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—15 penalty units.\nPayment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\ns 101 ins 2001 No. 36 s 5\nsub 2018 No. 3 s 33\namd 2024 No. 2 s 21\n(sec.101-ssec.1) The toll road operator may give a notice in the approved form to a person under this section if the toll road operator— has not received the deferred toll amount; and considers, on reasonable grounds, it has correctly identified the person as the driver.\n(sec.101-ssec.2) The notice must specify each of the 1 or more deferred toll amounts for which it is given.\n(sec.101-ssec.3) The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the toll road operator; give the toll road operator, in the way mentioned in subsection (3A) , information that— establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n(sec.101-ssec.3A) For subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility.\n(sec.101-ssec.4) The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) .\n(sec.101-ssec.5) The notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\n(sec.101-ssec.6) If the notice is given in contravention of subsection (5) , it is of no effect.\n(sec.101-ssec.7) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units.\n(sec.101-ssec.8) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 98 (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\n- (a) has not received the deferred toll amount; and\n- (b) considers, on reasonable grounds, it has correctly identified the person as the driver.\n- (a) pay the deferred toll amount to the toll road operator;\n- (b) give the toll road operator, in the way mentioned in subsection (3A) , information that— (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the toll road operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.","sortOrder":126},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Single notice under ss 101 and 105ZK","content":"### sec.101A Single notice under ss 101 and 105ZK\n\nA single notice may be given to a person that is a notice under section 101 and a notice under section 105ZK .\nIf a single notice is given, only 1 administration charge for the notice may be charged.\nPayment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 101 (4) and section 105ZK (4) .\ns 101A ins 2018 No. 3 s 33\n(sec.101A-ssec.1) A single notice may be given to a person that is a notice under section 101 and a notice under section 105ZK .\n(sec.101A-ssec.2) If a single notice is given, only 1 administration charge for the notice may be charged.\n(sec.101A-ssec.3) Payment of an administration charge mentioned in subsection (2) is taken to be payment of the administration charge under both section 101 (4) and section 105ZK (4) .","sortOrder":127},{"sectionNumber":"sec.102","sectionType":"section","heading":"Statutory declarations for div 3","content":"### sec.102 Statutory declarations for div 3\n\nA statutory declaration given by a person under this division may, if appropriate, be supported by statutory declarations from other persons.\nIf a person required to give a statutory declaration under this division is a body corporate, the statutory declaration must be given by a person authorised to act for the body corporate.\ns 102 ins 2001 No. 36 s 5\namd 2024 No. 2 s 22\n(sec.102-ssec.1) A statutory declaration given by a person under this division may, if appropriate, be supported by statutory declarations from other persons.\n(sec.102-ssec.2) If a person required to give a statutory declaration under this division is a body corporate, the statutory declaration must be given by a person authorised to act for the body corporate.","sortOrder":128},{"sectionNumber":"sec.103","sectionType":"section","heading":"Limit on offences","content":"### sec.103 Limit on offences\n\nIf this division applies more than once because of a failure to pay a toll at each of 2 or more toll plazas on the 1 toll road in a single journey, a person liable for an offence under this division arising out of the journey may not be punished for more than 1 offence.\ns 103 ins 2001 No. 36 s 5","sortOrder":129},{"sectionNumber":"ch.6-pt.7-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":130},{"sectionNumber":"sec.104","sectionType":"section","heading":"Confidentiality","content":"### sec.104 Confidentiality\n\nA person must not, intentionally or recklessly, disclose, allow access to, record or use personal information.\nMaximum penalty—200 penalty units.\nHowever, a person may disclose, allow access to, record or use personal information—\nin the discharge of a function related to the administration of this part; or\nif authorised, expressly or impliedly—\nunder another provision of this Act, or under another Act; or\nby the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\nfor a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or\nif the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or\nif the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\nIn this section—\nadministration of this part includes the operation of a toll road under this part.\npersonal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that—\nhas been gained or otherwise brought into existence—\nthrough involvement in the administration of this part; or\nbecause of an opportunity provided by involvement in the administration of this part; and\nis about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\ns 104 ins 2001 No. 36 s 5\n(sec.104-ssec.1) A person must not, intentionally or recklessly, disclose, allow access to, record or use personal information. Maximum penalty—200 penalty units.\n(sec.104-ssec.2) However, a person may disclose, allow access to, record or use personal information— in the discharge of a function related to the administration of this part; or if authorised, expressly or impliedly— under another provision of this Act, or under another Act; or by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\n(sec.104-ssec.3) In this section— administration of this part includes the operation of a toll road under this part. personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that— has been gained or otherwise brought into existence— through involvement in the administration of this part; or because of an opportunity provided by involvement in the administration of this part; and is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\n- (a) in the discharge of a function related to the administration of this part; or\n- (b) if authorised, expressly or impliedly— (i) under another provision of this Act, or under another Act; or (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (i) under another provision of this Act, or under another Act; or\n- (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (c) for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or\n- (d) if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or\n- (e) if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\n- (i) under another provision of this Act, or under another Act; or\n- (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (a) has been gained or otherwise brought into existence— (i) through involvement in the administration of this part; or (ii) because of an opportunity provided by involvement in the administration of this part; and\n- (i) through involvement in the administration of this part; or\n- (ii) because of an opportunity provided by involvement in the administration of this part; and\n- (b) is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\n- (i) through involvement in the administration of this part; or\n- (ii) because of an opportunity provided by involvement in the administration of this part; and","sortOrder":131},{"sectionNumber":"sec.105","sectionType":"section","heading":"Evidence and procedure","content":"### sec.105 Evidence and procedure\n\nFor this part—\nit is not necessary to prove the appointment of an official; and\na signature purporting to be the signature of an official is evidence of the signature it purports to be; and\na certificate stating any of the following matters is evidence of the matter—\na stated place was or was not a toll road or part of a toll road;\na stated place was or was not a toll plaza or part of a toll plaza;\na stated person was or was not recorded as the registered operator of a stated vehicle;\na stated vehicle was or was not a designated vehicle of a stated type;\na stated vehicle passed through a toll plaza for a toll road at a stated time;\na toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place;\na stated person was or was not a toll road operator;\na notice under section 99 was given to the registered operator of a stated vehicle;\na notice under section 100 was given to the information holder;\na notice under section 101 was given to the person identified as the driver;\nthe toll payable for a vehicle’s use of a toll road has not been paid;\nan administration charge payable under a notice given under section 99 or 101 has not been paid;\na user administration charge for a toll has not been paid;\ninformation under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\na statutory declaration under section 100 (3) or 102 was or was not received;\na recording is a recording of a type mentioned in subsection (3) made at a stated time and place .\nA certificate—\nmay relate to a stated time or period of time; and\nif it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\nA recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence—\nthat the recording was made; and\nof the accuracy of the recording; and\nof the matters stated in the recording.\nEvidence that a written notice given under section 99 (1) was in the approved form is not required unless there is evidence to the contrary.\nFor this section—\ncertificate means a certificate purporting to be signed by an official.\nofficial means—\nthe chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or\nthe chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer.\ns 105 prev s 105 ins 1995 No. 32 s 11\nom 2000 No. 6 s 23\npres s 105 ins 2001 No. 36 s 5\namd 2018 No. 3 s 34 ; 2019 No. 25 s 13 ; 2024 No. 2 s 23\n(sec.105-ssec.1) For this part— it is not necessary to prove the appointment of an official; and a signature purporting to be the signature of an official is evidence of the signature it purports to be; and a certificate stating any of the following matters is evidence of the matter— a stated place was or was not a toll road or part of a toll road; a stated place was or was not a toll plaza or part of a toll plaza; a stated person was or was not recorded as the registered operator of a stated vehicle; a stated vehicle was or was not a designated vehicle of a stated type; a stated vehicle passed through a toll plaza for a toll road at a stated time; a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; a stated person was or was not a toll road operator; a notice under section 99 was given to the registered operator of a stated vehicle; a notice under section 100 was given to the information holder; a notice under section 101 was given to the person identified as the driver; the toll payable for a vehicle’s use of a toll road has not been paid; an administration charge payable under a notice given under section 99 or 101 has not been paid; a user administration charge for a toll has not been paid; information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 100 (3) or 102 was or was not received; a recording is a recording of a type mentioned in subsection (3) made at a stated time and place .\n(sec.105-ssec.2) A certificate— may relate to a stated time or period of time; and if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\n(sec.105-ssec.3) A recording by a photographic, mechanical, electronic or other device for the purpose of administering this part, including for the operation of a toll road under this part, is evidence— that the recording was made; and of the accuracy of the recording; and of the matters stated in the recording.\n(sec.105-ssec.4) Evidence that a written notice given under section 99 (1) was in the approved form is not required unless there is evidence to the contrary.\n(sec.105-ssec.5) For this section— certificate means a certificate purporting to be signed by an official. official means— the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer.\n- (a) it is not necessary to prove the appointment of an official; and\n- (b) a signature purporting to be the signature of an official is evidence of the signature it purports to be; and\n- (c) a certificate stating any of the following matters is evidence of the matter— (i) a stated place was or was not a toll road or part of a toll road; (ii) a stated place was or was not a toll plaza or part of a toll plaza; (iii) a stated person was or was not recorded as the registered operator of a stated vehicle; (iv) a stated vehicle was or was not a designated vehicle of a stated type; (v) a stated vehicle passed through a toll plaza for a toll road at a stated time; (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place; (vii) a stated person was or was not a toll road operator; (viii) a notice under section 99 was given to the registered operator of a stated vehicle; (ix) a notice under section 100 was given to the information holder; (x) a notice under section 101 was given to the person identified as the driver; (xi) the toll payable for a vehicle’s use of a toll road has not been paid; (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid; (xiii) a user administration charge for a toll has not been paid; (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; (xv) a statutory declaration under section 100 (3) or 102 was or was not received; (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place .\n- (i) a stated place was or was not a toll road or part of a toll road;\n- (ii) a stated place was or was not a toll plaza or part of a toll plaza;\n- (iii) a stated person was or was not recorded as the registered operator of a stated vehicle;\n- (iv) a stated vehicle was or was not a designated vehicle of a stated type;\n- (v) a stated vehicle passed through a toll plaza for a toll road at a stated time;\n- (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place;\n- (vii) a stated person was or was not a toll road operator;\n- (viii) a notice under section 99 was given to the registered operator of a stated vehicle;\n- (ix) a notice under section 100 was given to the information holder;\n- (x) a notice under section 101 was given to the person identified as the driver;\n- (xi) the toll payable for a vehicle’s use of a toll road has not been paid;\n- (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid;\n- (xiii) a user administration charge for a toll has not been paid;\n- (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\n- (xv) a statutory declaration under section 100 (3) or 102 was or was not received;\n- (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place .\n- (i) a stated place was or was not a toll road or part of a toll road;\n- (ii) a stated place was or was not a toll plaza or part of a toll plaza;\n- (iii) a stated person was or was not recorded as the registered operator of a stated vehicle;\n- (iv) a stated vehicle was or was not a designated vehicle of a stated type;\n- (v) a stated vehicle passed through a toll plaza for a toll road at a stated time;\n- (vi) a toll plaza or part of the toll plaza for a toll road was or was not designated by a stated sign at a stated time and place;\n- (vii) a stated person was or was not a toll road operator;\n- (viii) a notice under section 99 was given to the registered operator of a stated vehicle;\n- (ix) a notice under section 100 was given to the information holder;\n- (x) a notice under section 101 was given to the person identified as the driver;\n- (xi) the toll payable for a vehicle’s use of a toll road has not been paid;\n- (xii) an administration charge payable under a notice given under section 99 or 101 has not been paid;\n- (xiii) a user administration charge for a toll has not been paid;\n- (xiv) information under section 99 (3) (b) or 101 (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\n- (xv) a statutory declaration under section 100 (3) or 102 was or was not received;\n- (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place .\n- (a) may relate to a stated time or period of time; and\n- (b) if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\n- (a) that the recording was made; and\n- (b) of the accuracy of the recording; and\n- (c) of the matters stated in the recording.\n- (a) the chief executive, or a suitably qualified officer or employee of the department acting under the authority of the chief executive; or\n- (b) the chief executive officer, however named, of a toll road operator, or a suitably qualified employee of either the toll road operator or another person acting under the authority of the chief executive officer.","sortOrder":132},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Local government tollways","content":"# Local government tollways","sortOrder":133},{"sectionNumber":"ch.6-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":134},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Objectives of pt 8","content":"### sec.105A Objectives of pt 8\n\nThe objectives of this part are—\nto provide a framework for the management and operation of local government tollway corridor land; and\nto ensure transport infrastructure on local government tollway corridor land is—\ndeveloped as an integrated and affordable transport system consistent with public transport infrastructure and the existing road network; and\nintegrated with the objectives of land use planning; and\nprovided in a coordinated and efficient way with an acceptable level of community access; and\nresponsive to community needs and the challenges of further growth; and\nfinancially viable.\ns 105A ins 2005 No. 67 s 32\n- (a) to provide a framework for the management and operation of local government tollway corridor land; and\n- (b) to ensure transport infrastructure on local government tollway corridor land is— (i) developed as an integrated and affordable transport system consistent with public transport infrastructure and the existing road network; and (ii) integrated with the objectives of land use planning; and (iii) provided in a coordinated and efficient way with an acceptable level of community access; and (iv) responsive to community needs and the challenges of further growth; and (v) financially viable.\n- (i) developed as an integrated and affordable transport system consistent with public transport infrastructure and the existing road network; and\n- (ii) integrated with the objectives of land use planning; and\n- (iii) provided in a coordinated and efficient way with an acceptable level of community access; and\n- (iv) responsive to community needs and the challenges of further growth; and\n- (v) financially viable.\n- (i) developed as an integrated and affordable transport system consistent with public transport infrastructure and the existing road network; and\n- (ii) integrated with the objectives of land use planning; and\n- (iii) provided in a coordinated and efficient way with an acceptable level of community access; and\n- (iv) responsive to community needs and the challenges of further growth; and\n- (v) financially viable.","sortOrder":135},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.105B Definitions for pt 8\n\nIn this part—\napproved tollway project means a tollway project approved under section 105C (2) to be an approved tollway project.\ncompliance notice see section 105GC (2) .\ns 105B def compliance notice ins 2006 No. 21 s 116 (2)\ndeclaration , for a local government tollway, means a declaration under section 105GA as in force from time to time.\ns 105B def declaration ins 2006 No. 21 s 116 (2)\ndesignated vehicle means a vehicle, other than an exempt vehicle, of a type in relation to which a toll is payable under a notice under section 105ZB .\ns 105B def designated vehicle amd 2006 No. 21 s 116 (3) ; 2025 No. 12 s 10 (1)\nE toll system means an electronic system operated by a local government tollway operator for the recording, or the recording and meeting, of liability for a toll for use of the local government tollway.\nfinal notice see section 105GE (4) .\ns 105B def final notice ins 2006 No. 21 s 116 (2)\namd 2009 No. 47 s 5 sch\nimage processing fee see section 105ZB (8) (a) .\ns 105B def image processing fee ins 2018 No. 3 s 35\namd 2025 No. 12 s 10 (2)\nlocal government franchised road means land to which a local government tollway franchise agreement applies, and includes facilities identified in the local government tollway franchise agreement that are on or for the tollway and relate to the operation or servicing of the tollway or facilities for tollway users.\nlocal government franchisee means a person with whom a local government has entered into a local government tollway franchise agreement.\ns 105B def local government franchisee ins 2006 No. 21 s 116 (2)\nlocal government tollway see section 105GA (5) .\ns 105B def local government tollway sub 2006 No. 21 s 116 (1) – (2)\nlocal government tollway corridor land —\nfor division 4 —see section 105L ; or\notherwise—means land declared under section 105H to be local government tollway corridor land.\nlocal government tollway franchise agreement see section 105Y .\nlocal government tollway infrastructure means transport infrastructure relating to local government tollways.\nlocal government tollway infrastructure works means works done for—\nconstructing local government tollway infrastructure or things associated with local government tollway infrastructure; or\nmaintaining local government tollway infrastructure or things associated with local government tollway infrastructure; or\nfacilitating the operation of local government tollway infrastructure or things associated with local government tollway infrastructure.\nlocal government tollway operator , for a local government tollway, means—\nif the local government tollway is the subject of a local government tollway franchise agreement—the person stated in the agreement as the person who is to operate the local government tollway; or\notherwise—the relevant local government.\nmatter , in relation to a contravention, means any matter arising because of the contravention.\ns 105B def matter ins 2006 No. 21 s 116 (2)\nprescribed time , for a notice given to a person under division 6 , subdivision 3 , means 30 days, or the greater number of days stated in the notice, after the notice is given.\nrelevant notice see section 105GH (1) .\ns 105B def relevant notice ins 2006 No. 21 s 116 (2)\nrevocation notice see section 105GD (2) (b) .\ns 105B def revocation notice ins 2006 No. 21 s 116 (2)\nschedule 5 step-in notice see section 105GF (2) .\ns 105B def schedule 5 step-in notice ins 2006 No. 21 s 116 (2)\nschedule 5A step-in notice see section 105GG (2) .\ns 105B def schedule 5A step-in notice ins 2006 No. 21 s 116 (2)\nsuspension notice see section 105GD (2) (a) .\ns 105B def suspension notice ins 2006 No. 21 s 116 (2)\ntollway project means a project for the development and construction of a tollway, including local government tollway infrastructure.\nuser administration charge , for a toll, means the user administration charge set, under a notice under section 105ZB , for persons making payment of the toll other than in cash or by use of the E toll system.\ns 105B def user administration charge amd 2006 No. 21 s 116 (3) ; 2025 No. 12 s 10 (3)\ns 105B ins 2005 No. 67 s 32\n- (a) for division 4 —see section 105L ; or\n- (b) otherwise—means land declared under section 105H to be local government tollway corridor land.\n- (a) constructing local government tollway infrastructure or things associated with local government tollway infrastructure; or\n- (b) maintaining local government tollway infrastructure or things associated with local government tollway infrastructure; or\n- (c) facilitating the operation of local government tollway infrastructure or things associated with local government tollway infrastructure.\n- (a) if the local government tollway is the subject of a local government tollway franchise agreement—the person stated in the agreement as the person who is to operate the local government tollway; or\n- (b) otherwise—the relevant local government.","sortOrder":136},{"sectionNumber":"ch.6-pt.8-div.2","sectionType":"division","heading":"Approval of tollway project","content":"## Approval of tollway project","sortOrder":137},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Approval of tollway project","content":"### sec.105C Approval of tollway project\n\nA local government may, by written notice given to the Minister, ask the Minister for approval for a tollway project.\nThe Minister may, by written notice given to the local government, approve the tollway project to be an approved tollway project.\nWithout limiting the matters to which the Minister may have regard in deciding whether to approve a tollway project, the Minister may have regard to the following matters—\nwhether the tollway project is viable or likely to be viable, including, for example, whether the tollway under the tollway project will be economically, financially and technically viable;\nwhether the funding of the tollway project is viable or likely to be viable, including, for example, whether funding of the tollway project provides the local government with the best value for money outcome;\nwhether the tollway project—\nmeets an identified community need; and\nfits with transport plans prepared by the State; and\nis considered to be a priority by the State;\nwhether the tollway project has an impact on other transport infrastructure policies, priorities and services;\nwhether there is an alternative road for which a toll is not charged and that offers an acceptable level of service;\nthe proposed methodology or strategy for charging tolls for use of the tollway.\nThe approval of a tollway project may be subject to conditions, included in the notice under subsection (2) , about matters the Minister considers necessary or desirable in the circumstances, including, for example, a matter mentioned in subsection (3) .\nThis section is in addition to and not in substitution for—\nthe State Development and Public Works Organisation Act 1971 ; or\nthe Statutory Bodies Financial Arrangements Act 1982 .\ns 105C ins 2005 No. 67 s 32\n(sec.105C-ssec.1) A local government may, by written notice given to the Minister, ask the Minister for approval for a tollway project.\n(sec.105C-ssec.2) The Minister may, by written notice given to the local government, approve the tollway project to be an approved tollway project.\n(sec.105C-ssec.3) Without limiting the matters to which the Minister may have regard in deciding whether to approve a tollway project, the Minister may have regard to the following matters— whether the tollway project is viable or likely to be viable, including, for example, whether the tollway under the tollway project will be economically, financially and technically viable; whether the funding of the tollway project is viable or likely to be viable, including, for example, whether funding of the tollway project provides the local government with the best value for money outcome; whether the tollway project— meets an identified community need; and fits with transport plans prepared by the State; and is considered to be a priority by the State; whether the tollway project has an impact on other transport infrastructure policies, priorities and services; whether there is an alternative road for which a toll is not charged and that offers an acceptable level of service; the proposed methodology or strategy for charging tolls for use of the tollway.\n(sec.105C-ssec.4) The approval of a tollway project may be subject to conditions, included in the notice under subsection (2) , about matters the Minister considers necessary or desirable in the circumstances, including, for example, a matter mentioned in subsection (3) .\n(sec.105C-ssec.5) This section is in addition to and not in substitution for— the State Development and Public Works Organisation Act 1971 ; or the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) whether the tollway project is viable or likely to be viable, including, for example, whether the tollway under the tollway project will be economically, financially and technically viable;\n- (b) whether the funding of the tollway project is viable or likely to be viable, including, for example, whether funding of the tollway project provides the local government with the best value for money outcome;\n- (c) whether the tollway project— (i) meets an identified community need; and (ii) fits with transport plans prepared by the State; and (iii) is considered to be a priority by the State;\n- (i) meets an identified community need; and\n- (ii) fits with transport plans prepared by the State; and\n- (iii) is considered to be a priority by the State;\n- (d) whether the tollway project has an impact on other transport infrastructure policies, priorities and services;\n- (e) whether there is an alternative road for which a toll is not charged and that offers an acceptable level of service;\n- (f) the proposed methodology or strategy for charging tolls for use of the tollway.\n- (i) meets an identified community need; and\n- (ii) fits with transport plans prepared by the State; and\n- (iii) is considered to be a priority by the State;\n- (a) the State Development and Public Works Organisation Act 1971 ; or\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":138},{"sectionNumber":"sec.105D","sectionType":"section","heading":null,"content":"### Section sec.105D\n\ns 105D ins 2005 No. 67 s 32\nom 2006 No. 21 s 117","sortOrder":139},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Minister may amend approval","content":"### sec.105E Minister may amend approval\n\nThis section applies if the Minister is reasonably satisfied there is a material change of a type mentioned in section 105ZOA to an approved tollway project.\nThe Minister may, at any time during the currency of the approval for the approved tollway project, amend the approval by written notice given to the local government.\nThe Minister may amend the approval by—\nimposing a condition on the approval; or\namending a condition on the approval; or\nremoving a condition on the approval.\nFor subsection (2) , the Minister may amend the approval—\nbecause of a notice given under section 105ZOA of a material change; or\non the Minister’s own initiative.\nAn amendment of an approval takes effect on the day the notice of the amendment is given to the local government or the later day stated in the notice.\ns 105E ins 2005 No. 67 s 32\namd 2006 No. 21 s 118\n(sec.105E-ssec.1) This section applies if the Minister is reasonably satisfied there is a material change of a type mentioned in section 105ZOA to an approved tollway project.\n(sec.105E-ssec.2) The Minister may, at any time during the currency of the approval for the approved tollway project, amend the approval by written notice given to the local government.\n(sec.105E-ssec.3) The Minister may amend the approval by— imposing a condition on the approval; or amending a condition on the approval; or removing a condition on the approval.\n(sec.105E-ssec.4) For subsection (2) , the Minister may amend the approval— because of a notice given under section 105ZOA of a material change; or on the Minister’s own initiative.\n(sec.105E-ssec.5) An amendment of an approval takes effect on the day the notice of the amendment is given to the local government or the later day stated in the notice.\n- (a) imposing a condition on the approval; or\n- (b) amending a condition on the approval; or\n- (c) removing a condition on the approval.\n- (a) because of a notice given under section 105ZOA of a material change; or\n- (b) on the Minister’s own initiative.","sortOrder":140},{"sectionNumber":"sec.105F","sectionType":"section","heading":"When approval has effect","content":"### sec.105F When approval has effect\n\nAn approval under section 105C (2) —\nstarts on the day the Minister gives the local government written notice under that subsection about the approval; and\nends on the earlier of the following days—\nthe day the Minister declares, under section 105GA , the land the subject of the approved tollway project to be a local government tollway;\nthe day the Minister revokes the approval.\nFor the way in which the power to revoke an approval is exercisable, see the Acts Interpretation Act 1954 , section 24AA .\ns 105F ins 2005 No. 67 s 32\namd 2006 No. 21 s 119\n- (a) starts on the day the Minister gives the local government written notice under that subsection about the approval; and\n- (b) ends on the earlier of the following days— (i) the day the Minister declares, under section 105GA , the land the subject of the approved tollway project to be a local government tollway; (ii) the day the Minister revokes the approval. Note— For the way in which the power to revoke an approval is exercisable, see the Acts Interpretation Act 1954 , section 24AA .\n- (i) the day the Minister declares, under section 105GA , the land the subject of the approved tollway project to be a local government tollway;\n- (ii) the day the Minister revokes the approval. Note— For the way in which the power to revoke an approval is exercisable, see the Acts Interpretation Act 1954 , section 24AA .\n- (i) the day the Minister declares, under section 105GA , the land the subject of the approved tollway project to be a local government tollway;\n- (ii) the day the Minister revokes the approval. Note— For the way in which the power to revoke an approval is exercisable, see the Acts Interpretation Act 1954 , section 24AA .","sortOrder":141},{"sectionNumber":"ch.6-pt.8-div.2A","sectionType":"division","heading":"Local government tollway","content":"## Local government tollway","sortOrder":142},{"sectionNumber":"sec.105G","sectionType":"section","heading":"Request for declaration","content":"### sec.105G Request for declaration\n\nA local government that has an approved tollway project may, by written notice given to the Minister, ask the Minister to declare a local government tollway for the approved tollway project.\nThe request must be accompanied by a plan of the proposed local government tollway.\nAfter receiving the application and the plan, the Minister may, by written notice given to the local government, ask the local government to give the Minister, within the reasonable time stated in the notice—\nfurther information or documents about the approved tollway project or proposed local government tollway; or\na revised plan or another plan for the local government tollway.\nIf the local government does not comply with a request made under subsection (3) , the Minister may make the decision about the declaration without the further information or document or revised or other plan.\ns 105G ins 2005 No. 67 s 32\nsub 2006 No. 21 s 120\n(sec.105G-ssec.1) A local government that has an approved tollway project may, by written notice given to the Minister, ask the Minister to declare a local government tollway for the approved tollway project.\n(sec.105G-ssec.2) The request must be accompanied by a plan of the proposed local government tollway.\n(sec.105G-ssec.3) After receiving the application and the plan, the Minister may, by written notice given to the local government, ask the local government to give the Minister, within the reasonable time stated in the notice— further information or documents about the approved tollway project or proposed local government tollway; or a revised plan or another plan for the local government tollway.\n(sec.105G-ssec.4) If the local government does not comply with a request made under subsection (3) , the Minister may make the decision about the declaration without the further information or document or revised or other plan.\n- (a) further information or documents about the approved tollway project or proposed local government tollway; or\n- (b) a revised plan or another plan for the local government tollway.","sortOrder":143},{"sectionNumber":"sec.105GA","sectionType":"section","heading":"Declaration","content":"### sec.105GA Declaration\n\nIf the Minister receives a request under section 105G , the Minister may, by gazette notice, declare that any of the following is a local government tollway—\na local government franchised road or part of a local government franchised road;\nlocal government tollway corridor land or part of local government tollway corridor land;\nland, or part of land, other than the land mentioned in paragraph (a) or (b) , that is—\nmentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and\nthe subject of an approved tollway project.\nWithout limiting the matters to which the Minister may have regard in deciding whether to declare a local government tollway for an approved tollway project, the Minister may have regard to the following matters—\nwhether there have been any material changes to the approved tollway project;\nwhether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject;\nwhether the local government has complied with all other requirements relevant to the approved tollway project under an Act.\nThe Minister may, by the gazette notice mentioned in subsection (1) , impose the conditions that the Minister considers necessary in the circumstances on the declaration of a local government tollway.\nA condition must be about a matter mentioned in schedule 5 or 5A .\nIn this section, a local government tollway means a local government tollway declared under this section and, if the context permits, includes the maintenance or operation of the local government tollway.\ns 105GA ins 2006 No. 21 s 120\namd 2009 No. 47 s 5 sch ; 2011 No. 12 s 31\n(sec.105GA-ssec.1) If the Minister receives a request under section 105G , the Minister may, by gazette notice, declare that any of the following is a local government tollway— a local government franchised road or part of a local government franchised road; local government tollway corridor land or part of local government tollway corridor land; land, or part of land, other than the land mentioned in paragraph (a) or (b) , that is— mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and the subject of an approved tollway project.\n(sec.105GA-ssec.2) Without limiting the matters to which the Minister may have regard in deciding whether to declare a local government tollway for an approved tollway project, the Minister may have regard to the following matters— whether there have been any material changes to the approved tollway project; whether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject; whether the local government has complied with all other requirements relevant to the approved tollway project under an Act.\n(sec.105GA-ssec.3) The Minister may, by the gazette notice mentioned in subsection (1) , impose the conditions that the Minister considers necessary in the circumstances on the declaration of a local government tollway.\n(sec.105GA-ssec.4) A condition must be about a matter mentioned in schedule 5 or 5A .\n(sec.105GA-ssec.5) In this section, a local government tollway means a local government tollway declared under this section and, if the context permits, includes the maintenance or operation of the local government tollway.\n- (a) a local government franchised road or part of a local government franchised road;\n- (b) local government tollway corridor land or part of local government tollway corridor land;\n- (c) land, or part of land, other than the land mentioned in paragraph (a) or (b) , that is— (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and (ii) the subject of an approved tollway project.\n- (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and\n- (ii) the subject of an approved tollway project.\n- (i) mentioned in section 105H (1) (a) , (b) , (c) , (d) or (e) ; and\n- (ii) the subject of an approved tollway project.\n- (a) whether there have been any material changes to the approved tollway project;\n- (b) whether the local government has complied with conditions to which, under division 2 , the approved tollway project is subject;\n- (c) whether the local government has complied with all other requirements relevant to the approved tollway project under an Act.","sortOrder":144},{"sectionNumber":"sec.105GB","sectionType":"section","heading":"Amendment etc. of declaration or conditions at request of local government","content":"### sec.105GB Amendment etc. of declaration or conditions at request of local government\n\nA local government for which the declaration of a local government tollway has been made may, by written notice given to the Minister, ask the Minister—\nto amend the description of the local government tollway because the boundaries of the land described in the declaration are not stated with adequate certainty; or\nto amend the declaration by including additional land in, or omitting land from, the declaration; or\nto impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 or 5A .\nA request under subsection (1) (a) or (b) must be accompanied by a plan of the local government tollway, identifying the land for which the amendment is sought.\nThe Minister may, by gazette notice, amend the declaration as the Minister considers necessary or desirable in the circumstances.\nIf the local government makes a request under subsection (1) (c) , the Minister may, by gazette notice—\nif the request relates to a condition mentioned in schedule 5 —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 as the Minister considers necessary or desirable; or\nif the request relates to a condition mentioned in schedule 5A —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5A as the Minister considers necessary or desirable.\nAn amendment of a declaration or the imposition, amendment or removal of a condition under this section—\nif the amendment relates to a request under subsection (1) (a) —is taken to have had effect from the day on which the declaration of the local government tollway took effect; or\notherwise—takes effect from the day the gazette notice is published.\ns 105GB ins 2006 No. 21 s 120\n(sec.105GB-ssec.1) A local government for which the declaration of a local government tollway has been made may, by written notice given to the Minister, ask the Minister— to amend the description of the local government tollway because the boundaries of the land described in the declaration are not stated with adequate certainty; or to amend the declaration by including additional land in, or omitting land from, the declaration; or to impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 or 5A .\n(sec.105GB-ssec.2) A request under subsection (1) (a) or (b) must be accompanied by a plan of the local government tollway, identifying the land for which the amendment is sought.\n(sec.105GB-ssec.3) The Minister may, by gazette notice, amend the declaration as the Minister considers necessary or desirable in the circumstances.\n(sec.105GB-ssec.4) If the local government makes a request under subsection (1) (c) , the Minister may, by gazette notice— if the request relates to a condition mentioned in schedule 5 —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 as the Minister considers necessary or desirable; or if the request relates to a condition mentioned in schedule 5A —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5A as the Minister considers necessary or desirable.\n(sec.105GB-ssec.5) An amendment of a declaration or the imposition, amendment or removal of a condition under this section— if the amendment relates to a request under subsection (1) (a) —is taken to have had effect from the day on which the declaration of the local government tollway took effect; or otherwise—takes effect from the day the gazette notice is published.\n- (a) to amend the description of the local government tollway because the boundaries of the land described in the declaration are not stated with adequate certainty; or\n- (b) to amend the declaration by including additional land in, or omitting land from, the declaration; or\n- (c) to impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 or 5A .\n- (a) if the request relates to a condition mentioned in schedule 5 —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5 as the Minister considers necessary or desirable; or\n- (b) if the request relates to a condition mentioned in schedule 5A —impose, amend or remove a condition on the declaration about a matter mentioned in schedule 5A as the Minister considers necessary or desirable.\n- (a) if the amendment relates to a request under subsection (1) (a) —is taken to have had effect from the day on which the declaration of the local government tollway took effect; or\n- (b) otherwise—takes effect from the day the gazette notice is published.","sortOrder":145},{"sectionNumber":"sec.105GC","sectionType":"section","heading":"Compliance notice","content":"### sec.105GC Compliance notice\n\nThis section applies if the Minister reasonably believes a condition imposed on a declaration of a local government tollway is being, or has been, contravened by—\nthe local government; or\nif the local government has entered into a local government tollway franchise agreement for the tollway—the local government franchisee.\nThe Minister may give the local government a notice (a compliance notice ) requiring the local government—\nif the local government is contravening, or has contravened, the condition—\nto stop contravening the condition; or\nto stop contravening the condition and rectify the matter; or\nto rectify the matter; or\nif the local government franchisee is contravening, or has contravened, the condition—\nto ensure the local government franchisee stops contravening the condition; or\nto ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or\nto rectify, or ensure the local government franchisee rectifies, the matter.\nThe compliance notice must state the following—\nthat the Minister believes the local government or local government franchisee is contravening, or has contravened, a condition imposed on the declaration of the local government tollway;\nthe condition the Minister believes is being, or has been, contravened;\nbriefly, how it is believed the condition is being, or has been, contravened;\nif the notice requires the local government to rectify, or ensure the local government franchisee rectifies, a matter—\nthe matter the Minister believes is reasonably capable of being rectified; and\nthe steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and\nthe stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps;\nthat if the contravention continues or the matter is not rectified as required, the Minister may take action described in the notice under section 105GD , 105GF or 105GG .\nIf the local government has entered into a local government tollway franchise agreement for the local government tollway, the Minister must also give a copy of the compliance notice to the local government franchisee.\nThe local government must, as required by the compliance notice and unless the local government has a reasonable excuse—\nstop contravening the condition or rectify the matter; or\nensure the local government franchisee stops contravening the condition or rectifies the matter.\ns 105GC ins 2006 No. 21 s 120\n(sec.105GC-ssec.1) This section applies if the Minister reasonably believes a condition imposed on a declaration of a local government tollway is being, or has been, contravened by— the local government; or if the local government has entered into a local government tollway franchise agreement for the tollway—the local government franchisee.\n(sec.105GC-ssec.2) The Minister may give the local government a notice (a compliance notice ) requiring the local government— if the local government is contravening, or has contravened, the condition— to stop contravening the condition; or to stop contravening the condition and rectify the matter; or to rectify the matter; or if the local government franchisee is contravening, or has contravened, the condition— to ensure the local government franchisee stops contravening the condition; or to ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or to rectify, or ensure the local government franchisee rectifies, the matter.\n(sec.105GC-ssec.3) The compliance notice must state the following— that the Minister believes the local government or local government franchisee is contravening, or has contravened, a condition imposed on the declaration of the local government tollway; the condition the Minister believes is being, or has been, contravened; briefly, how it is believed the condition is being, or has been, contravened; if the notice requires the local government to rectify, or ensure the local government franchisee rectifies, a matter— the matter the Minister believes is reasonably capable of being rectified; and the steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and the stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps; that if the contravention continues or the matter is not rectified as required, the Minister may take action described in the notice under section 105GD , 105GF or 105GG .\n(sec.105GC-ssec.4) If the local government has entered into a local government tollway franchise agreement for the local government tollway, the Minister must also give a copy of the compliance notice to the local government franchisee.\n(sec.105GC-ssec.5) The local government must, as required by the compliance notice and unless the local government has a reasonable excuse— stop contravening the condition or rectify the matter; or ensure the local government franchisee stops contravening the condition or rectifies the matter.\n- (a) the local government; or\n- (b) if the local government has entered into a local government tollway franchise agreement for the tollway—the local government franchisee.\n- (a) if the local government is contravening, or has contravened, the condition— (i) to stop contravening the condition; or (ii) to stop contravening the condition and rectify the matter; or (iii) to rectify the matter; or\n- (i) to stop contravening the condition; or\n- (ii) to stop contravening the condition and rectify the matter; or\n- (iii) to rectify the matter; or\n- (b) if the local government franchisee is contravening, or has contravened, the condition— (i) to ensure the local government franchisee stops contravening the condition; or (ii) to ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or (iii) to rectify, or ensure the local government franchisee rectifies, the matter.\n- (i) to ensure the local government franchisee stops contravening the condition; or\n- (ii) to ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or\n- (iii) to rectify, or ensure the local government franchisee rectifies, the matter.\n- (i) to stop contravening the condition; or\n- (ii) to stop contravening the condition and rectify the matter; or\n- (iii) to rectify the matter; or\n- (i) to ensure the local government franchisee stops contravening the condition; or\n- (ii) to ensure the local government franchisee stops contravening the condition and the local government to rectify, or ensure the local government franchisee rectifies, the matter; or\n- (iii) to rectify, or ensure the local government franchisee rectifies, the matter.\n- (a) that the Minister believes the local government or local government franchisee is contravening, or has contravened, a condition imposed on the declaration of the local government tollway;\n- (b) the condition the Minister believes is being, or has been, contravened;\n- (c) briefly, how it is believed the condition is being, or has been, contravened;\n- (d) if the notice requires the local government to rectify, or ensure the local government franchisee rectifies, a matter— (i) the matter the Minister believes is reasonably capable of being rectified; and (ii) the steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and (iii) the stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps;\n- (i) the matter the Minister believes is reasonably capable of being rectified; and\n- (ii) the steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and\n- (iii) the stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps;\n- (e) that if the contravention continues or the matter is not rectified as required, the Minister may take action described in the notice under section 105GD , 105GF or 105GG .\n- (i) the matter the Minister believes is reasonably capable of being rectified; and\n- (ii) the steps the local government must take to rectify, or ensure the local government franchisee rectifies, the matter; and\n- (iii) the stated reasonable period, not less than 7 days after the day the compliance notice is given, in which the local government must take the steps or ensure the local government franchisee has taken the steps;\n- (a) stop contravening the condition or rectify the matter; or\n- (b) ensure the local government franchisee stops contravening the condition or rectifies the matter.","sortOrder":146},{"sectionNumber":"sec.105GD","sectionType":"section","heading":"Failure to comply with compliance notice if no local government tollway franchise agreement","content":"### sec.105GD Failure to comply with compliance notice if no local government tollway franchise agreement\n\nThis section applies if—\nthe Minister has given a local government a compliance notice; and\nthe local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\nthe local government—\nhas not entered into a local government tollway franchise agreement for the local government tollway; or\nhas entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.\nThe Minister may—\nby written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or\ngive the local government a notice (a revocation notice ) that states the following—\nthat the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\nbriefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;\nthe steps the local government must take to stop contravening the condition or rectify the matter;\nthe stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;\nthat if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.\nThe local government must comply with the revocation notice, unless the local government has a reasonable excuse.\ns 105GD ins 2006 No. 21 s 120\n(sec.105GD-ssec.1) This section applies if— the Minister has given a local government a compliance notice; and the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the local government— has not entered into a local government tollway franchise agreement for the local government tollway; or has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.\n(sec.105GD-ssec.2) The Minister may— by written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or give the local government a notice (a revocation notice ) that states the following— that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice; the steps the local government must take to stop contravening the condition or rectify the matter; the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.\n(sec.105GD-ssec.3) The local government must comply with the revocation notice, unless the local government has a reasonable excuse.\n- (a) the Minister has given a local government a compliance notice; and\n- (b) the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\n- (c) the local government— (i) has not entered into a local government tollway franchise agreement for the local government tollway; or (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.\n- (i) has not entered into a local government tollway franchise agreement for the local government tollway; or\n- (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.\n- (i) has not entered into a local government tollway franchise agreement for the local government tollway; or\n- (ii) has entered into a local government tollway franchise agreement for the local government tollway but the agreement has ended.\n- (a) by written notice (a suspension notice ) given to the local government, declare that a toll stops being payable for the use of the local government tollway for a period stated in the notice; or\n- (b) give the local government a notice (a revocation notice ) that states the following— (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice; (iii) the steps the local government must take to stop contravening the condition or rectify the matter; (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified; (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.\n- (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\n- (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;\n- (iii) the steps the local government must take to stop contravening the condition or rectify the matter;\n- (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;\n- (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.\n- (i) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\n- (ii) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the revocation notice;\n- (iii) the steps the local government must take to stop contravening the condition or rectify the matter;\n- (iv) the stated reasonable period, not less than 7 days after the day the revocation notice is given, in which the contravention must stop or the matter must be rectified;\n- (v) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the Minister intends to revoke the declaration of the local government tollway.","sortOrder":147},{"sectionNumber":"sec.105GE","sectionType":"section","heading":"Effect of revocation notice or suspension notice","content":"### sec.105GE Effect of revocation notice or suspension notice\n\nSubsection (2) applies if—\nthe Minister gives a local government a revocation notice; and\nthe local government fails to stop contravening the condition or fails to rectify the matter, as required by the revocation notice.\nThe Minister may, by gazette notice, revoke the declaration of the local government tollway.\nA gazette notice under subsection (2) takes effect from the day the gazette notice is published or the later day stated in the gazette notice.\nAs soon as practicable after revoking a declaration under subsection (2) , the Minister must give the local government a notice (a final notice ) about the revocation of the declaration.\nIf the Minister gives the local government a suspension notice—\nthe suspension notice has effect for the period stated in the suspension notice; and\na person is not liable, under section 105ZC , to pay a toll for the use of the local government tollway for the period.\ns 105GE ins 2006 No. 21 s 120\n(sec.105GE-ssec.1) Subsection (2) applies if— the Minister gives a local government a revocation notice; and the local government fails to stop contravening the condition or fails to rectify the matter, as required by the revocation notice.\n(sec.105GE-ssec.2) The Minister may, by gazette notice, revoke the declaration of the local government tollway.\n(sec.105GE-ssec.3) A gazette notice under subsection (2) takes effect from the day the gazette notice is published or the later day stated in the gazette notice.\n(sec.105GE-ssec.4) As soon as practicable after revoking a declaration under subsection (2) , the Minister must give the local government a notice (a final notice ) about the revocation of the declaration.\n(sec.105GE-ssec.5) If the Minister gives the local government a suspension notice— the suspension notice has effect for the period stated in the suspension notice; and a person is not liable, under section 105ZC , to pay a toll for the use of the local government tollway for the period.\n- (a) the Minister gives a local government a revocation notice; and\n- (b) the local government fails to stop contravening the condition or fails to rectify the matter, as required by the revocation notice.\n- (a) the suspension notice has effect for the period stated in the suspension notice; and\n- (b) a person is not liable, under section 105ZC , to pay a toll for the use of the local government tollway for the period.","sortOrder":148},{"sectionNumber":"sec.105GF","sectionType":"section","heading":"Failure to comply with compliance notice for schedule 5 condition","content":"### sec.105GF Failure to comply with compliance notice for schedule 5 condition\n\nThis section applies if—\na local government has entered into a local government tollway franchise agreement for the local government tollway; and\nthe Minister has given the local government a compliance notice; and\nthe local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\nthe condition is a condition mentioned in schedule 5 .\nThe Minister may give the local government a notice (a schedule 5 step-in notice ) that states the following—\nthat the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\nbriefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice;\nthe steps the local government must take—\nto stop contravening the condition or to rectify the matter; or\nto ensure the local government franchisee stops contravening the condition or rectifies the matter;\nthe stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified;\nthat if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) .\nThe local government must, as required by the schedule 5 step-in notice and unless the local government has a reasonable excuse—\nstop contravening the condition or rectify the matter; or\nensure the local government franchisee stops contravening the condition or rectifies the matter.\nIf the local government fails to comply with the schedule 5 step-in notice, the chief executive may exercise the powers of the local government under the local government tollway franchise agreement for the purpose of, and only for the purpose of, enforcing the local government’s rights under the agreement in relation to the contravention of the condition.\nThe chief executive may exercise rights under subsection (4) —\nas if the chief executive were—\na party to the local government tollway franchise agreement in place of the local government; and\nsubject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and\nentitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and\nwithout relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement.\nIf the chief executive incurs costs, losses or expenses because of the exercise of powers under subsection (4) , the amount of the costs, losses or expenses—\nis a debt payable to the State by the local government; and\nmay be recovered as a debt by action against the local government.\nThe Minister must also give a copy of the schedule 5 step-in notice to the local government franchisee.\ns 105GF ins 2006 No. 21 s 120\n(sec.105GF-ssec.1) This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the local government a compliance notice; and the local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the condition is a condition mentioned in schedule 5 .\n(sec.105GF-ssec.2) The Minister may give the local government a notice (a schedule 5 step-in notice ) that states the following— that the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice; the steps the local government must take— to stop contravening the condition or to rectify the matter; or to ensure the local government franchisee stops contravening the condition or rectifies the matter; the stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) .\n(sec.105GF-ssec.3) The local government must, as required by the schedule 5 step-in notice and unless the local government has a reasonable excuse— stop contravening the condition or rectify the matter; or ensure the local government franchisee stops contravening the condition or rectifies the matter.\n(sec.105GF-ssec.4) If the local government fails to comply with the schedule 5 step-in notice, the chief executive may exercise the powers of the local government under the local government tollway franchise agreement for the purpose of, and only for the purpose of, enforcing the local government’s rights under the agreement in relation to the contravention of the condition.\n(sec.105GF-ssec.5) The chief executive may exercise rights under subsection (4) — as if the chief executive were— a party to the local government tollway franchise agreement in place of the local government; and subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and without relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement.\n(sec.105GF-ssec.6) If the chief executive incurs costs, losses or expenses because of the exercise of powers under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government.\n(sec.105GF-ssec.7) The Minister must also give a copy of the schedule 5 step-in notice to the local government franchisee.\n- (a) a local government has entered into a local government tollway franchise agreement for the local government tollway; and\n- (b) the Minister has given the local government a compliance notice; and\n- (c) the local government or local government franchisee fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\n- (d) the condition is a condition mentioned in schedule 5 .\n- (a) that the Minister believes the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\n- (b) briefly, how it is believed the local government or local government franchisee has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5 step-in notice;\n- (c) the steps the local government must take— (i) to stop contravening the condition or to rectify the matter; or (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter;\n- (i) to stop contravening the condition or to rectify the matter; or\n- (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter;\n- (d) the stated reasonable period, not less than 7 days after the day the schedule 5 step-in notice is given, in which the contravention must stop or the matter must be rectified;\n- (e) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may exercise powers under subsection (4) .\n- (i) to stop contravening the condition or to rectify the matter; or\n- (ii) to ensure the local government franchisee stops contravening the condition or rectifies the matter;\n- (a) stop contravening the condition or rectify the matter; or\n- (b) ensure the local government franchisee stops contravening the condition or rectifies the matter.\n- (a) as if the chief executive were— (i) a party to the local government tollway franchise agreement in place of the local government; and (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and\n- (i) a party to the local government tollway franchise agreement in place of the local government; and\n- (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and\n- (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and\n- (b) without relieving the local government from any of its obligations and responsibilities under the local government tollway franchise agreement.\n- (i) a party to the local government tollway franchise agreement in place of the local government; and\n- (ii) subject to the requirements imposed on the exercise of the rights by any agreement the local government has made with a financier in relation to the local government tollway; and\n- (iii) entitled to all the indemnities, benefits and protections in favour of the local government under the local government tollway franchise agreement or any ancillary agreement between the local government and the local government franchisee or the local government franchisee’s financiers; and\n- (a) is a debt payable to the State by the local government; and\n- (b) may be recovered as a debt by action against the local government.","sortOrder":149},{"sectionNumber":"sec.105GG","sectionType":"section","heading":"Failure to comply with compliance notice for schedule 5A condition","content":"### sec.105GG Failure to comply with compliance notice for schedule 5A condition\n\nThis section applies if—\na local government has entered into a local government tollway franchise agreement for the local government tollway; and\nthe Minister has given the local government a compliance notice; and\nthe local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\nthe condition is a condition mentioned in schedule 5A .\nThe notice would not mention the local government franchisee because the conditions in schedule 5A apply only to the local government.\nThe Minister may give the local government a notice (a schedule 5A step-in notice ) that states the following—\nthat the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\nbriefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5A step-in notice;\nthe steps the local government must take to stop contravening the condition or to rectify the matter;\nthe stated reasonable period, not less than 7 days after the day the schedule 5A step-in notice is given, in which the contravention must stop or the matter must be rectified;\nthat if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may take steps to stop the contravention or rectify the matter.\nThe local government must, as required by the schedule 5A step-in notice, stop contravening the condition or rectify the matter, unless the local government has a reasonable excuse.\nIf the local government fails to comply with the schedule 5A step-in notice, the chief executive may take the steps the chief executive considers necessary to stop the contravention or rectify the matter.\nIf the chief executive incurs costs, losses or expenses because of taking steps under subsection (4) , the amount of the costs, losses or expenses—\nis a debt payable to the State by the local government; and\nmay be recovered as a debt by action against the local government.\ns 105GG ins 2006 No. 21 s 120\n(sec.105GG-ssec.1) This section applies if— a local government has entered into a local government tollway franchise agreement for the local government tollway; and the Minister has given the local government a compliance notice; and the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and the condition is a condition mentioned in schedule 5A . The notice would not mention the local government franchisee because the conditions in schedule 5A apply only to the local government.\n(sec.105GG-ssec.2) The Minister may give the local government a notice (a schedule 5A step-in notice ) that states the following— that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice; briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5A step-in notice; the steps the local government must take to stop contravening the condition or to rectify the matter; the stated reasonable period, not less than 7 days after the day the schedule 5A step-in notice is given, in which the contravention must stop or the matter must be rectified; that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may take steps to stop the contravention or rectify the matter.\n(sec.105GG-ssec.3) The local government must, as required by the schedule 5A step-in notice, stop contravening the condition or rectify the matter, unless the local government has a reasonable excuse.\n(sec.105GG-ssec.4) If the local government fails to comply with the schedule 5A step-in notice, the chief executive may take the steps the chief executive considers necessary to stop the contravention or rectify the matter.\n(sec.105GG-ssec.5) If the chief executive incurs costs, losses or expenses because of taking steps under subsection (4) , the amount of the costs, losses or expenses— is a debt payable to the State by the local government; and may be recovered as a debt by action against the local government.\n- (a) a local government has entered into a local government tollway franchise agreement for the local government tollway; and\n- (b) the Minister has given the local government a compliance notice; and\n- (c) the local government fails to stop contravening the condition, or fails to rectify the matter, as required by the compliance notice; and\n- (d) the condition is a condition mentioned in schedule 5A .\n- (a) that the Minister believes the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice;\n- (b) briefly, how it is believed the local government has failed to stop contravening the condition, or failed to rectify the matter, as required by the compliance notice, including any of the matters mentioned in section 105GC (3) that are still relevant for the schedule 5A step-in notice;\n- (c) the steps the local government must take to stop contravening the condition or to rectify the matter;\n- (d) the stated reasonable period, not less than 7 days after the day the schedule 5A step-in notice is given, in which the contravention must stop or the matter must be rectified;\n- (e) that if, within the stated reasonable period, the contravention does not stop or the matter is not rectified, the chief executive may take steps to stop the contravention or rectify the matter.\n- (a) is a debt payable to the State by the local government; and\n- (b) may be recovered as a debt by action against the local government.","sortOrder":150},{"sectionNumber":"sec.105GH","sectionType":"section","heading":"Decision by Minister in relation to notice","content":"### sec.105GH Decision by Minister in relation to notice\n\nThis section applies if the Minister decides to give a local government any of the following notices (a relevant notice )—\na compliance notice;\na suspension notice;\na revocation notice;\na final notice;\na schedule 5 step-in notice;\na schedule 5A step-in notice.\nThe relevant notice must state—\nthat the local government may appeal against the decision; and\nthat, under the Transport Planning and Coordination Act 1994 , part 5 , division 3 , as applied under section 105GI , the local government may ask for the decision to be stayed.\ns 105GH ins 2006 No. 21 s 120\n(sec.105GH-ssec.1) This section applies if the Minister decides to give a local government any of the following notices (a relevant notice )— a compliance notice; a suspension notice; a revocation notice; a final notice; a schedule 5 step-in notice; a schedule 5A step-in notice.\n(sec.105GH-ssec.2) The relevant notice must state— that the local government may appeal against the decision; and that, under the Transport Planning and Coordination Act 1994 , part 5 , division 3 , as applied under section 105GI , the local government may ask for the decision to be stayed.\n- (a) a compliance notice;\n- (b) a suspension notice;\n- (c) a revocation notice;\n- (d) a final notice;\n- (e) a schedule 5 step-in notice;\n- (f) a schedule 5A step-in notice.\n- (a) that the local government may appeal against the decision; and\n- (b) that, under the Transport Planning and Coordination Act 1994 , part 5 , division 3 , as applied under section 105GI , the local government may ask for the decision to be stayed.","sortOrder":151},{"sectionNumber":"sec.105GI","sectionType":"section","heading":"Appeal against decision","content":"### sec.105GI Appeal against decision\n\nThis section applies if a local government is given a relevant notice.\nThe local government may appeal to the Supreme Court against the Minister’s decision to give the relevant notice.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 3 —\napplies to the appeal as if—\nreferences in the division to the chief executive were references to the Minister; and\nreferences in the division to a reviewed decision were references to the decision; and\nreferences in the division to an appeal court or the appeal court were references to the Supreme Court; and\nprovides—\nfor the procedure for the appeal and the way it is to be disposed of; and\nthat the decision may be stayed by the local government by applying to the Supreme Court.\ns 105GI ins 2006 No. 21 s 120\n(sec.105GI-ssec.1) This section applies if a local government is given a relevant notice.\n(sec.105GI-ssec.2) The local government may appeal to the Supreme Court against the Minister’s decision to give the relevant notice.\n(sec.105GI-ssec.3) The Transport Planning and Coordination Act 1994 , part 5 , division 3 — applies to the appeal as if— references in the division to the chief executive were references to the Minister; and references in the division to a reviewed decision were references to the decision; and references in the division to an appeal court or the appeal court were references to the Supreme Court; and provides— for the procedure for the appeal and the way it is to be disposed of; and that the decision may be stayed by the local government by applying to the Supreme Court.\n- (a) applies to the appeal as if— (i) references in the division to the chief executive were references to the Minister; and (ii) references in the division to a reviewed decision were references to the decision; and (iii) references in the division to an appeal court or the appeal court were references to the Supreme Court; and\n- (i) references in the division to the chief executive were references to the Minister; and\n- (ii) references in the division to a reviewed decision were references to the decision; and\n- (iii) references in the division to an appeal court or the appeal court were references to the Supreme Court; and\n- (b) provides— (i) for the procedure for the appeal and the way it is to be disposed of; and (ii) that the decision may be stayed by the local government by applying to the Supreme Court.\n- (i) for the procedure for the appeal and the way it is to be disposed of; and\n- (ii) that the decision may be stayed by the local government by applying to the Supreme Court.\n- (i) references in the division to the chief executive were references to the Minister; and\n- (ii) references in the division to a reviewed decision were references to the decision; and\n- (iii) references in the division to an appeal court or the appeal court were references to the Supreme Court; and\n- (i) for the procedure for the appeal and the way it is to be disposed of; and\n- (ii) that the decision may be stayed by the local government by applying to the Supreme Court.","sortOrder":152},{"sectionNumber":"ch.6-pt.8-div.3","sectionType":"division","heading":"Local government tollway corridor land","content":"## Local government tollway corridor land","sortOrder":153},{"sectionNumber":"sec.105H","sectionType":"section","heading":"Declaration of land as local government tollway corridor land","content":"### sec.105H Declaration of land as local government tollway corridor land\n\nA local government that has an approved tollway project or local government tollway may ask the Minister to declare any of the following land to be local government tollway corridor land—\nland acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ;\nland that is a road under the Land Act 1994 ;\nland, not mentioned in paragraph (a) or (b) , held by the local government;\nland, not mentioned in paragraph (b) or (e) , held by the State;\nnon-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated.\nA request under subsection (1) must be accompanied by—\na survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that—\nshows the local government tollway corridor land as it will exist if the declaration is made; and\nidentifies the land for which the declaration is sought; and\nif the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land.\nThe Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land.\nIn deciding whether to make the declaration under subsection (3) , the Minister must have regard to—\nwhether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and\nanother matter the Minister considers relevant to the declaration under subsection (3) .\nThe land must be—\nidentified specifically in the gazette notice; or\nidentified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office.\nThe declaration of land as local government tollway corridor land may be subject to conditions, included in the declaration under subsection (3) , the Minister considers necessary or desirable in the circumstances.\nThe Minister must, in a declaration under subsection (3) , declare the terms for section 105J (5) (d) that are to apply to the lease of the land to the State under section 105J (4) (a) .\nThe terms mentioned in subsection (7) must—\nhave been agreed to by the Minister administering the Land Act 1994 ; and\nbe consistent with section 105J (5) (a) to (c) .\nThe Minister may, in a declaration under subsection (3) , declare that a stated interest in land declared to be local government tollway corridor land continues in relation to—\nthe lease of the land to the State under section 105J (4) (a) ; or\nthe lease of the land to a local government under section 105J (6) .\nIf land has been declared under subsection (3) (the original local government tollway corridor land ), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land ).\nIf a declaration of land under subsection (3) (the additional local government tollway corridor land declaration ) increases the area of the original local government tollway corridor land—\nsubsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and\nfor section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and\nthe additional local government tollway corridor land declaration must state—\nthe lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and\nthe dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and\nif the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease.\nFor the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA .\ns 105H ins 2005 No. 67 s 32\namd 2006 No. 21 s 121 ; 2010 No. 19 s 202 ; 2011 No. 12 s 32\n(sec.105H-ssec.1) A local government that has an approved tollway project or local government tollway may ask the Minister to declare any of the following land to be local government tollway corridor land— land acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ; land that is a road under the Land Act 1994 ; land, not mentioned in paragraph (a) or (b) , held by the local government; land, not mentioned in paragraph (b) or (e) , held by the State; non-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated.\n(sec.105H-ssec.1A) A request under subsection (1) must be accompanied by— a survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that— shows the local government tollway corridor land as it will exist if the declaration is made; and identifies the land for which the declaration is sought; and if the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land.\n(sec.105H-ssec.3) The Minister may, by gazette notice, declare land mentioned in subsection (1) to be local government tollway corridor land.\n(sec.105H-ssec.4) In deciding whether to make the declaration under subsection (3) , the Minister must have regard to— whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and another matter the Minister considers relevant to the declaration under subsection (3) .\n(sec.105H-ssec.5) The land must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office.\n(sec.105H-ssec.6) The declaration of land as local government tollway corridor land may be subject to conditions, included in the declaration under subsection (3) , the Minister considers necessary or desirable in the circumstances.\n(sec.105H-ssec.7) The Minister must, in a declaration under subsection (3) , declare the terms for section 105J (5) (d) that are to apply to the lease of the land to the State under section 105J (4) (a) .\n(sec.105H-ssec.8) The terms mentioned in subsection (7) must— have been agreed to by the Minister administering the Land Act 1994 ; and be consistent with section 105J (5) (a) to (c) .\n(sec.105H-ssec.9) The Minister may, in a declaration under subsection (3) , declare that a stated interest in land declared to be local government tollway corridor land continues in relation to— the lease of the land to the State under section 105J (4) (a) ; or the lease of the land to a local government under section 105J (6) .\n(sec.105H-ssec.10) If land has been declared under subsection (3) (the original local government tollway corridor land ), the area of the original local government tollway corridor land may be increased by a subsequent declaration of land under subsection (3) (the additional local government tollway corridor land ).\n(sec.105H-ssec.11) If a declaration of land under subsection (3) (the additional local government tollway corridor land declaration ) increases the area of the original local government tollway corridor land— subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and for section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and the additional local government tollway corridor land declaration must state— the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease. For the effect of a declaration of additional local government tollway corridor land on leases see sections 105J and 105JAA .\n- (a) land acquired by the local government for the approved tollway project or local government tollway, including under the Transport Planning and Coordination Act 1994 , section 28D ;\n- (b) land that is a road under the Land Act 1994 ;\n- (c) land, not mentioned in paragraph (a) or (b) , held by the local government;\n- (d) land, not mentioned in paragraph (b) or (e) , held by the State;\n- (e) non-freehold land (including a reserve or part of a reserve) under the Land Act 1994 , other than land mentioned in paragraph (b) , on or within which road transport infrastructure or rail transport infrastructure is situated.\n- (a) a survey plan of the local government tollway corridor land for the approved tollway project or local government tollway that— (i) shows the local government tollway corridor land as it will exist if the declaration is made; and (ii) identifies the land for which the declaration is sought; and\n- (i) shows the local government tollway corridor land as it will exist if the declaration is made; and\n- (ii) identifies the land for which the declaration is sought; and\n- (b) if the request relates to a local government tollway—a request under section 105GB (1) (a) or (b) to amend the declaration of the local government tollway in accordance with the proposed declaration of the local government tollway corridor land.\n- (i) shows the local government tollway corridor land as it will exist if the declaration is made; and\n- (ii) identifies the land for which the declaration is sought; and\n- (a) whether the local government has complied with any conditions to which, under this Act, the approved tollway project or the declaration of a local government tollway is subject; and\n- (b) another matter the Minister considers relevant to the declaration under subsection (3) .\n- (a) identified specifically in the gazette notice; or\n- (b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available to be read at the local government’s public office.\n- (a) have been agreed to by the Minister administering the Land Act 1994 ; and\n- (b) be consistent with section 105J (5) (a) to (c) .\n- (a) the lease of the land to the State under section 105J (4) (a) ; or\n- (b) the lease of the land to a local government under section 105J (6) .\n- (a) subsections (7) and (8) do not apply to the additional local government tollway corridor land declaration; and\n- (b) for section 105J (5) (d) , the terms that apply to the lease of the land to the State are the terms for the lease of the original local government tollway corridor land applying immediately before the additional local government tollway corridor land declaration is made; and\n- (c) the additional local government tollway corridor land declaration must state— (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease.\n- (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and\n- (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and\n- (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease.\n- (i) the lease reference number for the lease under section 105J (4) of the original local government tollway corridor land; and\n- (ii) the dealing number for the lease of the original local government tollway corridor land under section 105J (6) ; and\n- (iii) if the additional local government tollway corridor land is to be added to a lease under section 105J (9) or (10) of the original local government tollway corridor land—the dealing number for the lease.","sortOrder":154},{"sectionNumber":"sec.105I","sectionType":"section","heading":"Local government tollway corridor land on rail corridor land","content":"### sec.105I Local government tollway corridor land on rail corridor land\n\nThis section applies if, under section 105H , the Minister intends to declare a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land to be local government tollway corridor land.\nBefore making the declaration, the Minister must be satisfied—\nthe department has consulted with the railway manager, if any, for the rail corridor land; and\nthe railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\nIf the Minister decides to declare the road, or part of the road, to be local government tollway corridor land, the declaration under section 105H (3) must also declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the local government tollway corridor land.\nThe declaration of a common area may be subject to conditions, included in the declaration under section 105H (3) , the Minister considers necessary or desirable.\nWhen the common area is declared—\nthe local government for whom the declaration of the local government tollway corridor land is made may construct, maintain and operate a local government tollway on the common area in a way not inconsistent with its use as rail corridor land; and\na bridge or other structure over a railway\na bridge or other structure that allows the tollway to pass under the railway\nthe railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a local government tollway; and\nthe railway manager and its agents or employees do not have any liability for the local government tollway or its use or operation on the common area.\nUnless the local government and the railway manager, if any, for the rail corridor land otherwise agree—\nsubject to section 251 , the local government is responsible for maintaining a local government tollway on the common area; and\nif the local government tollway on the common area stops being used, the local government is responsible for the cost of removing local government tollway infrastructure from the common area and restoring the railway.\nThe State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by—\nthe Minister’s declaration; or\nanything done by the local government for the common area.\nIf a declaration under section 105H (3) includes a common area—\nthe chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\nthe registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\nany existing common area on the part of the rail corridor land where it is crossed by the road is, on the publication of the declaration, extinguished.\ns 105I ins 2005 No. 67 s 32\namd 2011 No. 12 s 33 ; 2017 No. 25 s 56\n(sec.105I-ssec.1) This section applies if, under section 105H , the Minister intends to declare a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land to be local government tollway corridor land.\n(sec.105I-ssec.2) Before making the declaration, the Minister must be satisfied— the department has consulted with the railway manager, if any, for the rail corridor land; and the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n(sec.105I-ssec.3) If the Minister decides to declare the road, or part of the road, to be local government tollway corridor land, the declaration under section 105H (3) must also declare the part of the rail corridor land where it is crossed by the road to be a common area ( common area ) for the rail corridor land and the local government tollway corridor land.\n(sec.105I-ssec.4) The declaration of a common area may be subject to conditions, included in the declaration under section 105H (3) , the Minister considers necessary or desirable.\n(sec.105I-ssec.5) When the common area is declared— the local government for whom the declaration of the local government tollway corridor land is made may construct, maintain and operate a local government tollway on the common area in a way not inconsistent with its use as rail corridor land; and a bridge or other structure over a railway a bridge or other structure that allows the tollway to pass under the railway the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a local government tollway; and the railway manager and its agents or employees do not have any liability for the local government tollway or its use or operation on the common area.\n(sec.105I-ssec.6) Unless the local government and the railway manager, if any, for the rail corridor land otherwise agree— subject to section 251 , the local government is responsible for maintaining a local government tollway on the common area; and if the local government tollway on the common area stops being used, the local government is responsible for the cost of removing local government tollway infrastructure from the common area and restoring the railway.\n(sec.105I-ssec.7) The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land, whether entered into before or after the commencement of this section, between the State and the railway manager by— the Minister’s declaration; or anything done by the local government for the common area.\n(sec.105I-ssec.8) If a declaration under section 105H (3) includes a common area— the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and any existing common area on the part of the rail corridor land where it is crossed by the road is, on the publication of the declaration, extinguished.\n- (a) the department has consulted with the railway manager, if any, for the rail corridor land; and\n- (b) the railway manager has been given a reasonable opportunity to make submissions to the Minister about the proposed declaration.\n- (a) the local government for whom the declaration of the local government tollway corridor land is made may construct, maintain and operate a local government tollway on the common area in a way not inconsistent with its use as rail corridor land; and Examples for paragraph (a) — • a bridge or other structure over a railway • a bridge or other structure that allows the tollway to pass under the railway\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the tollway to pass under the railway\n- (b) the railway manager, if any, for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a local government tollway; and\n- (c) the railway manager and its agents or employees do not have any liability for the local government tollway or its use or operation on the common area.\n- • a bridge or other structure over a railway\n- • a bridge or other structure that allows the tollway to pass under the railway\n- (a) subject to section 251 , the local government is responsible for maintaining a local government tollway on the common area; and\n- (b) if the local government tollway on the common area stops being used, the local government is responsible for the cost of removing local government tollway infrastructure from the common area and restoring the railway.\n- (a) the Minister’s declaration; or\n- (b) anything done by the local government for the common area.\n- (a) the chief executive must, as soon as practicable, give a copy of the gazette notice of the declaration to the registrar of titles; and\n- (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register; and\n- (c) any existing common area on the part of the rail corridor land where it is crossed by the road is, on the publication of the declaration, extinguished.","sortOrder":155},{"sectionNumber":"sec.105J","sectionType":"section","heading":"Effect on land of local government tollway corridor land declaration","content":"### sec.105J Effect on land of local government tollway corridor land declaration\n\nIf a road, or part of a road, under the Land Act 1994 is declared under section 105H to be local government tollway corridor land, the road or part—\nstops being a road under that Act; and\nbecomes unallocated State land.\nIf a lot, or part of a lot, under the Land Title Act 1994 is declared under section 105H to be local government tollway corridor land, the lot or part becomes unallocated State land.\nIf land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 105H to be local government tollway corridor land, the land becomes unallocated State land.\nSubject to section 105M , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 105H (9) .\nThe Minister administering the Land Act 1994 —\nis taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\nmust lodge a document evidencing the lease in the leasehold land register.\nThe lease is—\nin perpetuity; and\nif demanded, for a rent of $1 a year; and\nsubject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and\non the terms stated in the declaration of the local government tollway corridor land under section 105H (7) .\nThe State must lease local government tollway corridor land to the local government that asked, under section 105H , for the land to be declared to be local government tollway corridor land.\nThe lease under subsection (6) may include an option to renew the lease.\nThe terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are—\nto be decided by the Minister; and\nsubject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) .\nThe local government may lease the local government tollway corridor land to another person for use as a tollway.\nA person to whom the local government has leased the local government tollway corridor land, or a person who holds a lease under the lease from the local government, may lease the local government tollway corridor land to another person.\nEach lease under subsection (9) or (10) may include an option to renew the lease.\nThe terms of each lease under subsection (9) or (10) , including an option to renew the lease, and a renewed lease are to be decided by the lessor and lessee but must be consistent with any conditions imposed on the approved tollway project under an Act.\nIf an interest that is a registered interest is continued under section 105H (9) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued.\nIf the Minister makes an additional local government tollway corridor land declaration, this section is subject to section 105JAA .\nIn this section—\nregistered interest means—\nan interest recorded in a register kept under the Land Act 1994 , section 276 ; or\na registered interest under the Land Title Act 1994 .\ns 105J ins 2005 No. 67 s 32\namd 2010 No. 13 s 86 ; 2010 No. 19 s 203 ; 2011 No. 12 s 34 ; 2020 No. 21 s 72 s ch 1 pt 1\n(sec.105J-ssec.1) If a road, or part of a road, under the Land Act 1994 is declared under section 105H to be local government tollway corridor land, the road or part— stops being a road under that Act; and becomes unallocated State land.\n(sec.105J-ssec.2) If a lot, or part of a lot, under the Land Title Act 1994 is declared under section 105H to be local government tollway corridor land, the lot or part becomes unallocated State land.\n(sec.105J-ssec.3) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under section 105H to be local government tollway corridor land, the land becomes unallocated State land.\n(sec.105J-ssec.3A) Subject to section 105M , land that becomes unallocated State land under subsection (1) , (2) or (3) is free of any interest or obligation other than the interests in the land, if any, continued under section 105H (9) .\n(sec.105J-ssec.4) The Minister administering the Land Act 1994 — is taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and must lodge a document evidencing the lease in the leasehold land register.\n(sec.105J-ssec.5) The lease is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and on the terms stated in the declaration of the local government tollway corridor land under section 105H (7) .\n(sec.105J-ssec.6) The State must lease local government tollway corridor land to the local government that asked, under section 105H , for the land to be declared to be local government tollway corridor land.\n(sec.105J-ssec.7) The lease under subsection (6) may include an option to renew the lease.\n(sec.105J-ssec.8) The terms of the lease under subsection (6) , including an option to renew the lease, and a renewed lease are— to be decided by the Minister; and subject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) .\n(sec.105J-ssec.9) The local government may lease the local government tollway corridor land to another person for use as a tollway.\n(sec.105J-ssec.10) A person to whom the local government has leased the local government tollway corridor land, or a person who holds a lease under the lease from the local government, may lease the local government tollway corridor land to another person.\n(sec.105J-ssec.11) Each lease under subsection (9) or (10) may include an option to renew the lease.\n(sec.105J-ssec.12) The terms of each lease under subsection (9) or (10) , including an option to renew the lease, and a renewed lease are to be decided by the lessor and lessee but must be consistent with any conditions imposed on the approved tollway project under an Act.\n(sec.105J-ssec.13) If an interest that is a registered interest is continued under section 105H (9) , the registrar of titles must record the interest in the leasehold land register against the lease in relation to which it is continued.\n(sec.105J-ssec.13A) If the Minister makes an additional local government tollway corridor land declaration, this section is subject to section 105JAA .\n(sec.105J-ssec.14) In this section— registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 .\n- (a) stops being a road under that Act; and\n- (b) becomes unallocated State land.\n- (a) is taken to have leased the local government tollway corridor land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\n- (b) must lodge a document evidencing the lease in the leasehold land register.\n- (a) in perpetuity; and\n- (b) if demanded, for a rent of $1 a year; and\n- (c) subject to the interests in the local government tollway corridor land, if any, continued in relation to the lease under section 105H (9) (a) ; and\n- (d) on the terms stated in the declaration of the local government tollway corridor land under section 105H (7) .\n- (a) to be decided by the Minister; and\n- (b) subject to the interests in the land, if any, continued in relation to the lease under section 105H (9) (b) .\n- (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or\n- (b) a registered interest under the Land Title Act 1994 .","sortOrder":156},{"sectionNumber":"sec.105JAA","sectionType":"section","heading":"Effect of additional local government tollway corridor land declaration on leases","content":"### sec.105JAA Effect of additional local government tollway corridor land declaration on leases\n\nThis section applies if the Minister makes an additional local government tollway corridor land declaration.\nFor applying section 105J to the additional local government tollway corridor land, the following apply—\ndespite section 105J (4) —\nthe Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional local government tollway corridor land; and\nthe chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\na reference in section 105J (5) to the lease is taken to be a reference to the amended perpetual lease;\na reference in section 105J (5) (c) to the local government tollway corridor land includes a reference to the additional local government tollway corridor land;\ndespite section 105J (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 105H (11) (b) ;\ndespite section 105J (6) , the sublease is taken to be amended (the amended sublease ) to include the additional local government tollway corridor land;\ndespite section 105J (8) (a) , the terms of the amended sublease are the same as the terms of the sublease immediately before the additional local government tollway corridor land declaration is made;\na reference in section 105J (8) (b) to the land includes a reference to the additional local government tollway corridor land;\nwithout limiting section 105J (9) and (10) , the additional local government tollway corridor land may be added to a lease under the subsection of the original local government tollway corridor land;\nthe Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease to include the additional local government tollway corridor land;\nthe chief executive must lodge in the leasehold land register the documents the registrar of titles considers necessary to give effect to the amended sublease;\nthe amended sublease operates as if it had been originally issued or executed as amended.\nIf the additional local government tollway corridor land is to be added to a sub-sublease—\nthe sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional local government tollway corridor land; and\nthe Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sub-sublease to include the additional local government tollway corridor land; and\nthe chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sub-sublease in the leasehold land register; and\nthe amended sub-sublease operates as if it had been originally issued or executed as amended.\nFor subsections (2) (a) (ii) and (j) and (3)(c), no fee is payable for lodging the documents.\nIn this section—\nsublease means the lease of the original local government tollway corridor land under section 105J (6) .\nsub-sublease means a lease of original local government tollway corridor land under section 105J (9) or (10) .\ns 105JAA ins 2011 No. 12 s 35\n(sec.105JAA-ssec.1) This section applies if the Minister makes an additional local government tollway corridor land declaration.\n(sec.105JAA-ssec.2) For applying section 105J to the additional local government tollway corridor land, the following apply— despite section 105J (4) — the Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional local government tollway corridor land; and the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register; a reference in section 105J (5) to the lease is taken to be a reference to the amended perpetual lease; a reference in section 105J (5) (c) to the local government tollway corridor land includes a reference to the additional local government tollway corridor land; despite section 105J (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 105H (11) (b) ; despite section 105J (6) , the sublease is taken to be amended (the amended sublease ) to include the additional local government tollway corridor land; despite section 105J (8) (a) , the terms of the amended sublease are the same as the terms of the sublease immediately before the additional local government tollway corridor land declaration is made; a reference in section 105J (8) (b) to the land includes a reference to the additional local government tollway corridor land; without limiting section 105J (9) and (10) , the additional local government tollway corridor land may be added to a lease under the subsection of the original local government tollway corridor land; the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease to include the additional local government tollway corridor land; the chief executive must lodge in the leasehold land register the documents the registrar of titles considers necessary to give effect to the amended sublease; the amended sublease operates as if it had been originally issued or executed as amended.\n(sec.105JAA-ssec.3) If the additional local government tollway corridor land is to be added to a sub-sublease— the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional local government tollway corridor land; and the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sub-sublease to include the additional local government tollway corridor land; and the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sub-sublease in the leasehold land register; and the amended sub-sublease operates as if it had been originally issued or executed as amended.\n(sec.105JAA-ssec.4) For subsections (2) (a) (ii) and (j) and (3)(c), no fee is payable for lodging the documents.\n(sec.105JAA-ssec.5) In this section— sublease means the lease of the original local government tollway corridor land under section 105J (6) . sub-sublease means a lease of original local government tollway corridor land under section 105J (9) or (10) .\n- (a) despite section 105J (4) — (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional local government tollway corridor land; and (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional local government tollway corridor land; and\n- (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (b) a reference in section 105J (5) to the lease is taken to be a reference to the amended perpetual lease;\n- (c) a reference in section 105J (5) (c) to the local government tollway corridor land includes a reference to the additional local government tollway corridor land;\n- (d) despite section 105J (5) (d) , the terms that apply to the amended perpetual lease are the terms mentioned in section 105H (11) (b) ;\n- (e) despite section 105J (6) , the sublease is taken to be amended (the amended sublease ) to include the additional local government tollway corridor land;\n- (f) despite section 105J (8) (a) , the terms of the amended sublease are the same as the terms of the sublease immediately before the additional local government tollway corridor land declaration is made;\n- (g) a reference in section 105J (8) (b) to the land includes a reference to the additional local government tollway corridor land;\n- (h) without limiting section 105J (9) and (10) , the additional local government tollway corridor land may be added to a lease under the subsection of the original local government tollway corridor land;\n- (i) the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sublease to include the additional local government tollway corridor land;\n- (j) the chief executive must lodge in the leasehold land register the documents the registrar of titles considers necessary to give effect to the amended sublease;\n- (k) the amended sublease operates as if it had been originally issued or executed as amended.\n- (i) the Minister administering the Land Act 1994 is taken to have amended the lease of the original local government tollway corridor land (the amended perpetual lease ) under the Land Act 1994 , section 360A , to include the additional local government tollway corridor land; and\n- (ii) the chief executive must lodge with the registrar of titles the documents that the registrar considers necessary to evidence the amended perpetual lease in the leasehold land register;\n- (a) the sub-sublease is taken to be amended (the amended sub-sublease ) to include the additional local government tollway corridor land; and\n- (b) the Land Act 1994 , section 336 (3) and (4) do not apply to an amendment of the sub-sublease to include the additional local government tollway corridor land; and\n- (c) the chief executive must lodge with the registrar of titles the documents the registrar considers necessary to evidence the amended sub-sublease in the leasehold land register; and\n- (d) the amended sub-sublease operates as if it had been originally issued or executed as amended.","sortOrder":157},{"sectionNumber":"sec.105JAB","sectionType":"section","heading":"Effect of local government tollway corridor land declaration on State-controlled road declaration","content":"### sec.105JAB Effect of local government tollway corridor land declaration on State-controlled road declaration\n\nThis section applies if—\nthe Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and\nland where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 105H (3) to be local government tollway corridor land.\nThe State-controlled road declaration is revoked to the extent the declaration is for the State-controlled road, or part of the State-controlled road, situated on the local government tollway corridor land.\nSection 25 does not apply to the revocation.\ns 105JAB ins 2014 No. 43 s 29\n(sec.105JAB-ssec.1) This section applies if— the Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and land where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 105H (3) to be local government tollway corridor land.\n(sec.105JAB-ssec.2) The State-controlled road declaration is revoked to the extent the declaration is for the State-controlled road, or part of the State-controlled road, situated on the local government tollway corridor land.\n(sec.105JAB-ssec.3) Section 25 does not apply to the revocation.\n- (a) the Minister has declared a road or route, or part of a road or route, to be a State-controlled road under section 24 (1) ( State-controlled road declaration ); and\n- (b) land where the State-controlled road, or part of the State-controlled road, is situated is later declared under section 105H (3) to be local government tollway corridor land.","sortOrder":158},{"sectionNumber":"sec.105JA","sectionType":"section","heading":"Compensation","content":"### sec.105JA Compensation\n\nSubsection (3) applies to a person who has an interest in land declared to be local government tollway corridor land under section 105H .\nHowever, subsection (3) does not apply if the interest—\nis continued under section 105H (9) ; or\nis an interest under a services contract for the land.\nThe person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\nFor applying the Acquisition of Land Act 1967 under subsection (3) —\nthe State is the constructing authority; and\nfor section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and\nthe reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\nOther than as stated in this section, a person has no right to compensation for the declaration of land as local government tollway corridor land under section 105H .\ns 105JA ins 2010 No. 19 s 204\n(sec.105JA-ssec.1) Subsection (3) applies to a person who has an interest in land declared to be local government tollway corridor land under section 105H .\n(sec.105JA-ssec.2) However, subsection (3) does not apply if the interest— is continued under section 105H (9) ; or is an interest under a services contract for the land.\n(sec.105JA-ssec.3) The person has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\n(sec.105JA-ssec.4) For applying the Acquisition of Land Act 1967 under subsection (3) — the State is the constructing authority; and for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\n(sec.105JA-ssec.5) Other than as stated in this section, a person has no right to compensation for the declaration of land as local government tollway corridor land under section 105H .\n- (a) is continued under section 105H (9) ; or\n- (b) is an interest under a services contract for the land.\n- (a) the State is the constructing authority; and\n- (b) for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court copies of the claim given by the claimant to the State and the gazette notice for the declaration; and\n- (c) the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.","sortOrder":159},{"sectionNumber":"sec.105K","sectionType":"section","heading":"Relationship with other Acts","content":"### sec.105K Relationship with other Acts\n\nThe following provisions do not apply to any lease or sublease, under section 105J , of local government tollway corridor land—\nthe Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) ;\nthe Local Government (Finance, Plans and Reporting) Regulation 2010 , section 176 ;\nthe City of Brisbane (Finance, Plans and Reporting) Regulation 2010 , section 171 .\ns 105K ins 2005 No. 67 s 32\namd 2012 No. 33 s 192 sch\n- (a) the Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) ;\n- (b) the Local Government (Finance, Plans and Reporting) Regulation 2010 , section 176 ;\n- (c) the City of Brisbane (Finance, Plans and Reporting) Regulation 2010 , section 171 .","sortOrder":160},{"sectionNumber":"ch.6-pt.8-div.4","sectionType":"division","heading":"Public utility plant","content":"## Public utility plant","sortOrder":161},{"sectionNumber":"sec.105L","sectionType":"section","heading":"Definition for div 4","content":"### sec.105L Definition for div 4\n\nIn this division—\nlocal government tollway corridor land means local government tollway corridor land that, immediately before it was declared under this chapter to be local government tollway corridor land, was a road or part of a road.\ns 105L ins 2005 No. 67 s 32","sortOrder":162},{"sectionNumber":"sec.105M","sectionType":"section","heading":"Retention of ownership of public utility plant","content":"### sec.105M Retention of ownership of public utility plant\n\nThis section applies if, immediately before the declaration of land as local government tollway corridor land, public utility plant was located on the land.\nThe declaration does not affect the ownership of the public utility plant.\ns 105M ins 2005 No. 67 s 32\n(sec.105M-ssec.1) This section applies if, immediately before the declaration of land as local government tollway corridor land, public utility plant was located on the land.\n(sec.105M-ssec.2) The declaration does not affect the ownership of the public utility plant.","sortOrder":163},{"sectionNumber":"sec.105N","sectionType":"section","heading":"Public utility plant on local government tollway corridor land","content":"### sec.105N Public utility plant on local government tollway corridor land\n\nA public utility provider may do the following things on local government tollway corridor land—\nbuild, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\nmaintain or repair, or alter, for maintenance or repair, its public utility plant;\ntake reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\nHowever, the public utility provider may do things mentioned in subsection (1) only with the written agreement of the local government for whom the declaration of the local government tollway corridor land was made.\nThe local government must not unreasonably withhold agreement.\nHowever, the local government may impose conditions on the agreement—\nto ensure the safety of persons doing things mentioned in subsection (1) ; or\nto require persons doing things mentioned in subsection (1) to undergo training.\nDespite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on local government tollway corridor land without the written agreement of the local government.\nHowever, the public utility provider may carry out urgent maintenance under subsection (5) only if the public utility provider—\nmakes all reasonable attempts to obtain the oral agreement of the chief executive officer of the local government to the carrying out of the maintenance; and\nwhether or not the chief executive officer’s oral agreement is obtained, acts as quickly as possible to advise the local government of the details of the maintenance being carried out.\nBuilding or altering public utility plant under subsection (1) (a) does not affect the ownership of the public utility plant.\ns 105N ins 2005 No. 67 s 32\n(sec.105N-ssec.1) A public utility provider may do the following things on local government tollway corridor land— build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; maintain or repair, or alter, for maintenance or repair, its public utility plant; take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n(sec.105N-ssec.2) However, the public utility provider may do things mentioned in subsection (1) only with the written agreement of the local government for whom the declaration of the local government tollway corridor land was made.\n(sec.105N-ssec.3) The local government must not unreasonably withhold agreement.\n(sec.105N-ssec.4) However, the local government may impose conditions on the agreement— to ensure the safety of persons doing things mentioned in subsection (1) ; or to require persons doing things mentioned in subsection (1) to undergo training.\n(sec.105N-ssec.5) Despite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on local government tollway corridor land without the written agreement of the local government.\n(sec.105N-ssec.6) However, the public utility provider may carry out urgent maintenance under subsection (5) only if the public utility provider— makes all reasonable attempts to obtain the oral agreement of the chief executive officer of the local government to the carrying out of the maintenance; and whether or not the chief executive officer’s oral agreement is obtained, acts as quickly as possible to advise the local government of the details of the maintenance being carried out.\n(sec.105N-ssec.7) Building or altering public utility plant under subsection (1) (a) does not affect the ownership of the public utility plant.\n- (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\n- (b) maintain or repair, or alter, for maintenance or repair, its public utility plant;\n- (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n- (a) to ensure the safety of persons doing things mentioned in subsection (1) ; or\n- (b) to require persons doing things mentioned in subsection (1) to undergo training.\n- (a) makes all reasonable attempts to obtain the oral agreement of the chief executive officer of the local government to the carrying out of the maintenance; and\n- (b) whether or not the chief executive officer’s oral agreement is obtained, acts as quickly as possible to advise the local government of the details of the maintenance being carried out.","sortOrder":164},{"sectionNumber":"sec.105O","sectionType":"section","heading":"Local government must give public utility provider information","content":"### sec.105O Local government must give public utility provider information\n\nThis section applies if a public utility provider asks, in writing, the local government for information about lines and levels for planned local government tollway infrastructure on local government tollway corridor land.\nThe local government must give the public utility provider the information about the lines and levels necessary to enable the public utility provider to minimise possible adverse effects of the establishment of the infrastructure on the public utility provider’s works.\ns 105O ins 2005 No. 67 s 32\n(sec.105O-ssec.1) This section applies if a public utility provider asks, in writing, the local government for information about lines and levels for planned local government tollway infrastructure on local government tollway corridor land.\n(sec.105O-ssec.2) The local government must give the public utility provider the information about the lines and levels necessary to enable the public utility provider to minimise possible adverse effects of the establishment of the infrastructure on the public utility provider’s works.","sortOrder":165},{"sectionNumber":"sec.105P","sectionType":"section","heading":"Public utility provider to consult with local government before replacing public utility plant","content":"### sec.105P Public utility provider to consult with local government before replacing public utility plant\n\nThis section applies if a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on local government tollway corridor land.\nThe public utility provider must, before seeking written agreement under section 105N , consult with the local government.\nThe object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the local government tollway corridor land.\ns 105P ins 2005 No. 67 s 32\n(sec.105P-ssec.1) This section applies if a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on local government tollway corridor land.\n(sec.105P-ssec.2) The public utility provider must, before seeking written agreement under section 105N , consult with the local government.\n(sec.105P-ssec.3) The object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the local government tollway corridor land.","sortOrder":166},{"sectionNumber":"sec.105Q","sectionType":"section","heading":"Public utility provider to comply with local government’s or chief executive officer’s agreement","content":"### sec.105Q Public utility provider to comply with local government’s or chief executive officer’s agreement\n\nThis section applies if, in relation to local government tollway corridor land, a public utility provider does something mentioned in section 105N (1) (the relevant action )—\nwithout the written agreement of the local government, or the oral agreement of the local government’s chief executive officer, required under section 105N ; or\nin a way inconsistent with an agreement with the local government or chief executive officer.\nThe local government may, by written notice given to the public utility provider, require the public utility provider, at the public utility provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\nThe time stated in the notice must be a time that is reasonable in the circumstances.\nIf the public utility provider does not comply with the notice, the local government may arrange for action the local government considers necessary to remedy the relevant action.\nThe local government’s reasonable expenses in arranging for the action to be carried out is a debt payable by the public utility provider to the local government.\ns 105Q ins 2005 No. 67 s 32\n(sec.105Q-ssec.1) This section applies if, in relation to local government tollway corridor land, a public utility provider does something mentioned in section 105N (1) (the relevant action )— without the written agreement of the local government, or the oral agreement of the local government’s chief executive officer, required under section 105N ; or in a way inconsistent with an agreement with the local government or chief executive officer.\n(sec.105Q-ssec.2) The local government may, by written notice given to the public utility provider, require the public utility provider, at the public utility provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\n(sec.105Q-ssec.3) The time stated in the notice must be a time that is reasonable in the circumstances.\n(sec.105Q-ssec.4) If the public utility provider does not comply with the notice, the local government may arrange for action the local government considers necessary to remedy the relevant action.\n(sec.105Q-ssec.5) The local government’s reasonable expenses in arranging for the action to be carried out is a debt payable by the public utility provider to the local government.\n- (a) without the written agreement of the local government, or the oral agreement of the local government’s chief executive officer, required under section 105N ; or\n- (b) in a way inconsistent with an agreement with the local government or chief executive officer.","sortOrder":167},{"sectionNumber":"sec.105R","sectionType":"section","heading":"Local government may require public utility provider to change position of public utility plant","content":"### sec.105R Local government may require public utility provider to change position of public utility plant\n\nA local government may require a public utility provider to change the position of the public utility provider’s public utility plant on local government tollway corridor land if the local government considers that the public utility plant will interfere with the exercise of the local government’s powers for the local government tollway corridor land.\nThe local government is responsible only for the cost of changing the position of the public utility plant.\ns 105R ins 2005 No. 67 s 32\n(sec.105R-ssec.1) A local government may require a public utility provider to change the position of the public utility provider’s public utility plant on local government tollway corridor land if the local government considers that the public utility plant will interfere with the exercise of the local government’s powers for the local government tollway corridor land.\n(sec.105R-ssec.2) The local government is responsible only for the cost of changing the position of the public utility plant.","sortOrder":168},{"sectionNumber":"sec.105S","sectionType":"section","heading":"Information by public utility provider to local government","content":"### sec.105S Information by public utility provider to local government\n\nIf, in relation to public utility plant on local government tollway corridor land, a public utility provider does something mentioned in section 105N (1) , the public utility provider must prepare records adequately defining the location of the public utility plant.\nA public utility provider owning public utility plant located on local government tollway corridor land must, if asked by the local government, give the local government information adequately defining the location of the public utility plant.\nMaximum penalty for subsection (2) —40 penalty units.\ns 105S ins 2005 No. 67 s 32\n(sec.105S-ssec.1) If, in relation to public utility plant on local government tollway corridor land, a public utility provider does something mentioned in section 105N (1) , the public utility provider must prepare records adequately defining the location of the public utility plant.\n(sec.105S-ssec.2) A public utility provider owning public utility plant located on local government tollway corridor land must, if asked by the local government, give the local government information adequately defining the location of the public utility plant. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":169},{"sectionNumber":"sec.105T","sectionType":"section","heading":"Liability for damage caused by failure to comply with request for information","content":"### sec.105T Liability for damage caused by failure to comply with request for information\n\nThis section applies if—\na local government causes damage to public utility plant located on local government tollway corridor land; and\nbefore the damage was caused, the local government had asked for information as mentioned in section 105S (2) from the public utility provider owning the public utility plant; and\nthe public utility provider had not, within a reasonable time, complied with the request; and\nthe damage was caused because of the failure to comply with the request.\nUnless the local government otherwise agrees, the local government is not liable for the damage.\ns 105T ins 2005 No. 67 s 32\n(sec.105T-ssec.1) This section applies if— a local government causes damage to public utility plant located on local government tollway corridor land; and before the damage was caused, the local government had asked for information as mentioned in section 105S (2) from the public utility provider owning the public utility plant; and the public utility provider had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request.\n(sec.105T-ssec.2) Unless the local government otherwise agrees, the local government is not liable for the damage.\n- (a) a local government causes damage to public utility plant located on local government tollway corridor land; and\n- (b) before the damage was caused, the local government had asked for information as mentioned in section 105S (2) from the public utility provider owning the public utility plant; and\n- (c) the public utility provider had not, within a reasonable time, complied with the request; and\n- (d) the damage was caused because of the failure to comply with the request.","sortOrder":170},{"sectionNumber":"sec.105U","sectionType":"section","heading":"Liability for damage caused by failure to give enough detail about location of public utility plant","content":"### sec.105U Liability for damage caused by failure to give enough detail about location of public utility plant\n\nThis section applies if—\na local government causes damage to public utility plant located on local government tollway corridor land; and\ninformation given to the local government under section 105S (2) did not define in enough detail the location of the public utility plant; and\nthe damage was caused because of the failure to define in enough detail the location of the public utility plant.\nUnless the local government otherwise agrees, the local government is not liable for the damage.\ns 105U ins 2005 No. 67 s 32\n(sec.105U-ssec.1) This section applies if— a local government causes damage to public utility plant located on local government tollway corridor land; and information given to the local government under section 105S (2) did not define in enough detail the location of the public utility plant; and the damage was caused because of the failure to define in enough detail the location of the public utility plant.\n(sec.105U-ssec.2) Unless the local government otherwise agrees, the local government is not liable for the damage.\n- (a) a local government causes damage to public utility plant located on local government tollway corridor land; and\n- (b) information given to the local government under section 105S (2) did not define in enough detail the location of the public utility plant; and\n- (c) the damage was caused because of the failure to define in enough detail the location of the public utility plant.","sortOrder":171},{"sectionNumber":"sec.105V","sectionType":"section","heading":"Liability for damage caused because of failure to comply with local government’s requirements","content":"### sec.105V Liability for damage caused because of failure to comply with local government’s requirements\n\nThis section applies if—\na local government causes damage to public utility plant located on local government tollway corridor land; and\nthe damage is caused because the public utility provider owning the public utility plant did something mentioned in section 105N (1) in relation to the public utility plant other than under the local government’s requirements under this division.\nUnless the local government otherwise agrees, the local government is not liable for the damage.\ns 105V ins 2005 No. 67 s 32\n(sec.105V-ssec.1) This section applies if— a local government causes damage to public utility plant located on local government tollway corridor land; and the damage is caused because the public utility provider owning the public utility plant did something mentioned in section 105N (1) in relation to the public utility plant other than under the local government’s requirements under this division.\n(sec.105V-ssec.2) Unless the local government otherwise agrees, the local government is not liable for the damage.\n- (a) a local government causes damage to public utility plant located on local government tollway corridor land; and\n- (b) the damage is caused because the public utility provider owning the public utility plant did something mentioned in section 105N (1) in relation to the public utility plant other than under the local government’s requirements under this division.","sortOrder":172},{"sectionNumber":"sec.105W","sectionType":"section","heading":"Liability of public utility provider to pay additional expenses incurred by local government","content":"### sec.105W Liability of public utility provider to pay additional expenses incurred by local government\n\nThis section applies if a local government incurs additional expense in carrying out local government tollway infrastructure works on local government tollway corridor land because a public utility provider—\ndid not give within a reasonable time information asked for by the local government as mentioned in section 105S (2) ; or\nin giving information as mentioned in section 105S (2) to the local government, did not define in enough detail the location of public utility plant; or\ndid something mentioned in section 105N (1) in relation to public utility plant other than under the local government’s requirements under this division.\nUnless the local government otherwise agrees, the public utility provider is liable to pay the local government the additional expense.\ns 105W ins 2005 No. 67 s 32\n(sec.105W-ssec.1) This section applies if a local government incurs additional expense in carrying out local government tollway infrastructure works on local government tollway corridor land because a public utility provider— did not give within a reasonable time information asked for by the local government as mentioned in section 105S (2) ; or in giving information as mentioned in section 105S (2) to the local government, did not define in enough detail the location of public utility plant; or did something mentioned in section 105N (1) in relation to public utility plant other than under the local government’s requirements under this division.\n(sec.105W-ssec.2) Unless the local government otherwise agrees, the public utility provider is liable to pay the local government the additional expense.\n- (a) did not give within a reasonable time information asked for by the local government as mentioned in section 105S (2) ; or\n- (b) in giving information as mentioned in section 105S (2) to the local government, did not define in enough detail the location of public utility plant; or\n- (c) did something mentioned in section 105N (1) in relation to public utility plant other than under the local government’s requirements under this division.","sortOrder":173},{"sectionNumber":"sec.105X","sectionType":"section","heading":"Replacement or reconstruction of public utility plant","content":"### sec.105X Replacement or reconstruction of public utility plant\n\nThis section applies if the carrying out of local government tollway infrastructure works on local government tollway corridor land by or for the local government requires taking away or replacing public utility plant.\nThe local government can not be compelled to replace or reconstruct the public utility plant in its previous location and form.\nIf the public utility plant is replaced or reconstructed—\nit must be done under the local government’s requirements; and\nit must be done at the local government’s expense.\nHowever, the cost to the local government of replacement or reconstruction of the public utility plant may be reduced by agreement between the local government and the public utility provider owning the public utility plant after taking into account—\nthe remaining life of the public utility plant; and\nthe salvage or scrap value of the public utility plant; and\nadditional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and\nadditional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements.\ns 105X ins 2005 No. 67 s 32\n(sec.105X-ssec.1) This section applies if the carrying out of local government tollway infrastructure works on local government tollway corridor land by or for the local government requires taking away or replacing public utility plant.\n(sec.105X-ssec.2) The local government can not be compelled to replace or reconstruct the public utility plant in its previous location and form.\n(sec.105X-ssec.3) If the public utility plant is replaced or reconstructed— it must be done under the local government’s requirements; and it must be done at the local government’s expense.\n(sec.105X-ssec.4) However, the cost to the local government of replacement or reconstruction of the public utility plant may be reduced by agreement between the local government and the public utility provider owning the public utility plant after taking into account— the remaining life of the public utility plant; and the salvage or scrap value of the public utility plant; and additional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and additional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements.\n- (a) it must be done under the local government’s requirements; and\n- (b) it must be done at the local government’s expense.\n- (a) the remaining life of the public utility plant; and\n- (b) the salvage or scrap value of the public utility plant; and\n- (c) additional expense incurred because of inaccurate information given by the public utility provider about the location of the public utility plant; and\n- (d) additional expense incurred because the public utility plant was not constructed in accordance with the local government’s requirements.","sortOrder":174},{"sectionNumber":"ch.6-pt.8-div.5","sectionType":"division","heading":"Franchising local government tollway corridor land","content":"## Franchising local government tollway corridor land","sortOrder":175},{"sectionNumber":"sec.105Y","sectionType":"section","heading":"Power to enter into tollway franchise agreements","content":"### sec.105Y Power to enter into tollway franchise agreements\n\nA local government may, with the Treasurer’s approval under the Statutory Bodies Financial Arrangements Act 1982 , section 60A , enter into an agreement (a local government tollway franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of—\na tollway under an approved tollway project; or\na local government tollway.\nThe agreement must be consistent with—\nfor a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and\nfor a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.\nAlso, to the extent practicable, the agreement must be consistent with—\nthe coordination plan; and\nthe objectives of this Act; and\nany relevant regional plan under the Planning Act ; and\nthe objectives of the State’s current transport infrastructure strategies.\nThe agreement may include, for example, the following—\nprovisions about the ownership of the local government tollway infrastructure;\nprovisions about tolls for the use of the local government tollway;\nprovisions about administration charges in relation to tolls for the use of the local government tollway.\ns 105Y ins 2005 No. 67 s 32\namd 2006 No. 21 s 122 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch\n(sec.105Y-ssec.1) A local government may, with the Treasurer’s approval under the Statutory Bodies Financial Arrangements Act 1982 , section 60A , enter into an agreement (a local government tollway franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of— a tollway under an approved tollway project; or a local government tollway.\n(sec.105Y-ssec.2) The agreement must be consistent with— for a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and for a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.\n(sec.105Y-ssec.3) Also, to the extent practicable, the agreement must be consistent with— the coordination plan; and the objectives of this Act; and any relevant regional plan under the Planning Act ; and the objectives of the State’s current transport infrastructure strategies.\n(sec.105Y-ssec.4) The agreement may include, for example, the following— provisions about the ownership of the local government tollway infrastructure; provisions about tolls for the use of the local government tollway; provisions about administration charges in relation to tolls for the use of the local government tollway.\n- (a) a tollway under an approved tollway project; or\n- (b) a local government tollway.\n- (a) for a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and\n- (b) for a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.\n- (a) the coordination plan; and\n- (b) the objectives of this Act; and\n- (c) any relevant regional plan under the Planning Act ; and\n- (d) the objectives of the State’s current transport infrastructure strategies.\n- (a) provisions about the ownership of the local government tollway infrastructure;\n- (b) provisions about tolls for the use of the local government tollway;\n- (c) provisions about administration charges in relation to tolls for the use of the local government tollway.","sortOrder":176},{"sectionNumber":"sec.105Z","sectionType":"section","heading":"Tabling of local government tollway franchise agreements","content":"### sec.105Z Tabling of local government tollway franchise agreements\n\nThe mayor of a local government that enters into a local government tollway franchise agreement or an amendment of a local government tollway franchise agreement must, as soon as practicable after the agreement or amendment is entered into, table the agreement or amendment at a meeting of the local government.\nThe local government must—\nkeep the local government tollway franchise agreement or the amendment of a local government tollway franchise agreement open for inspection, free of charge, by members of the public at its public office; and\nmake copies available for purchase at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage.\ns 105Z ins 2005 No. 67 s 32\n(sec.105Z-ssec.1) The mayor of a local government that enters into a local government tollway franchise agreement or an amendment of a local government tollway franchise agreement must, as soon as practicable after the agreement or amendment is entered into, table the agreement or amendment at a meeting of the local government.\n(sec.105Z-ssec.2) The local government must— keep the local government tollway franchise agreement or the amendment of a local government tollway franchise agreement open for inspection, free of charge, by members of the public at its public office; and make copies available for purchase at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage.\n- (a) keep the local government tollway franchise agreement or the amendment of a local government tollway franchise agreement open for inspection, free of charge, by members of the public at its public office; and\n- (b) make copies available for purchase at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage.","sortOrder":177},{"sectionNumber":"sec.105ZA","sectionType":"section","heading":"Annual report on operation of part","content":"### sec.105ZA Annual report on operation of part\n\nIf a local government has entered into a local government tollway franchise agreement, each annual report of the local government under the Local Government Act 2009 or the City of Brisbane Act 2010 must include a report on the operation of this part during the financial year to which the report relates.\nWithout limiting subsection (1) , the report must include—\nif the local government has an approved tollway project—a statement of how it is complying with conditions to which the approval is subject; and\nif the local government has a local government tollway—a statement of how it is complying with any conditions imposed on the declaration.\ns 105ZA ins 2005 No. 67 s 32\nsub 2006 No. 21 s 123\namd 2009 No. 17 s 331 sch 1 ; 2012 No. 33 s 192 sch\n(sec.105ZA-ssec.1) If a local government has entered into a local government tollway franchise agreement, each annual report of the local government under the Local Government Act 2009 or the City of Brisbane Act 2010 must include a report on the operation of this part during the financial year to which the report relates.\n(sec.105ZA-ssec.2) Without limiting subsection (1) , the report must include— if the local government has an approved tollway project—a statement of how it is complying with conditions to which the approval is subject; and if the local government has a local government tollway—a statement of how it is complying with any conditions imposed on the declaration.\n- (a) if the local government has an approved tollway project—a statement of how it is complying with conditions to which the approval is subject; and\n- (b) if the local government has a local government tollway—a statement of how it is complying with any conditions imposed on the declaration.","sortOrder":178},{"sectionNumber":"ch.6-pt.8-div.6","sectionType":"division","heading":"Tolling matters","content":"## Tolling matters","sortOrder":179},{"sectionNumber":"sec.105ZB","sectionType":"section","heading":"Local government to give notice of tolling matters","content":"### sec.105ZB Local government to give notice of tolling matters\n\nA local government must give notice of the matters mentioned in schedule 5 for a local government tollway before a toll becomes payable for the use of the local government tollway.\nThe local government may give notice to amend the notification of a matter mentioned in schedule 5 included in a notice given under subsection (1) .\nNotice given under this section must be given by a notice published in a newspaper circulating generally in the local government’s area and in adjoining local government areas.\nA notice given under subsection (2) must—\nif the notice relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or\nif the notice relates to the administration charge and user administration charge payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or\nif the notice relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\nA toll may be set in a way that applies differently—\nto different classes of vehicles; or\nby reference to stated exceptions or factors.\nSubsection (5) does not limit schedule 5 or the Statutory Instruments Act 1992 .\nIf a notice given under this section relates to an administration charge, the charge must not be more than the reasonable cost, under this division, of—\nissuing a notice about an unpaid toll; and\ncollecting the unpaid toll, an image processing fee for the toll and the administration charge.\nIf a notice given under this section relates to a user administration charge, the charge—\nmay include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and\nso far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.\nA reference in a notice under this section to a video matching fee is taken to be a reference to an image processing fee.\ns 105ZB ins 2005 No. 67 s 32\nsub 2006 No. 21 s 125\namd 2018 No. 3 s 36 ; 2025 No. 12 s 11\n(sec.105ZB-ssec.1) A local government must give notice of the matters mentioned in schedule 5 for a local government tollway before a toll becomes payable for the use of the local government tollway.\n(sec.105ZB-ssec.2) The local government may give notice to amend the notification of a matter mentioned in schedule 5 included in a notice given under subsection (1) .\n(sec.105ZB-ssec.3) Notice given under this section must be given by a notice published in a newspaper circulating generally in the local government’s area and in adjoining local government areas.\n(sec.105ZB-ssec.4) A notice given under subsection (2) must— if the notice relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or if the notice relates to the administration charge and user administration charge payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or if the notice relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\n(sec.105ZB-ssec.5) A toll may be set in a way that applies differently— to different classes of vehicles; or by reference to stated exceptions or factors.\n(sec.105ZB-ssec.6) Subsection (5) does not limit schedule 5 or the Statutory Instruments Act 1992 .\n(sec.105ZB-ssec.7) If a notice given under this section relates to an administration charge, the charge must not be more than the reasonable cost, under this division, of— issuing a notice about an unpaid toll; and collecting the unpaid toll, an image processing fee for the toll and the administration charge.\n(sec.105ZB-ssec.8) If a notice given under this section relates to a user administration charge, the charge— may include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.\n(sec.105ZB-ssec.9) A reference in a notice under this section to a video matching fee is taken to be a reference to an image processing fee.\n- (a) if the notice relates to a matter, of a type mentioned in schedule 5 , items 1 to 4 or 9, relating to a toll payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 1 to 4 and 9; or\n- (b) if the notice relates to the administration charge and user administration charge payable under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 5 and 7; or\n- (c) if the notice relates to a way of making payment of a toll liability, of a type mentioned in schedule 5 , item 6, and a description of an arrangement for paying a toll, of a type mentioned in schedule 5 , item 8, under a notice given under subsection (1) —include notice of the matters mentioned in schedule 5 , items 6 and 8.\n- (a) to different classes of vehicles; or\n- (b) by reference to stated exceptions or factors.\n- (a) issuing a notice about an unpaid toll; and\n- (b) collecting the unpaid toll, an image processing fee for the toll and the administration charge.\n- (a) may include a fee (an image processing fee ) that is not more than the reasonable cost of capturing, processing and using an image to identify a vehicle at a toll plaza for the toll; and\n- (b) so far as it does not comprise an image processing fee, must not be more than the reasonable cost, under this division, of administering and collecting payment of the toll.","sortOrder":180},{"sectionNumber":"sec.105ZC","sectionType":"section","heading":"Liability for toll and user administration charge and satisfying the liability","content":"### sec.105ZC Liability for toll and user administration charge and satisfying the liability\n\nThe driver of a designated vehicle entering, or on, a local government tollway is liable, at each toll plaza through which the vehicle passes, for—\nthe toll payable at the toll plaza for the use of the local government tollway by the vehicle; and\nif the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of the E toll system—the user administration charge for the toll.\nThe amount of any unpaid toll or user administration charge may be recovered by the local government tollway operator as a debt from the driver, subject to any applicable agreement made by the local government tollway operator.\nHowever, the driver is not liable to pay the amount of the user administration charge for the toll if the toll is unpaid because—\nthe driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\nthe E toll system is faulty or otherwise inoperable.\nThe driver may satisfy the driver’s liability for the toll payable at a toll plaza by—\nif a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or\nif there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using an E toll system—using the E toll system as required under section 105ZD (1) ; or\nif a notice under section 105ZB provides another way of making the payment—making the payment in that way.\nIf the designated vehicle is at an E toll only pay point at the toll plaza, the driver may satisfy the driver’s liability for the toll only by—\nusing the E toll system as required under section 105ZD (1) ; or\nanother way provided in a notice under section 105ZB .\ns 105ZC ins 2005 No. 67 s 32\namd 2006 No. 21 s 150 (1) sch 1 ; 2009 No. 47 s 5 sch ; 2025 No. 12 s 12\n(sec.105ZC-ssec.1) The driver of a designated vehicle entering, or on, a local government tollway is liable, at each toll plaza through which the vehicle passes, for— the toll payable at the toll plaza for the use of the local government tollway by the vehicle; and if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of the E toll system—the user administration charge for the toll.\n(sec.105ZC-ssec.2) The amount of any unpaid toll or user administration charge may be recovered by the local government tollway operator as a debt from the driver, subject to any applicable agreement made by the local government tollway operator.\n(sec.105ZC-ssec.3) However, the driver is not liable to pay the amount of the user administration charge for the toll if the toll is unpaid because— the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or the E toll system is faulty or otherwise inoperable.\n(sec.105ZC-ssec.4) The driver may satisfy the driver’s liability for the toll payable at a toll plaza by— if a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or if there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using an E toll system—using the E toll system as required under section 105ZD (1) ; or if a notice under section 105ZB provides another way of making the payment—making the payment in that way.\n(sec.105ZC-ssec.5) If the designated vehicle is at an E toll only pay point at the toll plaza, the driver may satisfy the driver’s liability for the toll only by— using the E toll system as required under section 105ZD (1) ; or another way provided in a notice under section 105ZB .\n- (a) the toll payable at the toll plaza for the use of the local government tollway by the vehicle; and\n- (b) if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of the E toll system—the user administration charge for the toll.\n- (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\n- (b) the E toll system is faulty or otherwise inoperable.\n- (a) if a part of the toll plaza is designated by appropriate signs as available for making a toll payment in cash—making a payment in cash of the toll payable; or\n- (b) if there is an E toll only pay point at the toll plaza, or another part of the toll plaza designated by appropriate signs as available for using an E toll system—using the E toll system as required under section 105ZD (1) ; or\n- (c) if a notice under section 105ZB provides another way of making the payment—making the payment in that way.\n- (a) using the E toll system as required under section 105ZD (1) ; or\n- (b) another way provided in a notice under section 105ZB .","sortOrder":181},{"sectionNumber":"sec.105ZD","sectionType":"section","heading":"Using the E toll system","content":"### sec.105ZD Using the E toll system\n\nThe following requirements apply for using the E toll system to satisfy the driver’s liability for the toll payable at the toll plaza—\nthe designated vehicle must have a properly operating transponder or other electronic device;\nthe transponder or other device—\nmust have been issued for a vehicle of the same type as the designated vehicle; and\nmust be linked to a valid account for the E toll system operating for the local government tollway; and\nmust properly activate the E toll system.\nUsing the E toll system to satisfy the liability of a designated vehicle’s driver for the toll payable at a toll plaza does not affect another contractual obligation owed by the driver or another person to a local government tollway operator under an applicable agreement made by the local government tollway operator.\nThe arrangements for a person’s account with a local government tollway operator may provide that the person will be billed at the end of each month for all the times the transponder issued to the person has been used at toll plazas on the local government tollway in the month.\ns 105ZD ins 2005 No. 67 s 32\n(sec.105ZD-ssec.1) The following requirements apply for using the E toll system to satisfy the driver’s liability for the toll payable at the toll plaza— the designated vehicle must have a properly operating transponder or other electronic device; the transponder or other device— must have been issued for a vehicle of the same type as the designated vehicle; and must be linked to a valid account for the E toll system operating for the local government tollway; and must properly activate the E toll system.\n(sec.105ZD-ssec.2) Using the E toll system to satisfy the liability of a designated vehicle’s driver for the toll payable at a toll plaza does not affect another contractual obligation owed by the driver or another person to a local government tollway operator under an applicable agreement made by the local government tollway operator. The arrangements for a person’s account with a local government tollway operator may provide that the person will be billed at the end of each month for all the times the transponder issued to the person has been used at toll plazas on the local government tollway in the month.\n- (a) the designated vehicle must have a properly operating transponder or other electronic device;\n- (b) the transponder or other device— (i) must have been issued for a vehicle of the same type as the designated vehicle; and (ii) must be linked to a valid account for the E toll system operating for the local government tollway; and (iii) must properly activate the E toll system.\n- (i) must have been issued for a vehicle of the same type as the designated vehicle; and\n- (ii) must be linked to a valid account for the E toll system operating for the local government tollway; and\n- (iii) must properly activate the E toll system.\n- (i) must have been issued for a vehicle of the same type as the designated vehicle; and\n- (ii) must be linked to a valid account for the E toll system operating for the local government tollway; and\n- (iii) must properly activate the E toll system.","sortOrder":182},{"sectionNumber":"sec.105ZE","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.105ZE Application of sdiv 3\n\nThis subdivision applies if—\na designated vehicle passes through a toll plaza on a local government tollway; and\nthe driver does not, under section 105ZC (4) , satisfy the driver’s liability for the toll payable at the toll plaza.\ns 105ZE ins 2005 No. 67 s 32\n- (a) a designated vehicle passes through a toll plaza on a local government tollway; and\n- (b) the driver does not, under section 105ZC (4) , satisfy the driver’s liability for the toll payable at the toll plaza.","sortOrder":183},{"sectionNumber":"sec.105ZF","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.105ZF Definitions for sdiv 3\n\nIn this subdivision—\ndeferred toll amount means the total of the following amounts for any local government tollway—\nthe amount of the toll for which the driver’s liability was not satisfied under section 105ZC (4) ;\nthe amount of the image processing fee for the toll.\ns 105ZF def deferred toll amount amd 2006 No. 21 s 126 ; 2018 No. 3 s 37\nonline nomination facility means an electronic system operated by the local government tollway operator that is designed to—\nbe accessed by—\nthe registered operator of a vehicle who is given a notice under section 105ZH ; or\na person who is given a notice under section 105ZK ; and\nallow the registered operator or person to give the local government tollway operator the information mentioned in section 105ZH (3) (b) or 105ZK (3) (b) ; and\nallow a record of the information given to be downloaded or printed by the registered operator or person.\ns 105ZF def online nomination facility ins 2024 No. 2 s 24\ns 105ZF ins 2005 No. 67 s 32\namd 2024 No. 2 s 24\n- (a) the amount of the toll for which the driver’s liability was not satisfied under section 105ZC (4) ;\n- (b) the amount of the image processing fee for the toll.\n- (a) be accessed by— (i) the registered operator of a vehicle who is given a notice under section 105ZH ; or (ii) a person who is given a notice under section 105ZK ; and\n- (i) the registered operator of a vehicle who is given a notice under section 105ZH ; or\n- (ii) a person who is given a notice under section 105ZK ; and\n- (b) allow the registered operator or person to give the local government tollway operator the information mentioned in section 105ZH (3) (b) or 105ZK (3) (b) ; and\n- (c) allow a record of the information given to be downloaded or printed by the registered operator or person.\n- (i) the registered operator of a vehicle who is given a notice under section 105ZH ; or\n- (ii) a person who is given a notice under section 105ZK ; and","sortOrder":184},{"sectionNumber":"sec.105ZG","sectionType":"section","heading":"Liability for image processing fee and administration charge in addition to unpaid toll","content":"### sec.105ZG Liability for image processing fee and administration charge in addition to unpaid toll\n\nIf this subdivision applies to a driver, the driver immediately becomes liable to pay the local government tollway operator, in addition to the unpaid toll, the amount of—\nthe image processing fee for the toll; and\nan administration charge.\nHowever, the driver is not liable under subsection (1) to pay the amount of the image processing fee or administration charge if the toll is unpaid because—\nthe driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\nthe E toll system is faulty or otherwise inoperable.\ns 105ZG ins 2005 No. 67 s 32\namd 2006 No. 21 s 127 ; 2018 No. 3 s 38\n(sec.105ZG-ssec.1) If this subdivision applies to a driver, the driver immediately becomes liable to pay the local government tollway operator, in addition to the unpaid toll, the amount of— the image processing fee for the toll; and an administration charge.\n(sec.105ZG-ssec.2) However, the driver is not liable under subsection (1) to pay the amount of the image processing fee or administration charge if the toll is unpaid because— the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or the E toll system is faulty or otherwise inoperable.\n- (a) the image processing fee for the toll; and\n- (b) an administration charge.\n- (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or\n- (b) the E toll system is faulty or otherwise inoperable.","sortOrder":185},{"sectionNumber":"sec.105ZH","sectionType":"section","heading":"Notice to vehicle’s registered operator","content":"### sec.105ZH Notice to vehicle’s registered operator\n\nThe local government tollway operator may give the registered operator of the vehicle a written notice in the approved form under this section if the local government tollway operator has not received the deferred toll amount.\nThe notice must specify each of the 1 or more deferred toll amounts for which it is given.\nThe notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—\npay the deferred toll amount to the local government tollway operator;\ngive the local government tollway operator, in the way mentioned in subsection (3A) , information that—\nif the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\ngives the local government tollway operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\nFor subsection (3) (b) , the registered operator must give the information by statutory declaration or by using the online nomination facility.\nThe notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give the information mentioned in subsection (3) (b) .\nThe notice must not require the registered operator to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\nIf the notice is given in contravention of subsection (5) , it is of no effect.\nThe registered operator must comply with the notice unless the registered operator has a reasonable excuse.\nMaximum penalty—15 penalty units.\nPayment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\nFor giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.\nSection 99AA provides for giving a single notice under section 99 and this section.\ns 105ZH ins 2005 No. 67 s 32\namd 2014 No. 43 s 30\nsub 2018 No. 3 s 39\namd 2024 No. 2 s 25\n(sec.105ZH-ssec.1) The local government tollway operator may give the registered operator of the vehicle a written notice in the approved form under this section if the local government tollway operator has not received the deferred toll amount.\n(sec.105ZH-ssec.2) The notice must specify each of the 1 or more deferred toll amounts for which it is given.\n(sec.105ZH-ssec.3) The notice must require the registered operator to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the local government tollway operator; give the local government tollway operator, in the way mentioned in subsection (3A) , information that— if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the local government tollway operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n(sec.105ZH-ssec.3A) For subsection (3) (b) , the registered operator must give the information by statutory declaration or by using the online nomination facility.\n(sec.105ZH-ssec.4) The notice may also require the registered operator to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the registered operator does not give the information mentioned in subsection (3) (b) .\n(sec.105ZH-ssec.5) The notice must not require the registered operator to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\n(sec.105ZH-ssec.6) If the notice is given in contravention of subsection (5) , it is of no effect.\n(sec.105ZH-ssec.7) The registered operator must comply with the notice unless the registered operator has a reasonable excuse. Maximum penalty—15 penalty units.\n(sec.105ZH-ssec.8) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\n(sec.105ZH-ssec.9) For giving the notice, the registered operator’s address for service may be taken to be a residential, postal or business address recorded for the registered operator under the registration Act applying to the designated vehicle’s registration.\n(sec.105ZH-ssec.10) Section 99AA provides for giving a single notice under section 99 and this section.\n- (a) pay the deferred toll amount to the local government tollway operator;\n- (b) give the local government tollway operator, in the way mentioned in subsection (3A) , information that— (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and (ii) gives the local government tollway operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the local government tollway operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) if the registered operator is an individual—establishes, to the extent it is reasonably practicable for the registered operator to do so, that the registered operator was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the local government tollway operator all the help the registered operator can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.","sortOrder":186},{"sectionNumber":"sec.105ZI","sectionType":"section","heading":"Corporation may be taken to be driver of vehicle","content":"### sec.105ZI Corporation may be taken to be driver of vehicle\n\nThis section applies if the registered operator of the vehicle—\nis a corporation; and\nfails to give the local government tollway operator all the help, under section 105ZH (3) (b) (ii) , the registered operator can reasonably give to enable the local government tollway operator to establish the name and address of the driver of the vehicle.\nThe registered operator of the vehicle is taken to be the driver of the vehicle for sections 105ZC and 105ZG .\ns 105ZI ins 2005 No. 67 s 32\namd 2018 No. 3 s 40\n(sec.105ZI-ssec.1) This section applies if the registered operator of the vehicle— is a corporation; and fails to give the local government tollway operator all the help, under section 105ZH (3) (b) (ii) , the registered operator can reasonably give to enable the local government tollway operator to establish the name and address of the driver of the vehicle.\n(sec.105ZI-ssec.2) The registered operator of the vehicle is taken to be the driver of the vehicle for sections 105ZC and 105ZG .\n- (a) is a corporation; and\n- (b) fails to give the local government tollway operator all the help, under section 105ZH (3) (b) (ii) , the registered operator can reasonably give to enable the local government tollway operator to establish the name and address of the driver of the vehicle.","sortOrder":187},{"sectionNumber":"sec.105ZJ","sectionType":"section","heading":"Notice to information holder","content":"### sec.105ZJ Notice to information holder\n\nThe local government tollway operator may give a notice under this section only if the local government tollway operator—\nhas not received the deferred toll amount; and\nconsiders, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the local government tollway operator establish the name and address of the driver.\nThe local government tollway operator may give the information holder a written notice requiring the information holder, within the prescribed time for the notice, to give the local government tollway operator a statutory declaration complying with subsection (3) .\nThe statutory declaration must—\nbe made by the information holder; and\ncontain information giving the local government tollway operator all the help the information holder can reasonably give for establishing the driver’s name and address.\nThe information holder must comply with the notice given under subsection (2) unless the information holder has a reasonable excuse.\nMaximum penalty for subsection (4) —15 penalty units.\ns 105ZJ ins 2005 No. 67 s 32\n(sec.105ZJ-ssec.1) The local government tollway operator may give a notice under this section only if the local government tollway operator— has not received the deferred toll amount; and considers, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the local government tollway operator establish the name and address of the driver.\n(sec.105ZJ-ssec.2) The local government tollway operator may give the information holder a written notice requiring the information holder, within the prescribed time for the notice, to give the local government tollway operator a statutory declaration complying with subsection (3) .\n(sec.105ZJ-ssec.3) The statutory declaration must— be made by the information holder; and contain information giving the local government tollway operator all the help the information holder can reasonably give for establishing the driver’s name and address.\n(sec.105ZJ-ssec.4) The information holder must comply with the notice given under subsection (2) unless the information holder has a reasonable excuse. Maximum penalty for subsection (4) —15 penalty units.\n- (a) has not received the deferred toll amount; and\n- (b) considers, on reasonable grounds, that a person (the information holder ) other than the vehicle’s registered operator has information that could help the local government tollway operator establish the name and address of the driver.\n- (a) be made by the information holder; and\n- (b) contain information giving the local government tollway operator all the help the information holder can reasonably give for establishing the driver’s name and address.","sortOrder":188},{"sectionNumber":"sec.105ZK","sectionType":"section","heading":"Notice to person identified as driver","content":"### sec.105ZK Notice to person identified as driver\n\nThe local government tollway operator may give a notice in the approved form to a person under this section if the local government tollway operator—\nhas not received the deferred toll amount; and\nconsiders, on reasonable grounds, it has correctly identified the person as the driver.\nThe notice must specify each of the 1 or more deferred toll amounts for which it is given.\nThe notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice—\npay the deferred toll amount to the local government tollway operator;\ngive the local government tollway operator, in the way mentioned in subsection (3A) , information that—\nestablishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\ngives the local government tollway operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\nFor subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility.\nThe notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) .\nThe notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\nIf the notice is given in contravention of subsection (5) , it is of no effect.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—15 penalty units.\nPayment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\nSection 101A provides for giving a single notice under section 101 and this section.\ns 105ZK ins 2005 No. 67 s 32\nsub 2018 No. 3 s 41\namd 2024 No. 2 s 26\n(sec.105ZK-ssec.1) The local government tollway operator may give a notice in the approved form to a person under this section if the local government tollway operator— has not received the deferred toll amount; and considers, on reasonable grounds, it has correctly identified the person as the driver.\n(sec.105ZK-ssec.2) The notice must specify each of the 1 or more deferred toll amounts for which it is given.\n(sec.105ZK-ssec.3) The notice must require the person to do either of the following, within the prescribed time, for each deferred toll amount listed in the notice— pay the deferred toll amount to the local government tollway operator; give the local government tollway operator, in the way mentioned in subsection (3A) , information that— establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and gives the local government tollway operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n(sec.105ZK-ssec.3A) For subsection (3) (b) , the person must give the information by statutory declaration or by using the online nomination facility.\n(sec.105ZK-ssec.4) The notice may also require the person to pay an administration charge stated in the notice if there are any deferred toll amounts listed in the notice for which the person does not give the information mentioned in subsection (3) (b) .\n(sec.105ZK-ssec.5) The notice must not require the person to pay more than 1 administration charge, even if the notice is given for 2 or more deferred toll amounts.\n(sec.105ZK-ssec.6) If the notice is given in contravention of subsection (5) , it is of no effect.\n(sec.105ZK-ssec.7) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—15 penalty units.\n(sec.105ZK-ssec.8) Payment of an administration charge required by the notice also satisfies the liability for the administration charge that arose under section 105ZG (1) (b) in relation to each toll included in a deferred toll amount listed in the notice.\n(sec.105ZK-ssec.9) Section 101A provides for giving a single notice under section 101 and this section.\n- (a) has not received the deferred toll amount; and\n- (b) considers, on reasonable grounds, it has correctly identified the person as the driver.\n- (a) pay the deferred toll amount to the local government tollway operator;\n- (b) give the local government tollway operator, in the way mentioned in subsection (3A) , information that— (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and (ii) gives the local government tollway operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the local government tollway operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.\n- (i) establishes, to the extent it is reasonably practicable for the person to do so, that the person was not the driver when liability for the toll included in the deferred toll amount was incurred; and\n- (ii) gives the local government tollway operator all the help the person can reasonably give for establishing the name and address of the person who was the driver when liability for the toll included in the deferred toll amount was incurred.","sortOrder":189},{"sectionNumber":"sec.105ZL","sectionType":"section","heading":"Statutory declarations for sdiv 3","content":"### sec.105ZL Statutory declarations for sdiv 3\n\nA statutory declaration given by a person under subdivision 3 may, if appropriate, be supported by statutory declarations from other persons.\nIf a person required to give a statutory declaration under subdivision 3 is a corporation, the statutory declaration must be given by a person authorised to act for the corporation.\ns 105ZL ins 2005 No. 67 s 32\n(sec.105ZL-ssec.1) A statutory declaration given by a person under subdivision 3 may, if appropriate, be supported by statutory declarations from other persons.\n(sec.105ZL-ssec.2) If a person required to give a statutory declaration under subdivision 3 is a corporation, the statutory declaration must be given by a person authorised to act for the corporation.","sortOrder":190},{"sectionNumber":"sec.105ZM","sectionType":"section","heading":"Limit on offences","content":"### sec.105ZM Limit on offences\n\nIf this division applies more than once because of a failure to pay a toll at each of 2 or more toll plazas on the 1 local government tollway in a single journey, a person liable for an offence under this division arising out of the journey may not be punished for more than 1 offence.\ns 105ZM ins 2005 No. 67 s 32","sortOrder":191},{"sectionNumber":"sec.105ZN","sectionType":"section","heading":"Confidentiality","content":"### sec.105ZN Confidentiality\n\nA person must not, intentionally or recklessly, disclose, allow access to, record or use personal information.\nMaximum penalty—200 penalty units.\nHowever, a person may disclose, allow access to, record or use personal information—\nin the discharge of a function related to the administration of this division; or\nif authorised, expressly or impliedly—\nunder another provision of this Act, or under another Act; or\nby the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\nfor a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or\nif the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or\nif the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\nIn this section—\nadministration of this division includes the operation of a local government tollway under this division.\npersonal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that—\nhas been gained or otherwise brought into existence—\nthrough involvement in the administration of this division; or\nbecause of an opportunity provided by involvement in the administration of this division; and\nis about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\ns 105ZN ins 2005 No. 67 s 32\n(sec.105ZN-ssec.1) A person must not, intentionally or recklessly, disclose, allow access to, record or use personal information. Maximum penalty—200 penalty units.\n(sec.105ZN-ssec.2) However, a person may disclose, allow access to, record or use personal information— in the discharge of a function related to the administration of this division; or if authorised, expressly or impliedly— under another provision of this Act, or under another Act; or by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\n(sec.105ZN-ssec.3) In this section— administration of this division includes the operation of a local government tollway under this division. personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, that— has been gained or otherwise brought into existence— through involvement in the administration of this division; or because of an opportunity provided by involvement in the administration of this division; and is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\n- (a) in the discharge of a function related to the administration of this division; or\n- (b) if authorised, expressly or impliedly— (i) under another provision of this Act, or under another Act; or (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (i) under another provision of this Act, or under another Act; or\n- (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (c) for a proceeding in a court or tribunal, if the personal information is admissible as evidence in the proceeding; or\n- (d) if the purpose for which the action is taken is directly related to the purpose for which the personal information was obtained; or\n- (e) if the person believes on reasonable grounds that the action is necessary to prevent or lessen a serious and imminent threat to the life or health of an individual.\n- (i) under another provision of this Act, or under another Act; or\n- (ii) by the individual whose identity is apparent, or can reasonably be ascertained, from the personal information; or\n- (a) has been gained or otherwise brought into existence— (i) through involvement in the administration of this division; or (ii) because of an opportunity provided by involvement in the administration of this division; and\n- (i) through involvement in the administration of this division; or\n- (ii) because of an opportunity provided by involvement in the administration of this division; and\n- (b) is about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\n- (i) through involvement in the administration of this division; or\n- (ii) because of an opportunity provided by involvement in the administration of this division; and","sortOrder":192},{"sectionNumber":"sec.105ZO","sectionType":"section","heading":"Evidence and procedure","content":"### sec.105ZO Evidence and procedure\n\nFor this division—\nit is not necessary to prove the appointment of an official of a local government or a local government tollway operator; and\na signature purporting to be the signature of an official of a local government or a local government tollway operator is evidence of the signature it purports to be; and\na certificate stating any of the following matters is evidence of the matter—\na stated place was or was not a local government tollway or part of a local government tollway;\na stated place was or was not a toll plaza or part of a toll plaza for a local government tollway;\na stated person was or was not recorded as the registered operator of a stated vehicle;\na stated vehicle was or was not a designated vehicle of a stated type;\na stated vehicle passed through a toll plaza for a local government tollway at a stated time;\na toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place;\na stated person was or was not a local government tollway operator;\na notice under section 105ZH was given to the registered operator of a stated vehicle;\na notice under section 105ZJ was given to the information holder;\na notice under section 105ZK was given to the person identified as the driver;\nthe toll payable for a designated vehicle’s use of a local government tollway has not been paid;\nan administration charge payable under a notice given under section 105ZH or 105ZK has not been paid;\na user administration charge for a toll has not been paid;\ninformation under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\na statutory declaration under section 105ZJ (3) or 105ZL was or was not received;\na recording is a recording of a type mentioned in subsection (3) made at a stated time and place.\nA certificate—\nmay relate to a stated time or period of time; and\nif it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\nA recording by a photographic, mechanical, electronic or other device for the purpose of administering this division, including for the operation of a local government tollway under this division, is evidence of—\nthe making of the recording; and\nthe accuracy of the recording; and\nthe matters stated in the recording.\nEvidence that a written notice given under section 105ZH (1) was in the approved form is not required unless there is evidence to the contrary.\nIn this section—\ncertificate means a certificate purporting to be signed by an official.\nofficial , of a local government or a local government tollway operator, means—\nthe chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or\nthe chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway operator or another person acting under the authority of the chief executive officer.\ns 105ZO ins 2005 No. 67 s 32\namd 2018 No. 3 s 42 ; 2019 No. 25 s 14 ; 2024 No. 2 s 27\n(sec.105ZO-ssec.1) For this division— it is not necessary to prove the appointment of an official of a local government or a local government tollway operator; and a signature purporting to be the signature of an official of a local government or a local government tollway operator is evidence of the signature it purports to be; and a certificate stating any of the following matters is evidence of the matter— a stated place was or was not a local government tollway or part of a local government tollway; a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; a stated person was or was not recorded as the registered operator of a stated vehicle; a stated vehicle was or was not a designated vehicle of a stated type; a stated vehicle passed through a toll plaza for a local government tollway at a stated time; a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; a stated person was or was not a local government tollway operator; a notice under section 105ZH was given to the registered operator of a stated vehicle; a notice under section 105ZJ was given to the information holder; a notice under section 105ZK was given to the person identified as the driver; the toll payable for a designated vehicle’s use of a local government tollway has not been paid; an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; a user administration charge for a toll has not been paid; information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; a statutory declaration under section 105ZJ (3) or 105ZL was or was not received; a recording is a recording of a type mentioned in subsection (3) made at a stated time and place.\n(sec.105ZO-ssec.2) A certificate— may relate to a stated time or period of time; and if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\n(sec.105ZO-ssec.3) A recording by a photographic, mechanical, electronic or other device for the purpose of administering this division, including for the operation of a local government tollway under this division, is evidence of— the making of the recording; and the accuracy of the recording; and the matters stated in the recording.\n(sec.105ZO-ssec.4) Evidence that a written notice given under section 105ZH (1) was in the approved form is not required unless there is evidence to the contrary.\n(sec.105ZO-ssec.5) In this section— certificate means a certificate purporting to be signed by an official. official , of a local government or a local government tollway operator, means— the chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or the chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway operator or another person acting under the authority of the chief executive officer.\n- (a) it is not necessary to prove the appointment of an official of a local government or a local government tollway operator; and\n- (b) a signature purporting to be the signature of an official of a local government or a local government tollway operator is evidence of the signature it purports to be; and\n- (c) a certificate stating any of the following matters is evidence of the matter— (i) a stated place was or was not a local government tollway or part of a local government tollway; (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway; (iii) a stated person was or was not recorded as the registered operator of a stated vehicle; (iv) a stated vehicle was or was not a designated vehicle of a stated type; (v) a stated vehicle passed through a toll plaza for a local government tollway at a stated time; (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place; (vii) a stated person was or was not a local government tollway operator; (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle; (ix) a notice under section 105ZJ was given to the information holder; (x) a notice under section 105ZK was given to the person identified as the driver; (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid; (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid; (xiii) a user administration charge for a toll has not been paid; (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility; (xv) a statutory declaration under section 105ZJ (3) or 105ZL was or was not received; (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place.\n- (i) a stated place was or was not a local government tollway or part of a local government tollway;\n- (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway;\n- (iii) a stated person was or was not recorded as the registered operator of a stated vehicle;\n- (iv) a stated vehicle was or was not a designated vehicle of a stated type;\n- (v) a stated vehicle passed through a toll plaza for a local government tollway at a stated time;\n- (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place;\n- (vii) a stated person was or was not a local government tollway operator;\n- (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle;\n- (ix) a notice under section 105ZJ was given to the information holder;\n- (x) a notice under section 105ZK was given to the person identified as the driver;\n- (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid;\n- (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid;\n- (xiii) a user administration charge for a toll has not been paid;\n- (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\n- (xv) a statutory declaration under section 105ZJ (3) or 105ZL was or was not received;\n- (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place.\n- (i) a stated place was or was not a local government tollway or part of a local government tollway;\n- (ii) a stated place was or was not a toll plaza or part of a toll plaza for a local government tollway;\n- (iii) a stated person was or was not recorded as the registered operator of a stated vehicle;\n- (iv) a stated vehicle was or was not a designated vehicle of a stated type;\n- (v) a stated vehicle passed through a toll plaza for a local government tollway at a stated time;\n- (vi) a toll plaza or part of the toll plaza for a local government tollway was or was not designated by a stated sign at a stated time and place;\n- (vii) a stated person was or was not a local government tollway operator;\n- (viii) a notice under section 105ZH was given to the registered operator of a stated vehicle;\n- (ix) a notice under section 105ZJ was given to the information holder;\n- (x) a notice under section 105ZK was given to the person identified as the driver;\n- (xi) the toll payable for a designated vehicle’s use of a local government tollway has not been paid;\n- (xii) an administration charge payable under a notice given under section 105ZH or 105ZK has not been paid;\n- (xiii) a user administration charge for a toll has not been paid;\n- (xiv) information under section 105ZH (3) (b) or 105ZK (3) (b) was or was not received by a statutory declaration or use of the online nomination facility;\n- (xv) a statutory declaration under section 105ZJ (3) or 105ZL was or was not received;\n- (xvi) a recording is a recording of a type mentioned in subsection (3) made at a stated time and place.\n- (a) may relate to a stated time or period of time; and\n- (b) if it is issued for a particular period, has the effect mentioned in subsection (1) (c) for the entire period.\n- (a) the making of the recording; and\n- (b) the accuracy of the recording; and\n- (c) the matters stated in the recording.\n- (a) the chief executive officer of the local government, or an officer or employee of the local government acting under the authority of the chief executive officer; or\n- (b) the chief executive officer, however named, of a local government tollway operator, or an employee of either the local government tollway operator or another person acting under the authority of the chief executive officer.","sortOrder":193},{"sectionNumber":"ch.6-pt.8-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":194},{"sectionNumber":"sec.105ZOA","sectionType":"section","heading":"Local government to keep Minister informed","content":"### sec.105ZOA Local government to keep Minister informed\n\nA local government that has an approved tollway project or local government tollway must, by written notice given to the Minister, inform the Minister about any material change relating to the approved tollway project or local government tollway as soon as practicable after the local government becomes aware of the material change.\nWithout limiting subsection (1) , a material change to an approved tollway project or local government tollway includes a change that may—\nadversely affect the local government’s financial position in a material way; or\nadversely affect the State’s financial position in a material way; or\nadversely impact on the operation or management of a State-controlled road, a franchised road or public transport in a material way; or\naffect the proposed methodology or strategy for charging tolls for use of the local government tollway; or\nchange the performance specifications for the approved tollway project or local government tollway, including, for example, the project alignment or design or the land required for the approved tollway project or local government tollway.\ns 105ZOA ins 2006 No. 21 s 128\n(sec.105ZOA-ssec.1) A local government that has an approved tollway project or local government tollway must, by written notice given to the Minister, inform the Minister about any material change relating to the approved tollway project or local government tollway as soon as practicable after the local government becomes aware of the material change.\n(sec.105ZOA-ssec.2) Without limiting subsection (1) , a material change to an approved tollway project or local government tollway includes a change that may— adversely affect the local government’s financial position in a material way; or adversely affect the State’s financial position in a material way; or adversely impact on the operation or management of a State-controlled road, a franchised road or public transport in a material way; or affect the proposed methodology or strategy for charging tolls for use of the local government tollway; or change the performance specifications for the approved tollway project or local government tollway, including, for example, the project alignment or design or the land required for the approved tollway project or local government tollway.\n- (a) adversely affect the local government’s financial position in a material way; or\n- (b) adversely affect the State’s financial position in a material way; or\n- (c) adversely impact on the operation or management of a State-controlled road, a franchised road or public transport in a material way; or\n- (d) affect the proposed methodology or strategy for charging tolls for use of the local government tollway; or\n- (e) change the performance specifications for the approved tollway project or local government tollway, including, for example, the project alignment or design or the land required for the approved tollway project or local government tollway.","sortOrder":195},{"sectionNumber":"sec.105ZOB","sectionType":"section","heading":"State not liable for loss relating to local government tollway etc.","content":"### sec.105ZOB State not liable for loss relating to local government tollway etc.\n\nThe State is not liable for any loss suffered by a local government or another person arising out of any matter relating to an approved tollway project or local government tollway.\nWithout limiting subsection (1) , the State is not liable for any loss suffered by a local government or another person arising out of the following—\nthe approval of a tollway project, including any conditions to which the approval is subject, or any amendment or revocation of the approval;\nthe declaration of a local government tollway;\nthe construction, maintenance or operation of a local government tollway;\nthe declaration of land to be local government tollway corridor land;\nany condition imposed on a declaration or any amendment of a condition;\na decision by the Minister to issue a compliance notice, suspension notice, revocation notice, final notice, schedule 5 step-in notice or schedule 5A step-in notice;\nanything done under a schedule 5 step-in notice or schedule 5A step-in notice.\ns 105ZOB ins 2006 No. 21 s 128\n(sec.105ZOB-ssec.1) The State is not liable for any loss suffered by a local government or another person arising out of any matter relating to an approved tollway project or local government tollway.\n(sec.105ZOB-ssec.2) Without limiting subsection (1) , the State is not liable for any loss suffered by a local government or another person arising out of the following— the approval of a tollway project, including any conditions to which the approval is subject, or any amendment or revocation of the approval; the declaration of a local government tollway; the construction, maintenance or operation of a local government tollway; the declaration of land to be local government tollway corridor land; any condition imposed on a declaration or any amendment of a condition; a decision by the Minister to issue a compliance notice, suspension notice, revocation notice, final notice, schedule 5 step-in notice or schedule 5A step-in notice; anything done under a schedule 5 step-in notice or schedule 5A step-in notice.\n- (a) the approval of a tollway project, including any conditions to which the approval is subject, or any amendment or revocation of the approval;\n- (b) the declaration of a local government tollway;\n- (c) the construction, maintenance or operation of a local government tollway;\n- (d) the declaration of land to be local government tollway corridor land;\n- (e) any condition imposed on a declaration or any amendment of a condition;\n- (f) a decision by the Minister to issue a compliance notice, suspension notice, revocation notice, final notice, schedule 5 step-in notice or schedule 5A step-in notice;\n- (g) anything done under a schedule 5 step-in notice or schedule 5A step-in notice.","sortOrder":196},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Public thoroughfare easements","content":"# Public thoroughfare easements","sortOrder":197},{"sectionNumber":"sec.105ZP","sectionType":"section","heading":"Public thoroughfare easements","content":"### sec.105ZP Public thoroughfare easements\n\nThis section applies if a public thoroughfare easement is created over relevant land.\nThe State has control of the easement land, subject to the provisions of the instrument creating the easement.\nControl of the easement land includes capacity to take all necessary steps for—\nconstruction, maintenance and improvement of the easement land; and\nregulation of the use of the easement land.\nDespite subsections (2) and (3) —\nthe State has responsibility for the maintenance of the easement land; and\nfor deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road.\nThe owner of the relevant land, as the grantor of the easement, or as a successor in title of the grantor of the easement—\nis not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and\nis not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land.\nIn this section—\neasement land means any part of the relevant land that is affected by the public thoroughfare easement.\nowner , of the relevant land, means—\nif the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or\nif the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or\nif the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot.\nrelevant entity means any of following—\nthe owner of the relevant land;\nthe State;\nany member of the public.\nrelevant land means—\nland granted in trust, or non-freehold land, under the Land Act 1994 ; or\na lot under the Land Title Act 1994 .\ns 105ZP ins 2005 No. 68 s 128\n(sec.105ZP-ssec.1) This section applies if a public thoroughfare easement is created over relevant land.\n(sec.105ZP-ssec.2) The State has control of the easement land, subject to the provisions of the instrument creating the easement.\n(sec.105ZP-ssec.3) Control of the easement land includes capacity to take all necessary steps for— construction, maintenance and improvement of the easement land; and regulation of the use of the easement land.\n(sec.105ZP-ssec.4) Despite subsections (2) and (3) — the State has responsibility for the maintenance of the easement land; and for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road.\n(sec.105ZP-ssec.5) The owner of the relevant land, as the grantor of the easement, or as a successor in title of the grantor of the easement— is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land.\n(sec.105ZP-ssec.6) In this section— easement land means any part of the relevant land that is affected by the public thoroughfare easement. owner , of the relevant land, means— if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot. relevant entity means any of following— the owner of the relevant land; the State; any member of the public. relevant land means— land granted in trust, or non-freehold land, under the Land Act 1994 ; or a lot under the Land Title Act 1994 .\n- (a) construction, maintenance and improvement of the easement land; and\n- (b) regulation of the use of the easement land.\n- (a) the State has responsibility for the maintenance of the easement land; and\n- (b) for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a State-controlled road.\n- (a) is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and\n- (b) is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land.\n- (a) if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or\n- (b) if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or\n- (c) if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot.\n- (a) the owner of the relevant land;\n- (b) the State;\n- (c) any member of the public.\n- (a) land granted in trust, or non-freehold land, under the Land Act 1994 ; or\n- (b) a lot under the Land Title Act 1994 .","sortOrder":198},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"General provision for particular applications","content":"# General provision for particular applications","sortOrder":199},{"sectionNumber":"sec.105ZQ","sectionType":"section","heading":"Applications for particular decisions","content":"### sec.105ZQ Applications for particular decisions\n\nThis section applies to—\nan application for an approval mentioned in section 33 (1) or 50 (2) (a) ; or\nan application for a decision under section 62 (1) .\nThe application must be made in the approved form and in the way stated on the approved form.\nby post or fax or electronically using an online system provided for the purpose and accessible on, or through, the department’s website\nSubsection (2) does not apply to an application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) .\ns 105ZQ ins 2019 No. 25 s 70\n(sec.105ZQ-ssec.1) This section applies to— an application for an approval mentioned in section 33 (1) or 50 (2) (a) ; or an application for a decision under section 62 (1) .\n(sec.105ZQ-ssec.2) The application must be made in the approved form and in the way stated on the approved form. by post or fax or electronically using an online system provided for the purpose and accessible on, or through, the department’s website\n(sec.105ZQ-ssec.3) Subsection (2) does not apply to an application that, under section 62A (2) , is taken to also be an application for a decision under section 62 (1) .\n- (a) an application for an approval mentioned in section 33 (1) or 50 (2) (a) ; or\n- (b) an application for a decision under section 62 (1) .","sortOrder":200},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":201},{"sectionNumber":"sec.106","sectionType":"section","heading":"Ways of achieving objectives","content":"### sec.106 Ways of achieving objectives\n\nThe objectives of this Act for rail are intended to be achieved by—\nproviding for the development and implementation of rail transport infrastructure strategies; and\nproviding a framework to—\nallow railway managers to manage rail transport infrastructure in an effective and efficient way; and\nallow railway operators to operate rolling stock in an effective and efficient way; and\nallow rail transport infrastructure to be constructed and maintained in an effective and efficient way; and\notherwise allow rail transport infrastructure to be managed and operated in an effective and efficient way; and\nproviding for the safety of railways and persons at, on or near railways by imposing requirements directed at ensuring the safety.\ns 106 prev s 106 ins 1995 No. 32 s 11\nom 2000 No. 6 s 23\npres s 106 ins 1995 No. 32 s 11\namd 2003 No. 54 s 6 ; 2010 No. 6 s 332 ; 2011 No. 12 s 36\n- (a) providing for the development and implementation of rail transport infrastructure strategies; and\n- (b) providing a framework to— (i) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and (ii) allow railway operators to operate rolling stock in an effective and efficient way; and (iii) allow rail transport infrastructure to be constructed and maintained in an effective and efficient way; and (iv) otherwise allow rail transport infrastructure to be managed and operated in an effective and efficient way; and\n- (i) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and\n- (ii) allow railway operators to operate rolling stock in an effective and efficient way; and\n- (iii) allow rail transport infrastructure to be constructed and maintained in an effective and efficient way; and\n- (iv) otherwise allow rail transport infrastructure to be managed and operated in an effective and efficient way; and\n- (c) providing for the safety of railways and persons at, on or near railways by imposing requirements directed at ensuring the safety.\n- (i) allow railway managers to manage rail transport infrastructure in an effective and efficient way; and\n- (ii) allow railway operators to operate rolling stock in an effective and efficient way; and\n- (iii) allow rail transport infrastructure to be constructed and maintained in an effective and efficient way; and\n- (iv) otherwise allow rail transport infrastructure to be managed and operated in an effective and efficient way; and","sortOrder":202},{"sectionNumber":"sec.107","sectionType":"section","heading":"Scope of chapter","content":"### sec.107 Scope of chapter\n\nThis chapter applies to rail transport infrastructure and other rail infrastructure.\nThis chapter does not apply to—\na cable car; or\na monorail; or\nan amusement railway; or\na railway that—\nis part of, and used solely for, a mining operation; and\nis not connected to a railway used to transport passengers or freight; or\na cane railway; or\nlight rail or light rail transport infrastructure; or\nanother railway prescribed under a regulation.\nIn this section—\namusement railway means—\na railway that—\nis operated solely within an amusement or theme park; and\nis an amusement device required to be registered under a regulation under the Work Health and Safety Act 2011 ; and\ndoes not operate on or across a road; or\na railway that operates on a track with a gauge of less than 600mm on a place other than a road.\ns 107 prev s 107 ins 1995 No. 32 s 11\nom 2000 No 6 s 23\npres s 107 ins 1995 No. 32 s 11\namd 1997 No. 66 s 38 ; 2000 No. 6 s 20 ; 2000 No. 40 s 6 ; 2003 No. 54 s 7 ; 2010 No. 6 s 333 ; 2011 No. 18 s 404 sch 4 pt 1\n(sec.107-ssec.1) This chapter applies to rail transport infrastructure and other rail infrastructure.\n(sec.107-ssec.2) This chapter does not apply to— a cable car; or a monorail; or an amusement railway; or a railway that— is part of, and used solely for, a mining operation; and is not connected to a railway used to transport passengers or freight; or a cane railway; or light rail or light rail transport infrastructure; or another railway prescribed under a regulation.\n(sec.107-ssec.3) In this section— amusement railway means— a railway that— is operated solely within an amusement or theme park; and is an amusement device required to be registered under a regulation under the Work Health and Safety Act 2011 ; and does not operate on or across a road; or a railway that operates on a track with a gauge of less than 600mm on a place other than a road.\n- (a) a cable car; or\n- (b) a monorail; or\n- (c) an amusement railway; or\n- (d) a railway that— (i) is part of, and used solely for, a mining operation; and (ii) is not connected to a railway used to transport passengers or freight; or\n- (i) is part of, and used solely for, a mining operation; and\n- (ii) is not connected to a railway used to transport passengers or freight; or\n- (e) a cane railway; or\n- (f) light rail or light rail transport infrastructure; or\n- (g) another railway prescribed under a regulation.\n- (i) is part of, and used solely for, a mining operation; and\n- (ii) is not connected to a railway used to transport passengers or freight; or\n- (a) a railway that— (i) is operated solely within an amusement or theme park; and (ii) is an amusement device required to be registered under a regulation under the Work Health and Safety Act 2011 ; and (iii) does not operate on or across a road; or\n- (i) is operated solely within an amusement or theme park; and\n- (ii) is an amusement device required to be registered under a regulation under the Work Health and Safety Act 2011 ; and\n- (iii) does not operate on or across a road; or\n- (b) a railway that operates on a track with a gauge of less than 600mm on a place other than a road.\n- (i) is operated solely within an amusement or theme park; and\n- (ii) is an amusement device required to be registered under a regulation under the Work Health and Safety Act 2011 ; and\n- (iii) does not operate on or across a road; or","sortOrder":203},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Investigating potential rail corridor","content":"# Investigating potential rail corridor","sortOrder":204},{"sectionNumber":"sec.108","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.108 Purpose of pt 2\n\nThe purpose of this part is—\nto facilitate the development of rail transport infrastructure by giving a person who is genuinely considering constructing a railway or the chief executive authorisation to enter land to enable the land’s potential and suitability as a rail corridor to be investigated; and\nto safeguard the interests of owners and occupiers of land affected by the entry.\ns 108 prev s 108 ins 1995 No. 32 s 11\nom 2000 No. 6 s 23\npres s 108 ins 1998 No. 43 s 9\namd 2011 No. 12 s 37 ; 2014 No. 43 s 117 sch 1\n- (a) to facilitate the development of rail transport infrastructure by giving a person who is genuinely considering constructing a railway or the chief executive authorisation to enter land to enable the land’s potential and suitability as a rail corridor to be investigated; and\n- (b) to safeguard the interests of owners and occupiers of land affected by the entry.","sortOrder":205},{"sectionNumber":"sec.109","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.109 Definitions for pt 2\n\nIn this part—\nassociated person , of an investigator, means any of the following—\nif the investigator is a corporation—the corporation’s chief executive, secretary or directors;\nthe investigator’s employees or partners who are individuals;\na person who is an agent of, or contractor for, the investigator, and engaged in writing for the purposes of the investigator’s authority;\nemployees of an agent or contractor mentioned in paragraph (c) ;\nif a person mentioned in paragraph (c) is a corporation—the corporation’s chief executive, secretary, directors or employees.\nauthority means—\nif the chief executive is the relevant person—the authority to enter land under section 109A ; or\nif an investigator is the relevant person—a rail feasibility investigator’s authority.\ns 109 def authority sub 2011 No. 12 s 38\ninvestigator means a person who holds an authority.\nrelevant person means the chief executive or an investigator.\ns 109 def relevant person ins 2011 No. 12 s 38 (2)\ns 109 prev s 109 ins 1994 No. 32 s 10\nexp 1 July 1994 (see prev s 109(2))\nAIA s 20A applies (see prev s 240(1))\npres s 109 ins 1998 No. 43 s 9\n- (a) if the investigator is a corporation—the corporation’s chief executive, secretary or directors;\n- (b) the investigator’s employees or partners who are individuals;\n- (c) a person who is an agent of, or contractor for, the investigator, and engaged in writing for the purposes of the investigator’s authority;\n- (d) employees of an agent or contractor mentioned in paragraph (c) ;\n- (e) if a person mentioned in paragraph (c) is a corporation—the corporation’s chief executive, secretary, directors or employees.\n- (a) if the chief executive is the relevant person—the authority to enter land under section 109A ; or\n- (b) if an investigator is the relevant person—a rail feasibility investigator’s authority.","sortOrder":206},{"sectionNumber":"sec.109A","sectionType":"section","heading":"Chief executive may enter land to investigate potential rail corridor","content":"### sec.109A Chief executive may enter land to investigate potential rail corridor\n\nThe chief executive, or someone authorised in writing by the chief executive, may—\nenter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and\nto the extent reasonably necessary or convenient for that purpose—\ndo anything on the land; or\nbring anything onto the land; or\ntemporarily leave machinery, equipment or other items on the land.\nconduct surveys and take soil samples\nclear vegetation, or otherwise disturb the land, to the extent reasonably necessary\nconstruct temporary access tracks using the land or using materials brought onto the land\nBefore land is entered for the first time under subsection (1) , the chief executive must give a written notice to the owner or occupier of the land.\nThe notice must state—\nthe chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and\na general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and\nthe approximate period during which the land is to be entered under subsection (1) ; and\nthe entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\nThe chief executive may enter the land only if—\nthe owner or occupier of the land gives written consent to the entry; or\nat least 7 days have passed since the notice was given.\nIn this section—\nland does not include a part of a place where a person resides.\ns 109A prev s 109A ins 1994 No. 43 s 143 sch 3 (retro)\nexp 1 October 1994 (see s 109A(2))\nAIA s 20A applies (see s 109A(3))\npres s 109A ins 2011 No. 12 s 39\n(sec.109A-ssec.1) The chief executive, or someone authorised in writing by the chief executive, may— enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— do anything on the land; or bring anything onto the land; or temporarily leave machinery, equipment or other items on the land. conduct surveys and take soil samples clear vegetation, or otherwise disturb the land, to the extent reasonably necessary construct temporary access tracks using the land or using materials brought onto the land\n(sec.109A-ssec.2) Before land is entered for the first time under subsection (1) , the chief executive must give a written notice to the owner or occupier of the land.\n(sec.109A-ssec.3) The notice must state— the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and the approximate period during which the land is to be entered under subsection (1) ; and the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\n(sec.109A-ssec.4) The chief executive may enter the land only if— the owner or occupier of the land gives written consent to the entry; or at least 7 days have passed since the notice was given.\n(sec.109A-ssec.5) In this section— land does not include a part of a place where a person resides.\n- (a) enter and re-enter any land for the purpose of investigating the land’s potential and suitability as a rail corridor; and\n- (b) to the extent reasonably necessary or convenient for that purpose— (i) do anything on the land; or (ii) bring anything onto the land; or (iii) temporarily leave machinery, equipment or other items on the land. Examples of things the chief executive may do on the land— • conduct surveys and take soil samples • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary • construct temporary access tracks using the land or using materials brought onto the land\n- (i) do anything on the land; or\n- (ii) bring anything onto the land; or\n- (iii) temporarily leave machinery, equipment or other items on the land.\n- • conduct surveys and take soil samples\n- • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary\n- • construct temporary access tracks using the land or using materials brought onto the land\n- (i) do anything on the land; or\n- (ii) bring anything onto the land; or\n- (iii) temporarily leave machinery, equipment or other items on the land.\n- • conduct surveys and take soil samples\n- • clear vegetation, or otherwise disturb the land, to the extent reasonably necessary\n- • construct temporary access tracks using the land or using materials brought onto the land\n- (a) the chief executive, or someone authorised in writing by the chief executive, intends to investigate the land; and\n- (b) a general outline of the things intended to be done on the land, including, for example, the construction of any temporary access track; and\n- (c) the approximate period during which the land is to be entered under subsection (1) ; and\n- (d) the entry is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\n- (a) the owner or occupier of the land gives written consent to the entry; or\n- (b) at least 7 days have passed since the notice was given.","sortOrder":207},{"sectionNumber":"sec.109B","sectionType":"section","heading":null,"content":"### Section sec.109B\n\ns 109B ins 1994 No. 43 s 143 sch 3 (retro)\nexp 1 October 1994 (see s 109B(2))\nAIA s 20A applies (see s 109B(3))","sortOrder":208},{"sectionNumber":"sec.110","sectionType":"section","heading":"How to apply for a rail feasibility investigator’s authority","content":"### sec.110 How to apply for a rail feasibility investigator’s authority\n\nA person may apply to the chief executive for a rail feasibility investigator’s authority for an area of land.\nThe application must be in writing and state the following information—\nthe area of land;\nthe purpose for which the authority is sought;\ndetails of the nature of the activities proposed to be conducted in the area;\nthe period for which the authority is sought.\nThe reasonable costs and expenses incurred by the chief executive in acting under sections 111 and 112 relation to the application are a debt payable by the applicant to the State.\ns 110 prev s 110 ins 1994 No. 32 s 10\nexp 1 July 1994 (see prev s 110(2))\nAIA s 20A applies (see prev s 240(1))\npres s 110 ins 1998 No. 43 s 9\namd 2014 No. 43 s 31\n(sec.110-ssec.1) A person may apply to the chief executive for a rail feasibility investigator’s authority for an area of land.\n(sec.110-ssec.2) The application must be in writing and state the following information— the area of land; the purpose for which the authority is sought; details of the nature of the activities proposed to be conducted in the area; the period for which the authority is sought.\n(sec.110-ssec.3) The reasonable costs and expenses incurred by the chief executive in acting under sections 111 and 112 relation to the application are a debt payable by the applicant to the State.\n- (a) the area of land;\n- (b) the purpose for which the authority is sought;\n- (c) details of the nature of the activities proposed to be conducted in the area;\n- (d) the period for which the authority is sought.","sortOrder":209},{"sectionNumber":"sec.111","sectionType":"section","heading":"Additional information for application","content":"### sec.111 Additional information for application\n\nThe chief executive may—\nmake inquiries to decide the application; and\nrequire the applicant to give the chief executive additional information to decide the application.\nThe chief executive may reject the application if the applicant fails, without reasonable excuse, to give the additional information within a stated reasonable time of not less than 28 days.\ns 111 prev s 111 ins 1994 No. 32 s 10\nexp 1 October 1994 (see prev s 111(3))\nAIA s 20A applies (see prev s 240(1))\npres s 111 ins 1998 No. 43 s 9\n(sec.111-ssec.1) The chief executive may— make inquiries to decide the application; and require the applicant to give the chief executive additional information to decide the application.\n(sec.111-ssec.2) The chief executive may reject the application if the applicant fails, without reasonable excuse, to give the additional information within a stated reasonable time of not less than 28 days.\n- (a) make inquiries to decide the application; and\n- (b) require the applicant to give the chief executive additional information to decide the application.","sortOrder":210},{"sectionNumber":"sec.112","sectionType":"section","heading":"Granting authority","content":"### sec.112 Granting authority\n\nThe chief executive may grant or refuse to grant an authority.\nThe chief executive must grant the authority if the chief executive is satisfied the person is genuinely considering constructing a railway and is acting reasonably and in good faith.\nIf the chief executive refuses to grant an authority, the chief executive must give the applicant written reasons for the refusal.\nIn deciding the area for an authority, the chief executive must be satisfied the area is no more extensive than is reasonably necessary.\ns 112 ins 1998 No. 43 s 9\n(sec.112-ssec.1) The chief executive may grant or refuse to grant an authority.\n(sec.112-ssec.2) The chief executive must grant the authority if the chief executive is satisfied the person is genuinely considering constructing a railway and is acting reasonably and in good faith.\n(sec.112-ssec.3) If the chief executive refuses to grant an authority, the chief executive must give the applicant written reasons for the refusal.\n(sec.112-ssec.4) In deciding the area for an authority, the chief executive must be satisfied the area is no more extensive than is reasonably necessary.","sortOrder":211},{"sectionNumber":"sec.113","sectionType":"section","heading":"Rail feasibility investigator’s authority","content":"### sec.113 Rail feasibility investigator’s authority\n\nAn authority must be in writing stating the following—\nthe area to which it applies;\nthe purpose for which it is granted;\nwhen it expires;\nany conditions that may be imposed on the authority.\nlodging a bond with the chief executive or taking out insurance\nAn authority authorises the investigator and associated persons—\nto enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and\nto the extent reasonably necessary or convenient for that purpose—\nto do anything on the land; or\nto bring anything onto the land; or\nto temporarily leave machinery, equipment or other items on the land.\nto conduct surveys and take soil samples\nto clear vegetation, or otherwise disturb the land, to the extent reasonably necessary\nto construct temporary access tracks using the land or using materials brought onto the land\nThe grant of an authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\nAn investigator or associated person must comply with each condition of the investigator’s authority, unless the investigator or associated person has a reasonable excuse.\nMaximum penalty for subsection (4) —200 penalty units.\ns 113 ins 1998 No. 43 s 9\n(sec.113-ssec.1) An authority must be in writing stating the following— the area to which it applies; the purpose for which it is granted; when it expires; any conditions that may be imposed on the authority. lodging a bond with the chief executive or taking out insurance\n(sec.113-ssec.2) An authority authorises the investigator and associated persons— to enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and to the extent reasonably necessary or convenient for that purpose— to do anything on the land; or to bring anything onto the land; or to temporarily leave machinery, equipment or other items on the land. to conduct surveys and take soil samples to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary to construct temporary access tracks using the land or using materials brought onto the land\n(sec.113-ssec.3) The grant of an authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\n(sec.113-ssec.4) An investigator or associated person must comply with each condition of the investigator’s authority, unless the investigator or associated person has a reasonable excuse. Maximum penalty for subsection (4) —200 penalty units.\n- (a) the area to which it applies;\n- (b) the purpose for which it is granted;\n- (c) when it expires;\n- (d) any conditions that may be imposed on the authority. Example of conditions— lodging a bond with the chief executive or taking out insurance\n- (a) to enter and re-enter any land within the area to which it applies for the purpose of investigating the land’s potential and suitability as a rail corridor; and\n- (b) to the extent reasonably necessary or convenient for that purpose— (i) to do anything on the land; or (ii) to bring anything onto the land; or (iii) to temporarily leave machinery, equipment or other items on the land.\n- (i) to do anything on the land; or\n- (ii) to bring anything onto the land; or\n- (iii) to temporarily leave machinery, equipment or other items on the land.\n- (i) to do anything on the land; or\n- (ii) to bring anything onto the land; or\n- (iii) to temporarily leave machinery, equipment or other items on the land.\n- • to conduct surveys and take soil samples\n- • to clear vegetation, or otherwise disturb the land, to the extent reasonably necessary\n- • to construct temporary access tracks using the land or using materials brought onto the land","sortOrder":212},{"sectionNumber":"sec.114","sectionType":"section","heading":"What investigator must do before land is entered for the first time","content":"### sec.114 What investigator must do before land is entered for the first time\n\nBefore land is entered for the first time under an investigator’s authority, the investigator must give a written notice to the land’s owner or occupier.\nThe notice must state—\nthe chief executive has granted to the investigator a rail feasibility investigator’s authority for an area that is part of or includes the land; and\nthe things the investigator and associated persons of the investigator are authorised to do under the authority; and\na general outline of the things intended to be done on the land, including the construction of any temporary access track; and\nthe approximate period during which the land is to be entered under the authority; and\nthe grant of the authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\nThe investigator or associated person may enter onto land only if—\nthe owner or occupier of the land gives written consent to the entry; or\nat least 7 days have passed since the notice was given.\ns 114 ins 1998 No. 43 s 9\n(sec.114-ssec.1) Before land is entered for the first time under an investigator’s authority, the investigator must give a written notice to the land’s owner or occupier.\n(sec.114-ssec.2) The notice must state— the chief executive has granted to the investigator a rail feasibility investigator’s authority for an area that is part of or includes the land; and the things the investigator and associated persons of the investigator are authorised to do under the authority; and a general outline of the things intended to be done on the land, including the construction of any temporary access track; and the approximate period during which the land is to be entered under the authority; and the grant of the authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\n(sec.114-ssec.3) The investigator or associated person may enter onto land only if— the owner or occupier of the land gives written consent to the entry; or at least 7 days have passed since the notice was given.\n- (a) the chief executive has granted to the investigator a rail feasibility investigator’s authority for an area that is part of or includes the land; and\n- (b) the things the investigator and associated persons of the investigator are authorised to do under the authority; and\n- (c) a general outline of the things intended to be done on the land, including the construction of any temporary access track; and\n- (d) the approximate period during which the land is to be entered under the authority; and\n- (e) the grant of the authority is not an indication of a commitment or approval by the State, the chief executive or any other person in relation to any proposal, and in particular, does not commit the State to acquiring any land as a rail corridor.\n- (a) the owner or occupier of the land gives written consent to the entry; or\n- (b) at least 7 days have passed since the notice was given.","sortOrder":213},{"sectionNumber":"sec.115","sectionType":"section","heading":"Relevant person to issue associated person with identification","content":"### sec.115 Relevant person to issue associated person with identification\n\nBefore a relevant person allows an associated person to act under the relevant person’s authority, the relevant person must issue the associated person with identification.\nMaximum penalty—10 penalty units.\nThe identification must—\nstate the names of the relevant person and the person to whom the identification is issued; and\nindicate that, for the purposes of this Act, the person is associated with the holder of a rail feasibility investigator’s authority; and\nstate the capacity in which the associated person is an associated person; and\nbe signed by or for the relevant person; and\nbe signed by the associated person; and\nstate an expiry date.\nA person who stops being an associated person of a relevant person must return the person’s identification issued under subsection (1) to the relevant person as soon as practicable, but within 21 days, after the person stops being an associated person, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nSubsections (5) and (6) apply if a person who claims to be or appears to be the owner or occupier of land within the area for an authority asks an individual who has entered, is entering or is about to enter land under an authority—\nfor identification; or\nabout the person’s authority to enter the land.\nIf the request is made of an investigator, the investigator must immediately state the investigator’s name and show the person a copy of the investigator’s authority.\nMaximum penalty—10 penalty units.\nIf the request is made of an associated person of a relevant person, the associated person must immediately state his or her name and show the other person the identification issued to the associated person under subsection (1) .\nMaximum penalty for subsection (6) —10 penalty units.\nIf the request under subsection (4) is made of the chief executive, the chief executive must immediately state the chief executive’s name and state the chief executive is authorised to investigate the land under section 109A .\nIf the chief executive (the official ), or someone authorised in writing by the chief executive (also the official ), investigates land under section 109A and the owner or occupier of the land is not present, before leaving the land, the official must leave a notice in a conspicuous position and in a reasonably secure way stating the following—\nthe official’s name and business address or telephone number;\nthe action taken by the official under section 109A ;\nwhen the action was taken.\nIn this section—\nassociated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A .\ns 115 ins 1998 No. 43 s 9\namd 2011 No. 12 s 40\n(sec.115-ssec.1) Before a relevant person allows an associated person to act under the relevant person’s authority, the relevant person must issue the associated person with identification. Maximum penalty—10 penalty units.\n(sec.115-ssec.2) The identification must— state the names of the relevant person and the person to whom the identification is issued; and indicate that, for the purposes of this Act, the person is associated with the holder of a rail feasibility investigator’s authority; and state the capacity in which the associated person is an associated person; and be signed by or for the relevant person; and be signed by the associated person; and state an expiry date.\n(sec.115-ssec.3) A person who stops being an associated person of a relevant person must return the person’s identification issued under subsection (1) to the relevant person as soon as practicable, but within 21 days, after the person stops being an associated person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.115-ssec.4) Subsections (5) and (6) apply if a person who claims to be or appears to be the owner or occupier of land within the area for an authority asks an individual who has entered, is entering or is about to enter land under an authority— for identification; or about the person’s authority to enter the land.\n(sec.115-ssec.5) If the request is made of an investigator, the investigator must immediately state the investigator’s name and show the person a copy of the investigator’s authority. Maximum penalty—10 penalty units.\n(sec.115-ssec.6) If the request is made of an associated person of a relevant person, the associated person must immediately state his or her name and show the other person the identification issued to the associated person under subsection (1) . Maximum penalty for subsection (6) —10 penalty units.\n(sec.115-ssec.7) If the request under subsection (4) is made of the chief executive, the chief executive must immediately state the chief executive’s name and state the chief executive is authorised to investigate the land under section 109A .\n(sec.115-ssec.8) If the chief executive (the official ), or someone authorised in writing by the chief executive (also the official ), investigates land under section 109A and the owner or occupier of the land is not present, before leaving the land, the official must leave a notice in a conspicuous position and in a reasonably secure way stating the following— the official’s name and business address or telephone number; the action taken by the official under section 109A ; when the action was taken.\n(sec.115-ssec.9) In this section— associated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A .\n- (a) state the names of the relevant person and the person to whom the identification is issued; and\n- (b) indicate that, for the purposes of this Act, the person is associated with the holder of a rail feasibility investigator’s authority; and\n- (c) state the capacity in which the associated person is an associated person; and\n- (d) be signed by or for the relevant person; and\n- (e) be signed by the associated person; and\n- (f) state an expiry date.\n- (a) for identification; or\n- (b) about the person’s authority to enter the land.\n- (a) the official’s name and business address or telephone number;\n- (b) the action taken by the official under section 109A ;\n- (c) when the action was taken.","sortOrder":214},{"sectionNumber":"sec.116","sectionType":"section","heading":"Pretending to be an investigator etc.","content":"### sec.116 Pretending to be an investigator etc.\n\nA person must not pretend—\nto be an investigator; or\nto be an associated person of an investigator; or\nto be the chief executive investigating land under section 109A ; or\nto be a person authorised by the chief executive under section 109A .\nMaximum penalty—80 penalty units.\ns 116 ins 1998 No. 43 s 9\namd 2011 No. 12 s 41\n- (a) to be an investigator; or\n- (b) to be an associated person of an investigator; or\n- (c) to be the chief executive investigating land under section 109A ; or\n- (d) to be a person authorised by the chief executive under section 109A .","sortOrder":215},{"sectionNumber":"sec.117","sectionType":"section","heading":"Relevant person to take care in acting under authority","content":"### sec.117 Relevant person to take care in acting under authority\n\nA relevant person—\nmust take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\nmay do anything necessary or desirable to minimise the damage or inconvenience; and\nis liable to compensate the land’s owner or occupier for any loss or damage suffered by the owner or occupier arising out of the entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority.\ns 117 ins 1998 No. 43 s 9\namd 2011 No. 12 s 42\n- (a) must take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\n- (b) may do anything necessary or desirable to minimise the damage or inconvenience; and\n- (c) is liable to compensate the land’s owner or occupier for any loss or damage suffered by the owner or occupier arising out of the entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority.","sortOrder":216},{"sectionNumber":"sec.118","sectionType":"section","heading":"Compensation payable by relevant person","content":"### sec.118 Compensation payable by relevant person\n\nAn owner or occupier of land may, by written notice given to the relevant person—\nclaim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or\nrequire the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or\nrequire the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified.\nA claim may be made—\nwhether or not the act or omission giving rise to the claim was authorised under the authority; and\nwhether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and\neven though the loss or damage was caused or contributed to by an associated person.\nThe notice must be given—\nwithin 1 year after the loss or damage happened; or\nat a later time allowed by a court.\nThe amount of compensation is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed.\nIn this section—\nassociated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A .\ns 118 prev s 118 ins 1994 No. 49 s 3 sch 1\nexp 18 May 1995 (see prev s 118(2))\nAIA s 20A applies (see orig s 126(1))\npres s 118 ins 1998 No. 43 s 9\namd 2011 No. 12 s 43\n(sec.118-ssec.1) An owner or occupier of land may, by written notice given to the relevant person— claim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or require the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or require the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified.\n(sec.118-ssec.2) A claim may be made— whether or not the act or omission giving rise to the claim was authorised under the authority; and whether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and even though the loss or damage was caused or contributed to by an associated person.\n(sec.118-ssec.3) The notice must be given— within 1 year after the loss or damage happened; or at a later time allowed by a court.\n(sec.118-ssec.4) The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed.\n(sec.118-ssec.5) In this section— associated person , if the chief executive intends to investigate land under section 109A , includes a person authorised by the chief executive under section 109A .\n- (a) claim compensation from the relevant person for loss or damage arising out of an entry onto the land, any use made of the land, anything brought onto the land or anything done or left on the land in connection with the relevant person’s authority; or\n- (b) require the relevant person to carry out works to rectify the damage within a reasonable time after the relevant person has finished investigating the land under the authority; or\n- (c) require the relevant person to carry out works under paragraph (b) and then claim compensation for any loss or damage not rectified.\n- (a) whether or not the act or omission giving rise to the claim was authorised under the authority; and\n- (b) whether or not the relevant person prohibited, or took steps to prevent, the loss or damage; and\n- (c) even though the loss or damage was caused or contributed to by an associated person.\n- (a) within 1 year after the loss or damage happened; or\n- (b) at a later time allowed by a court.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the amount of compensation claimed.","sortOrder":217},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":218},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":219},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 ins 1998 No. 33 s 4 (retro)\nsub 2003 No. 54 s 8\nom 2010 No. 6 s 334","sortOrder":220},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 ins 2003 No. 54 s 8\nom 2010 No. 6 s 334","sortOrder":221},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 ins 2003 No. 54 s 8\nom 2010 No. 6 s 334","sortOrder":222},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 ins 2003 No. 54 s 8\nom 2010 No. 6 s 334","sortOrder":223},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":224},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 ins 1995 No. 32 s 11\namd 2003 No. 54 s 9\nom 2010 No. 6 s 334","sortOrder":225},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 ins 1995 No. 32 s 11\namd 2003 No. 54 s 10\nom 2010 No. 6 s 334","sortOrder":226},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 ins 1995 No. 32 s 11\nom 2010 No. 6 s 334","sortOrder":227},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 orig s 126 ins 1994 No. 49 s 3 sch 1\nexp 18 May 1995 (see orig s 126(2))\nprev s 126 ins 1995 No. 32 s 11\namd 1997 No. 66 s 39 ; 1998 No. 33 s 5 (retro); 2000 No. 40 s 7 ; 2003 No. 54 s 11\nom 2010 No. 6 s 334","sortOrder":228},{"sectionNumber":"sec.126H","sectionType":"section","heading":null,"content":"### Section sec.126H\n\ns 126H ins 1995 No. 32 s 16\nexp 1 July 1995 (see s 126H(3))\nAIA s 20A applies (see s 126H(2))","sortOrder":229},{"sectionNumber":"sec.126O","sectionType":"section","heading":null,"content":"### Section sec.126O\n\ns 126O ins 1995 No. 32 s 16\nom 1 July 1995 RA s 37","sortOrder":230},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 ins 2000 No. 6 s 21\namd 2003 No. 54 s 12\nom 2010 No. 6 s 334","sortOrder":231},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 ins 1995 No. 32 s 11\namd 1998 No. 33 s 6 (retro); 2003 No. 54 s 13\nom 2010 No. 6 s 334","sortOrder":232},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 orig s 129 ins 1994 No. 32 s 10\n(1), (3)–(4) exp 1 August 1994 (see orig s 129(4))\n(1)–(2) exp 20 June 1995 (see orig s 129(2), 1994 SL No. 252 s 53 (1) as ins 1995 SL No. 215 s 3 )\nAIA s 20A applies (see prev s 240(1))\nprev s 129 ins 1995 No. 32 s 11\nsub 2003 No. 54 s 14\nom 2010 No. 6 s 334","sortOrder":233},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 orig s 130 ins 1994 No. 32 s 10\nexp 1 July 1995 (see orig s 130(2))\nAIA s 20A applies (see prev s 240(1))\nprev s 130 ins 2003 No. 54 s 14\nom 2010 No. 6 s 334","sortOrder":234},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 ins 1995 No. 32 s 11\nom 2010 No. 6 s 334","sortOrder":235},{"sectionNumber":"sec.131A","sectionType":"section","heading":null,"content":"### Section sec.131A\n\ns 131A ins 1994 No. 49 s 3 sch 1\nom 18 November 1994 RA s 37","sortOrder":236},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 ins 1995 No. 32 s 11\namd 1997 No. 66 s 40 ; 2000 No. 40 s 8 ; 2003 No. 54 s 15\nom 2010 No. 6 s 334","sortOrder":237},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 orig s 133 ins 1995 No. 32 s 11\nom 2003 No. 32 s 35\nprev s 133 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":238},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":239},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":240},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 orig s 135 ins 1994 No. 32 s 10\nexp 20 June 1995 (see orig s 135(3), 1994 SL No. 252 s 53 (1) as ins 1995 SL No. 215 s 3 )\nAIA s 20A applies (see prev s 240(1))\nprev s 135 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":241},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 orig s 136 ins 1995 No. 32 s 11\namd 1996 No. 74 s 10\nom 1998 No. 13 s 191 sch\nprev s 136 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":242},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":243},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 orig s 138 ins 1995 No. 32 s 11\nom 2002 No. 15 s 23 (retro)\nprev s 138 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":244},{"sectionNumber":"ch.7-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":245},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 ins 1995 No. 32 s 11\namd 1997 No. 66 s 41 ; 2000 No. 40 s 9\nsub 2003 No. 54 ss 16 , 18\nom 2010 No. 6 s 334\namd 2010 No. 32 s 72 (amdt could not be given effect)","sortOrder":246},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 ins 1995 No. 32 s 11\namd 1997 No. 66 s 42 ; 2000 No. 40 s 10\nsub 2003 No. 54 ss 16 , 18\nom 2010 No. 6 s 334\namd 2010 No. 32 s 73 (amdt could not be given effect)","sortOrder":247},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":248},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":249},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 orig s 143 ins 1994 No. 32 s 10\nexp 1 July 1995 (see orig s 143(4))\nAIA s 20A applies (see prev s 240(1))\nprev s 143 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":250},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":251},{"sectionNumber":"ch.7-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":252},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 ins 1995 No. 32 s 11\namd 1997 No. 66 s 43 ; 2000 No. 40 s 11\nsub 2003 No. 54 ss 16 , 18\nom 2010 No. 6 s 334","sortOrder":253},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":254},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 orig s 147 ins 1995 No. 32 s 11\nom 2000 No. 5 s 461 sch 3\nprev s 147 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":255},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":256},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":257},{"sectionNumber":"ch.7-pt.3-div.6","sectionType":"division","heading":null,"content":"","sortOrder":258},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 ins 1995 No. 32 s 11\nsub 2003 No. 54 ss 16 , 18\nom 2010 No. 6 s 334","sortOrder":259},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":260},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":261},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":262},{"sectionNumber":"ch.7-pt.3-div.7","sectionType":"division","heading":null,"content":"","sortOrder":263},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 orig s 154 ins 1994 No. 32 s 5\nom 2001 No. 79 s 32\nprev s 154 ins 1995 No. 32 s 11\nsub 2003 No. 54 ss 16 , 18\nom 2010 No. 6 s 334","sortOrder":264},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":265},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":266},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":267},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 orig s 158 ins 1994 No. 32 s 10\nom 1995 No. 32 s 18\nprev s 158 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":268},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 orig s 159 ins 1994 No. 32 s 10\nom 1995 No. 32 s 18\nprev s 159 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":269},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 orig s 160 ins 1994 No. 32 s 10\nom 1995 No. 32 s 18\nprev s 160 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":270},{"sectionNumber":"ch.7-pt.3-div.8","sectionType":"division","heading":null,"content":"","sortOrder":271},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 orig s 161 ins 1994 No. 32 s 10\nom 1995 No. 32 s 18\nprev s 161 ins 2003 No. 54 s 18\nom 2010 No. 6 s 334","sortOrder":272},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Rail transport infrastructure powers","content":"# Rail transport infrastructure powers","sortOrder":273},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Railway works","content":"## Railway works","sortOrder":274},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application of div 1","content":"### sec.162 Application of div 1\n\nThis division applies only to railway works and accommodation works.\ns 162 orig s 162 ins 1994 No. 32 s 10\nom 1995 No. 9 s 92 sch 1\nprev s 162 (prev s 93A) ins 1998 No. 43 s 10\nrenum 2003 No. 54 s 17\namd 2022 No. 19 s 7","sortOrder":275},{"sectionNumber":"sec.163","sectionType":"section","heading":"Entering land for railway works etc.","content":"### sec.163 Entering land for railway works etc.\n\nFor railway works, the chief executive or an accredited person may enter someone else’s land and carry out the works.\nFor accommodation works that are necessary or convenient to be done as a result of railway works, the chief executive, or someone authorised in writing by the chief executive, may temporarily occupy and use land, including roads, to carry out the works.\ns 163 ins 1995 No. 32 s 11\namd 2022 No. 19 s 8\n(sec.163-ssec.1) For railway works, the chief executive or an accredited person may enter someone else’s land and carry out the works.\n(sec.163-ssec.2) For accommodation works that are necessary or convenient to be done as a result of railway works, the chief executive, or someone authorised in writing by the chief executive, may temporarily occupy and use land, including roads, to carry out the works.","sortOrder":276},{"sectionNumber":"sec.164","sectionType":"section","heading":"Entry to land by notice or with approval","content":"### sec.164 Entry to land by notice or with approval\n\nThis section applies if a person proposes to enter, occupy or use land under this division.\nBefore entering someone else’s land to carry out railway works or accommodation works, the person must—\ngive at least 7 days written notice to the land’s owner or occupier; or\nget the written agreement of the land’s owner or occupier to the entry.\nThe notice must—\nstate the use intended to be made of the land; and\ninclude a general outline of the intended works; and\nstate an approximate period when the works are expected to be carried out on the land; and\nif accommodation works are proposed to be carried out on the land—state—\ndetails of the things proposed to be done on the land in relation to the proposed accommodation works; and\nthat the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.\nThe chief executive, an accredited person or a person authorised in writing by the chief executive under section 163 (2) need not comply with subsection (2) for maintenance on a road.\nThe chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.\nIf urgent remedial action is required, the chief executive or accredited person must give the land’s owner or occupier as much oral notice as is practicable.\nIf accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\ns 164 ins 1995 No. 32 s 11\namd 2022 No. 19 s 9\n(sec.164-ssec.1) This section applies if a person proposes to enter, occupy or use land under this division.\n(sec.164-ssec.2) Before entering someone else’s land to carry out railway works or accommodation works, the person must— give at least 7 days written notice to the land’s owner or occupier; or get the written agreement of the land’s owner or occupier to the entry.\n(sec.164-ssec.3) The notice must— state the use intended to be made of the land; and include a general outline of the intended works; and state an approximate period when the works are expected to be carried out on the land; and if accommodation works are proposed to be carried out on the land—state— details of the things proposed to be done on the land in relation to the proposed accommodation works; and that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.\n(sec.164-ssec.4) The chief executive, an accredited person or a person authorised in writing by the chief executive under section 163 (2) need not comply with subsection (2) for maintenance on a road.\n(sec.164-ssec.5) The chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.\n(sec.164-ssec.6) If urgent remedial action is required, the chief executive or accredited person must give the land’s owner or occupier as much oral notice as is practicable.\n(sec.164-ssec.7) If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\n- (a) give at least 7 days written notice to the land’s owner or occupier; or\n- (b) get the written agreement of the land’s owner or occupier to the entry.\n- (a) state the use intended to be made of the land; and\n- (b) include a general outline of the intended works; and\n- (c) state an approximate period when the works are expected to be carried out on the land; and\n- (d) if accommodation works are proposed to be carried out on the land—state— (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.\n- (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and\n- (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.\n- (i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and\n- (ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.","sortOrder":277},{"sectionNumber":"sec.165","sectionType":"section","heading":"Care to be taken in carrying out works etc.","content":"### sec.165 Care to be taken in carrying out works etc.\n\nIn entering land and carrying out railway works or accommodation works on the land, the person—\nmust take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\nmay do anything necessary or desirable to minimise the damage or inconvenience; and\nmust get the agreement of the owner or occupier to take or use the materials of the land’s owner or occupier, unless urgent remedial action on a railway is required.\ns 165 ins 1995 No. 32 s 11\namd 2022 No. 19 s 10\n- (a) must take as much care as is practicable to minimise damage to the land or inconvenience to the land’s owner or occupier; and\n- (b) may do anything necessary or desirable to minimise the damage or inconvenience; and\n- (c) must get the agreement of the owner or occupier to take or use the materials of the land’s owner or occupier, unless urgent remedial action on a railway is required.","sortOrder":278},{"sectionNumber":"sec.166","sectionType":"section","heading":"Compensation for carrying out works etc.","content":"### sec.166 Compensation for carrying out works etc.\n\nAn owner or occupier of land entered, occupied or used under this part by a person may, by written notice given to the person—\nclaim compensation for loss or damage caused by the entry or railway works or accommodation works carried out on the land; or\nclaim compensation for the taking or use of materials; or\nrequire the person to carry out works in restitution for the damage; or\nrequire the person to carry out works in restitution for the damage and then claim compensation for any loss or damage not restituted.\nThe notice must be given—\nwithin 1 year after the railway works or accommodation works are completed; or\nat a later time allowed by—\nif the land is entered by the chief executive or an accredited person—that person; or\nif the land is entered by a person authorised in writing by the chief executive under section 163 (2) —the chief executive.\nThe amount of compensation is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\nHowever, the amount of compensation for damage to the land and its fixtures, and for taking or use of materials, can not be more than the amount that would have been awarded if the land had been acquired.\ns 166 ins 1995 No. 32 s 11\namd 2022 No. 19 s 11\n(sec.166-ssec.1) An owner or occupier of land entered, occupied or used under this part by a person may, by written notice given to the person— claim compensation for loss or damage caused by the entry or railway works or accommodation works carried out on the land; or claim compensation for the taking or use of materials; or require the person to carry out works in restitution for the damage; or require the person to carry out works in restitution for the damage and then claim compensation for any loss or damage not restituted.\n(sec.166-ssec.2) The notice must be given— within 1 year after the railway works or accommodation works are completed; or at a later time allowed by— if the land is entered by the chief executive or an accredited person—that person; or if the land is entered by a person authorised in writing by the chief executive under section 163 (2) —the chief executive.\n(sec.166-ssec.3) The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.166-ssec.4) However, the amount of compensation for damage to the land and its fixtures, and for taking or use of materials, can not be more than the amount that would have been awarded if the land had been acquired.\n- (a) claim compensation for loss or damage caused by the entry or railway works or accommodation works carried out on the land; or\n- (b) claim compensation for the taking or use of materials; or\n- (c) require the person to carry out works in restitution for the damage; or\n- (d) require the person to carry out works in restitution for the damage and then claim compensation for any loss or damage not restituted.\n- (a) within 1 year after the railway works or accommodation works are completed; or\n- (b) at a later time allowed by— (i) if the land is entered by the chief executive or an accredited person—that person; or (ii) if the land is entered by a person authorised in writing by the chief executive under section 163 (2) —the chief executive.\n- (i) if the land is entered by the chief executive or an accredited person—that person; or\n- (ii) if the land is entered by a person authorised in writing by the chief executive under section 163 (2) —the chief executive.\n- (i) if the land is entered by the chief executive or an accredited person—that person; or\n- (ii) if the land is entered by a person authorised in writing by the chief executive under section 163 (2) —the chief executive.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.","sortOrder":279},{"sectionNumber":"sec.167","sectionType":"section","heading":"Watercourses","content":"### sec.167 Watercourses\n\nTo carry out railway works, an accredited person may, with the chief executive’s written approval—\ndivert a watercourse; or\nconstruct a watercourse, whether temporary or permanent.\nIn deciding whether to approve the diversion of a watercourse, the chief executive must consider the effect the works would have on the watercourse’s physical integrity and flow characteristics.\nSubsection (2) does not limit the matters the chief executive may consider.\ns 167 ins 1995 No. 32 s 11\namd 2005 No. 42 s 52 sch 1 ; 2024 No. 2 s 80 sch 1\n(sec.167-ssec.1) To carry out railway works, an accredited person may, with the chief executive’s written approval— divert a watercourse; or construct a watercourse, whether temporary or permanent.\n(sec.167-ssec.2) In deciding whether to approve the diversion of a watercourse, the chief executive must consider the effect the works would have on the watercourse’s physical integrity and flow characteristics.\n(sec.167-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n- (a) divert a watercourse; or\n- (b) construct a watercourse, whether temporary or permanent.","sortOrder":280},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":281},{"sectionNumber":"sec.168","sectionType":"section","heading":"Power to require works to stop","content":"### sec.168 Power to require works to stop\n\nA person must not, without the chief executive’s written approval, carry out works near a railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity.\nMaximum penalty—100 penalty units.\nIf—\na person is carrying out, or proposes to carry out, works near a railway; and\nthe chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity;\nthe chief executive may give the person a written direction to stop, alter or not to start the works.\nThe person must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf works are carried out contrary to subsection (1) or a direction under subsection (2) , the chief executive may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable time.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf the person does not comply with the requirement, the chief executive may—\nalter, demolish or take away the works; or\nalter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\nFor this section, a person authorised by the chief executive may enter land and inspect works—\nafter giving 3 days written notice to the land’s owner or occupier; or\nwith the written agreement of the land’s owner or occupier; or\nwithout notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.\nThis section binds all persons, including the State, the Commonwealth and the other States.\ns 168 ins 1995 No. 32 s 11\n(sec.168-ssec.1) A person must not, without the chief executive’s written approval, carry out works near a railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity. Maximum penalty—100 penalty units.\n(sec.168-ssec.2) If— a person is carrying out, or proposes to carry out, works near a railway; and the chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity; the chief executive may give the person a written direction to stop, alter or not to start the works.\n(sec.168-ssec.3) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.168-ssec.4) If works are carried out contrary to subsection (1) or a direction under subsection (2) , the chief executive may, by written notice, require the owner of the land where the works are situated to alter, demolish or take away the works within a stated reasonable time.\n(sec.168-ssec.5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.168-ssec.6) If the person does not comply with the requirement, the chief executive may— alter, demolish or take away the works; or alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\n(sec.168-ssec.7) For this section, a person authorised by the chief executive may enter land and inspect works— after giving 3 days written notice to the land’s owner or occupier; or with the written agreement of the land’s owner or occupier; or without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.\n(sec.168-ssec.8) This section binds all persons, including the State, the Commonwealth and the other States.\n- (a) a person is carrying out, or proposes to carry out, works near a railway; and\n- (b) the chief executive reasonably believes they threaten, or are likely to threaten, the railway’s safety or operational integrity;\n- (a) alter, demolish or take away the works; or\n- (b) alter, demolish or take away the works and recover the cost of doing so from the land’s owner as a debt payable by the owner.\n- (a) after giving 3 days written notice to the land’s owner or occupier; or\n- (b) with the written agreement of the land’s owner or occupier; or\n- (c) without notice or approval, if the chief executive reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity.","sortOrder":282},{"sectionNumber":"sec.169","sectionType":"section","heading":"Closing railway crossings","content":"### sec.169 Closing railway crossings\n\nA railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to—\nthe safety of the railway; or\nthe public using it or who may use it.\nIf the manager decides to close or regulate a crossing—\nthe manager must, as soon as practicable after its closure or regulation, notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and\nthe manager may construct a substitute crossing.\ns 169 ins 1995 No. 32 s 11\namd 2010 No. 6 s 335 ; 2011 No. 12 s 44\n(sec.169-ssec.1) A railway manager may temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— the safety of the railway; or the public using it or who may use it.\n(sec.169-ssec.2) If the manager decides to close or regulate a crossing— the manager must, as soon as practicable after its closure or regulation, notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and the manager may construct a substitute crossing.\n- (a) the safety of the railway; or\n- (b) the public using it or who may use it.\n- (a) the manager must, as soon as practicable after its closure or regulation, notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary; and\n- (b) the manager may construct a substitute crossing.","sortOrder":283},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":284},{"sectionNumber":"ch.7-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":285},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":286},{"sectionNumber":"ch.7-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":287},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":288},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":289},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 orig s 173 ins 1994 No. 32 s 5\nom 2000 No. 4 s 93\nprev s 173 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":290},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":291},{"sectionNumber":"sec.175","sectionType":"section","heading":null,"content":"### Section sec.175\n\ns 175 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":292},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":293},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":294},{"sectionNumber":"ch.7-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":295},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 ins 2003 No. 54 s 20\namd 2008 No. 67 s 286\nom 2010 No. 6 s 336","sortOrder":296},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":297},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":298},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":299},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 ins 2003 No. 54 s 20\namd 2009 No. 47 s 5 sch\nom 2010 No. 6 s 336","sortOrder":300},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":301},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":302},{"sectionNumber":"ch.7-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":303},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":304},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":305},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":306},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 ins 2003 No. 54 s 20\namd 2005 No. 22 s 6\nom 2010 No. 6 s 336","sortOrder":307},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":308},{"sectionNumber":"ch.7-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":309},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 ins 1995 No. 32 s 11\nsub 2003 No. 54 ss 19 , 20\nom 2010 No. 6 s 336","sortOrder":310},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":311},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":312},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":313},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":314},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":315},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":316},{"sectionNumber":"sec.197","sectionType":"section","heading":null,"content":"### Section sec.197\n\ns 197 orig s 197 om 1997 No. 66 s 51\nprev s 197 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":317},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 orig s 198 om 1997 No. 66 s 51\nprev s 198 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":318},{"sectionNumber":"ch.7-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":319},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":320},{"sectionNumber":"sec.200","sectionType":"section","heading":null,"content":"### Section sec.200\n\ns 200 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":321},{"sectionNumber":"sec.201","sectionType":"section","heading":null,"content":"### Section sec.201\n\ns 201 orig s 201 amd 1994 No. 32 s 9 ; 1994 No. 43 s 143 sch 3\nom 2003 No. 54 s 35\nprev s 201 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":322},{"sectionNumber":"ch.7-pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":323},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 orig s 202(1) om 1994 No. 49 s 3 sch 1\nAIA s 20A applies to orig (1) (see orig s 126(1))\nprev s 202(1)–(2) exp 18 November 1995 (see prev s 202(2))\ns 202 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":324},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 orig s 203 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 203(5))\n(1)–(3) AIA s 20A applies (see orig s 203(4))\nprev s 203 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":325},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 orig s 204 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 204(3))\n(1) AIA s 20A applies (see orig s 204(2))\nprev s 204 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":326},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 orig s 205 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 205(2))\nprev s 205 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":327},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 orig s 206 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 206(2))\nAIA s 20A applies (see orig s 126(1))\nprev s 206 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":328},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 orig s 207 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1995 (see orig s 207(4))\nprev s 207 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":329},{"sectionNumber":"ch.7-pt.5-div.8","sectionType":"division","heading":null,"content":"","sortOrder":330},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 orig s 208 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 208(2))\nprev s 208 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":331},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 orig s 209 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 209(2)–(3))\nprev s 209 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":332},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 orig s 210 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 210(3)–(4))\nprev s 210 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":333},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 orig s 211 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 211(3))\nprev s 211 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":334},{"sectionNumber":"ch.7-pt.5-div.9","sectionType":"division","heading":null,"content":"","sortOrder":335},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 orig s 212 amd 1994 No. 49 s 3 sch 1\nexp 18 November 1996 (see orig s 212(2))\nprev s 212 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":336},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 orig s 213 ins 1994 No. 49 s 3 sch 1\nexp 18 November 1995 (see orig s 213(5))\nprev s 213 ins 2003 No. 54 s 20\nom 2010 No. 6 s 336","sortOrder":337},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":338},{"sectionNumber":"ch.7-pt.6-div.1AA","sectionType":"division","heading":null,"content":"","sortOrder":339},{"sectionNumber":"sec.213A","sectionType":"section","heading":null,"content":"### Section sec.213A\n\ns 213A ins 2004 No. 54 s 3\nom 2010 No. 6 s 336","sortOrder":340},{"sectionNumber":"sec.213B","sectionType":"section","heading":null,"content":"### Section sec.213B\n\ns 213B ins 2004 No. 54 s 3\nom 2010 No. 6 s 336","sortOrder":341},{"sectionNumber":"ch.7-pt.6-div.1","sectionType":"division","heading":null,"content":"","sortOrder":342},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 orig s 214 ins 1995 No. 32 s 16\namd 1997 No. 66 s 52\nexp 30 June 2003 (see orig s 218(2))\nAIA s 20A applies (see orig s 218(1))\nprev s 214 ins 2003 No. 54 s 21\nom 2010 No. 6 s 336","sortOrder":343},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 orig s 215 ins 1995 No. 32 s 16\namd 2000 No. 40 s 16 ; 2002 No. 15 s 26 (retro)\nexp 30 June 2003 (see orig s 218(2))\nAIA s 20A applies (see orig s 218(1))\nprev s 215 ins 1995 No. 32 s 11\namd 1995 No. 57 s 4 sch 1 ; 2003 No. 54 s 22\nom 2010 No. 6 s 336","sortOrder":344},{"sectionNumber":"ch.7-pt.6-div.2","sectionType":"division","heading":null,"content":"","sortOrder":345},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 orig s 216 ins 1995 No. 32 s 16\nexp 30 June 2003 (see orig s 218(2))\nAIA s 20A applies (see orig s 218(1))\nprev s 216 ins 1995 No. 32 s 11\namd 2003 No. 54 s 23 ; 2004 No. 54 s 4\nom 2010 No. 6 s 336","sortOrder":346},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 orig s 217 ins 1995 No. 32 s 16\nexp 30 June 2003 (see orig s 218(2))\nAIA s 20A applies (see orig s 218(1))\nprev s 217 ins 1995 No. 32 s 11\namd 2000 No. 6 s 22 ; 2003 No. 54 s 24 ; 2004 No. 54 s 5\nom 2010 No. 6 s 336","sortOrder":347},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 orig s 218 ins 1995 No. 32 s 16\namd 2002 No. 15 s 27 (retro)\nexp 30 June 2003 (see orig s 218(2))\nAIA s 20A applies (see orig s 218(1))\nprev s 218 ins 1995 No. 32 s 11\namd 2003 No. 54 s 25\nom 2010 No. 6 s 336","sortOrder":348},{"sectionNumber":"ch.7-pt.6-div.3","sectionType":"division","heading":null,"content":"","sortOrder":349},{"sectionNumber":"sec.219","sectionType":"section","heading":null,"content":"### Section sec.219\n\ns 219 orig s 219 ins 1995 No. 32 s 16\nexp 1 July 1997 (see orig s 219(6)–(7))\nprev s 219 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":350},{"sectionNumber":"sec.220","sectionType":"section","heading":null,"content":"### Section sec.220\n\ns 220 orig s 220 ins 1995 No. 32 s 16\nexp 1 July 2000 (see orig s 220(4))\nprev s 220 ins 1995 No. 32 s 11\namd 2004 No. 54 s 6\nom 2010 No. 6 s 336","sortOrder":351},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 orig s 221 ins 1995 No. 32 s 16\namd 2002 No. 15 s 28 (retro)\nexp 30 June 2003 (see orig s 221(4) and 1995 SL No. 342 s 4 )\nprev s 221 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":352},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 orig s 222 ins 1995 No. 32 s 16\nexp 1 July 2000 (see orig s 222(5))\nprev s 222 ins 1995 No. 32 s 11\namd 2003 No. 54 s 26\nom 2010 No. 6 s 336","sortOrder":353},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 orig s 223 ins 1995 No. 32 s 16\nexp 1 July 2002 (see orig s 223(3))\nAIA s 20A applies (see orig s 223(2))\nprev s 223 ins 1995 No. 32 s 11\namd 2003 No. 54 s 27\nom 2010 No. 6 s 336","sortOrder":354},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 orig s 224 ins 1995 No. 32 s 16\nexp 1 July 2002 (see orig s 224(9))\nAIA s 20A applies (see orig s 224(5))\nprev s 224 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":355},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 orig s 225 ins 1995 No. 32 s 16\namd 1995 No. 48 s 11\nexp 22 November 1996 (see orig s 225(4))\nprev s 225 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":356},{"sectionNumber":"sec.226","sectionType":"section","heading":null,"content":"### Section sec.226\n\ns 226 orig s 226 ins 1995 No. 32 s 16\nexp 1 July 1996 (see orig s 226(3))\nprev s 226 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":357},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 orig s 227 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 227(2))\nAIA s 20A applies (see prev s 240(1))\nprev s 227 ins 1998 No. 23 s 4\nom 2001 No. 79 s 38\nins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":358},{"sectionNumber":"sec.228","sectionType":"section","heading":null,"content":"### Section sec.228\n\ns 228 orig s 228 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57 ; 1997 No. 9 s 84 ; 1998 No. 33 s 10 (retro); 1999 No. 24 s 2 (2) sch ; 2000 No. 6 s 27\nexp 31 December 2000 (see orig s 228(3))\nAIA s 20A applies (see prev s 240(1))\nprev s 228 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":359},{"sectionNumber":"sec.229","sectionType":"section","heading":null,"content":"### Section sec.229\n\ns 229 orig s 229 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 229(2))\nAIA s 20A applies (see prev s 240(1))\nprev s 229 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":360},{"sectionNumber":"sec.230","sectionType":"section","heading":null,"content":"### Section sec.230\n\ns 230 orig s 230 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 230(5))\nAIA s 20A applies (see prev s 240(1))\nprev s 230 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":361},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\ns 231 orig s 231 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 231(3))\nAIA s 20A applies (see prev s 240(1))\nprev s 231 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":362},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\ns 232 orig s 232 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57 ; 1997 No. 9 s 85 ; 1998 No. 33 s 11 (retro); 1999 No. 24 s 2 (2) sch ; 2000 No. 6 s 28\nexp 31 December 2000 (see orig s 232(8))\nAIA s 20A applies (see prev s 240(1))\nprev s 232 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":363},{"sectionNumber":"sec.233","sectionType":"section","heading":null,"content":"### Section sec.233\n\ns 233 orig s 233 ins 1994 No. 32 s 10\namd 1994 No. 43 s 143 sch 3 (retro); 1996 No. 13 s 57 ; 1997 No. 9 s 86 ; 1998 No. 23 s 5 (1)–(2) (retro) , (3) ; 1998 No. 33 s 12 (retro); 1999 No. 11 s 31 ; 2000 No. 64 s 172 ; 2002 No. 72 s 31\nom 2001 No. 93 s 25 (c)\nexp 31 December 2003 (see orig s 233(9)) (exp could not be given effect)\nAIA s 20A applies (see prev s 240(1))\nprev s 233 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":364},{"sectionNumber":"sec.233A","sectionType":"section","heading":null,"content":"### Section sec.233A\n\ns 233A ins 1998 No. 23 s 6\nexp 15 May 1998 (see s 233A(4))\nAIA s 20A applies (see prev s 240(1))","sortOrder":365},{"sectionNumber":"sec.233B","sectionType":"section","heading":null,"content":"### Section sec.233B\n\ns 233B ins 1998 No. 23 s 6\nexp 15 May 1998 (see s 233B(3))\nAIA s 20A applies (see prev s 240(1))","sortOrder":366},{"sectionNumber":"sec.233C","sectionType":"section","heading":null,"content":"### Section sec.233C\n\ns 233C ins 1998 No. 23 s 6\nexp 15 May 1998 (see 233C(5))\nAIA s 20A applies (see prev s 240(1))","sortOrder":367},{"sectionNumber":"sec.233D","sectionType":"section","heading":null,"content":"### Section sec.233D\n\ns 233D ins 1998 No. 23 s 6\nexp 15 May 1998 (see s 233D(4))\nAIA s 20A applies (see prev s 240(1))","sortOrder":368},{"sectionNumber":"sec.233E","sectionType":"section","heading":null,"content":"### Section sec.233E\n\ns 233E ins 1998 No. 23 s 6\nexp 15 May 1998 (see s 233E(4))\nAIA s 20A applies (see prev s 240(1))","sortOrder":369},{"sectionNumber":"sec.233F","sectionType":"section","heading":null,"content":"### Section sec.233F\n\ns 233F ins 1998 No. 23 s 6\nexp 15 May 1998 (see s 233F(2))\nAIA s 20A applies (see prev s 240(1))","sortOrder":370},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\ns 234 orig s 234 ins 1994 No. 32 s 10\namd 1994 No. 81 s 527 sch 5 ; 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 234(4))\nAIA s 20A applies (see prev s 240(1))\nprev s 234 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":371},{"sectionNumber":"sec.235","sectionType":"section","heading":null,"content":"### Section sec.235\n\ns 235 orig s 235 ins 1994 No. 32 s 10\namd 1994 No. 43 s 143 sch 3 (retro); 1996 No. 13 s 57 ; 1997 No. 9 s 87 ; 1998 No. 33 s 13 (retro); 1999 No. 24 s 2 (2) sch ; 2000 No. 6 s 29\n(3) exp 1 July 1997 (see orig s 235(5A))\nexp 31 December 2000 (see orig s 235(5))\nAIA s 20A applies (see prev s 240(1))\nprev s 235 ins 1995 No. 32 s 11\namd 2004 No. 54 s 7\nom 2010 No. 6 s 336","sortOrder":372},{"sectionNumber":"sec.236","sectionType":"section","heading":null,"content":"### Section sec.236\n\ns 236 orig s 236 ins 1994 No. 32 s 10\namd 1995 No. 41 s 105 sch 1 ; 1997 No. 9 s 88 ; 1998 No. 23 s 7 (retro); 1999 No. 11 s 32 ; 1999 No. 59 s 59 ; 2000 No. 64 s 173 ; 2002 No. 72 s 32\nom 2001 No. 93 s 25 (c)\nexp 31 December 2003 (see orig s 236(8)) (exp could not be given effect)\nAIA s 20A applies (see prev s 240(1))\nprev s 236 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":373},{"sectionNumber":"sec.237","sectionType":"section","heading":null,"content":"### Section sec.237\n\ns 237 orig s 237 ins 1994 No. 32 s 10\namd 1996 No. 13 s 56\nexp 31 October 1996 (see orig s 237(4))\nAIA s 20A applies (see prev s 240(1))\nprev s 237 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":374},{"sectionNumber":"sec.238","sectionType":"section","heading":null,"content":"### Section sec.238\n\ns 238 orig s 238 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57\nexp 1 July 1997 (see orig s 238(3))\nAIA s 20A applies (see prev s 240(1))\nprev s 238 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":375},{"sectionNumber":"sec.239","sectionType":"section","heading":null,"content":"### Section sec.239\n\ns 239 ins 1995 No. 32 s 11\nom 2010 No. 6 s 336","sortOrder":376},{"sectionNumber":"ch.7-pt.6-div.4","sectionType":"division","heading":null,"content":"","sortOrder":377},{"sectionNumber":"sec.239AA","sectionType":"section","heading":null,"content":"### Section sec.239AA\n\ns 239AA ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":378},{"sectionNumber":"sec.239AB","sectionType":"section","heading":null,"content":"### Section sec.239AB\n\ns 239AB ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":379},{"sectionNumber":"sec.239AC","sectionType":"section","heading":null,"content":"### Section sec.239AC\n\ns 239AC ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":380},{"sectionNumber":"sec.239AD","sectionType":"section","heading":null,"content":"### Section sec.239AD\n\ns 239AD ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":381},{"sectionNumber":"ch.7-pt.6-div.5","sectionType":"division","heading":null,"content":"","sortOrder":382},{"sectionNumber":"sec.239AE","sectionType":"section","heading":null,"content":"### Section sec.239AE\n\ns 239AE ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":383},{"sectionNumber":"sec.239AF","sectionType":"section","heading":null,"content":"### Section sec.239AF\n\ns 239AF ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":384},{"sectionNumber":"sec.239AG","sectionType":"section","heading":null,"content":"### Section sec.239AG\n\ns 239AG ins 2004 No. 54 s 8\nom 2010 No. 6 s 336","sortOrder":385},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Land for railway purposes","content":"# Land for railway purposes","sortOrder":386},{"sectionNumber":"sec.239AH","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.239AH Definitions for pt 7\n\nIn this part—\nregistered interest means an interest registered in the leasehold land register, other than a mortgage.\nunregistered right , in relation to land held under a lease or sublease, means a right to use the land that has not been registered or can not be registered in the leasehold land register.\ns 239AH ins 2007 No. 6 s 20","sortOrder":387},{"sectionNumber":"sec.239AI","sectionType":"section","heading":"Effect of resumption of particular interests in land","content":"### sec.239AI Effect of resumption of particular interests in land\n\nThis section applies if, under the resumption laws, the chief executive, for the State, acquires an interest in land that is less than a freehold interest (the acquired land ) for use by a railway manager as part of a rail transport corridor.\nThe acquired land is free of any interest or obligation arising under the interest that was acquired.\nThe chief executive, for the State, may exercise all the powers of an owner in relation to the acquired land.\nThe chief executive must, as soon as practicable, arrange for the acquired land to become unallocated State land for the purposes of section 240 .\nHowever, the chief executive may delay the acquired land becoming unallocated State land until any proposed rail transport infrastructure is built or substantially built and the boundaries of the land are more accurately defined.\nThe Acquisition of Land Act 1967 , section 12 (2A) , does not apply to the acquired land.\nIn this section—\nresumption laws means—\nthe Transport Planning and Coordination Act 1994 , section 25 ; and\nthe Acquisition of Land Act 1967 .\ns 239AI (prev s 239A) ins 2004 No. 9 s 4\nrenum 2007 No. 6 s 19 sch 1\n(sec.239AI-ssec.1) This section applies if, under the resumption laws, the chief executive, for the State, acquires an interest in land that is less than a freehold interest (the acquired land ) for use by a railway manager as part of a rail transport corridor.\n(sec.239AI-ssec.2) The acquired land is free of any interest or obligation arising under the interest that was acquired.\n(sec.239AI-ssec.3) The chief executive, for the State, may exercise all the powers of an owner in relation to the acquired land.\n(sec.239AI-ssec.4) The chief executive must, as soon as practicable, arrange for the acquired land to become unallocated State land for the purposes of section 240 .\n(sec.239AI-ssec.5) However, the chief executive may delay the acquired land becoming unallocated State land until any proposed rail transport infrastructure is built or substantially built and the boundaries of the land are more accurately defined.\n(sec.239AI-ssec.6) The Acquisition of Land Act 1967 , section 12 (2A) , does not apply to the acquired land.\n(sec.239AI-ssec.7) In this section— resumption laws means— the Transport Planning and Coordination Act 1994 , section 25 ; and the Acquisition of Land Act 1967 .\n- (a) the Transport Planning and Coordination Act 1994 , section 25 ; and\n- (b) the Acquisition of Land Act 1967 .","sortOrder":388},{"sectionNumber":"sec.240","sectionType":"section","heading":"Sublease of land to railway managers","content":"### sec.240 Sublease of land to railway managers\n\nThis section applies if—\nthe State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or\nthe chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor.\nIf the acquired land mentioned in subsection (1) (a) becomes unallocated State land—\nthe Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and\ndespite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and\ndespite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\nThe lease is in perpetuity and, if demanded, for a rent of $1 per year.\nThe State must sublease acquired land mentioned in subsection (1) (a) or (b) to the manager—\nif the manager agrees to meet the full costs of the acquisition—\nfor a term of not more than 100 years; and\nfor a rent, if demanded, of $1 per year; and\non other terms decided by the chief executive; or\notherwise—on terms agreed between the parties.\nA sublease by the State under subsection (4) (a) may include an option to renew the sublease.\nThe terms of the option and the renewed sublease are to be decided by the chief executive.\nSubsections (2) to (6) are subject to section 240AA .\nThe Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of a sublease to a railway manager under subsection (4) or a sublease to a railway manager granted under the exercise of an option mentioned in subsection (5) .\nIf acquired land is freehold land, the chief executive must require the registrar of titles to include the freehold land in the perpetual lease by a written notice made under this section, instead of under the Land Act 1994 , section 360A (3) .\nThe registrar of titles must amend the description in the following documents to include the freehold land—\nthe perpetual lease;\nthe sublease mentioned in subsection (4) .\nWhen the registrar of titles registers the amendment to the perpetual lease—\nthe freehold land—\nis surrendered absolutely; and\nbecomes part of the rail transport corridor under the perpetual lease and the sublease; and\ndespite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and\ndespite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\nThe chief executive must give to the holder of an interest in the acquired land extinguished under the Land Act 1994 , section 331 (2) a written notice stating—\nthat the holder’s interest is extinguished; and\nthe date the interest is extinguished; and\nthat the holder has the right to compensation under section 240AAA .\nIf the manager attaches any rail transport infrastructure or any other works or structures to the acquired land, they remain the manager’s property until the manager disposes of them.\nIn this section—\nacquires includes acquires by—\ngift; and\nsurrender of a sublease previously granted to a railway manager; and\nexchange; and\npurchase.\nfull costs , of an acquisition, includes (if the acquired land consists of a lease to the State) all rent or other money payable by the State under the lease granted to the State during the term of—\nthe sublease of the acquired land from the State to the manager under subsection (4) ; and\nany renewal of the sublease to the manager.\nperpetual lease means the lease mentioned in subsection (3) .\nregistered interest means—\nan interest recorded in a register kept under the Land Act 1994 , section 276 ; or\na registered interest under the Land Title Act 1994 .\ns 240 prev s 240 ins 1994 No. 32 s 10\namd 1996 No. 13 s 57 ; 1997 No. 9 s 89 ; 1998 No. 33 s 14 (retro); 1999 No. 24 s 2 (2) sch ; 2000 No. 6 s 30\nexp 30 June 2001 (see prev s 240(2))\nAIA s 20A applies (see prev s 240(1))\npres s 240 ins 1995 No. 32 s 11\nsub 1997 No. 66 s 44\namd 1998 No. 33 s 7 (retro); 2005 No. 49 s 5 ; 2007 No. 6 s 19 sch 1 ; 2008 No. 67 s 134 ; 2014 No. 43 s 32 ; 2020 No. 21 s 35\n(sec.240-ssec.1) This section applies if— the State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or the chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor.\n(sec.240-ssec.2) If the acquired land mentioned in subsection (1) (a) becomes unallocated State land— the Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and despite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\n(sec.240-ssec.3) The lease is in perpetuity and, if demanded, for a rent of $1 per year.\n(sec.240-ssec.4) The State must sublease acquired land mentioned in subsection (1) (a) or (b) to the manager— if the manager agrees to meet the full costs of the acquisition— for a term of not more than 100 years; and for a rent, if demanded, of $1 per year; and on other terms decided by the chief executive; or otherwise—on terms agreed between the parties.\n(sec.240-ssec.5) A sublease by the State under subsection (4) (a) may include an option to renew the sublease.\n(sec.240-ssec.6) The terms of the option and the renewed sublease are to be decided by the chief executive.\n(sec.240-ssec.6A) Subsections (2) to (6) are subject to section 240AA .\n(sec.240-ssec.7) The Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of a sublease to a railway manager under subsection (4) or a sublease to a railway manager granted under the exercise of an option mentioned in subsection (5) .\n(sec.240-ssec.7A) If acquired land is freehold land, the chief executive must require the registrar of titles to include the freehold land in the perpetual lease by a written notice made under this section, instead of under the Land Act 1994 , section 360A (3) .\n(sec.240-ssec.7B) The registrar of titles must amend the description in the following documents to include the freehold land— the perpetual lease; the sublease mentioned in subsection (4) .\n(sec.240-ssec.7C) When the registrar of titles registers the amendment to the perpetual lease— the freehold land— is surrendered absolutely; and becomes part of the rail transport corridor under the perpetual lease and the sublease; and despite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\n(sec.240-ssec.7D) The chief executive must give to the holder of an interest in the acquired land extinguished under the Land Act 1994 , section 331 (2) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 240AAA .\n(sec.240-ssec.8) If the manager attaches any rail transport infrastructure or any other works or structures to the acquired land, they remain the manager’s property until the manager disposes of them.\n(sec.240-ssec.9) In this section— acquires includes acquires by— gift; and surrender of a sublease previously granted to a railway manager; and exchange; and purchase. full costs , of an acquisition, includes (if the acquired land consists of a lease to the State) all rent or other money payable by the State under the lease granted to the State during the term of— the sublease of the acquired land from the State to the manager under subsection (4) ; and any renewal of the sublease to the manager. perpetual lease means the lease mentioned in subsection (3) . registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 .\n- (a) the State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or\n- (b) the chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor.\n- (a) the Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and\n- (b) despite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and\n- (c) despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\n- (a) if the manager agrees to meet the full costs of the acquisition— (i) for a term of not more than 100 years; and (ii) for a rent, if demanded, of $1 per year; and (iii) on other terms decided by the chief executive; or\n- (i) for a term of not more than 100 years; and\n- (ii) for a rent, if demanded, of $1 per year; and\n- (iii) on other terms decided by the chief executive; or\n- (b) otherwise—on terms agreed between the parties.\n- (i) for a term of not more than 100 years; and\n- (ii) for a rent, if demanded, of $1 per year; and\n- (iii) on other terms decided by the chief executive; or\n- (a) the perpetual lease;\n- (b) the sublease mentioned in subsection (4) .\n- (a) the freehold land— (i) is surrendered absolutely; and (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and\n- (i) is surrendered absolutely; and\n- (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and\n- (b) despite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and\n- (c) despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\n- (i) is surrendered absolutely; and\n- (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and\n- (a) that the holder’s interest is extinguished; and\n- (b) the date the interest is extinguished; and\n- (c) that the holder has the right to compensation under section 240AAA .\n- (a) gift; and\n- (b) surrender of a sublease previously granted to a railway manager; and\n- (c) exchange; and\n- (d) purchase.\n- (a) the sublease of the acquired land from the State to the manager under subsection (4) ; and\n- (b) any renewal of the sublease to the manager.\n- (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or\n- (b) a registered interest under the Land Title Act 1994 .","sortOrder":389},{"sectionNumber":"sec.240AAA","sectionType":"section","heading":"Compensation for registered interests not continued","content":"### sec.240AAA Compensation for registered interests not continued\n\nA person who is given a written notice under section 240 (7D) has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\nFor applying the Acquisition of Land Act 1967 under subsection (1) —\nthe State is the constructing authority; and\nfor section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of—\nthe claim given by the claimant to the State; and\nthe registration confirmation statement evidencing that the interest is extinguished; and\nthe reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date the interest was extinguished.\nOther than as stated in this section, a person has no right to compensation for the inclusion of land in the perpetual lease under section 240 .\nIn this section—\nregistration confirmation statement , for land, means a document issued by the registrar under the Land Title Act 1994 showing all registered interests under that Act in the land.\ns 240AAA ins 2020 No. 21 s 36\n(sec.240AAA-ssec.1) A person who is given a written notice under section 240 (7D) has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\n(sec.240AAA-ssec.2) For applying the Acquisition of Land Act 1967 under subsection (1) — the State is the constructing authority; and for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of— the claim given by the claimant to the State; and the registration confirmation statement evidencing that the interest is extinguished; and the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date the interest was extinguished.\n(sec.240AAA-ssec.3) Other than as stated in this section, a person has no right to compensation for the inclusion of land in the perpetual lease under section 240 .\n(sec.240AAA-ssec.4) In this section— registration confirmation statement , for land, means a document issued by the registrar under the Land Title Act 1994 showing all registered interests under that Act in the land.\n- (a) the State is the constructing authority; and\n- (b) for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of— (i) the claim given by the claimant to the State; and (ii) the registration confirmation statement evidencing that the interest is extinguished; and\n- (i) the claim given by the claimant to the State; and\n- (ii) the registration confirmation statement evidencing that the interest is extinguished; and\n- (c) the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date the interest was extinguished.\n- (i) the claim given by the claimant to the State; and\n- (ii) the registration confirmation statement evidencing that the interest is extinguished; and","sortOrder":390},{"sectionNumber":"sec.240AA","sectionType":"section","heading":"Interests in commercial corridor land continue after acquisition","content":"### sec.240AA Interests in commercial corridor land continue after acquisition\n\nThis section applies if—\nthe acquired land mentioned in section 240 (1) (a) is commercial corridor land; and\nthe land—\nbecomes unallocated State land; and\nis subleased to a railway manager under section 240 (4) .\nAll interests in the acquired land, other than the interest of the owner, at the time the acquired land becomes unallocated State land continue in the sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\nSubsection (2) applies despite the Land Act 1994 , section 331 (2) .\nThe registrar of titles must record each registered interest continued under subsection (2) on the sublease in the leasehold land register.\nIn this section—\nowner , of acquired land, means the owner of the acquired land before it becomes unallocated State land.\nregistered interest means an interest registered under the Land Title Act 1994 .\ns 240AA ins 2008 No. 67 s 135\n(sec.240AA-ssec.1) This section applies if— the acquired land mentioned in section 240 (1) (a) is commercial corridor land; and the land— becomes unallocated State land; and is subleased to a railway manager under section 240 (4) .\n(sec.240AA-ssec.2) All interests in the acquired land, other than the interest of the owner, at the time the acquired land becomes unallocated State land continue in the sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest.\n(sec.240AA-ssec.3) Subsection (2) applies despite the Land Act 1994 , section 331 (2) .\n(sec.240AA-ssec.4) The registrar of titles must record each registered interest continued under subsection (2) on the sublease in the leasehold land register.\n(sec.240AA-ssec.5) In this section— owner , of acquired land, means the owner of the acquired land before it becomes unallocated State land. registered interest means an interest registered under the Land Title Act 1994 .\n- (a) the acquired land mentioned in section 240 (1) (a) is commercial corridor land; and\n- (b) the land— (i) becomes unallocated State land; and (ii) is subleased to a railway manager under section 240 (4) .\n- (i) becomes unallocated State land; and\n- (ii) is subleased to a railway manager under section 240 (4) .\n- (i) becomes unallocated State land; and\n- (ii) is subleased to a railway manager under section 240 (4) .","sortOrder":391},{"sectionNumber":"sec.240A","sectionType":"section","heading":"Registered interests in rail corridor land","content":"### sec.240A Registered interests in rail corridor land\n\nThis section applies if—\na railway manager’s sublease for a section of rail corridor land—\nexpires; or\nis surrendered or terminated; and\nthere is a registered interest in the railway manager’s sublease for that section of rail corridor land.\nAfter the expiry, surrender or termination, the registered interest in the sublease continues on the same terms as a registered interest in the lease for the section of the non-rail corridor land, with the State as lessee substituted for the railway manager as a party to the registered interest.\nBy definition, rail corridor land becomes non-rail corridor land on expiry, surrender or termination of the sublease.\nSubsection (2) applies despite the Land Act 1994 , section 372 .\ns 240A ins 2007 No. 6 s 21\namd 2008 No. 67 s 136\n(sec.240A-ssec.1) This section applies if— a railway manager’s sublease for a section of rail corridor land— expires; or is surrendered or terminated; and there is a registered interest in the railway manager’s sublease for that section of rail corridor land.\n(sec.240A-ssec.2) After the expiry, surrender or termination, the registered interest in the sublease continues on the same terms as a registered interest in the lease for the section of the non-rail corridor land, with the State as lessee substituted for the railway manager as a party to the registered interest. By definition, rail corridor land becomes non-rail corridor land on expiry, surrender or termination of the sublease.\n(sec.240A-ssec.3) Subsection (2) applies despite the Land Act 1994 , section 372 .\n- (a) a railway manager’s sublease for a section of rail corridor land— (i) expires; or (ii) is surrendered or terminated; and\n- (i) expires; or\n- (ii) is surrendered or terminated; and\n- (b) there is a registered interest in the railway manager’s sublease for that section of rail corridor land.\n- (i) expires; or\n- (ii) is surrendered or terminated; and","sortOrder":392},{"sectionNumber":"sec.240B","sectionType":"section","heading":"Unregistered rights in rail corridor land","content":"### sec.240B Unregistered rights in rail corridor land\n\nThis section applies if—\na railway manager’s sublease for a section of rail corridor land—\nis to expire or be surrendered; or\nis terminated; and\nthere is an unregistered right in the railway manager’s sublease for that section of rail corridor land.\nIf the sublease is to expire or be surrendered, the railway manager must give the chief executive details of all unregistered rights in the sublease at least 3 months before the expiry or surrender of the sublease.\nSubsection (2) does not apply to a sublease that is to expire if the railway manager and the chief executive, acting on behalf of the State, agree to renew the sublease before or immediately after the expiry.\nIf the sublease is terminated, the railway manager must give the chief executive details of all unregistered rights in the sublease within 3 months after the termination of the sublease.\nAfter the expiry, surrender or termination, an unregistered right in the railway manager’s sublease for that section of rail corridor land continues on the same terms as an unregistered right in the lease for the section of the non-rail corridor land, with the State as lessee substituted for the railway manager as a party to the unregistered right.\nThe chief executive may at any time revoke an unregistered right that is continued under subsection (3) if the chief executive considers—\nthe use of the right would affect the safety or operational integrity of the land as a railway or would adversely affect another transport purpose; or\nthe holder of the right has not complied with any conditions imposed on the right by the railway manager or the chief executive; or\nthe right is being used in a way that is contrary to the provisions of—\nthe perpetual lease of the land to the State; or\nthe Land Act 1994 .\nA person whose interest is affected by the chief executive’s decision under subsection (4) (a) is entitled to be paid compensation by the State for the loss for the unexpired portion of the unregistered right, but only if—\nthe person had paid the railway manager for the unregistered right; or\nthe person is the owner of land adjacent to the section of rail corridor land the subject of the sublease that has expired or been surrendered or terminated and, as part of the acquisition agreement or settlement of that section of the rail corridor land from the person or a previous owner of the land, the unregistered right mentioned in subsection (3) was granted.\nThe person is entitled to be paid, because of the revocation of the right, the reasonable compensation that is agreed between the person and the chief executive, or failing agreement, that is decided by a court.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of a debt equal to the amount of compensation claimed.\nSubsection (5) does not prevent an ex gratia payment from being made to a person under the Financial Accountability Act 2009 .\ns 240B ins 2007 No. 6 s 21\namd 2008 No. 67 s 137 ; 2009 No. 9 s 136 sch 1\n(sec.240B-ssec.1) This section applies if— a railway manager’s sublease for a section of rail corridor land— is to expire or be surrendered; or is terminated; and there is an unregistered right in the railway manager’s sublease for that section of rail corridor land.\n(sec.240B-ssec.2) If the sublease is to expire or be surrendered, the railway manager must give the chief executive details of all unregistered rights in the sublease at least 3 months before the expiry or surrender of the sublease.\n(sec.240B-ssec.2A) Subsection (2) does not apply to a sublease that is to expire if the railway manager and the chief executive, acting on behalf of the State, agree to renew the sublease before or immediately after the expiry.\n(sec.240B-ssec.2B) If the sublease is terminated, the railway manager must give the chief executive details of all unregistered rights in the sublease within 3 months after the termination of the sublease.\n(sec.240B-ssec.3) After the expiry, surrender or termination, an unregistered right in the railway manager’s sublease for that section of rail corridor land continues on the same terms as an unregistered right in the lease for the section of the non-rail corridor land, with the State as lessee substituted for the railway manager as a party to the unregistered right.\n(sec.240B-ssec.4) The chief executive may at any time revoke an unregistered right that is continued under subsection (3) if the chief executive considers— the use of the right would affect the safety or operational integrity of the land as a railway or would adversely affect another transport purpose; or the holder of the right has not complied with any conditions imposed on the right by the railway manager or the chief executive; or the right is being used in a way that is contrary to the provisions of— the perpetual lease of the land to the State; or the Land Act 1994 .\n(sec.240B-ssec.5) A person whose interest is affected by the chief executive’s decision under subsection (4) (a) is entitled to be paid compensation by the State for the loss for the unexpired portion of the unregistered right, but only if— the person had paid the railway manager for the unregistered right; or the person is the owner of land adjacent to the section of rail corridor land the subject of the sublease that has expired or been surrendered or terminated and, as part of the acquisition agreement or settlement of that section of the rail corridor land from the person or a previous owner of the land, the unregistered right mentioned in subsection (3) was granted.\n(sec.240B-ssec.6) The person is entitled to be paid, because of the revocation of the right, the reasonable compensation that is agreed between the person and the chief executive, or failing agreement, that is decided by a court.\n(sec.240B-ssec.7) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of a debt equal to the amount of compensation claimed.\n(sec.240B-ssec.8) Subsection (5) does not prevent an ex gratia payment from being made to a person under the Financial Accountability Act 2009 .\n- (a) a railway manager’s sublease for a section of rail corridor land— (i) is to expire or be surrendered; or (ii) is terminated; and\n- (i) is to expire or be surrendered; or\n- (ii) is terminated; and\n- (b) there is an unregistered right in the railway manager’s sublease for that section of rail corridor land.\n- (i) is to expire or be surrendered; or\n- (ii) is terminated; and\n- (a) the use of the right would affect the safety or operational integrity of the land as a railway or would adversely affect another transport purpose; or\n- (b) the holder of the right has not complied with any conditions imposed on the right by the railway manager or the chief executive; or\n- (c) the right is being used in a way that is contrary to the provisions of— (i) the perpetual lease of the land to the State; or (ii) the Land Act 1994 .\n- (i) the perpetual lease of the land to the State; or\n- (ii) the Land Act 1994 .\n- (i) the perpetual lease of the land to the State; or\n- (ii) the Land Act 1994 .\n- (a) the person had paid the railway manager for the unregistered right; or\n- (b) the person is the owner of land adjacent to the section of rail corridor land the subject of the sublease that has expired or been surrendered or terminated and, as part of the acquisition agreement or settlement of that section of the rail corridor land from the person or a previous owner of the land, the unregistered right mentioned in subsection (3) was granted.","sortOrder":393},{"sectionNumber":"sec.240C","sectionType":"section","heading":"Lease of non-rail corridor land to railway manager","content":"### sec.240C Lease of non-rail corridor land to railway manager\n\nThis section applies if the chief executive subleases a section of non-rail corridor land to a railway manager.\nWhen the registrar of titles registers the sublease in the leasehold land register—\nthe sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and\nthe railway manager as sublessee is substituted for the State as a party to any lesser registered interest.\nAlso, when the registrar of titles registers the sublease in the leasehold land register—\nthe State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the railway manager as sublessee; and\nthe railway manager is substituted for the State as a party to the unregistered right.\nSubsection (2) applies despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 .\ns 240C ins 2007 No. 6 s 21\namd 2023 No. 27 s 289 sch 3\n(sec.240C-ssec.1) This section applies if the chief executive subleases a section of non-rail corridor land to a railway manager.\n(sec.240C-ssec.2) When the registrar of titles registers the sublease in the leasehold land register— the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and the railway manager as sublessee is substituted for the State as a party to any lesser registered interest.\n(sec.240C-ssec.3) Also, when the registrar of titles registers the sublease in the leasehold land register— the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the railway manager as sublessee; and the railway manager is substituted for the State as a party to the unregistered right.\n(sec.240C-ssec.4) Subsection (2) applies despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 .\n- (a) the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and\n- (b) the railway manager as sublessee is substituted for the State as a party to any lesser registered interest.\n- (a) the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the railway manager as sublessee; and\n- (b) the railway manager is substituted for the State as a party to the unregistered right.","sortOrder":394},{"sectionNumber":"sec.240D","sectionType":"section","heading":"Lease of non-rail corridor land to local government or government entity","content":"### sec.240D Lease of non-rail corridor land to local government or government entity\n\nThis section applies if the chief executive subleases a section of non-rail corridor land to a local government or government entity that is not a railway manager.\nWhen the registrar of titles registers the sublease in the leasehold land register—\nthe sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and\nthe local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest.\nHowever, subsection (2) does not apply to a registered interest that was registered before the sublease is registered if, when the sublease is registered, a provision in the sublease states that subsection (2) does not apply to the registered interest.\nAlso, when the registrar of titles registers the sublease in the leasehold land register—\nthe State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and\nthe local government or government entity is substituted for the State as a party to the unregistered right.\nSubsections (2) and (3) apply despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 .\ns 240D ins 2007 No. 6 s 21\namd 2023 No. 27 s 289 sch 3\n(sec.240D-ssec.1) This section applies if the chief executive subleases a section of non-rail corridor land to a local government or government entity that is not a railway manager.\n(sec.240D-ssec.2) When the registrar of titles registers the sublease in the leasehold land register— the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and the local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest.\n(sec.240D-ssec.3) However, subsection (2) does not apply to a registered interest that was registered before the sublease is registered if, when the sublease is registered, a provision in the sublease states that subsection (2) does not apply to the registered interest.\n(sec.240D-ssec.4) Also, when the registrar of titles registers the sublease in the leasehold land register— the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and the local government or government entity is substituted for the State as a party to the unregistered right.\n(sec.240D-ssec.5) Subsections (2) and (3) apply despite the Property Law Act 2023 , section 145 and the Land Act 1994 , section 298 .\n- (a) the sublease is taken to be the next vested right to, or be next in priority to, the perpetual lease of the section of the land to the State; and\n- (b) the local government or government entity as sublessee is substituted for the State as a party to any lesser registered interest.\n- (a) the State’s rights and obligations in an unregistered right in the section of the land are taken to be vested in the local government or government entity as sublessee; and\n- (b) the local government or government entity is substituted for the State as a party to the unregistered right.","sortOrder":395},{"sectionNumber":"sec.240E","sectionType":"section","heading":"Access arrangements across proposed railway","content":"### sec.240E Access arrangements across proposed railway\n\nThis section applies if—\nthe chief executive enters into an agreement with a person about land ( relevant land )—\nthat the State proposes to acquire as mentioned in section 240 (1) (a) ; or\nthat is non-rail corridor land mentioned in section 240 (1) (b) ; and\nthe relevant land is, or is proposed to be, future railway land; and\nthe person is the railway manager for a proposed railway to be constructed on the relevant land; and\nthe owner of land adjacent to the relevant land (the land-owner )—\nowns the relevant land; or\nhas a right of access over the relevant land; and\nthe land-owner requires access across the proposed railway.\nThe land-owner may ask the railway manager for a right of access across the proposed railway.\nThe railway manager must—\nnegotiate with the land-owner about a right of access across the proposed railway; and\nhave regard to the relevant matters for the proposed railway; and\neither—\nprovide a right of access across the proposed railway; or\nrefuse to provide a right of access across the proposed railway.\nSubsection (5) applies if—\nthe railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or\nthe railway manager refuses to provide a right of access across the proposed railway.\nThe railway manager or the land-owner may ask the chief executive to decide whether a right of access across the proposed railway should be granted.\nIn deciding whether or not to grant a right of access across the proposed railway, the chief executive—\nmust have regard to the relevant matters for the proposed railway; and\nmust consult with the railway manager about what, if any, conditions should be imposed on the right of access; and\nmay ask the railway manager or the land-owner for any other information the chief executive needs to make a decision.\nThe railway manager or the land-owner must give the chief executive the information the chief executive asks for.\nThe chief executive must decide—\nto grant a right of access across the proposed railway; or\nnot to grant a right of access across the proposed railway; or\nnot to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner.\nIf the chief executive decides to grant a right of access under subsection (8) (a) , or not to grant a right of access under subsection (8) (b) , the chief executive must notify, in writing, the railway manager and the land-owner about the decision.\nThe railway manager must meet the full cost of any works required for the purpose of a right of access granted by the chief executive across the proposed railway.\nA right of access across a proposed railway given or granted under this section may be given or granted with or without conditions.\nWithout limiting the conditions the chief executive may impose on a right of access across a proposed railway, the chief executive may impose a condition that the right of access may be used only for a stated approved use.\nIn this section—\nrailway manager includes a proposed railway manager.\nrelevant matters , for a proposed railway, means—\nthe safety and operational integrity of the proposed railway; and\nthe need to limit the number of level crossings across the proposed railway; and\nthe cost of providing a right of access across the proposed railway.\ns 240E ins 2008 No. 31 s 16\n(sec.240E-ssec.1) This section applies if— the chief executive enters into an agreement with a person about land ( relevant land )— that the State proposes to acquire as mentioned in section 240 (1) (a) ; or that is non-rail corridor land mentioned in section 240 (1) (b) ; and the relevant land is, or is proposed to be, future railway land; and the person is the railway manager for a proposed railway to be constructed on the relevant land; and the owner of land adjacent to the relevant land (the land-owner )— owns the relevant land; or has a right of access over the relevant land; and the land-owner requires access across the proposed railway.\n(sec.240E-ssec.2) The land-owner may ask the railway manager for a right of access across the proposed railway.\n(sec.240E-ssec.3) The railway manager must— negotiate with the land-owner about a right of access across the proposed railway; and have regard to the relevant matters for the proposed railway; and either— provide a right of access across the proposed railway; or refuse to provide a right of access across the proposed railway.\n(sec.240E-ssec.4) Subsection (5) applies if— the railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or the railway manager refuses to provide a right of access across the proposed railway.\n(sec.240E-ssec.5) The railway manager or the land-owner may ask the chief executive to decide whether a right of access across the proposed railway should be granted.\n(sec.240E-ssec.6) In deciding whether or not to grant a right of access across the proposed railway, the chief executive— must have regard to the relevant matters for the proposed railway; and must consult with the railway manager about what, if any, conditions should be imposed on the right of access; and may ask the railway manager or the land-owner for any other information the chief executive needs to make a decision.\n(sec.240E-ssec.7) The railway manager or the land-owner must give the chief executive the information the chief executive asks for.\n(sec.240E-ssec.8) The chief executive must decide— to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway; or not to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner.\n(sec.240E-ssec.9) If the chief executive decides to grant a right of access under subsection (8) (a) , or not to grant a right of access under subsection (8) (b) , the chief executive must notify, in writing, the railway manager and the land-owner about the decision.\n(sec.240E-ssec.10) The railway manager must meet the full cost of any works required for the purpose of a right of access granted by the chief executive across the proposed railway.\n(sec.240E-ssec.11) A right of access across a proposed railway given or granted under this section may be given or granted with or without conditions.\n(sec.240E-ssec.12) Without limiting the conditions the chief executive may impose on a right of access across a proposed railway, the chief executive may impose a condition that the right of access may be used only for a stated approved use.\n(sec.240E-ssec.13) In this section— railway manager includes a proposed railway manager. relevant matters , for a proposed railway, means— the safety and operational integrity of the proposed railway; and the need to limit the number of level crossings across the proposed railway; and the cost of providing a right of access across the proposed railway.\n- (a) the chief executive enters into an agreement with a person about land ( relevant land )— (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and\n- (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or\n- (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and\n- (b) the relevant land is, or is proposed to be, future railway land; and\n- (c) the person is the railway manager for a proposed railway to be constructed on the relevant land; and\n- (d) the owner of land adjacent to the relevant land (the land-owner )— (i) owns the relevant land; or (ii) has a right of access over the relevant land; and\n- (i) owns the relevant land; or\n- (ii) has a right of access over the relevant land; and\n- (e) the land-owner requires access across the proposed railway.\n- (i) that the State proposes to acquire as mentioned in section 240 (1) (a) ; or\n- (ii) that is non-rail corridor land mentioned in section 240 (1) (b) ; and\n- (i) owns the relevant land; or\n- (ii) has a right of access over the relevant land; and\n- (a) negotiate with the land-owner about a right of access across the proposed railway; and\n- (b) have regard to the relevant matters for the proposed railway; and\n- (c) either— (i) provide a right of access across the proposed railway; or (ii) refuse to provide a right of access across the proposed railway.\n- (i) provide a right of access across the proposed railway; or\n- (ii) refuse to provide a right of access across the proposed railway.\n- (i) provide a right of access across the proposed railway; or\n- (ii) refuse to provide a right of access across the proposed railway.\n- (a) the railway manager and the land-owner do not agree on a right of access across the proposed railway, including about any conditions to which the right of access is subject; or\n- (b) the railway manager refuses to provide a right of access across the proposed railway.\n- (a) must have regard to the relevant matters for the proposed railway; and\n- (b) must consult with the railway manager about what, if any, conditions should be imposed on the right of access; and\n- (c) may ask the railway manager or the land-owner for any other information the chief executive needs to make a decision.\n- (a) to grant a right of access across the proposed railway; or\n- (b) not to grant a right of access across the proposed railway; or\n- (c) not to grant a right of access across the proposed railway and refer the matter of a right of access back to the railway manager for further negotiation with the land-owner.\n- (a) the safety and operational integrity of the proposed railway; and\n- (b) the need to limit the number of level crossings across the proposed railway; and\n- (c) the cost of providing a right of access across the proposed railway.","sortOrder":396},{"sectionNumber":"sec.240F","sectionType":"section","heading":"Cancellation of right of access","content":"### sec.240F Cancellation of right of access\n\nThis section applies if relevant land under section 240E becomes rail corridor land.\nSubject to subsection (3) , a right of access granted by the chief executive under section 240E (8) (a) remains in force—\nwhile the relevant land is rail corridor land; or\nif the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land.\nA right of access granted by the chief executive under section 240E (8) (a) may be cancelled—\nby written agreement between the relevant entity for the relevant land and the holder of the right of access; or\nby the chief executive if—\nthe holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or\nthe chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose.\nIf the chief executive cancels a right of access under subsection (3) (b) (ii) , the owner of land affected by the decision is entitled to be paid reasonable compensation for the loss of the use of the right of access—\nas agreed between the owner and the relevant entity for the relevant land; or\nfailing agreement under paragraph (a) , as decided by the Land Court.\nFor subsection (4) , if the right of access was granted subject to a condition that it be used only for a stated approved use, the owner is entitled to be paid compensation only for the loss of the approved use of the right of access.\nCompensation may be claimed and ordered to be paid in a proceeding brought in the Land Court.\nIn this section—\nrelevant entity means—\nfor relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or\nfor relevant land that becomes non-rail corridor land—the chief executive.\ns 240F ins 2008 No. 31 s 16\namd 2008 No. 67 s 138\n(sec.240F-ssec.1) This section applies if relevant land under section 240E becomes rail corridor land.\n(sec.240F-ssec.2) Subject to subsection (3) , a right of access granted by the chief executive under section 240E (8) (a) remains in force— while the relevant land is rail corridor land; or if the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land.\n(sec.240F-ssec.3) A right of access granted by the chief executive under section 240E (8) (a) may be cancelled— by written agreement between the relevant entity for the relevant land and the holder of the right of access; or by the chief executive if— the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose.\n(sec.240F-ssec.4) If the chief executive cancels a right of access under subsection (3) (b) (ii) , the owner of land affected by the decision is entitled to be paid reasonable compensation for the loss of the use of the right of access— as agreed between the owner and the relevant entity for the relevant land; or failing agreement under paragraph (a) , as decided by the Land Court.\n(sec.240F-ssec.5) For subsection (4) , if the right of access was granted subject to a condition that it be used only for a stated approved use, the owner is entitled to be paid compensation only for the loss of the approved use of the right of access.\n(sec.240F-ssec.6) Compensation may be claimed and ordered to be paid in a proceeding brought in the Land Court.\n(sec.240F-ssec.7) In this section— relevant entity means— for relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or for relevant land that becomes non-rail corridor land—the chief executive.\n- (a) while the relevant land is rail corridor land; or\n- (b) if the relevant land becomes non-rail corridor land—while the relevant land is non-rail corridor land.\n- (a) by written agreement between the relevant entity for the relevant land and the holder of the right of access; or\n- (b) by the chief executive if— (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose.\n- (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or\n- (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose.\n- (i) the holder of the right of access does not comply with any conditions imposed by the chief executive under section 240E (8) (a) on the right of access; or\n- (ii) the chief executive considers that the use of the right of access would affect the safety or operational integrity of the railway on the relevant land or would adversely affect another transport purpose.\n- (a) as agreed between the owner and the relevant entity for the relevant land; or\n- (b) failing agreement under paragraph (a) , as decided by the Land Court.\n- (a) for relevant land that is rail corridor land—both the chief executive and the railway manager for the land; or\n- (b) for relevant land that becomes non-rail corridor land—the chief executive.","sortOrder":397},{"sectionNumber":"sec.241","sectionType":"section","heading":"Railway tunnel easements","content":"### sec.241 Railway tunnel easements\n\nThis section applies to an easement described in schedule 4 , despite the terms of the easement.\nThe State may grant a licence in relation to the easement to a railway manager.\nIf the State grants a licence as mentioned in subsection (2) , the railway manager may grant a sublicence to a railway operator.\nNo compensation is payable to the grantor of the easement because of any vesting, transfer, licence or sublicence under this section.\ns 241 ins 2001 No. 79 s 29\namd 2008 No. 67 s 139 ; 2014 No. 43 s 117 sch 1\n(sec.241-ssec.1) This section applies to an easement described in schedule 4 , despite the terms of the easement.\n(sec.241-ssec.2) The State may grant a licence in relation to the easement to a railway manager.\n(sec.241-ssec.3) If the State grants a licence as mentioned in subsection (2) , the railway manager may grant a sublicence to a railway operator.\n(sec.241-ssec.4) No compensation is payable to the grantor of the easement because of any vesting, transfer, licence or sublicence under this section.","sortOrder":398},{"sectionNumber":"sec.242","sectionType":"section","heading":"What is future railway land","content":"### sec.242 What is future railway land\n\nLand becomes future railway land when the chief executive, by written notice to the relevant local government and in the gazette, indicates that the land is intended to be used for a railway.\nFuture railway land ceases to be future railway land when it is subleased to a railway manager under section 240 (4) .\nIf the chief executive decides that future railway land is no longer to be used for a railway, the chief executive must give written notice of that fact to the relevant local government and in the gazette.\ns 242 ins 2001 No. 79 s 29\namd 2007 No. 6 s 19 sch 1\n(sec.242-ssec.1) Land becomes future railway land when the chief executive, by written notice to the relevant local government and in the gazette, indicates that the land is intended to be used for a railway.\n(sec.242-ssec.2) Future railway land ceases to be future railway land when it is subleased to a railway manager under section 240 (4) .\n(sec.242-ssec.3) If the chief executive decides that future railway land is no longer to be used for a railway, the chief executive must give written notice of that fact to the relevant local government and in the gazette.","sortOrder":399},{"sectionNumber":"sec.243","sectionType":"section","heading":"Status of railway land","content":"### sec.243 Status of railway land\n\nThe railway manager for corridor land is, for any rail transport infrastructure on the land or proposed to be constructed on the land, subject to the same controls and exemptions under State and local laws that an agency of the State would be if it had the manager’s interest in the land.\nIn this section—\ncorridor land means—\ncommercial corridor land that is not leased by the railway manager on a commercial basis; or\nexisting rail corridor land, or new rail corridor land, that is not subleased by the railway manager on a commercial basis; or\nfuture railway land.\nrailway manager , for corridor land, means the person who is an accredited rail infrastructure manager in relation to railway operations for the railway or proposed railway on or proposed to be on the corridor land.\ns 243 prev s 243 (prev s 129 (orig s 90)) renum 1994 No. 32 s 12 ; 1994 No. 43 s 143 sch 3\nom 18 November 1994 RA s 40\npres s 243 ins 1995 No. 32 s 11\namd 1998 No. 33 s 8 (retro); 2005 No. 67 s 33 ; 2010 No. 6 s 337\n(sec.243-ssec.1) The railway manager for corridor land is, for any rail transport infrastructure on the land or proposed to be constructed on the land, subject to the same controls and exemptions under State and local laws that an agency of the State would be if it had the manager’s interest in the land.\n(sec.243-ssec.2) In this section— corridor land means— commercial corridor land that is not leased by the railway manager on a commercial basis; or existing rail corridor land, or new rail corridor land, that is not subleased by the railway manager on a commercial basis; or future railway land. railway manager , for corridor land, means the person who is an accredited rail infrastructure manager in relation to railway operations for the railway or proposed railway on or proposed to be on the corridor land.\n- (a) commercial corridor land that is not leased by the railway manager on a commercial basis; or\n- (b) existing rail corridor land, or new rail corridor land, that is not subleased by the railway manager on a commercial basis; or\n- (c) future railway land.","sortOrder":400},{"sectionNumber":"sec.244","sectionType":"section","heading":"Existing rail transport infrastructure on land","content":"### sec.244 Existing rail transport infrastructure on land\n\nThis section applies if at the commencement—\nrail transport infrastructure was on land that is not owned or leased by Queensland Rail; and\nthe previous rail corporation had managed a railway using the rail transport infrastructure.\nAfter the commencement—\nthe rail transport infrastructure may stay on the land; and\nthe railway manager may—\nalter the rail transport infrastructure; and\nmanage the railway using the rail transport infrastructure, whether or not altered; and\noperate, or authorise a railway operator to operate, rolling stock on the railway.\nA person has no interest in, or right to, the rail transport infrastructure (whether or not altered) on land only because the person has an interest in the land.\ns 244 ins 1995 No. 32 s 11\namd 1997 No. 66 s 45\n(sec.244-ssec.1) This section applies if at the commencement— rail transport infrastructure was on land that is not owned or leased by Queensland Rail; and the previous rail corporation had managed a railway using the rail transport infrastructure.\n(sec.244-ssec.2) After the commencement— the rail transport infrastructure may stay on the land; and the railway manager may— alter the rail transport infrastructure; and manage the railway using the rail transport infrastructure, whether or not altered; and operate, or authorise a railway operator to operate, rolling stock on the railway.\n(sec.244-ssec.3) A person has no interest in, or right to, the rail transport infrastructure (whether or not altered) on land only because the person has an interest in the land.\n- (a) rail transport infrastructure was on land that is not owned or leased by Queensland Rail; and\n- (b) the previous rail corporation had managed a railway using the rail transport infrastructure.\n- (a) the rail transport infrastructure may stay on the land; and\n- (b) the railway manager may— (i) alter the rail transport infrastructure; and (ii) manage the railway using the rail transport infrastructure, whether or not altered; and (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.\n- (i) alter the rail transport infrastructure; and\n- (ii) manage the railway using the rail transport infrastructure, whether or not altered; and\n- (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.\n- (i) alter the rail transport infrastructure; and\n- (ii) manage the railway using the rail transport infrastructure, whether or not altered; and\n- (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.","sortOrder":401},{"sectionNumber":"sec.244A","sectionType":"section","heading":"Duplicated and replacement rail infrastructure on land","content":"### sec.244A Duplicated and replacement rail infrastructure on land\n\nThis section applies if at the commencement of this section—\nrail transport infrastructure has been constructed or installed on land mentioned in section 244 (1) (a) or on land adjacent to that land; and\nthe rail transport infrastructure augments, duplicates or replaces rail transport infrastructure to which section 244 applied.\nAfter the commencement of this section—\nthe rail transport infrastructure may stay on the land; and\nthe railway manager may—\nalter the rail transport infrastructure; and\nmanage the railway using the rail transport infrastructure, whether or not altered; and\noperate, or authorise a railway operator to operate, rolling stock on the railway.\nA person has no interest in, or right to, the rail transport infrastructure (whether or not altered) on land only because the person has an interest in the land.\ns 244A ins 2010 No. 19 s 69\n(sec.244A-ssec.1) This section applies if at the commencement of this section— rail transport infrastructure has been constructed or installed on land mentioned in section 244 (1) (a) or on land adjacent to that land; and the rail transport infrastructure augments, duplicates or replaces rail transport infrastructure to which section 244 applied.\n(sec.244A-ssec.2) After the commencement of this section— the rail transport infrastructure may stay on the land; and the railway manager may— alter the rail transport infrastructure; and manage the railway using the rail transport infrastructure, whether or not altered; and operate, or authorise a railway operator to operate, rolling stock on the railway.\n(sec.244A-ssec.3) A person has no interest in, or right to, the rail transport infrastructure (whether or not altered) on land only because the person has an interest in the land.\n- (a) rail transport infrastructure has been constructed or installed on land mentioned in section 244 (1) (a) or on land adjacent to that land; and\n- (b) the rail transport infrastructure augments, duplicates or replaces rail transport infrastructure to which section 244 applied.\n- (a) the rail transport infrastructure may stay on the land; and\n- (b) the railway manager may— (i) alter the rail transport infrastructure; and (ii) manage the railway using the rail transport infrastructure, whether or not altered; and (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.\n- (i) alter the rail transport infrastructure; and\n- (ii) manage the railway using the rail transport infrastructure, whether or not altered; and\n- (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.\n- (i) alter the rail transport infrastructure; and\n- (ii) manage the railway using the rail transport infrastructure, whether or not altered; and\n- (iii) operate, or authorise a railway operator to operate, rolling stock on the railway.","sortOrder":402},{"sectionNumber":"sec.245","sectionType":"section","heading":"Existing buildings on land","content":"### sec.245 Existing buildings on land\n\nIf, immediately before the commencement, a building of the previous rail corporation was lawfully on land—\nit may stay on the land; and\nits construction is not subject to any approval that did not affect it immediately before the commencement.\nIf, immediately before the commencement, the previous rail corporation’s activities were lawfully being carried out on the land, they may still be carried out on the land despite any change to the zoning of the land.\nIn this section—\nbuilding includes a structure or works.\ns 245 ins 1995 No. 32 s 11\n(sec.245-ssec.1) If, immediately before the commencement, a building of the previous rail corporation was lawfully on land— it may stay on the land; and its construction is not subject to any approval that did not affect it immediately before the commencement.\n(sec.245-ssec.2) If, immediately before the commencement, the previous rail corporation’s activities were lawfully being carried out on the land, they may still be carried out on the land despite any change to the zoning of the land.\n(sec.245-ssec.3) In this section— building includes a structure or works.\n- (a) it may stay on the land; and\n- (b) its construction is not subject to any approval that did not affect it immediately before the commencement.","sortOrder":403},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 ins 1998 No. 33 s 9 (retro)\namd 2009 No. 36 s 872 sch 2\nom 2010 No. 19 s 70","sortOrder":404},{"sectionNumber":"sec.247","sectionType":"section","heading":"Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act","content":"### sec.247 Chief executive taken to be owner of rail corridor land and non-rail corridor land for particular circumstances under Planning Act\n\nThis section applies if—\nthe planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or\nan application made under the Planning Act —\nrelates to rail corridor land or non-rail corridor land; and\nmust, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or\nan application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to—\nthe owner of the premises to which the application relates; or\nthe owner of premises adjoining the premises to which the application relates.\nFor the purposes of the Planning Act , the chief executive is taken to be the owner of the land that is rail corridor land or non-rail corridor land.\ns 247 ins 2002 No. 71 s 11\nsub 2007 No. 6 s 22\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2011 No. 12 s 45 ; 2012 No. 34 s 125 ; 2016 No. 27 s 568\n(sec.247-ssec.1) This section applies if— the planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or an application made under the Planning Act — relates to rail corridor land or non-rail corridor land; and must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or an application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to— the owner of the premises to which the application relates; or the owner of premises adjoining the premises to which the application relates.\n(sec.247-ssec.2) For the purposes of the Planning Act , the chief executive is taken to be the owner of the land that is rail corridor land or non-rail corridor land.\n- (a) the planning Minister or a local government proposes to make, amend, extend the duration of or repeal a designation of premises under the Planning Act , chapter 2 , part 5 and the premises is, or includes, rail corridor land or non-rail corridor land; or\n- (b) an application made under the Planning Act — (i) relates to rail corridor land or non-rail corridor land; and (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or\n- (i) relates to rail corridor land or non-rail corridor land; and\n- (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or\n- (c) an application made under the Planning Act relates to rail corridor land or non-rail corridor land, or premises that adjoin that land, and the applicant must, under that Act, give notice of the application to— (i) the owner of the premises to which the application relates; or (ii) the owner of premises adjoining the premises to which the application relates.\n- (i) the owner of the premises to which the application relates; or\n- (ii) the owner of premises adjoining the premises to which the application relates.\n- (i) relates to rail corridor land or non-rail corridor land; and\n- (ii) must, under that Act, be accompanied by evidence of the consent of the owner of the premises to which the application relates, to the making of the application; or\n- (i) the owner of the premises to which the application relates; or\n- (ii) the owner of premises adjoining the premises to which the application relates.","sortOrder":405},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"General","content":"# General","sortOrder":406},{"sectionNumber":"sec.248","sectionType":"section","heading":"Rail government entity not common carrier","content":"### sec.248 Rail government entity not common carrier\n\nA rail government entity is not a common carrier.\nSee also section 561 in relation to QR Limited and subsidiaries of QR Limited.\ns 248 ins 1995 No. 32 s 11\nsub 2008 No. 67 s 140 ; 2010 No. 19 s 71 ; 2013 No. 19 s 115","sortOrder":407},{"sectionNumber":"sec.249","sectionType":"section","heading":"Railways on particular roads","content":"### sec.249 Railways on particular roads\n\nThis section applies if—\na railway manager—\nholds a sublease of rail corridor land; or\nhas access to future railway land; and\nthe route of the rail corridor land or future railway land—\nis interrupted by a relevant road; and\ncontinues on the other side of the relevant road.\nThe Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the rail corridor land or future railway land.\nIf the Minister declares a common area—\nthe railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and\nthe relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and\nthe relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area.\na level crossing\na bridge or other structure over the road\na bridge or other structure that allows the railway to pass under the road\nAfter a common area is declared—\nthe chief executive must give a copy of the gazette notice to the registrar of titles—\npromptly after the gazette notice is published, if the land is rail corridor land; or\npromptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and\nthe registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register.\nIf a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the relevant person and the railway manager otherwise agree.\nIn this section—\nchief executive for chapter 6 means the chief executive of the department that deals with the administration of chapter 6 .\nrelevant person means—\nfor a State-controlled road—the chief executive for chapter 6 ; or\nfor a franchised road—the franchisee; or\nfor State toll road corridor land—\nthe chief executive for chapter 6 ; or\nif the State toll road corridor land has been leased—the person to whom the land has been leased; or\nfor local government tollway corridor land—\nthe local government; or\nif the local government tollway corridor land has been leased—the person to whom the land has been leased; or\nfor a local government road—the local government.\nrelevant road means—\na State-controlled road; or\na franchised road; or\nState toll road corridor land; or\nlocal government tollway corridor land; or\na local government road.\ns 249 ins 2002 No. 15 s 24 (retro)\namd 2005 No. 67 s 34 ; 2006 No. 21 s 129 ; 2007 No. 6 s 19 sch 1 ; 2011 No. 12 s 46\n(sec.249-ssec.1) This section applies if— a railway manager— holds a sublease of rail corridor land; or has access to future railway land; and the route of the rail corridor land or future railway land— is interrupted by a relevant road; and continues on the other side of the relevant road.\n(sec.249-ssec.2) The Minister may, by gazette notice, declare the part of the relevant road where it interrupts the route to be a common area ( common area ) for the relevant road and the route of the rail corridor land or future railway land.\n(sec.249-ssec.3) If the Minister declares a common area— the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area. a level crossing a bridge or other structure over the road a bridge or other structure that allows the railway to pass under the road\n(sec.249-ssec.4) After a common area is declared— the chief executive must give a copy of the gazette notice to the registrar of titles— promptly after the gazette notice is published, if the land is rail corridor land; or promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register.\n(sec.249-ssec.5) If a railway on a common area stops being used, the railway manager for the railway is responsible for the cost of removing rail transport infrastructure from the common area and restoring the road, unless the relevant person and the railway manager otherwise agree.\n(sec.249-ssec.6) In this section— chief executive for chapter 6 means the chief executive of the department that deals with the administration of chapter 6 . relevant person means— for a State-controlled road—the chief executive for chapter 6 ; or for a franchised road—the franchisee; or for State toll road corridor land— the chief executive for chapter 6 ; or if the State toll road corridor land has been leased—the person to whom the land has been leased; or for local government tollway corridor land— the local government; or if the local government tollway corridor land has been leased—the person to whom the land has been leased; or for a local government road—the local government. relevant road means— a State-controlled road; or a franchised road; or State toll road corridor land; or local government tollway corridor land; or a local government road.\n- (a) a railway manager— (i) holds a sublease of rail corridor land; or (ii) has access to future railway land; and\n- (i) holds a sublease of rail corridor land; or\n- (ii) has access to future railway land; and\n- (b) the route of the rail corridor land or future railway land— (i) is interrupted by a relevant road; and (ii) continues on the other side of the relevant road.\n- (i) is interrupted by a relevant road; and\n- (ii) continues on the other side of the relevant road.\n- (i) holds a sublease of rail corridor land; or\n- (ii) has access to future railway land; and\n- (i) is interrupted by a relevant road; and\n- (ii) continues on the other side of the relevant road.\n- (a) the railway manager for the rail corridor land or future railway land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; and\n- (b) the relevant person for the relevant road may construct, maintain and operate the relevant road on the common area in a way not inconsistent with its use as a railway; and\n- (c) the relevant person for the relevant road and the relevant person’s agents or employees do not have any liability for the railway or its use or operation on the common area. Examples for paragraph (a) — • a level crossing • a bridge or other structure over the road • a bridge or other structure that allows the railway to pass under the road\n- • a level crossing\n- • a bridge or other structure over the road\n- • a bridge or other structure that allows the railway to pass under the road\n- • a level crossing\n- • a bridge or other structure over the road\n- • a bridge or other structure that allows the railway to pass under the road\n- (a) the chief executive must give a copy of the gazette notice to the registrar of titles— (i) promptly after the gazette notice is published, if the land is rail corridor land; or (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and\n- (i) promptly after the gazette notice is published, if the land is rail corridor land; or\n- (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and\n- (b) the registrar of titles must record the declaration on the relevant lease of the rail corridor land to the State and the sublease in the leasehold land register.\n- (i) promptly after the gazette notice is published, if the land is rail corridor land; or\n- (ii) promptly after the land is subleased to the railway manager under section 240 (4) , if the land is future railway land; and\n- (a) for a State-controlled road—the chief executive for chapter 6 ; or\n- (b) for a franchised road—the franchisee; or\n- (c) for State toll road corridor land— (i) the chief executive for chapter 6 ; or (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or\n- (i) the chief executive for chapter 6 ; or\n- (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or\n- (d) for local government tollway corridor land— (i) the local government; or (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or\n- (i) the local government; or\n- (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or\n- (e) for a local government road—the local government.\n- (i) the chief executive for chapter 6 ; or\n- (ii) if the State toll road corridor land has been leased—the person to whom the land has been leased; or\n- (i) the local government; or\n- (ii) if the local government tollway corridor land has been leased—the person to whom the land has been leased; or\n- (a) a State-controlled road; or\n- (b) a franchised road; or\n- (c) State toll road corridor land; or\n- (d) local government tollway corridor land; or\n- (e) a local government road.","sortOrder":408},{"sectionNumber":"sec.250","sectionType":"section","heading":"Altering road levels","content":"### sec.250 Altering road levels\n\nIn constructing or managing a railway, the railway manager for the railway may alter the level of a road or require the authority responsible for the road to alter its level.\nUnless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level.\nA person whose land is directly affected by the alteration is entitled to be paid compensation by the railway manager.\nThe amount of compensation is—\nthe amount agreed between the parties; or\nif the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\nHowever, the amount of compensation can not be more than the amount that would have been awarded if the land had been acquired.\ns 250 ins 1995 No. 32 s 11\n(sec.250-ssec.1) In constructing or managing a railway, the railway manager for the railway may alter the level of a road or require the authority responsible for the road to alter its level.\n(sec.250-ssec.2) Unless the railway manager and the authority responsible for the road agree, the railway manager must pay all reasonable expenses incurred by the authority in altering the road level.\n(sec.250-ssec.3) A person whose land is directly affected by the alteration is entitled to be paid compensation by the railway manager.\n(sec.250-ssec.4) The amount of compensation is— the amount agreed between the parties; or if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.250-ssec.5) However, the amount of compensation can not be more than the amount that would have been awarded if the land had been acquired.\n- (a) the amount agreed between the parties; or\n- (b) if the parties can not agree within a reasonable time—the amount decided by a court with jurisdiction for the recovery of the amount of compensation claimed.","sortOrder":409},{"sectionNumber":"sec.251","sectionType":"section","heading":"Maintaining roads crossing railways","content":"### sec.251 Maintaining roads crossing railways\n\nA railway manager for a railway must maintain—\nthe part of the railway on a road; and\nthe surface of a road, in a character in keeping with the road—\nbetween the rails; and\noutside the outermost rails to a distance of 0.6m.\nIf a railway is built by way of a bridge or other structure over or under a road, the authority that maintained the road before the railway was built must continue to maintain the road under or over the bridge or structure.\ns 251 ins 1995 No. 32 s 11\namd 1997 No. 66 s 46\n(sec.251-ssec.1) A railway manager for a railway must maintain— the part of the railway on a road; and the surface of a road, in a character in keeping with the road— between the rails; and outside the outermost rails to a distance of 0.6m.\n(sec.251-ssec.2) If a railway is built by way of a bridge or other structure over or under a road, the authority that maintained the road before the railway was built must continue to maintain the road under or over the bridge or structure.\n- (a) the part of the railway on a road; and\n- (b) the surface of a road, in a character in keeping with the road— (i) between the rails; and (ii) outside the outermost rails to a distance of 0.6m.\n- (i) between the rails; and\n- (ii) outside the outermost rails to a distance of 0.6m.\n- (i) between the rails; and\n- (ii) outside the outermost rails to a distance of 0.6m.","sortOrder":410},{"sectionNumber":"sec.252","sectionType":"section","heading":"No presumption of dedication of roads","content":"### sec.252 No presumption of dedication of roads\n\nIf the public uses railway land as a road or otherwise for access purposes, the land is not taken to have been dedicated for use as a road even though the use is authorised or allowed by the railway manager.\ns 252 ins 1995 No. 32 s 11","sortOrder":411},{"sectionNumber":"sec.253","sectionType":"section","heading":"Extending roads through or over rail corridor land or non-rail corridor land","content":"### sec.253 Extending roads through or over rail corridor land or non-rail corridor land\n\nThe chief executive may allow a local government to construct, maintain and operate a road on rail corridor land or non-rail corridor land by way of—\na bridge or other structure over relevant infrastructure on the land; or\na bridge or other structure that allows the road to pass under relevant infrastructure on the land; or\na crossing at the same level as relevant infrastructure on the land.\na level crossing\nWithout limiting subsection (1) , a permission may be granted under the subsection in relation to relevant infrastructure that is proposed to be on the land—\nunder a transport infrastructure strategy; or\nfor non-rail corridor land that is subleased, under the relevant sublease.\nThe permission may be subject to conditions.\nWithout limiting subsection (2) , a condition of a permission for rail corridor land may provide for the future expansion of the railway on the land.\nA condition may provide that the length of a bridge over a railway be long enough to allow for an additional track to be laid in the future.\nBefore deciding a request for the permission, the chief executive must consult with the relevant person for the land.\nAfter the permission is granted—\nthe chief executive must immediately give a copy of the permission to the registrar of titles; and\nthe registrar of titles must record the permission on the relevant lease of the rail corridor land or non-rail corridor land to the State and any affected sublease in the leasehold land register.\nThe relevant person may continue to use the land, and the airspace above the land, other than any land and airspace excluded by a condition of the permission.\nThe chief executive and the relevant person and their agents or employees, do not have any duty or liability for the road or its use or operation.\nOnce the road is used, it is taken to be—\na road under the relevant local government’s control; and\na road under any Act about the use of vehicles on a road.\nUnless the chief executive and the local government otherwise agree—\nthe local government is responsible for maintaining the road and the bridge, structure or crossing; and\nif the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the relevant infrastructure on the land.\nThe State is taken not to be in breach of any of its obligations in a sublease of rail corridor land or non-rail corridor land between the State and a relevant person for the land by—\ngiving the permission; or\nanything done by the local government under the permission.\nIn this section—\nrelevant infrastructure means—\nfor rail corridor land—a railway or part of a railway on the land; or\nfor non-rail corridor land—any infrastructure on the land.\nrelevant person means—\nfor rail corridor land—the railway manager for the land; or\nfor non-rail corridor land—any entity to whom the land is subleased.\ns 253 ins 1995 No. 32 s 11\nsub 1997 No. 66 s 47\namd 2007 No. 6 s 23 ; 2008 No. 31 s 17\n(sec.253-ssec.1) The chief executive may allow a local government to construct, maintain and operate a road on rail corridor land or non-rail corridor land by way of— a bridge or other structure over relevant infrastructure on the land; or a bridge or other structure that allows the road to pass under relevant infrastructure on the land; or a crossing at the same level as relevant infrastructure on the land. a level crossing\n(sec.253-ssec.1A) Without limiting subsection (1) , a permission may be granted under the subsection in relation to relevant infrastructure that is proposed to be on the land— under a transport infrastructure strategy; or for non-rail corridor land that is subleased, under the relevant sublease.\n(sec.253-ssec.2) The permission may be subject to conditions.\n(sec.253-ssec.2A) Without limiting subsection (2) , a condition of a permission for rail corridor land may provide for the future expansion of the railway on the land. A condition may provide that the length of a bridge over a railway be long enough to allow for an additional track to be laid in the future.\n(sec.253-ssec.3) Before deciding a request for the permission, the chief executive must consult with the relevant person for the land.\n(sec.253-ssec.3A) After the permission is granted— the chief executive must immediately give a copy of the permission to the registrar of titles; and the registrar of titles must record the permission on the relevant lease of the rail corridor land or non-rail corridor land to the State and any affected sublease in the leasehold land register.\n(sec.253-ssec.4) The relevant person may continue to use the land, and the airspace above the land, other than any land and airspace excluded by a condition of the permission.\n(sec.253-ssec.5) The chief executive and the relevant person and their agents or employees, do not have any duty or liability for the road or its use or operation.\n(sec.253-ssec.6) Once the road is used, it is taken to be— a road under the relevant local government’s control; and a road under any Act about the use of vehicles on a road.\n(sec.253-ssec.7) Unless the chief executive and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge, structure or crossing; and if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the relevant infrastructure on the land.\n(sec.253-ssec.8) The State is taken not to be in breach of any of its obligations in a sublease of rail corridor land or non-rail corridor land between the State and a relevant person for the land by— giving the permission; or anything done by the local government under the permission.\n(sec.253-ssec.9) In this section— relevant infrastructure means— for rail corridor land—a railway or part of a railway on the land; or for non-rail corridor land—any infrastructure on the land. relevant person means— for rail corridor land—the railway manager for the land; or for non-rail corridor land—any entity to whom the land is subleased.\n- (a) a bridge or other structure over relevant infrastructure on the land; or\n- (b) a bridge or other structure that allows the road to pass under relevant infrastructure on the land; or\n- (c) a crossing at the same level as relevant infrastructure on the land. Example for paragraph (c) — a level crossing\n- (a) under a transport infrastructure strategy; or\n- (b) for non-rail corridor land that is subleased, under the relevant sublease.\n- (a) the chief executive must immediately give a copy of the permission to the registrar of titles; and\n- (b) the registrar of titles must record the permission on the relevant lease of the rail corridor land or non-rail corridor land to the State and any affected sublease in the leasehold land register.\n- (a) a road under the relevant local government’s control; and\n- (b) a road under any Act about the use of vehicles on a road.\n- (a) the local government is responsible for maintaining the road and the bridge, structure or crossing; and\n- (b) if the road stops being used—the local government is responsible for the cost of taking the bridge, structure or crossing away and restoring the relevant infrastructure on the land.\n- (a) giving the permission; or\n- (b) anything done by the local government under the permission.\n- (a) for rail corridor land—a railway or part of a railway on the land; or\n- (b) for non-rail corridor land—any infrastructure on the land.\n- (a) for rail corridor land—the railway manager for the land; or\n- (b) for non-rail corridor land—any entity to whom the land is subleased.","sortOrder":412},{"sectionNumber":"sec.254","sectionType":"section","heading":"Level crossings","content":"### sec.254 Level crossings\n\nPedestrians and drivers of vehicles must give way to—\na railway operator’s rolling stock on railway tracks at a level crossing; and\na railway manager’s rail vehicle on railway tracks at a level crossing.\nIf an accident happens at a level crossing because a person does not comply with subsection (1) —\nthe railway manager or operator is not liable for any injury or damage caused in the accident; and\nthe person must pay the railway manager or operator the cost of any damage caused to property of the manager or operator.\nHowever, subsection (2) does not apply if the manager or operator, or its agents or employees, were negligent in relation to the accident.\ns 254 ins 1995 No. 32 s 11\n(sec.254-ssec.1) Pedestrians and drivers of vehicles must give way to— a railway operator’s rolling stock on railway tracks at a level crossing; and a railway manager’s rail vehicle on railway tracks at a level crossing.\n(sec.254-ssec.2) If an accident happens at a level crossing because a person does not comply with subsection (1) — the railway manager or operator is not liable for any injury or damage caused in the accident; and the person must pay the railway manager or operator the cost of any damage caused to property of the manager or operator.\n(sec.254-ssec.3) However, subsection (2) does not apply if the manager or operator, or its agents or employees, were negligent in relation to the accident.\n- (a) a railway operator’s rolling stock on railway tracks at a level crossing; and\n- (b) a railway manager’s rail vehicle on railway tracks at a level crossing.\n- (a) the railway manager or operator is not liable for any injury or damage caused in the accident; and\n- (b) the person must pay the railway manager or operator the cost of any damage caused to property of the manager or operator.","sortOrder":413},{"sectionNumber":"sec.255","sectionType":"section","heading":"Interfering with railway","content":"### sec.255 Interfering with railway\n\nA person in or on a railway corridor must not interfere with a railway under the control of a railway manager unless—\nthe person has the railway manager’s written approval; or\nthe interference is permitted or authorised under a right of access under section 240E , section 253 or the Rail Safety Law; or\nthe interference is otherwise approved, authorised or permitted under this Act or another Act.\nMaximum penalty—160 penalty units.\nAn approval may be subject to a reasonable condition.\nThe person must comply with the condition.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person who carries out urgent maintenance of a railway.\nThis section binds all persons, including the State, the Commonwealth and the other States.\nIn this section—\ninterfere with , a railway, means—\ncarry out works in or on a railway corridor; or\notherwise interfere with the railway or its operation.\nrailway corridor means—\nland subleased to a railway manager under section 240 ; or\ncommercial corridor land; or\nfuture railway land under the control of a railway manager; or\nland described in schedule 4 ; or\nSee section 241 (Railway tunnel easements).\na railway crossing.\ns 255 ins 1995 No. 32 s 11\namd 1997 No. 66 s 48 ; 2003 No. 54 s 28 ; 2008 No. 31 s 18 ; 2010 No. 6 s 338 ; 2011 No. 12 s 47 ; 2017 No. 4 s 145 sch 1\n(sec.255-ssec.1) A person in or on a railway corridor must not interfere with a railway under the control of a railway manager unless— the person has the railway manager’s written approval; or the interference is permitted or authorised under a right of access under section 240E , section 253 or the Rail Safety Law; or the interference is otherwise approved, authorised or permitted under this Act or another Act. Maximum penalty—160 penalty units.\n(sec.255-ssec.2) An approval may be subject to a reasonable condition.\n(sec.255-ssec.3) The person must comply with the condition. Maximum penalty—40 penalty units.\n(sec.255-ssec.4) Subsection (1) does not apply to a person who carries out urgent maintenance of a railway.\n(sec.255-ssec.5) This section binds all persons, including the State, the Commonwealth and the other States.\n(sec.255-ssec.6) In this section— interfere with , a railway, means— carry out works in or on a railway corridor; or otherwise interfere with the railway or its operation. railway corridor means— land subleased to a railway manager under section 240 ; or commercial corridor land; or future railway land under the control of a railway manager; or land described in schedule 4 ; or See section 241 (Railway tunnel easements). a railway crossing.\n- (a) the person has the railway manager’s written approval; or\n- (b) the interference is permitted or authorised under a right of access under section 240E , section 253 or the Rail Safety Law; or\n- (c) the interference is otherwise approved, authorised or permitted under this Act or another Act.\n- (a) carry out works in or on a railway corridor; or\n- (b) otherwise interfere with the railway or its operation.\n- (a) land subleased to a railway manager under section 240 ; or\n- (b) commercial corridor land; or\n- (c) future railway land under the control of a railway manager; or\n- (d) land described in schedule 4 ; or Note— See section 241 (Railway tunnel easements).\n- (e) a railway crossing.","sortOrder":414},{"sectionNumber":"sec.256","sectionType":"section","heading":"Rectifying unauthorised interference","content":"### sec.256 Rectifying unauthorised interference\n\nIf a person contravenes section 255 (1) by interfering with a railway, the railway manager for the railway may, by written notice, require the person to rectify the interference within a stated reasonable time.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person does not comply with the requirement, the railway manager may rectify the interference.\nThe person must pay the manager the manager’s costs of—\nrectifying the interference; or\naltering the construction, maintenance or operation of the railway because of the interference.\nIn this section—\nrectify the interference means—\nalter, dismantle or take away any works; or\nfix any damage caused by the interference.\ns 256 ins 1995 No. 32 s 11\n(sec.256-ssec.1) If a person contravenes section 255 (1) by interfering with a railway, the railway manager for the railway may, by written notice, require the person to rectify the interference within a stated reasonable time.\n(sec.256-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.256-ssec.3) If the person does not comply with the requirement, the railway manager may rectify the interference.\n(sec.256-ssec.4) The person must pay the manager the manager’s costs of— rectifying the interference; or altering the construction, maintenance or operation of the railway because of the interference.\n(sec.256-ssec.5) In this section— rectify the interference means— alter, dismantle or take away any works; or fix any damage caused by the interference.\n- (a) rectifying the interference; or\n- (b) altering the construction, maintenance or operation of the railway because of the interference.\n- (a) alter, dismantle or take away any works; or\n- (b) fix any damage caused by the interference.","sortOrder":415},{"sectionNumber":"sec.257","sectionType":"section","heading":"Trespassing on railway","content":"### sec.257 Trespassing on railway\n\nA person must not intentionally or recklessly trespass on a railway.\nMaximum penalty—40 penalty units.\ns 257 ins 1995 No. 32 s 11\namd 2010 No. 6 s 339","sortOrder":416},{"sectionNumber":"sec.258","sectionType":"section","heading":"Impact of particular development and railways","content":"### sec.258 Impact of particular development and railways\n\nThis section applies if the chief executive is—\nthe assessment manager or a referral agency for a development application; or\nthe responsible entity or a referral agency for a change application.\nAlso, this section has as its purpose ensuring—\nthe safety and operational integrity of railways and future railways; and\nthat development addresses impacts on the development from environmental emissions generated by railways or future railways.\nair particles, fumes, light, noise\nFor performing the chief executive’s functions as assessment manager, responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\nSubsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\ns 258 ins 1995 No. 32 s 11\nsub 2004 No. 40 s 4\namd 2009 No. 47 s 8 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 569 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.258-ssec.1) This section applies if the chief executive is— the assessment manager or a referral agency for a development application; or the responsible entity or a referral agency for a change application.\n(sec.258-ssec.2) Also, this section has as its purpose ensuring— the safety and operational integrity of railways and future railways; and that development addresses impacts on the development from environmental emissions generated by railways or future railways. air particles, fumes, light, noise\n(sec.258-ssec.3) For performing the chief executive’s functions as assessment manager, responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\n(sec.258-ssec.4) Subsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\n- (a) the assessment manager or a referral agency for a development application; or\n- (b) the responsible entity or a referral agency for a change application.\n- (a) the safety and operational integrity of railways and future railways; and\n- (b) that development addresses impacts on the development from environmental emissions generated by railways or future railways. Examples of environmental emissions— air particles, fumes, light, noise","sortOrder":417},{"sectionNumber":"sec.258A","sectionType":"section","heading":"Impact of change of management of local government road on railways","content":"### sec.258A Impact of change of management of local government road on railways\n\nA local government must apply to the chief executive to obtain the chief executive’s written approval to make a change to the management of a local government road that, if made—\nwould require works to be carried out on a railway; or\nwould have a significant adverse impact on the safety and operational integrity of a railway or a future railway.\nThe chief executive—\nmust consider the application within—\n30 days after receiving it; or\nthe longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and\nmay—\napprove the proposed change, with or without conditions; or\nrefuse to approve the proposed change.\nThe chief executive must give the local government written notice of the chief executive’s decision on the application.\nIf the chief executive does not do any of the following within the 30 days, the chief executive is taken to have approved the proposed change—\napprove the proposed change;\nrefuse to approve the proposed change;\ngive the local government a notice under subsection (2) .\nThis section does not apply if the chief executive or planning chief executive considered the proposed change to the management of the local government road as part of considering—\nan application for a development approval; or\na change application.\ns 258A ins 2004 No. 40 s 4\namd 2007 No. 6 s 24 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 570\n(sec.258A-ssec.1) A local government must apply to the chief executive to obtain the chief executive’s written approval to make a change to the management of a local government road that, if made— would require works to be carried out on a railway; or would have a significant adverse impact on the safety and operational integrity of a railway or a future railway.\n(sec.258A-ssec.2) The chief executive— must consider the application within— 30 days after receiving it; or the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and may— approve the proposed change, with or without conditions; or refuse to approve the proposed change.\n(sec.258A-ssec.3) The chief executive must give the local government written notice of the chief executive’s decision on the application.\n(sec.258A-ssec.4) If the chief executive does not do any of the following within the 30 days, the chief executive is taken to have approved the proposed change— approve the proposed change; refuse to approve the proposed change; give the local government a notice under subsection (2) .\n(sec.258A-ssec.5) This section does not apply if the chief executive or planning chief executive considered the proposed change to the management of the local government road as part of considering— an application for a development approval; or a change application.\n- (a) would require works to be carried out on a railway; or\n- (b) would have a significant adverse impact on the safety and operational integrity of a railway or a future railway.\n- (a) must consider the application within— (i) 30 days after receiving it; or (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and\n- (i) 30 days after receiving it; or\n- (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and\n- (b) may— (i) approve the proposed change, with or without conditions; or (ii) refuse to approve the proposed change.\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (i) 30 days after receiving it; or\n- (ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and\n- (i) approve the proposed change, with or without conditions; or\n- (ii) refuse to approve the proposed change.\n- (a) approve the proposed change;\n- (b) refuse to approve the proposed change;\n- (c) give the local government a notice under subsection (2) .\n- (a) an application for a development approval; or\n- (b) a change application.","sortOrder":418},{"sectionNumber":"sec.258B","sectionType":"section","heading":"Guidelines for ss 258 – 258A","content":"### sec.258B Guidelines for ss 258 – 258A\n\nFor the purposes of sections 258 and 258A , the chief executive may make guidelines to which a person must have regard when—\nplanning for, or carrying out, development under the Planning Act ; or\nmaking changes to the management of a local government road.\nThe chief executive must give a copy of the guidelines to each local government affected by the guidelines.\ns 258B ins 2004 No. 40 s 4\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 571\n(sec.258B-ssec.1) For the purposes of sections 258 and 258A , the chief executive may make guidelines to which a person must have regard when— planning for, or carrying out, development under the Planning Act ; or making changes to the management of a local government road.\n(sec.258B-ssec.2) The chief executive must give a copy of the guidelines to each local government affected by the guidelines.\n- (a) planning for, or carrying out, development under the Planning Act ; or\n- (b) making changes to the management of a local government road.","sortOrder":419},{"sectionNumber":"sec.259","sectionType":"section","heading":"Fencing new railways","content":"### sec.259 Fencing new railways\n\nA railway manager need not contribute to the fencing of any part of the boundary of land that is—\na future railway; or\nacquired for a widening or deviation of a railway.\nSubsection (1) does not apply if—\nthe land acquired was substantially fenced; and\nthe railway’s presence may make the fencing ineffective.\ns 259 ins 1995 No. 32 s 11\n(sec.259-ssec.1) A railway manager need not contribute to the fencing of any part of the boundary of land that is— a future railway; or acquired for a widening or deviation of a railway.\n(sec.259-ssec.2) Subsection (1) does not apply if— the land acquired was substantially fenced; and the railway’s presence may make the fencing ineffective.\n- (a) a future railway; or\n- (b) acquired for a widening or deviation of a railway.\n- (a) the land acquired was substantially fenced; and\n- (b) the railway’s presence may make the fencing ineffective.","sortOrder":420},{"sectionNumber":"sec.260","sectionType":"section","heading":"Works for existing railways","content":"### sec.260 Works for existing railways\n\nThis section applies—\nwhile a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and\nto the owners and occupiers of land next to the existing railway (the neighbouring land ).\nThe relevant railway manager must, within a reasonable time, construct and maintain—\nworks that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and\nworks that are necessary to—\nseparate the existing railway from the neighbouring land; and\nprotect the stock straying from the neighbouring land onto the railway; and\nsufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed.\nThe relevant railway manager may satisfy its obligation under subsection (2) (b) by constructing and maintaining a fence of substantially similar quality to any fence around the neighbouring land when the railway was constructed.\nThis section does not require the relevant railway manager to—\nconstruct or maintain works in a way that would prevent or obstruct the use of the existing railway; or\nconstruct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or\nconstruct or maintain works for a change of use of the neighbouring land by its owner or occupier.\nThe Land Court must decide any dispute about the adequacy of works or maintenance under this section.\nIf the owner or occupier of neighbouring land considers that works carried out under this section are insufficient for the convenient use of the land, the owner or occupier may, with the relevant railway manager’s agreement, carry out further works at the owner’s or occupier’s expense.\nThe relevant railway manager may, by written notice given to the owner or occupier, require the further works to be carried out—\nunder the supervision of a person nominated by the relevant railway manager; and\naccording to plans and specifications approved by the relevant railway manager.\nThe relevant railway manager must attempt to keep the cost of the further works to a reasonable level.\nUntil the relevant railway manager carries out the works mentioned in subsection (2) , the owner or occupier of the neighbouring land, and their employees and agents, may cross the existing railway next to the land with vehicles and livestock.\nThe crossing must be made directly, and in a way that is safe and does not damage or obstruct the railway.\nHowever, subsection (9) does not apply to an owner or occupier who agreed to receive, and has been paid, compensation in place of the works.\nA person must shut and lock a gate set up under this section at either side of an existing railway as soon as the person, and any vehicles or livestock in the person’s care, have passed through the gate.\nMaximum penalty for subsection (12) —10 penalty units.\nIn this section—\nchange of use , of the neighbouring land, means a change of the use (the new use ) of the land, if the new use would result in works that would have been required to be carried out under this section in relation to the previous use of the land being insufficient for the convenient new use of the land.\nrelevant railway manager means the railway manager for the existing railway.\ns 260 orig s 260 ins 1998 No. 33 s 15\nexp 23 September 1998 (see orig s 260(3))\nprev s 260 ins 1998 No. 43 s 23\nexp 27 May 1999 (see prev s 260(3))\npres s 260 ins 1995 No. 32 s 11\namd 2008 No. 67 s 141 ; 2010 No. 19 s 72 ; 2011 No. 12 s 48\n(sec.260-ssec.1) This section applies— while a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and to the owners and occupiers of land next to the existing railway (the neighbouring land ).\n(sec.260-ssec.2) The relevant railway manager must, within a reasonable time, construct and maintain— works that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and works that are necessary to— separate the existing railway from the neighbouring land; and protect the stock straying from the neighbouring land onto the railway; and sufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed.\n(sec.260-ssec.3) The relevant railway manager may satisfy its obligation under subsection (2) (b) by constructing and maintaining a fence of substantially similar quality to any fence around the neighbouring land when the railway was constructed.\n(sec.260-ssec.4) This section does not require the relevant railway manager to— construct or maintain works in a way that would prevent or obstruct the use of the existing railway; or construct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or construct or maintain works for a change of use of the neighbouring land by its owner or occupier.\n(sec.260-ssec.5) The Land Court must decide any dispute about the adequacy of works or maintenance under this section.\n(sec.260-ssec.6) If the owner or occupier of neighbouring land considers that works carried out under this section are insufficient for the convenient use of the land, the owner or occupier may, with the relevant railway manager’s agreement, carry out further works at the owner’s or occupier’s expense.\n(sec.260-ssec.7) The relevant railway manager may, by written notice given to the owner or occupier, require the further works to be carried out— under the supervision of a person nominated by the relevant railway manager; and according to plans and specifications approved by the relevant railway manager.\n(sec.260-ssec.8) The relevant railway manager must attempt to keep the cost of the further works to a reasonable level.\n(sec.260-ssec.9) Until the relevant railway manager carries out the works mentioned in subsection (2) , the owner or occupier of the neighbouring land, and their employees and agents, may cross the existing railway next to the land with vehicles and livestock.\n(sec.260-ssec.10) The crossing must be made directly, and in a way that is safe and does not damage or obstruct the railway.\n(sec.260-ssec.11) However, subsection (9) does not apply to an owner or occupier who agreed to receive, and has been paid, compensation in place of the works.\n(sec.260-ssec.12) A person must shut and lock a gate set up under this section at either side of an existing railway as soon as the person, and any vehicles or livestock in the person’s care, have passed through the gate. Maximum penalty for subsection (12) —10 penalty units.\n(sec.260-ssec.13) In this section— change of use , of the neighbouring land, means a change of the use (the new use ) of the land, if the new use would result in works that would have been required to be carried out under this section in relation to the previous use of the land being insufficient for the convenient new use of the land. relevant railway manager means the railway manager for the existing railway.\n- (a) while a railway existing at the commencement (the existing railway ) continues to be operated as a railway; and\n- (b) to the owners and occupiers of land next to the existing railway (the neighbouring land ).\n- (a) works that are necessary to make good any interruptions caused by the existing railway to the use of the neighbouring land; and\n- (b) works that are necessary to— (i) separate the existing railway from the neighbouring land; and (ii) protect the stock straying from the neighbouring land onto the railway; and\n- (i) separate the existing railway from the neighbouring land; and\n- (ii) protect the stock straying from the neighbouring land onto the railway; and\n- (c) sufficient works to ensure the neighbouring land’s drainage is as good, or nearly as good, as it was before the existing railway was constructed.\n- (i) separate the existing railway from the neighbouring land; and\n- (ii) protect the stock straying from the neighbouring land onto the railway; and\n- (a) construct or maintain works in a way that would prevent or obstruct the use of the existing railway; or\n- (b) construct or maintain works for owners or occupiers who agreed to receive, and have been paid, compensation in place of the works; or\n- (c) construct or maintain works for a change of use of the neighbouring land by its owner or occupier.\n- (a) under the supervision of a person nominated by the relevant railway manager; and\n- (b) according to plans and specifications approved by the relevant railway manager.","sortOrder":421},{"sectionNumber":"sec.260A","sectionType":"section","heading":null,"content":"### Section sec.260A\n\ns 260A ins 2004 No. 9 s 5 ; 2007 No. 6 s 19 sch 1\nsub 2008 No. 67 s 142\nom 2010 No. 19 s 73","sortOrder":422},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 ins 1995 No. 32 s 11\namd 1997 No. 66 s 49 ; 2003 No. 54 s 29\nom 2010 No. 6 s 340","sortOrder":423},{"sectionNumber":"sec.262","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.262 Application of Land Act 1994\n\nThe following sections of the Land Act 1994 do not apply to a lease of existing rail corridor land, new rail corridor land or non-rail corridor land, or a lease granted under the lease, or a concurrent sublease—\nsection 157 (Expiry of lease)\nsection 183 (Rent payable generally)\nsection 204 (Survey condition)\nsection 211 (Reviewing imposed conditions of lease)\nsection 336 (2) (a) and (c) .\nIn this section—\nconcurrent sublease means concurrent sublease granted under section 477C (1) of all or part of land relating to a declared project mentioned in the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 , section 5 (1) (c) or (d) .\ns 262 ins 1995 No. 32 s 11\namd 2001 No. 79 s 31 ; 2007 No. 6 s 19 sch 1 ; 2009 No. 47 s 5 sch ; 2011 No. 12 s 49\n(sec.262-ssec.1) The following sections of the Land Act 1994 do not apply to a lease of existing rail corridor land, new rail corridor land or non-rail corridor land, or a lease granted under the lease, or a concurrent sublease— section 157 (Expiry of lease) section 183 (Rent payable generally) section 204 (Survey condition) section 211 (Reviewing imposed conditions of lease) section 336 (2) (a) and (c) .\n(sec.262-ssec.2) In this section— concurrent sublease means concurrent sublease granted under section 477C (1) of all or part of land relating to a declared project mentioned in the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 , section 5 (1) (c) or (d) .\n- • section 157 (Expiry of lease)\n- • section 183 (Rent payable generally)\n- • section 204 (Survey condition)\n- • section 211 (Reviewing imposed conditions of lease)\n- • section 336 (2) (a) and (c) .","sortOrder":424},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 ins 2003 No. 54 s 30\nom 2010 No. 6 s 341","sortOrder":425},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 ins 2003 No. 54 s 30\nom 2010 No. 6 s 341","sortOrder":426},{"sectionNumber":"sec.265","sectionType":"section","heading":"Delayed passenger services","content":"### sec.265 Delayed passenger services\n\nA railway manager must endeavour to bring a passenger service that is delayed back to its scheduled running time.\nIn complying with subsection (1) , a railway manager must not distinguish between different types of regularly scheduled passenger services.\nSubsection (2) does not limit the matters that the railway manager may consider as relevant when complying with subsection (1) .\na train transporting livestock\ntrain service entitlements for services other than passenger services\ns 265 ins 2003 No. 54 s 30\n(sec.265-ssec.1) A railway manager must endeavour to bring a passenger service that is delayed back to its scheduled running time.\n(sec.265-ssec.2) In complying with subsection (1) , a railway manager must not distinguish between different types of regularly scheduled passenger services.\n(sec.265-ssec.3) Subsection (2) does not limit the matters that the railway manager may consider as relevant when complying with subsection (1) . a train transporting livestock train service entitlements for services other than passenger services\n- 1 a train transporting livestock\n- 2 train service entitlements for services other than passenger services","sortOrder":427},{"sectionNumber":"sec.266","sectionType":"section","heading":"Priority for regularly scheduled passenger services in allocating train paths","content":"### sec.266 Priority for regularly scheduled passenger services in allocating train paths\n\nThe chief executive may establish a process that regularly allows the chief executive to identify passenger service requirements.\nFor the process established under subsection (1) , the chief executive may, by written notice to a railway manager, require the railway manager to give to the chief executive information about—\nthe total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and\nthe existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and\nthe usage of the existing train paths on that specific section of railway track; and\nany other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements.\nAfter identifying passenger service requirements, the chief executive may give written notice to each accredited person about the passenger service requirements relevant to the railway manager’s railway.\nSubject to subsection (5E) , a railway manager given a notice under subsection (3) must, whenever a train path is available for the railway manager to allocate, provide for priority to be given to the passenger service requirements as stated in the notice.\nIn complying with subsection (4) , a railway manager must not distinguish between different types of regularly scheduled passenger services.\nIf a railway manager becomes aware that a train path used for regularly scheduled passenger services on a specific section of railway track is, or will become, available for allocation, the railway manager must, during the period or at the time mentioned in subsection (5B) , give written notice of the availability to the chief executive.\nA notice under subsection (5A) must be given—\nif the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or\notherwise—as soon as practicable after the railway manager becomes aware of the availability.\nOn receiving a notice under subsection (5A) , the chief executive may, within the period mentioned in subsection (5D) , give a written notice to the railway manager requiring that the train path be allocated to a stated passenger service with effect from—\nif the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or\notherwise—as soon as practicable after the notice is given by the chief executive.\nA notice given by the chief executive under subsection (5C) must be given—\nif the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or\nif the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager.\nA railway manager given a notice under subsection (5C) must allocate the train path to the passenger service stated in the notice with effect from the day or time mentioned in the subsection.\nIn charging for access to regularly scheduled passenger services (an access charge ), a railway manager must not—\ndifferentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or\nset an access charge for a train path that is greater than the access charge set for similar train paths.\nThis section does not apply in relation to a preserved train path under section 266A .\nIn this section—\navailable , in relation to the allocation of a train path, includes—\na new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and\nreallocating an existing train path.\ninfrastructure includes rail transport infrastructure and other rail infrastructure.\npassenger service requirements means requirements for train paths for the following—\nregularly scheduled passenger services on railway track in the State;\nrolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service.\ns 266 ins 2003 No. 54 s 30\namd 2010 No. 32 s 74\n(sec.266-ssec.1) The chief executive may establish a process that regularly allows the chief executive to identify passenger service requirements.\n(sec.266-ssec.2) For the process established under subsection (1) , the chief executive may, by written notice to a railway manager, require the railway manager to give to the chief executive information about— the total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and the existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and the usage of the existing train paths on that specific section of railway track; and any other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements.\n(sec.266-ssec.3) After identifying passenger service requirements, the chief executive may give written notice to each accredited person about the passenger service requirements relevant to the railway manager’s railway.\n(sec.266-ssec.4) Subject to subsection (5E) , a railway manager given a notice under subsection (3) must, whenever a train path is available for the railway manager to allocate, provide for priority to be given to the passenger service requirements as stated in the notice.\n(sec.266-ssec.5) In complying with subsection (4) , a railway manager must not distinguish between different types of regularly scheduled passenger services.\n(sec.266-ssec.5A) If a railway manager becomes aware that a train path used for regularly scheduled passenger services on a specific section of railway track is, or will become, available for allocation, the railway manager must, during the period or at the time mentioned in subsection (5B) , give written notice of the availability to the chief executive.\n(sec.266-ssec.5B) A notice under subsection (5A) must be given— if the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or otherwise—as soon as practicable after the railway manager becomes aware of the availability.\n(sec.266-ssec.5C) On receiving a notice under subsection (5A) , the chief executive may, within the period mentioned in subsection (5D) , give a written notice to the railway manager requiring that the train path be allocated to a stated passenger service with effect from— if the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or otherwise—as soon as practicable after the notice is given by the chief executive.\n(sec.266-ssec.5D) A notice given by the chief executive under subsection (5C) must be given— if the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or if the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager.\n(sec.266-ssec.5E) A railway manager given a notice under subsection (5C) must allocate the train path to the passenger service stated in the notice with effect from the day or time mentioned in the subsection.\n(sec.266-ssec.6) In charging for access to regularly scheduled passenger services (an access charge ), a railway manager must not— differentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or set an access charge for a train path that is greater than the access charge set for similar train paths.\n(sec.266-ssec.6A) This section does not apply in relation to a preserved train path under section 266A .\n(sec.266-ssec.7) In this section— available , in relation to the allocation of a train path, includes— a new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and reallocating an existing train path. infrastructure includes rail transport infrastructure and other rail infrastructure. passenger service requirements means requirements for train paths for the following— regularly scheduled passenger services on railway track in the State; rolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service.\n- (a) the total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and\n- (b) the existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and\n- (c) the usage of the existing train paths on that specific section of railway track; and\n- (d) any other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements.\n- (a) if the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or\n- (b) otherwise—as soon as practicable after the railway manager becomes aware of the availability.\n- (a) if the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or\n- (b) otherwise—as soon as practicable after the notice is given by the chief executive.\n- (a) if the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or\n- (b) if the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager.\n- (a) differentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or\n- (b) set an access charge for a train path that is greater than the access charge set for similar train paths.\n- (a) a new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and\n- (b) reallocating an existing train path.\n- (a) regularly scheduled passenger services on railway track in the State;\n- (b) rolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service.","sortOrder":428},{"sectionNumber":"sec.266A","sectionType":"section","heading":"Allocation of preserved train paths","content":"### sec.266A Allocation of preserved train paths\n\nThis section applies to a train path (a preserved train path ) that is, on the commencement of this section, allocated for the provision of—\na regularly scheduled passenger service; or\na service involving the transportation of a type of freight other than coal.\nIf a preserved train path becomes available for a railway manager to allocate, the railway manager must not allocate the train path to a person for the provision of a different type of service unless—\nthe railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and\nthe chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation.\nDespite subsection (1) , this section ceases to apply to a preserved train path if—\nthe chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or\nthe preserved train path is allocated by the railway manager under subsection (2) .\nThe chief executive may give the railway manager a written notice requiring the railway manager to give the chief executive information reasonably required to determine the railway manager’s compliance with subsection (2) .\nThe railway manager must comply with the requirement within the reasonable period stated in the notice.\nThis section does not prevent the railway manager allowing a preserved train path to be used for a different type of service when it is not being used for the service for which it is allocated.\ns 266A ins 2010 No. 32 s 75\n(sec.266A-ssec.1) This section applies to a train path (a preserved train path ) that is, on the commencement of this section, allocated for the provision of— a regularly scheduled passenger service; or a service involving the transportation of a type of freight other than coal.\n(sec.266A-ssec.2) If a preserved train path becomes available for a railway manager to allocate, the railway manager must not allocate the train path to a person for the provision of a different type of service unless— the railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and the chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation.\n(sec.266A-ssec.3) Despite subsection (1) , this section ceases to apply to a preserved train path if— the chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or the preserved train path is allocated by the railway manager under subsection (2) .\n(sec.266A-ssec.4) The chief executive may give the railway manager a written notice requiring the railway manager to give the chief executive information reasonably required to determine the railway manager’s compliance with subsection (2) .\n(sec.266A-ssec.5) The railway manager must comply with the requirement within the reasonable period stated in the notice.\n(sec.266A-ssec.6) This section does not prevent the railway manager allowing a preserved train path to be used for a different type of service when it is not being used for the service for which it is allocated.\n- (a) a regularly scheduled passenger service; or\n- (b) a service involving the transportation of a type of freight other than coal.\n- (a) the railway manager gives written notice to the chief executive, at least 2 months before the day the proposed allocation takes effect, stating details of the proposed allocation; and\n- (b) the chief executive gives written notice to the railway manager stating the chief executive consents to the proposed allocation.\n- (a) the chief executive gives written notice to the railway manager stating the train path is no longer subject to the requirements under this section; or\n- (b) the preserved train path is allocated by the railway manager under subsection (2) .","sortOrder":429},{"sectionNumber":"sec.266B","sectionType":"section","heading":"Civil penalty for breach of train path obligation","content":"### sec.266B Civil penalty for breach of train path obligation\n\nA railway manager is liable to pay the State a civil penalty if the railway manager breaches, without a reasonable excuse, any of the following obligations (the train path obligations )—\nsection 265 (1) ;\nsection 266 (4) , (5A) or (5E) ;\nsection 266A (2) .\nA civil penalty may be imposed on a railway manager either by—\na penalty notice given to the railway manager by the chief executive; or\nan order made by the Supreme Court under section 266G .\nIf the penalty is imposed under a penalty notice, the amount of the penalty is—\nfor breach of section 265 (1) , 266 (4) or 266 (5A) —$5,000; or\nfor breach of section 266 (5E) or 266A (2) —$25,000.\nFor the amount of the penalty that may be imposed by the Supreme Court, see section 266G .\ns 266B ins 2010 No. 32 s 75\n(sec.266B-ssec.1) A railway manager is liable to pay the State a civil penalty if the railway manager breaches, without a reasonable excuse, any of the following obligations (the train path obligations )— section 265 (1) ; section 266 (4) , (5A) or (5E) ; section 266A (2) .\n(sec.266B-ssec.2) A civil penalty may be imposed on a railway manager either by— a penalty notice given to the railway manager by the chief executive; or an order made by the Supreme Court under section 266G .\n(sec.266B-ssec.3) If the penalty is imposed under a penalty notice, the amount of the penalty is— for breach of section 265 (1) , 266 (4) or 266 (5A) —$5,000; or for breach of section 266 (5E) or 266A (2) —$25,000. For the amount of the penalty that may be imposed by the Supreme Court, see section 266G .\n- (a) section 265 (1) ;\n- (b) section 266 (4) , (5A) or (5E) ;\n- (c) section 266A (2) .\n- (a) a penalty notice given to the railway manager by the chief executive; or\n- (b) an order made by the Supreme Court under section 266G .\n- (a) for breach of section 265 (1) , 266 (4) or 266 (5A) —$5,000; or\n- (b) for breach of section 266 (5E) or 266A (2) —$25,000.","sortOrder":430},{"sectionNumber":"sec.266C","sectionType":"section","heading":"Giving of notice proposing imposition of penalty","content":"### sec.266C Giving of notice proposing imposition of penalty\n\nThis section applies if the chief executive—\nsuspects a railway manager has breached a train path obligation; and\nproposes to impose a penalty on the railway manager under a penalty notice.\nThe chief executive may give the railway manager a written notice (a proposed penalty notice ) proposing to impose a penalty on the railway manager on the grounds of the breach.\nThe proposed penalty notice must state each of the following—\nthe chief executive proposes to impose a penalty on the railway manager;\nthe grounds for imposing the proposed penalty;\nan outline of the facts and circumstances forming the basis for the grounds for imposing the proposed penalty;\nthe railway manager may make a written submission to the chief executive, no later than 28 days after the railway manager is given the notice, as to why the penalty should not be imposed;\nthe way in which the submission may be made.\ns 266C ins 2010 No. 32 s 75\n(sec.266C-ssec.1) This section applies if the chief executive— suspects a railway manager has breached a train path obligation; and proposes to impose a penalty on the railway manager under a penalty notice.\n(sec.266C-ssec.2) The chief executive may give the railway manager a written notice (a proposed penalty notice ) proposing to impose a penalty on the railway manager on the grounds of the breach.\n(sec.266C-ssec.3) The proposed penalty notice must state each of the following— the chief executive proposes to impose a penalty on the railway manager; the grounds for imposing the proposed penalty; an outline of the facts and circumstances forming the basis for the grounds for imposing the proposed penalty; the railway manager may make a written submission to the chief executive, no later than 28 days after the railway manager is given the notice, as to why the penalty should not be imposed; the way in which the submission may be made.\n- (a) suspects a railway manager has breached a train path obligation; and\n- (b) proposes to impose a penalty on the railway manager under a penalty notice.\n- (a) the chief executive proposes to impose a penalty on the railway manager;\n- (b) the grounds for imposing the proposed penalty;\n- (c) an outline of the facts and circumstances forming the basis for the grounds for imposing the proposed penalty;\n- (d) the railway manager may make a written submission to the chief executive, no later than 28 days after the railway manager is given the notice, as to why the penalty should not be imposed;\n- (e) the way in which the submission may be made.","sortOrder":431},{"sectionNumber":"sec.266D","sectionType":"section","heading":"Submission against proposed imposition of penalty","content":"### sec.266D Submission against proposed imposition of penalty\n\nThe railway manager may make a submission against the imposition of the penalty in the way stated in the proposed penalty notice.\nThe submission must—\nbe made to the chief executive no later than 28 days after the railway manager is given the proposed penalty notice; and\nstate fully the grounds for the submission and the facts relied upon.\nThe chief executive may, by written notice given to the railway manager, state a longer period allowed for making the submission.\ns 266D ins 2010 No. 32 s 75\n(sec.266D-ssec.1) The railway manager may make a submission against the imposition of the penalty in the way stated in the proposed penalty notice.\n(sec.266D-ssec.2) The submission must— be made to the chief executive no later than 28 days after the railway manager is given the proposed penalty notice; and state fully the grounds for the submission and the facts relied upon.\n(sec.266D-ssec.3) The chief executive may, by written notice given to the railway manager, state a longer period allowed for making the submission.\n- (a) be made to the chief executive no later than 28 days after the railway manager is given the proposed penalty notice; and\n- (b) state fully the grounds for the submission and the facts relied upon.","sortOrder":432},{"sectionNumber":"sec.266E","sectionType":"section","heading":"Giving of penalty notice","content":"### sec.266E Giving of penalty notice\n\nThis section applies if—\nthe period under section 266D for making a submission against the imposition of the penalty has expired; and\nthe chief executive has considered any submission made under section 266D ; and\nthe chief executive is satisfied the railway manager has breached the train path obligation mentioned in the proposed penalty notice without a reasonable excuse.\nThe chief executive may decide to impose a penalty on the railway manager on the grounds of the breach.\nIf the chief executive makes a decision under subsection (2) , the chief executive must give the railway manager a penalty notice.\nA penalty notice is a written notice that states each of the following—\nthe chief executive has decided to impose a penalty on the railway manager;\nthe reasons for the decision;\nthe amount of the penalty provided for under section 266B (3) , and the day by which it must be paid;\nthat the railway manager may appeal to the Supreme Court against the decision within 28 days after the railway manager is given the penalty notice;\nhow to appeal.\nThe day for payment stated under subsection (4) (c) must not be less than 28 days after the day the penalty notice is given to the railway manager.\nThe State may recover the penalty from the railway manager as a debt.\ns 266E ins 2010 No. 32 s 75\n(sec.266E-ssec.1) This section applies if— the period under section 266D for making a submission against the imposition of the penalty has expired; and the chief executive has considered any submission made under section 266D ; and the chief executive is satisfied the railway manager has breached the train path obligation mentioned in the proposed penalty notice without a reasonable excuse.\n(sec.266E-ssec.2) The chief executive may decide to impose a penalty on the railway manager on the grounds of the breach.\n(sec.266E-ssec.3) If the chief executive makes a decision under subsection (2) , the chief executive must give the railway manager a penalty notice.\n(sec.266E-ssec.4) A penalty notice is a written notice that states each of the following— the chief executive has decided to impose a penalty on the railway manager; the reasons for the decision; the amount of the penalty provided for under section 266B (3) , and the day by which it must be paid; that the railway manager may appeal to the Supreme Court against the decision within 28 days after the railway manager is given the penalty notice; how to appeal.\n(sec.266E-ssec.5) The day for payment stated under subsection (4) (c) must not be less than 28 days after the day the penalty notice is given to the railway manager.\n(sec.266E-ssec.6) The State may recover the penalty from the railway manager as a debt.\n- (a) the period under section 266D for making a submission against the imposition of the penalty has expired; and\n- (b) the chief executive has considered any submission made under section 266D ; and\n- (c) the chief executive is satisfied the railway manager has breached the train path obligation mentioned in the proposed penalty notice without a reasonable excuse.\n- (a) the chief executive has decided to impose a penalty on the railway manager;\n- (b) the reasons for the decision;\n- (c) the amount of the penalty provided for under section 266B (3) , and the day by which it must be paid;\n- (d) that the railway manager may appeal to the Supreme Court against the decision within 28 days after the railway manager is given the penalty notice;\n- (e) how to appeal.","sortOrder":433},{"sectionNumber":"sec.266F","sectionType":"section","heading":"Appeal against imposition of penalty by penalty notice","content":"### sec.266F Appeal against imposition of penalty by penalty notice\n\nA railway manager who is given a penalty notice may appeal to the Supreme Court against the chief executive’s decision to impose the penalty.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 3 applies to an appeal mentioned in subsection (1) as if—\nreferences in the division to a reviewed decision were references to the chief executive’s decision; and\nreferences in the division to an appeal court or the appeal court were references to the Supreme Court.\ns 266F ins 2010 No. 32 s 75\n(sec.266F-ssec.1) A railway manager who is given a penalty notice may appeal to the Supreme Court against the chief executive’s decision to impose the penalty.\n(sec.266F-ssec.2) The Transport Planning and Coordination Act 1994 , part 5 , division 3 applies to an appeal mentioned in subsection (1) as if— references in the division to a reviewed decision were references to the chief executive’s decision; and references in the division to an appeal court or the appeal court were references to the Supreme Court.\n- (a) references in the division to a reviewed decision were references to the chief executive’s decision; and\n- (b) references in the division to an appeal court or the appeal court were references to the Supreme Court.","sortOrder":434},{"sectionNumber":"sec.266G","sectionType":"section","heading":"Proceeding for civil penalty order","content":"### sec.266G Proceeding for civil penalty order\n\nThis section applies if, on the application of the chief executive, the Supreme Court is satisfied a railway manager has breached a train path obligation without a reasonable excuse.\nHowever, the chief executive may not make an application under this section if a penalty notice has been given to the railway manager for the breach and has not been revoked.\nTo remove any doubt, it is declared that the chief executive may make an application under this section without first giving the railway manager a proposed penalty notice.\nThe Supreme Court may order the railway manager to pay the State as a civil penalty an amount of no more than—\nfor breach of section 265 (1) , 266 (4) or 266 (5A) —$50,000; or\nfor breach of section 266 (5E) or 266A (2) —$250,000.\nIn fixing the penalty, the court must consider—\nthe nature and extent of the breach, including, for a breach of section 266 (5E) or 266A (2) —\nthe benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and\nthe extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266 (5E) or 266A (1) ; and\nthe extent of the social impact of the allocation of the train path; and\nthe circumstances in which the breach took place, including—\nwhether the breach was deliberate; and\nwhether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and\nwhether the railway manager has previously engaged in any similar conduct.\nIf the Supreme Court orders payment of an amount under this section, the State may enforce the order as a judgment of the court for a debt of that amount.\ns 266G ins 2010 No. 32 s 75\n(sec.266G-ssec.1) This section applies if, on the application of the chief executive, the Supreme Court is satisfied a railway manager has breached a train path obligation without a reasonable excuse.\n(sec.266G-ssec.2) However, the chief executive may not make an application under this section if a penalty notice has been given to the railway manager for the breach and has not been revoked.\n(sec.266G-ssec.3) To remove any doubt, it is declared that the chief executive may make an application under this section without first giving the railway manager a proposed penalty notice.\n(sec.266G-ssec.4) The Supreme Court may order the railway manager to pay the State as a civil penalty an amount of no more than— for breach of section 265 (1) , 266 (4) or 266 (5A) —$50,000; or for breach of section 266 (5E) or 266A (2) —$250,000.\n(sec.266G-ssec.5) In fixing the penalty, the court must consider— the nature and extent of the breach, including, for a breach of section 266 (5E) or 266A (2) — the benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and the extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266 (5E) or 266A (1) ; and the extent of the social impact of the allocation of the train path; and the circumstances in which the breach took place, including— whether the breach was deliberate; and whether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and whether the railway manager has previously engaged in any similar conduct.\n(sec.266G-ssec.6) If the Supreme Court orders payment of an amount under this section, the State may enforce the order as a judgment of the court for a debt of that amount.\n- (a) for breach of section 265 (1) , 266 (4) or 266 (5A) —$50,000; or\n- (b) for breach of section 266 (5E) or 266A (2) —$250,000.\n- (a) the nature and extent of the breach, including, for a breach of section 266 (5E) or 266A (2) — (i) the benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and (ii) the extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266 (5E) or 266A (1) ; and (iii) the extent of the social impact of the allocation of the train path; and\n- (i) the benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and\n- (ii) the extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266 (5E) or 266A (1) ; and\n- (iii) the extent of the social impact of the allocation of the train path; and\n- (b) the circumstances in which the breach took place, including— (i) whether the breach was deliberate; and (ii) whether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and\n- (i) whether the breach was deliberate; and\n- (ii) whether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and\n- (c) whether the railway manager has previously engaged in any similar conduct.\n- (i) the benefit that the railway manager has obtained, or is likely to obtain, from the allocation of the train path; and\n- (ii) the extent of the adverse economic impact of the allocation of the train path on providers, and customers of providers, of the service mentioned in section 266 (5E) or 266A (1) ; and\n- (iii) the extent of the social impact of the allocation of the train path; and\n- (i) whether the breach was deliberate; and\n- (ii) whether the railway manager took steps to attempt to prevent the breach occurring or to mitigate the effect of the breach; and","sortOrder":435},{"sectionNumber":"sec.266H","sectionType":"section","heading":"Conduct by directors, servants or agents of railway manager for provisions about civil penalty","content":"### sec.266H Conduct by directors, servants or agents of railway manager for provisions about civil penalty\n\nThis section applies for deciding whether a railway manager has failed to comply with a train path obligation without a reasonable excuse.\nIf it is necessary to be satisfied of a railway manager’s state of mind, it is enough to be satisfied that a director, servant or agent (a representative ) of the railway manager, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\nConduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager—\na representative of the railway manager, acting within the scope of the representative’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a representative of the railway manager, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\nConduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager—\na servant or agent of the railway manager, acting within the scope of the servant’s or agent’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a servant or agent of the railway manager, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\nIn this section—\nconsent or agreement includes an implied consent or agreement.\nstate of mind , of a person, may include—\nknowledge, intention, opinion, belief or purpose of the person; and\nthe person’s reasons for the person’s intention, opinion, belief or purpose.\ns 266H ins 2010 No. 32 s 75\n(sec.266H-ssec.1) This section applies for deciding whether a railway manager has failed to comply with a train path obligation without a reasonable excuse.\n(sec.266H-ssec.2) If it is necessary to be satisfied of a railway manager’s state of mind, it is enough to be satisfied that a director, servant or agent (a representative ) of the railway manager, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\n(sec.266H-ssec.3) Conduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager— a representative of the railway manager, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the railway manager, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n(sec.266H-ssec.4) Conduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager— a servant or agent of the railway manager, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a servant or agent of the railway manager, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n(sec.266H-ssec.5) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose.\n- (a) a representative of the railway manager, acting within the scope of the representative’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a representative of the railway manager, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n- (a) a servant or agent of the railway manager, acting within the scope of the servant’s or agent’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a servant or agent of the railway manager, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n- (a) knowledge, intention, opinion, belief or purpose of the person; and\n- (b) the person’s reasons for the person’s intention, opinion, belief or purpose.","sortOrder":436},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":437},{"sectionNumber":"sec.267","sectionType":"section","heading":"Definitions for chapter","content":"### sec.267 Definitions for chapter\n\nIn this chapter—\nairport ...\ns 267 def airport ins 2005 No. 22 s 8\nom 2008 No. 46 s 134\ncandidate GOC ...\ns 267 def candidate GOC om 1995 No. 9 s 92 sch 1\ncharge means an amount charged by a port authority or relevant entity.\ns 267 def charge sub 2010 No. 19 s 80\ncompletion day , in relation to the Port of Brisbane, means the beginning of the day of the first declaration of a port lessee for the port under section 289Y .\ns 267 def completion day ins 2010 No. 19 s 80 (2)\ncorporate plan means a corporate plan required by the Government Owned Corporations Act 1993 .\nextractive material means sand, gravel, boulders, clay, silt, mud or other material in or on land under tidal water, but does not include a mineral within the meaning of the Mineral Resources Act 1989 .\nGOC ...\ns 267 def GOC om 1995 No. 9 s 92 sch 1\nland means any land, whether above or below the ordinary high water mark at spring tides.\nLand Act means the Land Act 1994 .\ns 267 def Land Act ins 2010 No. 19 s 80 (2)\nlease includes a sublease.\ns 267 def lease ins 2010 No. 19 s 80 (2)\nnotice ...\ns 267 def notice om 1995 No. 9 s 92 sch 1\nport agreement see section 279B .\ns 267 def port agreement ins 2010 No. 19 s 80 (2)\nport area see section 267AA .\ns 267 def port area ins 2005 No. 22 s 8\nsub 2010 No. 19 s 80\nport entity —\nin relation to a port, other than the Port of Brisbane, means the port authority; or\nin relation to the Port of Brisbane, means each of the following—\nthe port lessor;\na port lessee;\na port manager.\ns 267 def port entity ins 2010 No. 19 s 80 (2)\nport facilities see section 267A .\ns 267 def port facilities ins 2005 No. 22 s 8\nport lessee means an entity declared to be a port lessee under section 289Y .\ns 267 def port lessee ins 2010 No. 19 s 80 (2)\nport lessor means an entity declared to be the port lessor under section 289Y .\ns 267 def port lessor ins 2010 No. 19 s 80 (2)\nport manager means an entity appointed as a port manager under section 289ZA .\ns 267 def port manager ins 2010 No. 19 s 80 (2)\nport operator means—\na port lessee or port manager to whom functions have been delegated under section 289Z ; or\notherwise—the port lessor.\ns 267 def port operator ins 2010 No. 19 s 80 (2)\nport services includes the following services relating to the management of a port area or port facilities—\nmonitoring and management of the movement of vessels, vehicles, goods and people in the port area;\nservices in relation to port facilities;\nservices in relation to dredging;\nservices in relation to reclaiming land;\nmanagement, monitoring or administration of the use of, and access to, port facilities;\nsecurity services and security monitoring services in the port area;\nservices relating to the safety of persons or things in the port area;\nservices relating to the preservation of the environment;\nissuing, and monitoring the use of, security identification;\ntraffic control services;\nemergency services;\nprocessing applications, reporting information and attending to other administrative matters for the management of the port.\ns 267 def port services ins 2010 No. 19 s 80 (2)\nport user includes the following—\nthe owner, master or agent of the owner of a vessel or vehicle using port facilities or port services;\nthe owner, consignor or consignee or person entitled to possession of goods located in or passing through the port area;\nthe agent of a person mentioned in paragraph (b) ;\na lessee or licensee of any part of the port area (other than a port operator or the port lessor) and their invitees.\ns 267 def port user ins 2010 No. 19 s 80 (2)\nrelevant entity see section 279A (1) .\ns 267 def relevant entity ins 2010 No. 19 s 80 (2)\nrequirement , of a port notice, includes a direction, instruction, indication, condition or other provision contained in the port notice.\ns 267 def requirement ins 2005 No. 22 s 8\nship has the same meaning as in the Transport Operations (Marine Safety) Act 1994 .\nstatement of corporate intent means a statement of corporate intent required by the Government Owned Corporations Act 1993 .\nstrategic port land means land that is strategic port land under section 286 .\nsublease includes the following—\nany derivative under lease;\na concurrent lease;\na concurrent lease of any derivative under lease.\ns 267 def sublease ins 2010 No. 19 s 80 (2)\ntrade lease means a lease of land under the Land Act that was transferred, whether before or after the commencement of section 477C , from the Port of Brisbane Corporation to the former Urban Land Development Authority under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 .\ns 267 def trade lease ins 2010 No. 19 s 80 (2)\namd 2012 No. 43 s 325 sch 2\nvehicle ...\ns 267 def vehicle om 1995 No. 57 s 4 sch 1\nvessel includes a boat, ship, seaplane, hovercraft or amphibious craft.\ns 267 def vessel ins 2010 No. 19 s 80 (2)\ns 267 ins 1994 No. 32 s 5\namd 1995 No. 32 s 12\n- (a) in relation to a port, other than the Port of Brisbane, means the port authority; or\n- (b) in relation to the Port of Brisbane, means each of the following— (i) the port lessor; (ii) a port lessee; (iii) a port manager.\n- (i) the port lessor;\n- (ii) a port lessee;\n- (iii) a port manager.\n- (i) the port lessor;\n- (ii) a port lessee;\n- (iii) a port manager.\n- (a) a port lessee or port manager to whom functions have been delegated under section 289Z ; or\n- (b) otherwise—the port lessor.\n- (a) monitoring and management of the movement of vessels, vehicles, goods and people in the port area;\n- (b) services in relation to port facilities;\n- (c) services in relation to dredging;\n- (d) services in relation to reclaiming land;\n- (e) management, monitoring or administration of the use of, and access to, port facilities;\n- (f) security services and security monitoring services in the port area;\n- (g) services relating to the safety of persons or things in the port area;\n- (h) services relating to the preservation of the environment;\n- (i) issuing, and monitoring the use of, security identification;\n- (j) traffic control services;\n- (k) emergency services;\n- (l) processing applications, reporting information and attending to other administrative matters for the management of the port.\n- (a) the owner, master or agent of the owner of a vessel or vehicle using port facilities or port services;\n- (b) the owner, consignor or consignee or person entitled to possession of goods located in or passing through the port area;\n- (c) the agent of a person mentioned in paragraph (b) ;\n- (d) a lessee or licensee of any part of the port area (other than a port operator or the port lessor) and their invitees.\n- (a) any derivative under lease;\n- (b) a concurrent lease;\n- (c) a concurrent lease of any derivative under lease.","sortOrder":438},{"sectionNumber":"sec.267AA","sectionType":"section","heading":"Meaning of port area","content":"### sec.267AA Meaning of port area\n\nPort area —\nof a port authority for a port, means the area of its strategic port land and port facilities, and within its port limits; or\nof a port entity other than a port authority, means each of the following—\nthe area of Brisbane core port land;\nthe area of its port facilities;\nthe area within its port limits;\nanother area prescribed by regulation.\nHowever, a port area mentioned in subsection (1) (b) does not include an area prescribed by regulation not to be part of the port area for that port.\nA regulation may define or amend the limits of the Port of Brisbane.\ns 267AA ins 2010 No. 19 s 81\n(sec.267AA-ssec.1) Port area — of a port authority for a port, means the area of its strategic port land and port facilities, and within its port limits; or of a port entity other than a port authority, means each of the following— the area of Brisbane core port land; the area of its port facilities; the area within its port limits; another area prescribed by regulation.\n(sec.267AA-ssec.2) However, a port area mentioned in subsection (1) (b) does not include an area prescribed by regulation not to be part of the port area for that port.\n(sec.267AA-ssec.3) A regulation may define or amend the limits of the Port of Brisbane.\n- (a) of a port authority for a port, means the area of its strategic port land and port facilities, and within its port limits; or\n- (b) of a port entity other than a port authority, means each of the following— (i) the area of Brisbane core port land; (ii) the area of its port facilities; (iii) the area within its port limits; (iv) another area prescribed by regulation.\n- (i) the area of Brisbane core port land;\n- (ii) the area of its port facilities;\n- (iii) the area within its port limits;\n- (iv) another area prescribed by regulation.\n- (i) the area of Brisbane core port land;\n- (ii) the area of its port facilities;\n- (iii) the area within its port limits;\n- (iv) another area prescribed by regulation.","sortOrder":439},{"sectionNumber":"sec.267A","sectionType":"section","heading":"Meaning of port facilities","content":"### sec.267A Meaning of port facilities\n\nPort facilities —\nof a port authority, means the facilities or land that are—\nowned or controlled by—\nthe port authority; or\nif the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\nused in the operation or strategic management of the port authority’s port; or\nof a port entity other than a port authority, means the facilities or land that are—\nowned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and\nused or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.\nFor subsection (1) (b) , a lease or licence of land or facilities granted, or other provision for the use of or access to land or facilities made, by a port entity other than a port authority for the benefit of a person is to be disregarded.\nPort facilities for a port entity other than a port authority also include land or facilities prescribed by regulation to be port facilities.\nPort facilities for a port entity other than a port authority do not include land or facilities prescribed by regulation not to be port facilities.\nwharf and port marine operational areas and shipping channels within port limits\nmarine and port structures\nberths and berth pockets\nship building facilities and dry docks\noffshore structures used for shipping purposes\nwharf protection devices\nhydraulic structures\nbulk loading and unloading facilities\nboat harbours and boat ramps\nvehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area\naccess roads and rail corridors\nroads, access corridors and flyovers\nconveyors\npipelines\nweighbridges\nmonitoring facilities\nsecurity facilities\ncommunication facilities\nmaterial handling or disposal areas\nvehicle parking facilities\nan airport\npublic, community and visitor facilities\npartially completed reclamation areas in areas designated as future strategic port land\npartially completed port facilities\ns 267A ins 2005 No. 22 s 9\namd 2008 No. 67 s 287 ; 2008 No. 46 s 135\nsub 2010 No. 19 s 82\n(sec.267A-ssec.1) Port facilities — of a port authority, means the facilities or land that are— owned or controlled by— the port authority; or if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and used in the operation or strategic management of the port authority’s port; or of a port entity other than a port authority, means the facilities or land that are— owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.\n(sec.267A-ssec.2) For subsection (1) (b) , a lease or licence of land or facilities granted, or other provision for the use of or access to land or facilities made, by a port entity other than a port authority for the benefit of a person is to be disregarded.\n(sec.267A-ssec.3) Port facilities for a port entity other than a port authority also include land or facilities prescribed by regulation to be port facilities.\n(sec.267A-ssec.4) Port facilities for a port entity other than a port authority do not include land or facilities prescribed by regulation not to be port facilities. wharf and port marine operational areas and shipping channels within port limits marine and port structures berths and berth pockets ship building facilities and dry docks offshore structures used for shipping purposes wharf protection devices hydraulic structures bulk loading and unloading facilities boat harbours and boat ramps vehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area access roads and rail corridors roads, access corridors and flyovers conveyors pipelines weighbridges monitoring facilities security facilities communication facilities material handling or disposal areas vehicle parking facilities an airport public, community and visitor facilities partially completed reclamation areas in areas designated as future strategic port land partially completed port facilities\n- (a) of a port authority, means the facilities or land that are— (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and (ii) used in the operation or strategic management of the port authority’s port; or\n- (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\n- (A) the port authority; or\n- (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\n- (ii) used in the operation or strategic management of the port authority’s port; or\n- (b) of a port entity other than a port authority, means the facilities or land that are— (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.\n- (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and\n- (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.\n- (i) owned or controlled by— (A) the port authority; or (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\n- (A) the port authority; or\n- (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\n- (ii) used in the operation or strategic management of the port authority’s port; or\n- (A) the port authority; or\n- (B) if the port authority is a GOC port authority—a wholly owned subsidiary of the port authority; and\n- (i) owned or controlled by a port entity other than a port authority, or leased or licensed to or occupied by, or constructed, managed, provided or maintained by a port entity other than a port authority; and\n- (ii) used or intended to be used in connection with the management, operation, development, maintenance of, or access to, the port entity’s port.\n- • wharf and port marine operational areas and shipping channels within port limits\n- • marine and port structures\n- • berths and berth pockets\n- • ship building facilities and dry docks\n- • offshore structures used for shipping purposes\n- • wharf protection devices\n- • hydraulic structures\n- • bulk loading and unloading facilities\n- • boat harbours and boat ramps\n- • vehicle and railway ferry terminals, oil and liquid product terminals and other terminals within the port area\n- • access roads and rail corridors\n- • roads, access corridors and flyovers\n- • conveyors\n- • pipelines\n- • weighbridges\n- • monitoring facilities\n- • security facilities\n- • communication facilities\n- • material handling or disposal areas\n- • vehicle parking facilities\n- • an airport\n- • public, community and visitor facilities\n- • partially completed reclamation areas in areas designated as future strategic port land\n- • partially completed port facilities","sortOrder":440},{"sectionNumber":"ch.8-pt.1A","sectionType":"part","heading":null,"content":"","sortOrder":441},{"sectionNumber":"sec.267AB","sectionType":"section","heading":null,"content":"### Section sec.267AB\n\ns 267AB ins 2008 No. 46 s 133\nexp on the day the Airport Assets (Restructuring and Disposal) Act 2008 , s 134 commenced (see s 267AD )","sortOrder":442},{"sectionNumber":"sec.267AC","sectionType":"section","heading":null,"content":"### Section sec.267AC\n\ns 267AC ins 2008 No. 46 s 133\nexp on the day the Airport Assets (Restructuring and Disposal) Act 2008 , s 134 commenced (see s 267AD )","sortOrder":443},{"sectionNumber":"sec.267AD","sectionType":"section","heading":null,"content":"### Section sec.267AD\n\ns 267AD ins 2008 No. 46 s 133\nexp on the day the Airport Assets (Restructuring and Disposal) Act 2008 , s 134 commenced (see s 267AD )","sortOrder":444},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Establishment, declaration and abolition of port authorities","content":"# Establishment, declaration and abolition of port authorities","sortOrder":445},{"sectionNumber":"sec.268","sectionType":"section","heading":"Establishment of new port authority","content":"### sec.268 Establishment of new port authority\n\nA regulation may establish a new port authority as a body corporate that has a seal and may sue and be sued in its corporate name.\nA regulation may also—\nspecify the name of the port authority; or\nspecify the name of the port it is to manage; or\ntransfer assets and liabilities to the authority.\ns 268 ins 1994 No. 32 s 5\n(sec.268-ssec.1) A regulation may establish a new port authority as a body corporate that has a seal and may sue and be sued in its corporate name.\n(sec.268-ssec.2) A regulation may also— specify the name of the port authority; or specify the name of the port it is to manage; or transfer assets and liabilities to the authority.\n- (a) specify the name of the port authority; or\n- (b) specify the name of the port it is to manage; or\n- (c) transfer assets and liabilities to the authority.","sortOrder":446},{"sectionNumber":"sec.269","sectionType":"section","heading":"Port authority is excluded matter for Corporations Act","content":"### sec.269 Port authority is excluded matter for Corporations Act\n\nA port authority established under section 268 is declared to be an excluded matter for the Corporations Act , section 5F in relation to the following provisions of the Corporations Act —\nparts 2D.1 and 2D.6 ;\nchapters 2K and 2L ;\nparts 5.7 , 5.7B , 5.9 and 5B.2 .\ns 269 ins 2002 No. 15 s 25 (retro)\n- (a) parts 2D.1 and 2D.6 ;\n- (b) chapters 2K and 2L ;\n- (c) parts 5.7 , 5.7B , 5.9 and 5B.2 .","sortOrder":447},{"sectionNumber":"sec.270","sectionType":"section","heading":"Abolition of port authority","content":"### sec.270 Abolition of port authority\n\nA regulation may abolish a port authority established under section 268 and transfer its functions to another port authority, the State or a local government (the transferee ).\nA regulation may also transfer to the transferee, or to a port authority, the State or a local government, assets and liabilities of the abolished port authority.\nA legal proceeding by or against the abolished port authority about the port, or transferred assets and liabilities, that is unfinished when the relevant regulation commences may be continued and finished by or against—\nthe transferee; or\nif the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.\ns 270 ins 1994 No. 32 s 5\namd 2005 No. 49 s 7\n(sec.270-ssec.1) A regulation may abolish a port authority established under section 268 and transfer its functions to another port authority, the State or a local government (the transferee ).\n(sec.270-ssec.2) A regulation may also transfer to the transferee, or to a port authority, the State or a local government, assets and liabilities of the abolished port authority.\n(sec.270-ssec.3) A legal proceeding by or against the abolished port authority about the port, or transferred assets and liabilities, that is unfinished when the relevant regulation commences may be continued and finished by or against— the transferee; or if the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.\n- (a) the transferee; or\n- (b) if the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.","sortOrder":448},{"sectionNumber":"sec.271","sectionType":"section","heading":"Transfer of management of a port","content":"### sec.271 Transfer of management of a port\n\nA regulation may transfer the management of a port from a port authority, the State or a local government (the transferor ) to a port authority, the State or a local government (the transferee ).\nA regulation may also transfer to the transferee, or to a port authority, the State or a local government, assets and liabilities of the transferor.\nA legal proceeding by or against the transferor about the port, or transferred assets or liabilities, that is unfinished when the relevant regulation commences may be continued and finished by or against—\nthe transferee; or\nif the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.\nSubsections (2) and (3) do not apply if—\nthe transferor and transferee are both GOC Act entities; and\nthe assets and liabilities of the transferor are transferred, under the Government Owned Corporations Act 1993 , to the transferee.\ns 271 ins 1994 No. 32 s 5\namd 2005 No. 49 s 8 ; 2007 No. 10 s 62 sch\n(sec.271-ssec.1) A regulation may transfer the management of a port from a port authority, the State or a local government (the transferor ) to a port authority, the State or a local government (the transferee ).\n(sec.271-ssec.2) A regulation may also transfer to the transferee, or to a port authority, the State or a local government, assets and liabilities of the transferor.\n(sec.271-ssec.3) A legal proceeding by or against the transferor about the port, or transferred assets or liabilities, that is unfinished when the relevant regulation commences may be continued and finished by or against— the transferee; or if the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.\n(sec.271-ssec.4) Subsections (2) and (3) do not apply if— the transferor and transferee are both GOC Act entities; and the assets and liabilities of the transferor are transferred, under the Government Owned Corporations Act 1993 , to the transferee.\n- (a) the transferee; or\n- (b) if the assets or liabilities concerned are transferred to a person mentioned in subsection (2) who is not the transferee—the person.\n- (a) the transferor and transferee are both GOC Act entities; and\n- (b) the assets and liabilities of the transferor are transferred, under the Government Owned Corporations Act 1993 , to the transferee.","sortOrder":449},{"sectionNumber":"sec.272","sectionType":"section","heading":"Regulation may make transitional arrangements","content":"### sec.272 Regulation may make transitional arrangements\n\nIf a port authority is established or abolished, or the management of a port is transferred, under this part, a regulation may make transitional arrangements about the establishment, abolition or transfer.\nThe transitional arrangements may include—\narrangements for the transfer of staff, and their superannuation and other entitlements; or\nother transitional arrangements necessary or convenient for the establishment, abolition or transfer.\nThis section does not apply if the transfer of the management of a port is from a port authority that is a GOC Act entity to another port authority that is also a GOC Act entity.\ns 272 ins 1994 No. 32 s 5\namd 2001 No. 71 s 551 sch 1 ; 2005 No. 49 s 9 ; 2007 No. 10 s 62 sch ; 2008 No. 31 s 72 sch\n(sec.272-ssec.1) If a port authority is established or abolished, or the management of a port is transferred, under this part, a regulation may make transitional arrangements about the establishment, abolition or transfer.\n(sec.272-ssec.2) The transitional arrangements may include— arrangements for the transfer of staff, and their superannuation and other entitlements; or other transitional arrangements necessary or convenient for the establishment, abolition or transfer.\n(sec.272-ssec.3) This section does not apply if the transfer of the management of a port is from a port authority that is a GOC Act entity to another port authority that is also a GOC Act entity.\n- (a) arrangements for the transfer of staff, and their superannuation and other entitlements; or\n- (b) other transitional arrangements necessary or convenient for the establishment, abolition or transfer.","sortOrder":450},{"sectionNumber":"sec.273","sectionType":"section","heading":"Management of port by State or local government","content":"### sec.273 Management of port by State or local government\n\nIf the State or a local government is given the management of a port under this chapter, the Minister or the local government has, for the port, all the functions and powers, and all the obligations, of a port authority under this chapter.\ns 273 ins 1994 No. 32 s 5","sortOrder":451},{"sectionNumber":"sec.274","sectionType":"section","heading":"Regulation may define port limits etc.","content":"### sec.274 Regulation may define port limits etc.\n\nA regulation may—\ndefine or amend the limits of a port, other than the Port of Brisbane; or\ngive a name to a port or change the name of a port; or\nfor a new port—transfer the management of the port to an existing port authority, the State or a local government; or\nchange the name of a port authority established under section 268 .\ns 274 ins 1994 No. 32 s 5\namd 2005 No. 49 s 10 ; 2010 No. 19 s 83\n- (a) define or amend the limits of a port, other than the Port of Brisbane; or\n- (b) give a name to a port or change the name of a port; or\n- (c) for a new port—transfer the management of the port to an existing port authority, the State or a local government; or\n- (d) change the name of a port authority established under section 268 .","sortOrder":452},{"sectionNumber":"sec.274A","sectionType":"section","heading":"Regulation may declare GOC Act entity to be port authority","content":"### sec.274A Regulation may declare GOC Act entity to be port authority\n\nFor a GOC Act entity, a regulation may do 1 or more of the following—\ndeclare the entity to be a port authority;\nprescribe the port the entity is to manage;\nrevoke the declaration of the entity as a port authority.\ns 274A ins 2005 No. 49 s 11\nsub 2007 No. 10 s 62 sch\n- (a) declare the entity to be a port authority;\n- (b) prescribe the port the entity is to manage;\n- (c) revoke the declaration of the entity as a port authority.","sortOrder":453},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Functions and powers of port authorities","content":"# Functions and powers of port authorities","sortOrder":454},{"sectionNumber":"sec.275","sectionType":"section","heading":"Functions of port authorities","content":"### sec.275 Functions of port authorities\n\nThe functions of a port authority are—\nto establish, manage, and operate effective and efficient port facilities and services in its port; and\nto make land available for—\nthe establishment, management and operation of effective and efficient port facilities and services in its port by other persons; or\nother purposes consistent with the operation of its port; and\nto provide or arrange for the provision of ancillary services or works necessary or convenient for the effective and efficient operation of its port; and\nto keep appropriate levels of safety and security in the provision and operation of the facilities and services; and\nto provide other services incidental to the performance of its other functions or likely to enhance the usage of the port; and\nwithout limiting any other paragraph of this subsection, in relation to strategic port land of the following port authorities—\nthe Far North Queensland Ports Corporation Limited—to provide or arrange for the development and use of its strategic port land at Cairns for residential and tourist accommodation;\nthe Far North Queensland Ports Corporation Limited—to plan or carry out works in relation to the development and use of strategic port land under subparagraph (i) ; and\nto perform any other functions conferred on it under this or another Act or under the regulations.\nA port authority’s functions as provided under subsection (1) may be removed, restricted or limited by regulation.\nIf a function mentioned in subsection (1) (g) is conferred on a port authority, the port authority must ensure a copy of a document specifying the function is available during business hours for inspection, or for purchase at a reasonable cost, at the office of the port authority in, or nearest to, each port to which it applies.\nIn this section—\nFar North Queensland Ports Corporation Limited means Far North Queensland Ports Corporation Limited ACN 131 836 014.\ns 275 ins 1994 No. 32 s 5\namd 2002 No. 71 s 12 ; 2005 No. 22 s 10 ; 2006 No. 21 s 130 ; 2009 No. 47 s 9 ; 2010 No. 19 s 84\n(sec.275-ssec.1) The functions of a port authority are— to establish, manage, and operate effective and efficient port facilities and services in its port; and to make land available for— the establishment, management and operation of effective and efficient port facilities and services in its port by other persons; or other purposes consistent with the operation of its port; and to provide or arrange for the provision of ancillary services or works necessary or convenient for the effective and efficient operation of its port; and to keep appropriate levels of safety and security in the provision and operation of the facilities and services; and to provide other services incidental to the performance of its other functions or likely to enhance the usage of the port; and without limiting any other paragraph of this subsection, in relation to strategic port land of the following port authorities— the Far North Queensland Ports Corporation Limited—to provide or arrange for the development and use of its strategic port land at Cairns for residential and tourist accommodation; the Far North Queensland Ports Corporation Limited—to plan or carry out works in relation to the development and use of strategic port land under subparagraph (i) ; and to perform any other functions conferred on it under this or another Act or under the regulations.\n(sec.275-ssec.2) A port authority’s functions as provided under subsection (1) may be removed, restricted or limited by regulation.\n(sec.275-ssec.3) If a function mentioned in subsection (1) (g) is conferred on a port authority, the port authority must ensure a copy of a document specifying the function is available during business hours for inspection, or for purchase at a reasonable cost, at the office of the port authority in, or nearest to, each port to which it applies.\n(sec.275-ssec.4) In this section— Far North Queensland Ports Corporation Limited means Far North Queensland Ports Corporation Limited ACN 131 836 014.\n- (a) to establish, manage, and operate effective and efficient port facilities and services in its port; and\n- (b) to make land available for— (i) the establishment, management and operation of effective and efficient port facilities and services in its port by other persons; or (ii) other purposes consistent with the operation of its port; and\n- (i) the establishment, management and operation of effective and efficient port facilities and services in its port by other persons; or\n- (ii) other purposes consistent with the operation of its port; and\n- (c) to provide or arrange for the provision of ancillary services or works necessary or convenient for the effective and efficient operation of its port; and\n- (d) to keep appropriate levels of safety and security in the provision and operation of the facilities and services; and\n- (e) to provide other services incidental to the performance of its other functions or likely to enhance the usage of the port; and\n- (f) without limiting any other paragraph of this subsection, in relation to strategic port land of the following port authorities— (i) the Far North Queensland Ports Corporation Limited—to provide or arrange for the development and use of its strategic port land at Cairns for residential and tourist accommodation; (iii) the Far North Queensland Ports Corporation Limited—to plan or carry out works in relation to the development and use of strategic port land under subparagraph (i) ; and\n- (i) the Far North Queensland Ports Corporation Limited—to provide or arrange for the development and use of its strategic port land at Cairns for residential and tourist accommodation;\n- (iii) the Far North Queensland Ports Corporation Limited—to plan or carry out works in relation to the development and use of strategic port land under subparagraph (i) ; and\n- (g) to perform any other functions conferred on it under this or another Act or under the regulations.\n- (i) the establishment, management and operation of effective and efficient port facilities and services in its port by other persons; or\n- (ii) other purposes consistent with the operation of its port; and\n- (i) the Far North Queensland Ports Corporation Limited—to provide or arrange for the development and use of its strategic port land at Cairns for residential and tourist accommodation;\n- (iii) the Far North Queensland Ports Corporation Limited—to plan or carry out works in relation to the development and use of strategic port land under subparagraph (i) ; and","sortOrder":455},{"sectionNumber":"sec.276","sectionType":"section","heading":"Port services function","content":"### sec.276 Port services function\n\nA port authority has, in addition to its functions under section 275 , the function of providing port services and ancillary services—\nwhether in or outside its port; and\nwhether in or outside Australia; and\nwhether for another port authority or for someone else.\nA GOC port authority is taken to have had the function mentioned in subsection (1) from when it became a GOC.\nHowever, subsection (2) does not apply to the function of providing port services to the extent the port services are pilotage services and arranging for the provision of pilotage services.\nIn this section—\nancillary services means services ancillary to the provision of port services, including services appropriate for complementing or enhancing the provision of port services.\ncompulsory pilotage area see TOMSA .\npilotage services see the Maritime Safety Queensland Act 2002 .\nport services means any of the following—\nservices relating to the establishment, operation or administration of ports;\npilotage services, or arranging for the provision of pilotage services, in the compulsory pilotage area for which the port authority is the responsible pilotage entity;\ndredging services;\nservices relating to the reclamation of land;\nconsultancy services about any of the services mentioned in paragraphs (a) to (d) .\nresponsible pilotage entity , for a compulsory pilotage area, see TOMSA , section 71A .\ns 276 ins 2000 No. 40 s 12\namd 2002 No. 29 s 16 sch 1 ; 2008 No. 67 s 288 ; 2008 No. 46 s 136 ; 2013 No. 40 s 15\n(sec.276-ssec.1) A port authority has, in addition to its functions under section 275 , the function of providing port services and ancillary services— whether in or outside its port; and whether in or outside Australia; and whether for another port authority or for someone else.\n(sec.276-ssec.2) A GOC port authority is taken to have had the function mentioned in subsection (1) from when it became a GOC.\n(sec.276-ssec.3) However, subsection (2) does not apply to the function of providing port services to the extent the port services are pilotage services and arranging for the provision of pilotage services.\n(sec.276-ssec.4) In this section— ancillary services means services ancillary to the provision of port services, including services appropriate for complementing or enhancing the provision of port services. compulsory pilotage area see TOMSA . pilotage services see the Maritime Safety Queensland Act 2002 . port services means any of the following— services relating to the establishment, operation or administration of ports; pilotage services, or arranging for the provision of pilotage services, in the compulsory pilotage area for which the port authority is the responsible pilotage entity; dredging services; services relating to the reclamation of land; consultancy services about any of the services mentioned in paragraphs (a) to (d) . responsible pilotage entity , for a compulsory pilotage area, see TOMSA , section 71A .\n- (a) whether in or outside its port; and\n- (b) whether in or outside Australia; and\n- (c) whether for another port authority or for someone else.\n- (a) services relating to the establishment, operation or administration of ports;\n- (b) pilotage services, or arranging for the provision of pilotage services, in the compulsory pilotage area for which the port authority is the responsible pilotage entity;\n- (c) dredging services;\n- (d) services relating to the reclamation of land;\n- (e) consultancy services about any of the services mentioned in paragraphs (a) to (d) .","sortOrder":456},{"sectionNumber":"sec.277","sectionType":"section","heading":"Powers of port authorities or port lessor subject to Marine Safety Act","content":"### sec.277 Powers of port authorities or port lessor subject to Marine Safety Act\n\nThe powers of a port authority or port lessor under this chapter, including powers conferred by a regulation, must be exercised subject to the powers of—\nthe general manager under part 14A of the Marine Safety Act ; or\na harbour master under the Marine Safety Act about marine safety and navigation.\nIn this section—\nMarine Safety Act means the Transport Operations (Marine Safety) Act 1994 .\ns 277 ins 1994 No. 32 s 5\namd 2009 No. 47 s 10 ; 2010 No. 19 s 85\n(sec.277-ssec.1) The powers of a port authority or port lessor under this chapter, including powers conferred by a regulation, must be exercised subject to the powers of— the general manager under part 14A of the Marine Safety Act ; or a harbour master under the Marine Safety Act about marine safety and navigation.\n(sec.277-ssec.2) In this section— Marine Safety Act means the Transport Operations (Marine Safety) Act 1994 .\n- (a) the general manager under part 14A of the Marine Safety Act ; or\n- (b) a harbour master under the Marine Safety Act about marine safety and navigation.","sortOrder":457},{"sectionNumber":"sec.278","sectionType":"section","heading":"Powers of port authorities","content":"### sec.278 Powers of port authorities\n\nIn addition to the powers a port authority has because of this chapter, each port authority has all powers necessary or convenient for performing its functions.\nWithout limiting subsection (1) , a port authority’s powers include power—\nto dredge and otherwise maintain or improve navigational channels in its port; and\nto reduce or remove a shoal, bank or accumulation in its port that, in the port authority’s opinion, impedes navigation in its port.\nA port authority is not liable to pay royalties or similar charges for extractive material removed—\nto maintain or improve navigational channels in its port, or improve navigation in its port, if the material is disposed of—\nin an area associated with port activities and approved by the Minister; and\nunder relevant statutory environmental controls; or\nto reclaim land that is, or is proposed to be, strategic port land.\ns 278 ins 1994 No. 32 s 5\namd 2007 No. 10 s 62 sch\n(sec.278-ssec.1) In addition to the powers a port authority has because of this chapter, each port authority has all powers necessary or convenient for performing its functions.\n(sec.278-ssec.2) Without limiting subsection (1) , a port authority’s powers include power— to dredge and otherwise maintain or improve navigational channels in its port; and to reduce or remove a shoal, bank or accumulation in its port that, in the port authority’s opinion, impedes navigation in its port.\n(sec.278-ssec.3) A port authority is not liable to pay royalties or similar charges for extractive material removed— to maintain or improve navigational channels in its port, or improve navigation in its port, if the material is disposed of— in an area associated with port activities and approved by the Minister; and under relevant statutory environmental controls; or to reclaim land that is, or is proposed to be, strategic port land.\n- (a) to dredge and otherwise maintain or improve navigational channels in its port; and\n- (b) to reduce or remove a shoal, bank or accumulation in its port that, in the port authority’s opinion, impedes navigation in its port.\n- (a) to maintain or improve navigational channels in its port, or improve navigation in its port, if the material is disposed of— (i) in an area associated with port activities and approved by the Minister; and (ii) under relevant statutory environmental controls; or\n- (i) in an area associated with port activities and approved by the Minister; and\n- (ii) under relevant statutory environmental controls; or\n- (b) to reclaim land that is, or is proposed to be, strategic port land.\n- (i) in an area associated with port activities and approved by the Minister; and\n- (ii) under relevant statutory environmental controls; or","sortOrder":458},{"sectionNumber":"sec.278A","sectionType":"section","heading":"Functions and powers of port authority that is a GOC not limited","content":"### sec.278A Functions and powers of port authority that is a GOC not limited\n\nThis chapter does not limit the functions or powers a port authority that is a GOC may have.\ns 278A ins 2007 No. 10 s 62 sch","sortOrder":459},{"sectionNumber":"ch.8-pt.3A","sectionType":"part","heading":"Liability for, and recovery of, charges and expenses","content":"# Liability for, and recovery of, charges and expenses","sortOrder":460},{"sectionNumber":"sec.279","sectionType":"section","heading":"Port authority may impose a charge","content":"### sec.279 Port authority may impose a charge\n\nA port authority may impose a charge for the use of its port area.\nA charge may, for example, be imposed by reference to—\na ship using its port; or\ngoods or passengers loaded, unloaded or transhipped to or from a ship using port facilities in its port.\nThis section does not limit the powers a port authority has apart from this section.\ns 279 ins 1994 No. 32 s 5\namd 1994 No. 43 s 143 sch 3 ; 2000 No. 5 s 461 sch 3\nsub 2005 No. 22 s 11\namd 2008 No. 46 s 137\n(sec.279-ssec.1) A port authority may impose a charge for the use of its port area.\n(sec.279-ssec.2) A charge may, for example, be imposed by reference to— a ship using its port; or goods or passengers loaded, unloaded or transhipped to or from a ship using port facilities in its port.\n(sec.279-ssec.3) This section does not limit the powers a port authority has apart from this section.\n- (a) a ship using its port; or\n- (b) goods or passengers loaded, unloaded or transhipped to or from a ship using port facilities in its port.","sortOrder":461},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Relevant entity may impose charges","content":"### sec.279A Relevant entity may impose charges\n\nThe port lessor, a port lessee or a port manager (a relevant entity ) may impose charges in relation to port services and port facilities, including in relation to—\nthe acquisition, establishment, construction, improvement, operation and maintenance of port facilities; and\nworks relating to port facilities including dredging and disposal of dredged material and reclamation of land.\nSubsection (1) is subject to—\nany conditions or limitations on charges in any port agreement to which the relevant entity is a party; and\nany agreement between the relevant entity and a port user.\nThe relevant entity must maintain a website and must publish its standard charges and conditions on the website.\nA charge may not be imposed on a person who is exempt from payment of the charge under—\nsubject to section 279B (4) , a port agreement to which the relevant entity is a party; or\na regulation made under section 281C .\nThis section does not limit the powers or rights that the relevant entity has apart from this section, except to the extent stated in this section.\ns 279A ins 2010 No. 19 s 86\n(sec.279A-ssec.1) The port lessor, a port lessee or a port manager (a relevant entity ) may impose charges in relation to port services and port facilities, including in relation to— the acquisition, establishment, construction, improvement, operation and maintenance of port facilities; and works relating to port facilities including dredging and disposal of dredged material and reclamation of land.\n(sec.279A-ssec.2) Subsection (1) is subject to— any conditions or limitations on charges in any port agreement to which the relevant entity is a party; and any agreement between the relevant entity and a port user.\n(sec.279A-ssec.3) The relevant entity must maintain a website and must publish its standard charges and conditions on the website.\n(sec.279A-ssec.4) A charge may not be imposed on a person who is exempt from payment of the charge under— subject to section 279B (4) , a port agreement to which the relevant entity is a party; or a regulation made under section 281C .\n(sec.279A-ssec.5) This section does not limit the powers or rights that the relevant entity has apart from this section, except to the extent stated in this section.\n- (a) the acquisition, establishment, construction, improvement, operation and maintenance of port facilities; and\n- (b) works relating to port facilities including dredging and disposal of dredged material and reclamation of land.\n- (a) any conditions or limitations on charges in any port agreement to which the relevant entity is a party; and\n- (b) any agreement between the relevant entity and a port user.\n- (a) subject to section 279B (4) , a port agreement to which the relevant entity is a party; or\n- (b) a regulation made under section 281C .","sortOrder":462},{"sectionNumber":"sec.279B","sectionType":"section","heading":"Port agreement","content":"### sec.279B Port agreement\n\nThe Minister may, for the State, enter into an agreement (a port agreement ) with a relevant entity about charges imposed by the relevant entity under section 279A .\nWithout limiting subsection (1) , a port agreement may—\nprovide for exemptions, or partial exemptions, from payment of charges, including interest on charges, imposed by the relevant entity; or\nimpose obligations or conditions in relation to the provision of port services or port facilities or the exercise of powers by the relevant entity under section 279A .\nA port agreement may oblige a relevant entity to undertake stated capital or maintenance works as a condition of imposing charges.\nSubsection (2) (a) does not limit the power of a relevant entity to otherwise exempt or partially exempt a person from a charge, including any interest on a charge, imposed by the relevant entity.\nIf there is an inconsistency between the port agreement and a regulation made under section 281C , the regulation prevails to the extent of the inconsistency.\nThe Minister must table each port agreement, and each amendment of a port agreement, in the Legislative Assembly as soon as practicable after it is entered into.\nIn this section—\nMinister means the Minister who administers this section or the Treasurer.\ns 279B ins 2010 No. 19 s 86\n(sec.279B-ssec.1) The Minister may, for the State, enter into an agreement (a port agreement ) with a relevant entity about charges imposed by the relevant entity under section 279A .\n(sec.279B-ssec.2) Without limiting subsection (1) , a port agreement may— provide for exemptions, or partial exemptions, from payment of charges, including interest on charges, imposed by the relevant entity; or impose obligations or conditions in relation to the provision of port services or port facilities or the exercise of powers by the relevant entity under section 279A . A port agreement may oblige a relevant entity to undertake stated capital or maintenance works as a condition of imposing charges.\n(sec.279B-ssec.3) Subsection (2) (a) does not limit the power of a relevant entity to otherwise exempt or partially exempt a person from a charge, including any interest on a charge, imposed by the relevant entity.\n(sec.279B-ssec.4) If there is an inconsistency between the port agreement and a regulation made under section 281C , the regulation prevails to the extent of the inconsistency.\n(sec.279B-ssec.5) The Minister must table each port agreement, and each amendment of a port agreement, in the Legislative Assembly as soon as practicable after it is entered into.\n(sec.279B-ssec.6) In this section— Minister means the Minister who administers this section or the Treasurer.\n- (a) provide for exemptions, or partial exemptions, from payment of charges, including interest on charges, imposed by the relevant entity; or\n- (b) impose obligations or conditions in relation to the provision of port services or port facilities or the exercise of powers by the relevant entity under section 279A . Example— A port agreement may oblige a relevant entity to undertake stated capital or maintenance works as a condition of imposing charges.","sortOrder":463},{"sectionNumber":"sec.280","sectionType":"section","heading":"Liability for a charge in relation to a ship","content":"### sec.280 Liability for a charge in relation to a ship\n\nIf a charge is payable in relation to a ship, the following persons are jointly and severally liable for the charge—\nthe owner of the ship;\nthe master of the ship;\nthe agent of the ship’s owner;\nanother person who has accepted liability for the charge.\ns 280 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 11\n- (a) the owner of the ship;\n- (b) the master of the ship;\n- (c) the agent of the ship’s owner;\n- (d) another person who has accepted liability for the charge.","sortOrder":464},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 11\nom 2008 No. 46 s 138","sortOrder":465},{"sectionNumber":"sec.281A","sectionType":"section","heading":"Liability for a charge in relation to goods","content":"### sec.281A Liability for a charge in relation to goods\n\nIf a charge is payable in relation to goods, the following persons are jointly and severally liable for the charge—\nthe owner of the goods;\nthe consignor and consignee of the goods;\nthe agent for the sale or custody of the goods;\nthe person entitled to possession of the goods;\nfor goods transported by ship—\nthe owner of the ship; and\nthe master of the ship;\nanother person who has accepted liability for the charge.\ns 281A ins 2005 No. 22 s 11\namd 2008 No. 46 s 139\n- (a) the owner of the goods;\n- (b) the consignor and consignee of the goods;\n- (c) the agent for the sale or custody of the goods;\n- (d) the person entitled to possession of the goods;\n- (e) for goods transported by ship— (i) the owner of the ship; and (ii) the master of the ship;\n- (i) the owner of the ship; and\n- (ii) the master of the ship;\n- (f) another person who has accepted liability for the charge.\n- (i) the owner of the ship; and\n- (ii) the master of the ship;","sortOrder":466},{"sectionNumber":"sec.281B","sectionType":"section","heading":"Liability for a charge in relation to passengers","content":"### sec.281B Liability for a charge in relation to passengers\n\nIf a charge is payable in relation to passengers on a ship, the following persons are jointly and severally liable for the charge—\nthe owner of the ship;\nthe master of the ship;\nthe agent of the ship’s owner;\nanother person who has accepted liability for the charge.\ns 281B ins 2005 No. 22 s 11\nsub 2008 No. 46 s 140\n- (a) the owner of the ship;\n- (b) the master of the ship;\n- (c) the agent of the ship’s owner;\n- (d) another person who has accepted liability for the charge.","sortOrder":467},{"sectionNumber":"sec.281C","sectionType":"section","heading":"Payment of a charge and interest on an unpaid charge","content":"### sec.281C Payment of a charge and interest on an unpaid charge\n\nA charge imposed by a port authority or relevant entity is payable within a reasonable time decided by the port authority or relevant entity.\nIf the charge is not paid on or before the day the charge is due, interest is payable on the unpaid amount of the charge at a reasonable rate decided by the port authority or relevant entity.\nThe port authority or relevant entity may recover a charge, or part of a charge, and any interest payable in relation to the charge, as a debt payable to the port authority or relevant entity.\nA regulation may provide for exemptions from the payment of charges, including any interest on a charge.\nSubsection (4) does not affect or limit the power of a port authority or relevant entity to exempt or partially exempt a person from a charge, including any interest on the charge, imposed by a port authority or relevant entity.\ns 281C ins 2005 No. 22 s 11\namd 2010 No. 19 s 87\n(sec.281C-ssec.1) A charge imposed by a port authority or relevant entity is payable within a reasonable time decided by the port authority or relevant entity.\n(sec.281C-ssec.2) If the charge is not paid on or before the day the charge is due, interest is payable on the unpaid amount of the charge at a reasonable rate decided by the port authority or relevant entity.\n(sec.281C-ssec.3) The port authority or relevant entity may recover a charge, or part of a charge, and any interest payable in relation to the charge, as a debt payable to the port authority or relevant entity.\n(sec.281C-ssec.4) A regulation may provide for exemptions from the payment of charges, including any interest on a charge.\n(sec.281C-ssec.5) Subsection (4) does not affect or limit the power of a port authority or relevant entity to exempt or partially exempt a person from a charge, including any interest on the charge, imposed by a port authority or relevant entity.","sortOrder":468},{"sectionNumber":"sec.281D","sectionType":"section","heading":"Liability for movement of ships, vehicles, goods or rolling stock","content":"### sec.281D Liability for movement of ships, vehicles, goods or rolling stock\n\nThis section applies if a port authority or port operator incurs an expense because an authorised officer of the port authority or port lessor moves, or takes a step to move, a ship, a vehicle, goods or rolling stock under part 3B .\nThe amount of the expense, to the extent that the amount is reasonable, is a debt owing to the port authority or port operator by—\nfor a ship or goods—the persons who are liable for a charge payable in relation to the ship or goods; or\nfor a vehicle or rolling stock—the owner and driver of the vehicle or rolling stock.\nThe liability of persons mentioned in subsection (2) (a) and (b) is joint and several.\ns 281D ins 2005 No. 22 s 11\namd 2008 No. 46 s 141 ; 2010 No. 19 s 88\n(sec.281D-ssec.1) This section applies if a port authority or port operator incurs an expense because an authorised officer of the port authority or port lessor moves, or takes a step to move, a ship, a vehicle, goods or rolling stock under part 3B .\n(sec.281D-ssec.2) The amount of the expense, to the extent that the amount is reasonable, is a debt owing to the port authority or port operator by— for a ship or goods—the persons who are liable for a charge payable in relation to the ship or goods; or for a vehicle or rolling stock—the owner and driver of the vehicle or rolling stock.\n(sec.281D-ssec.3) The liability of persons mentioned in subsection (2) (a) and (b) is joint and several.\n- (a) for a ship or goods—the persons who are liable for a charge payable in relation to the ship or goods; or\n- (b) for a vehicle or rolling stock—the owner and driver of the vehicle or rolling stock.","sortOrder":469},{"sectionNumber":"sec.281E","sectionType":"section","heading":"Liability for damage to port facilities","content":"### sec.281E Liability for damage to port facilities\n\nIf damage is caused by a ship to port facilities, the following persons are jointly and severally liable for the damage—\nthe owner of the ship;\nthe master of the ship;\nthe agent of the ship’s owner.\nIf damage is caused to port facilities by floating or submerged material, the owner of the material is liable for the damage if the damage happened because of the intentional, reckless or negligent act of the owner.\nA port entity may recover its reasonable cost of rectifying the damage as a debt payable to the entity.\ns 281E ins 2005 No. 22 s 11\namd 2008 No. 46 s 142 ; 2010 No. 19 s 89\n(sec.281E-ssec.1) If damage is caused by a ship to port facilities, the following persons are jointly and severally liable for the damage— the owner of the ship; the master of the ship; the agent of the ship’s owner.\n(sec.281E-ssec.2) If damage is caused to port facilities by floating or submerged material, the owner of the material is liable for the damage if the damage happened because of the intentional, reckless or negligent act of the owner.\n(sec.281E-ssec.3) A port entity may recover its reasonable cost of rectifying the damage as a debt payable to the entity.\n- (a) the owner of the ship;\n- (b) the master of the ship;\n- (c) the agent of the ship’s owner.","sortOrder":470},{"sectionNumber":"sec.281F","sectionType":"section","heading":"Security for payment of charges and potential liabilities","content":"### sec.281F Security for payment of charges and potential liabilities\n\nA port entity may, by written notice, require a person to give the port entity a security deposit as security for a liability or debt incurred, or that may be incurred, to it under this part in relation to—\nthe payment of a charge; or\ndamage caused, or that may be caused, to port facilities.\nThe security deposit must be in or for an amount decided by the port entity that is a reasonable amount having regard to the liability or potential liability of the person under this part.\nThe security deposit may be—\ncash; or\na guarantee from a financial institution; or\nin another form accepted by the port entity.\nThe port entity may appropriate or partly appropriate a security deposit to meet the liability or indebtedness of the person if the liability or debt is unpaid after becoming due.\nIf a security deposit is appropriated or partly appropriated, the port entity may, by written notice, require the person to give the port entity a further security deposit.\nAlso, if the port entity considers that the person’s liability or indebtedness, or potential liability or indebtedness, to it under this part should be more adequately guaranteed, the port entity may, by written notice, require the person to give the port entity a security deposit in a greater amount, or in a different form, or both.\ns 281F ins 2005 No. 22 s 11\namd 2010 No. 19 s 90\n(sec.281F-ssec.1) A port entity may, by written notice, require a person to give the port entity a security deposit as security for a liability or debt incurred, or that may be incurred, to it under this part in relation to— the payment of a charge; or damage caused, or that may be caused, to port facilities.\n(sec.281F-ssec.2) The security deposit must be in or for an amount decided by the port entity that is a reasonable amount having regard to the liability or potential liability of the person under this part.\n(sec.281F-ssec.3) The security deposit may be— cash; or a guarantee from a financial institution; or in another form accepted by the port entity.\n(sec.281F-ssec.4) The port entity may appropriate or partly appropriate a security deposit to meet the liability or indebtedness of the person if the liability or debt is unpaid after becoming due.\n(sec.281F-ssec.5) If a security deposit is appropriated or partly appropriated, the port entity may, by written notice, require the person to give the port entity a further security deposit.\n(sec.281F-ssec.6) Also, if the port entity considers that the person’s liability or indebtedness, or potential liability or indebtedness, to it under this part should be more adequately guaranteed, the port entity may, by written notice, require the person to give the port entity a security deposit in a greater amount, or in a different form, or both.\n- (a) the payment of a charge; or\n- (b) damage caused, or that may be caused, to port facilities.\n- (a) cash; or\n- (b) a guarantee from a financial institution; or\n- (c) in another form accepted by the port entity.","sortOrder":471},{"sectionNumber":"ch.8-pt.3B","sectionType":"part","heading":"Control of activities at ports","content":"# Control of activities at ports","sortOrder":472},{"sectionNumber":"ch.8-pt.3B-div.1","sectionType":"division","heading":"Port notices","content":"## Port notices","sortOrder":473},{"sectionNumber":"sec.282","sectionType":"section","heading":"Port authority or port lessor may control activities by port notice","content":"### sec.282 Port authority or port lessor may control activities by port notice\n\nA port authority or port lessor may display or publish a notice (a port notice ) to control activities or conduct in its port area if the port authority or port lessor reasonably considers the activities or conduct may—\naffect the port’s operation; or\ncause damage to the port authority’s strategic port land or Brisbane core port land; or\ncause damage to the environment.\nWithout limiting subsection (1) , the purposes for which a port authority or port lessor may display or publish a port notice include—\nmaintaining or improving the safe, secure or efficient operation of its port; or\nA port authority or port lessor may issue a port notice to ensure that the loading or unloading operations at the port facilities are carried out efficiently.\nmaintaining fair or reasonable access to port facilities for users of its port; or\nA port authority or port lessor may issue a port notice to ensure that a user of its port facilities does not unreasonably restrict the access of other users of its port facilities.\nmoving or mooring ships within its port area; or\nmanaging controlled activities; or\npreventing damage to strategic port land or Brisbane core port land; or\npreventing damage to the environment.\nThis section does not limit the powers a port authority or port lessor has under this division.\ns 282 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 11\namd 2008 No. 46 s 143 ; 2010 No. 19 s 91\n(sec.282-ssec.1) A port authority or port lessor may display or publish a notice (a port notice ) to control activities or conduct in its port area if the port authority or port lessor reasonably considers the activities or conduct may— affect the port’s operation; or cause damage to the port authority’s strategic port land or Brisbane core port land; or cause damage to the environment.\n(sec.282-ssec.2) Without limiting subsection (1) , the purposes for which a port authority or port lessor may display or publish a port notice include— maintaining or improving the safe, secure or efficient operation of its port; or A port authority or port lessor may issue a port notice to ensure that the loading or unloading operations at the port facilities are carried out efficiently. maintaining fair or reasonable access to port facilities for users of its port; or A port authority or port lessor may issue a port notice to ensure that a user of its port facilities does not unreasonably restrict the access of other users of its port facilities. moving or mooring ships within its port area; or managing controlled activities; or preventing damage to strategic port land or Brisbane core port land; or preventing damage to the environment.\n(sec.282-ssec.3) This section does not limit the powers a port authority or port lessor has under this division.\n- (a) affect the port’s operation; or\n- (b) cause damage to the port authority’s strategic port land or Brisbane core port land; or\n- (c) cause damage to the environment.\n- (a) maintaining or improving the safe, secure or efficient operation of its port; or Example for paragraph (a) — A port authority or port lessor may issue a port notice to ensure that the loading or unloading operations at the port facilities are carried out efficiently.\n- (b) maintaining fair or reasonable access to port facilities for users of its port; or Example for paragraph (b) — A port authority or port lessor may issue a port notice to ensure that a user of its port facilities does not unreasonably restrict the access of other users of its port facilities.\n- (c) moving or mooring ships within its port area; or\n- (d) managing controlled activities; or\n- (e) preventing damage to strategic port land or Brisbane core port land; or\n- (f) preventing damage to the environment.","sortOrder":474},{"sectionNumber":"sec.282AA","sectionType":"section","heading":"Port lessor may give port notice requiring information","content":"### sec.282AA Port lessor may give port notice requiring information\n\nThe port lessor may display or publish a port notice requiring a person or class of persons to produce to the port lessor or port lessor’s delegate, information relevant to the following—\nthe provision or use of port services;\nthe calculation of charges;\nthe provision, use or preservation of port facilities;\nthe management, operation, safety, security or efficiency of the port;\ninformation requested by a Commonwealth or State entity.\nFor subsection (1) , the information requested may include the following—\na description of vessels, vehicles, goods and commodities entering or located in the port area;\ndata about the movement of vessels, vehicles or passengers and the movement and storage of goods and commodities;\ninformation about the efficiency of operations and other logistical matters.\ns 282AA ins 2010 No. 19 s 92\n(sec.282AA-ssec.1) The port lessor may display or publish a port notice requiring a person or class of persons to produce to the port lessor or port lessor’s delegate, information relevant to the following— the provision or use of port services; the calculation of charges; the provision, use or preservation of port facilities; the management, operation, safety, security or efficiency of the port; information requested by a Commonwealth or State entity.\n(sec.282AA-ssec.2) For subsection (1) , the information requested may include the following— a description of vessels, vehicles, goods and commodities entering or located in the port area; data about the movement of vessels, vehicles or passengers and the movement and storage of goods and commodities; information about the efficiency of operations and other logistical matters.\n- (a) the provision or use of port services;\n- (b) the calculation of charges;\n- (c) the provision, use or preservation of port facilities;\n- (d) the management, operation, safety, security or efficiency of the port;\n- (e) information requested by a Commonwealth or State entity.\n- (a) a description of vessels, vehicles, goods and commodities entering or located in the port area;\n- (b) data about the movement of vessels, vehicles or passengers and the movement and storage of goods and commodities;\n- (c) information about the efficiency of operations and other logistical matters.","sortOrder":475},{"sectionNumber":"sec.282A","sectionType":"section","heading":"Port notice—movement or mooring of, or activities on or by, ships","content":"### sec.282A Port notice—movement or mooring of, or activities on or by, ships\n\nA port authority or port lessor may control by port notice—\nthe movement or mooring of ships at its port facilities; or\nthe movement or mooring of ships if the movement or mooring may affect the port’s operation; or\nactivities on or by ships moored at its port facilities or in its port if the activities may affect the port’s operation.\ns 282A ins 2005 No. 22 s 11\namd 2010 No. 19 s 93\n- (a) the movement or mooring of ships at its port facilities; or\n- (b) the movement or mooring of ships if the movement or mooring may affect the port’s operation; or\n- (c) activities on or by ships moored at its port facilities or in its port if the activities may affect the port’s operation.","sortOrder":476},{"sectionNumber":"sec.282B","sectionType":"section","heading":null,"content":"### Section sec.282B\n\ns 282B ins 2005 No. 22 s 11\nom 2008 No. 46 s 144","sortOrder":477},{"sectionNumber":"sec.282C","sectionType":"section","heading":"Port notice—movement, handling or storage of goods","content":"### sec.282C Port notice—movement, handling or storage of goods\n\nA port authority or port lessor may control by port notice the movement, handling or storage of goods loaded, waiting to be loaded, unloaded or transhipped to or from ships at its port facilities.\ns 282C ins 2005 No. 22 s 11\namd 2008 No. 46 s 145 ; 2010 No. 19 s 94","sortOrder":478},{"sectionNumber":"sec.282D","sectionType":"section","heading":"Port notice—movement of persons","content":"### sec.282D Port notice—movement of persons\n\nA port authority or port lessor may control by port notice the movement of persons at its port facilities including, for example, where the movement of members of the public, or another identified group, is restricted or prohibited.\ns 282D ins 2005 No. 22 s 11\namd 2010 No. 19 s 95","sortOrder":479},{"sectionNumber":"sec.282E","sectionType":"section","heading":"Port notice—parking or stopping of vehicles","content":"### sec.282E Port notice—parking or stopping of vehicles\n\nA port authority or port lessor may control by port notice the parking or stopping of vehicles at or on its port facilities, strategic port land or Brisbane core port land including, for example, by indicating a place where parking or stopping of a vehicle is restricted or prohibited.\nHowever, a port authority’s or port lessor’s power to control a matter mentioned in subsection (1) by port notice is subject to the control of the matter by an official traffic sign installed under the Transport Operations (Road Use Management) Act 1995 , chapter 5 , part 2 , by the chief executive within the meaning of that part.\ns 282E ins 2005 No. 22 s 11\namd 2010 No. 19 s 96\n(sec.282E-ssec.1) A port authority or port lessor may control by port notice the parking or stopping of vehicles at or on its port facilities, strategic port land or Brisbane core port land including, for example, by indicating a place where parking or stopping of a vehicle is restricted or prohibited.\n(sec.282E-ssec.2) However, a port authority’s or port lessor’s power to control a matter mentioned in subsection (1) by port notice is subject to the control of the matter by an official traffic sign installed under the Transport Operations (Road Use Management) Act 1995 , chapter 5 , part 2 , by the chief executive within the meaning of that part.","sortOrder":480},{"sectionNumber":"sec.282F","sectionType":"section","heading":"Port notice—movement, stopping or parking of rolling stock","content":"### sec.282F Port notice—movement, stopping or parking of rolling stock\n\nA port authority or port lessor may control by port notice the movement, stopping or parking of rolling stock at its port facilities including, for example, by indicating where parking of rolling stock is restricted or prohibited.\ns 282F ins 2005 No. 22 s 11\namd 2010 No. 19 s 97","sortOrder":481},{"sectionNumber":"sec.282G","sectionType":"section","heading":"Display or publication of port notices","content":"### sec.282G Display or publication of port notices\n\nTo have effect, a port notice must—\nbe displayed on or near the thing to which it relates; or\nbe published on the port authority’s, port lessor’s or port lessor’s delegate’s web site on the internet.\nBefore a port notice mentioned in subsection (1) (b) has effect, the port authority or port lessor issuing the port notice must publish it on at least 2 occasions in a newspaper circulated in the area to which the port notice relates.\nA copy of a port notice must be available during normal business hours for inspection, or for purchase at a reasonable cost, at the office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\ns 282G ins 2005 No. 22 s 11\namd 2010 No. 19 s 98\n(sec.282G-ssec.1) To have effect, a port notice must— be displayed on or near the thing to which it relates; or be published on the port authority’s, port lessor’s or port lessor’s delegate’s web site on the internet.\n(sec.282G-ssec.2) Before a port notice mentioned in subsection (1) (b) has effect, the port authority or port lessor issuing the port notice must publish it on at least 2 occasions in a newspaper circulated in the area to which the port notice relates.\n(sec.282G-ssec.3) A copy of a port notice must be available during normal business hours for inspection, or for purchase at a reasonable cost, at the office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n- (a) be displayed on or near the thing to which it relates; or\n- (b) be published on the port authority’s, port lessor’s or port lessor’s delegate’s web site on the internet.","sortOrder":482},{"sectionNumber":"sec.282H","sectionType":"section","heading":"Port notice may refer to documents held by port authority, port lessor or port lessor’s delegate","content":"### sec.282H Port notice may refer to documents held by port authority, port lessor or port lessor’s delegate\n\nA port notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the port authority, port lessor or port lessor’s delegate.\nHowever, the requirement must be able to be made by a port notice under this division.\nIf the document is a standard, the port notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\nIf the document is not a standard, the port notice must—\ninclude a copy of the document; or\ndo both of the following—\ninclude a summary of the requirement;\nstate that a copy of the document is available during normal business hours, free of charge, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\nIn this section—\nstandard means—\nthe Code of Safe Practice for Solid Bulk Cargoes issued by the International Maritime Organisation, as it applies to materials mentioned in group B of the Code; or\nthe International Maritime Dangerous Goods Code published by the International Maritime Organisation; or\nthe International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours; or\nthe Ship to Ship Transfer Guide (Liquefied Gases) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or\nthe Ship to Ship Transfer Guide (Petroleum) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or\nthe Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping; or\nthe Tanker Safety Guide (Liquefied Gas) issued by the International Chamber of Shipping; or\na code, guide, rule, specification, standard or other document (a relevant document ) adopted, made or published by—\nthe International Association of Ports and Harbours; or\nthe International Chamber of Shipping; or\nthe International Maritime Organisation; or\nthe Oil Companies International Marine Forum; or\na Standards Australia standard adopting, making or publishing a relevant document adopted, made or published by an entity mentioned in paragraph (h) (i) to (iv) ; or\na relevant document prescribed under a regulation for this definition.\ns 282H ins 2005 No. 22 s 11\namd 2008 No. 46 s 146 ; 2010 No. 13 s 84 sch pt 1 ; 2010 No. 19 s 99 ; 2014 No. 43 s 117 sch 1\n(sec.282H-ssec.1) A port notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the port authority, port lessor or port lessor’s delegate.\n(sec.282H-ssec.2) However, the requirement must be able to be made by a port notice under this division.\n(sec.282H-ssec.3) If the document is a standard, the port notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n(sec.282H-ssec.4) If the document is not a standard, the port notice must— include a copy of the document; or do both of the following— include a summary of the requirement; state that a copy of the document is available during normal business hours, free of charge, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n(sec.282H-ssec.5) In this section— standard means— the Code of Safe Practice for Solid Bulk Cargoes issued by the International Maritime Organisation, as it applies to materials mentioned in group B of the Code; or the International Maritime Dangerous Goods Code published by the International Maritime Organisation; or the International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours; or the Ship to Ship Transfer Guide (Liquefied Gases) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or the Ship to Ship Transfer Guide (Petroleum) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or the Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping; or the Tanker Safety Guide (Liquefied Gas) issued by the International Chamber of Shipping; or a code, guide, rule, specification, standard or other document (a relevant document ) adopted, made or published by— the International Association of Ports and Harbours; or the International Chamber of Shipping; or the International Maritime Organisation; or the Oil Companies International Marine Forum; or a Standards Australia standard adopting, making or publishing a relevant document adopted, made or published by an entity mentioned in paragraph (h) (i) to (iv) ; or a relevant document prescribed under a regulation for this definition.\n- (a) include a copy of the document; or\n- (b) do both of the following— (i) include a summary of the requirement; (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n- (i) include a summary of the requirement;\n- (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n- (i) include a summary of the requirement;\n- (ii) state that a copy of the document is available during normal business hours, free of charge, at a stated office of the port authority, port lessor or port lessor’s delegate that is in, or nearest to, the area to which the notice relates.\n- (a) the Code of Safe Practice for Solid Bulk Cargoes issued by the International Maritime Organisation, as it applies to materials mentioned in group B of the Code; or\n- (b) the International Maritime Dangerous Goods Code published by the International Maritime Organisation; or\n- (c) the International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours; or\n- (d) the Ship to Ship Transfer Guide (Liquefied Gases) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or\n- (e) the Ship to Ship Transfer Guide (Petroleum) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; or\n- (f) the Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping; or\n- (g) the Tanker Safety Guide (Liquefied Gas) issued by the International Chamber of Shipping; or\n- (h) a code, guide, rule, specification, standard or other document (a relevant document ) adopted, made or published by— (i) the International Association of Ports and Harbours; or (ii) the International Chamber of Shipping; or (iii) the International Maritime Organisation; or (iv) the Oil Companies International Marine Forum; or\n- (i) the International Association of Ports and Harbours; or\n- (ii) the International Chamber of Shipping; or\n- (iii) the International Maritime Organisation; or\n- (iv) the Oil Companies International Marine Forum; or\n- (i) a Standards Australia standard adopting, making or publishing a relevant document adopted, made or published by an entity mentioned in paragraph (h) (i) to (iv) ; or\n- (j) a relevant document prescribed under a regulation for this definition.\n- (i) the International Association of Ports and Harbours; or\n- (ii) the International Chamber of Shipping; or\n- (iii) the International Maritime Organisation; or\n- (iv) the Oil Companies International Marine Forum; or","sortOrder":483},{"sectionNumber":"sec.282I","sectionType":"section","heading":"Port notices generally","content":"### sec.282I Port notices generally\n\nA port notice—\nmust indicate the area to which the port notice applies; and\nif contravention of a requirement of the port notice is an offence against this Act—must state that fact and the maximum penalty for the offence.\nEvidence that a sign was displayed on or near the thing to which it relates is evidence that the notice was displayed by the port authority or port lessor.\nA port notice displayed on or near the thing to which it relates must be clearly visible to passers-by.\ns 282I ins 2005 No. 22 s 11\namd 2010 No. 19 s 100\n(sec.282I-ssec.1) A port notice— must indicate the area to which the port notice applies; and if contravention of a requirement of the port notice is an offence against this Act—must state that fact and the maximum penalty for the offence.\n(sec.282I-ssec.2) Evidence that a sign was displayed on or near the thing to which it relates is evidence that the notice was displayed by the port authority or port lessor.\n(sec.282I-ssec.3) A port notice displayed on or near the thing to which it relates must be clearly visible to passers-by.\n- (a) must indicate the area to which the port notice applies; and\n- (b) if contravention of a requirement of the port notice is an offence against this Act—must state that fact and the maximum penalty for the offence.","sortOrder":484},{"sectionNumber":"sec.282J","sectionType":"section","heading":"Offence of not complying with a port notice","content":"### sec.282J Offence of not complying with a port notice\n\nA person must comply with each requirement of a port notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—\nfor a contravention of a requirement of a port notice about a controlled activity—100 penalty units; or\nfor a contravention of a requirement of a port notice about the movement or mooring of, or activities on or by, a ship—100 penalty units; or\nfor a contravention of a requirement of a port notice about the movement, handling or storage of goods—50 penalty units; or\nfor a contravention of a requirement of a port notice about any other matter—25 penalty units.\ns 282J ins 2005 No. 22 s 11\namd 2008 No. 46 s 147\n- (a) for a contravention of a requirement of a port notice about a controlled activity—100 penalty units; or\n- (b) for a contravention of a requirement of a port notice about the movement or mooring of, or activities on or by, a ship—100 penalty units; or\n- (c) for a contravention of a requirement of a port notice about the movement, handling or storage of goods—50 penalty units; or\n- (d) for a contravention of a requirement of a port notice about any other matter—25 penalty units.","sortOrder":485},{"sectionNumber":"ch.8-pt.3B-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":486},{"sectionNumber":"sec.282K","sectionType":"section","heading":"Appointment and qualifications of authorised officers","content":"### sec.282K Appointment and qualifications of authorised officers\n\nA port authority or port lessor may appoint a person as an authorised officer for the port authority or port lessor.\nHowever, the port authority or port lessor may appoint a person as an authorised officer for the port authority or port lessor only if the port authority or port lessor is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 282K ins 2005 No. 22 s 11\namd 2010 No. 19 s 101\n(sec.282K-ssec.1) A port authority or port lessor may appoint a person as an authorised officer for the port authority or port lessor.\n(sec.282K-ssec.2) However, the port authority or port lessor may appoint a person as an authorised officer for the port authority or port lessor only if the port authority or port lessor is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.","sortOrder":487},{"sectionNumber":"sec.282L","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.282L Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by—\nthe port lessor or port lessor’s delegate; or\nan officer of the port authority, port lessor or port lessor’s delegate who is authorised by the entity to sign notices.\ns 282L ins 2005 No. 22 s 11\namd 2010 No. 19 s 102\n(sec.282L-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.282L-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\n(sec.282L-ssec.3) In this section— signed notice means a notice signed by— the port lessor or port lessor’s delegate; or an officer of the port authority, port lessor or port lessor’s delegate who is authorised by the entity to sign notices.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.\n- (a) the port lessor or port lessor’s delegate; or\n- (b) an officer of the port authority, port lessor or port lessor’s delegate who is authorised by the entity to sign notices.","sortOrder":488},{"sectionNumber":"sec.282M","sectionType":"section","heading":"Issue of identity card","content":"### sec.282M Issue of identity card\n\nThe port authority or port lessor must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer for the port authority or port lessor under this Act; and\nstate an expiry date for the card.\ns 282M ins 2005 No. 22 s 11\namd 2010 No. 19 s 103\n(sec.282M-ssec.1) The port authority or port lessor must issue an identity card to each authorised officer.\n(sec.282M-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer for the port authority or port lessor under this Act; and state an expiry date for the card.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer for the port authority or port lessor under this Act; and\n- (d) state an expiry date for the card.","sortOrder":489},{"sectionNumber":"sec.282N","sectionType":"section","heading":"Production or display of identity card","content":"### sec.282N Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 282N ins 2005 No. 22 s 11\n(sec.282N-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.282N-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":490},{"sectionNumber":"sec.282O","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.282O When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if—\nthe term of office stated in a condition of office ends; or\nunder another condition of office, the authorised officer ceases to hold office.\nSubsection (1) does not limit the ways an authorised officer may stop holding office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\ns 282O ins 2005 No. 22 s 11\n(sec.282O-ssec.1) An authorised officer ceases to hold office if— the term of office stated in a condition of office ends; or under another condition of office, the authorised officer ceases to hold office.\n(sec.282O-ssec.2) Subsection (1) does not limit the ways an authorised officer may stop holding office.\n(sec.282O-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends; or\n- (b) under another condition of office, the authorised officer ceases to hold office.","sortOrder":491},{"sectionNumber":"sec.282P","sectionType":"section","heading":"Return of identity card","content":"### sec.282P Return of identity card\n\nA person who ceases to be an authorised officer of a port authority or port lessor must return the person’s identity card to the port authority, port lessor or port lessor’s delegate within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 282P ins 2005 No. 22 s 11\namd 2010 No. 19 s 104","sortOrder":492},{"sectionNumber":"ch.8-pt.3B-div.3","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":493},{"sectionNumber":"sec.282Q","sectionType":"section","heading":"Authorised officer may give directions","content":"### sec.282Q Authorised officer may give directions\n\nAn authorised officer of a port authority or port lessor may give a verbal direction to a person in the port authority’s or port lessor’s port area if giving the direction is reasonably necessary to—\nensure the safety or security of the port area, its users or a port entity’s employees; or\nprevent the person’s activities or conduct from affecting the port’s operation.\na direction to control the movement or mooring of, or activities on or by, a ship\na direction to control the movement, stopping or parking of a vehicle or rolling stock\na direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped\na direction to control the movement of persons\na direction to a person, who is the holder of an approval to perform a controlled activity under part 4A , to stop performing the controlled activity for a period\nSubsection (3) applies if an authorised officer—\nfinds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 283G ; or\nreasonably believes that a person’s presence at the port facilities may pose a threat to the safety or security of the port facilities, its users or a port entity’s employees; or\nreasonably believes that a person is in an area of the port facilities without lawful justification or excuse.\nAn authorised officer may give a verbal direction to the person to—\nimmediately leave the port facilities, or an area of the port facilities; or\nimmediately leave the port facilities, or an area of the port facilities, and not return for at least 24 hours.\nAn authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication.\nAn authorised officer must not give a verbal direction about the movement of rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to—\nthe safety of the railway; or\nthe public using it or who may use it.\ns 282Q ins 2005 No. 22 s 11\namd 2008 No. 46 s 148 ; 2010 No. 19 s 105\n(sec.282Q-ssec.1) An authorised officer of a port authority or port lessor may give a verbal direction to a person in the port authority’s or port lessor’s port area if giving the direction is reasonably necessary to— ensure the safety or security of the port area, its users or a port entity’s employees; or prevent the person’s activities or conduct from affecting the port’s operation. a direction to control the movement or mooring of, or activities on or by, a ship a direction to control the movement, stopping or parking of a vehicle or rolling stock a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped a direction to control the movement of persons a direction to a person, who is the holder of an approval to perform a controlled activity under part 4A , to stop performing the controlled activity for a period\n(sec.282Q-ssec.2) Subsection (3) applies if an authorised officer— finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 283G ; or reasonably believes that a person’s presence at the port facilities may pose a threat to the safety or security of the port facilities, its users or a port entity’s employees; or reasonably believes that a person is in an area of the port facilities without lawful justification or excuse.\n(sec.282Q-ssec.3) An authorised officer may give a verbal direction to the person to— immediately leave the port facilities, or an area of the port facilities; or immediately leave the port facilities, or an area of the port facilities, and not return for at least 24 hours.\n(sec.282Q-ssec.4) An authorised officer must identify himself or herself as an authorised officer if the authorised officer gives a verbal direction by radio, megaphone or another form of distance communication.\n(sec.282Q-ssec.5) An authorised officer must not give a verbal direction about the movement of rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to— the safety of the railway; or the public using it or who may use it.\n- (a) ensure the safety or security of the port area, its users or a port entity’s employees; or\n- (b) prevent the person’s activities or conduct from affecting the port’s operation.\n- • a direction to control the movement or mooring of, or activities on or by, a ship\n- • a direction to control the movement, stopping or parking of a vehicle or rolling stock\n- • a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped\n- • a direction to control the movement of persons\n- • a direction to a person, who is the holder of an approval to perform a controlled activity under part 4A , to stop performing the controlled activity for a period\n- (a) finds a person committing an offence, or reasonably suspects that a person has just committed an offence, against section 283G ; or\n- (b) reasonably believes that a person’s presence at the port facilities may pose a threat to the safety or security of the port facilities, its users or a port entity’s employees; or\n- (c) reasonably believes that a person is in an area of the port facilities without lawful justification or excuse.\n- (a) immediately leave the port facilities, or an area of the port facilities; or\n- (b) immediately leave the port facilities, or an area of the port facilities, and not return for at least 24 hours.\n- (a) the safety of the railway; or\n- (b) the public using it or who may use it.","sortOrder":494},{"sectionNumber":"sec.282R","sectionType":"section","heading":"If a person does not comply with a direction","content":"### sec.282R If a person does not comply with a direction\n\nIf the person does not comply with a verbal direction given by an authorised officer under section 282Q , the authorised officer may give the person a written notice stating—\nthe authorised officer’s name; and\nthe direction; and\na brief statement about the authorised officer’s reason for giving the direction; and\na further reasonable time within which the person must comply with the direction; and\nwhen the direction was given.\nIf it is not possible or reasonable for the authorised officer to give the person a written notice at the time the person does not comply with a verbal direction given by an authorised officer under section 282Q , the authorised officer—\nmay give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and\nmust give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.\nAt the time the authorised officer gives the person a written notice under subsection (1) , or a further verbal direction under subsection (2) (a) , the authorised officer must warn the person that the person may commit an offence unless the person complies with the direction within the stated time.\ns 282R ins 2005 No. 22 s 11\n(sec.282R-ssec.1) If the person does not comply with a verbal direction given by an authorised officer under section 282Q , the authorised officer may give the person a written notice stating— the authorised officer’s name; and the direction; and a brief statement about the authorised officer’s reason for giving the direction; and a further reasonable time within which the person must comply with the direction; and when the direction was given.\n(sec.282R-ssec.2) If it is not possible or reasonable for the authorised officer to give the person a written notice at the time the person does not comply with a verbal direction given by an authorised officer under section 282Q , the authorised officer— may give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and must give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.\n(sec.282R-ssec.3) At the time the authorised officer gives the person a written notice under subsection (1) , or a further verbal direction under subsection (2) (a) , the authorised officer must warn the person that the person may commit an offence unless the person complies with the direction within the stated time.\n- (a) the authorised officer’s name; and\n- (b) the direction; and\n- (c) a brief statement about the authorised officer’s reason for giving the direction; and\n- (d) a further reasonable time within which the person must comply with the direction; and\n- (e) when the direction was given.\n- (a) may give the person a further verbal direction stating the information mentioned in subsection (1) (a) to (d) ; and\n- (b) must give the person the written notice the person would have received at the time the person did not comply with the verbal direction as soon as practicable after giving the further verbal direction.","sortOrder":495},{"sectionNumber":"sec.282S","sectionType":"section","heading":"Offence of not complying with a direction","content":"### sec.282S Offence of not complying with a direction\n\nUnless a person has a reasonable excuse, a person must comply with a direction given to the person by an authorised officer under section 282R , within the reasonable time stated in a written notice under section 282R (1) or as part of a further verbal direction under 282R(2)(a).\nMaximum penalty—\nif the contravention results in a significant delay to port operations—200 penalty units; or\notherwise—\nfor a contravention of a direction to leave the port facilities or an area of the port facilities, or leave the port facilities or an area of the port facilities and not return for 24 hours—100 penalty units; or\nfor a contravention of a direction about the movement or mooring of, or activities on or by, a ship—100 penalty units; or\nfor a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\nfor a contravention of another direction—25 penalty units.\ns 282S ins 2005 No. 22 s 11\namd 2008 No. 46 s 149\n- (a) if the contravention results in a significant delay to port operations—200 penalty units; or\n- (b) otherwise— (i) for a contravention of a direction to leave the port facilities or an area of the port facilities, or leave the port facilities or an area of the port facilities and not return for 24 hours—100 penalty units; or (ii) for a contravention of a direction about the movement or mooring of, or activities on or by, a ship—100 penalty units; or (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or (iv) for a contravention of another direction—25 penalty units.\n- (i) for a contravention of a direction to leave the port facilities or an area of the port facilities, or leave the port facilities or an area of the port facilities and not return for 24 hours—100 penalty units; or\n- (ii) for a contravention of a direction about the movement or mooring of, or activities on or by, a ship—100 penalty units; or\n- (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\n- (iv) for a contravention of another direction—25 penalty units.\n- (i) for a contravention of a direction to leave the port facilities or an area of the port facilities, or leave the port facilities or an area of the port facilities and not return for 24 hours—100 penalty units; or\n- (ii) for a contravention of a direction about the movement or mooring of, or activities on or by, a ship—100 penalty units; or\n- (iii) for a contravention of a direction about the movement, handling or storage of goods—50 penalty units; or\n- (iv) for a contravention of another direction—25 penalty units.","sortOrder":496},{"sectionNumber":"ch.8-pt.3B-div.4","sectionType":"division","heading":"Moving contravening property","content":"## Moving contravening property","sortOrder":497},{"sectionNumber":"sec.282T","sectionType":"section","heading":"Moving contravening property","content":"### sec.282T Moving contravening property\n\nThis section applies if—\nan authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and\nthe authorised officer reasonably believes that it is necessary to move the contravening property having regard to—\nthe efficient operation of the port; or\nthe safety or security of the port, its users or a port entity’s employees; and\nthe authorised officer—\ncan not immediately find the person in charge of the contravening property; or\nreasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\nThe authorised officer may—\ntake steps necessary and reasonable to have the contravening property moved; and\nif the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B .\nHowever, for contravening property that is rolling stock, the authorised officer must not move the rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to—\nthe safety of the railway; or\nthe public using it or who may use it.\nIn this section—\ncontravening property means a ship, a vehicle, goods or rolling stock, that is moored, parked or left in a port or at a port facility in contravention of—\na requirement of a port notice; or\na direction of an authorised officer under division 3 .\nperson in charge , of contravening property, means—\nfor contravening property that is a ship—the ship’s master or another person in charge of the ship; or\nfor contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or\nfor contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.\ns 282T ins 2005 No. 22 s 11\namd 2008 No. 46 s 150 ; 2010 No. 19 s 106\n(sec.282T-ssec.1) This section applies if— an authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— the efficient operation of the port; or the safety or security of the port, its users or a port entity’s employees; and the authorised officer— can not immediately find the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n(sec.282T-ssec.2) The authorised officer may— take steps necessary and reasonable to have the contravening property moved; and if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B .\n(sec.282T-ssec.3) However, for contravening property that is rolling stock, the authorised officer must not move the rolling stock if a train controller is satisfied that the movement of the rolling stock would cause an immediate threat to— the safety of the railway; or the public using it or who may use it.\n(sec.282T-ssec.4) In this section— contravening property means a ship, a vehicle, goods or rolling stock, that is moored, parked or left in a port or at a port facility in contravention of— a requirement of a port notice; or a direction of an authorised officer under division 3 . person in charge , of contravening property, means— for contravening property that is a ship—the ship’s master or another person in charge of the ship; or for contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.\n- (a) an authorised officer of a port authority or port lessor reasonably believes that a ship, a vehicle, goods or rolling stock in a port or at a port facility is contravening property; and\n- (b) the authorised officer reasonably believes that it is necessary to move the contravening property having regard to— (i) the efficient operation of the port; or (ii) the safety or security of the port, its users or a port entity’s employees; and\n- (i) the efficient operation of the port; or\n- (ii) the safety or security of the port, its users or a port entity’s employees; and\n- (c) the authorised officer— (i) can not immediately find the person in charge of the contravening property; or (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) the efficient operation of the port; or\n- (ii) the safety or security of the port, its users or a port entity’s employees; and\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (a) take steps necessary and reasonable to have the contravening property moved; and\n- (b) if the contravening property is property in the form of goods that are perishable, or of little or no value, treat the goods as abandoned property under part 4B .\n- (a) the safety of the railway; or\n- (b) the public using it or who may use it.\n- (a) a requirement of a port notice; or\n- (b) a direction of an authorised officer under division 3 .\n- (a) for contravening property that is a ship—the ship’s master or another person in charge of the ship; or\n- (b) for contravening property that is a vehicle or rolling stock—the driver of the vehicle or rolling stock or another person in charge of the vehicle or rolling stock; or\n- (c) for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.","sortOrder":498},{"sectionNumber":"ch.8-pt.3B-div.5","sectionType":"division","heading":"Other powers and offences","content":"## Other powers and offences","sortOrder":499},{"sectionNumber":"sec.283","sectionType":"section","heading":"Power to require name and address","content":"### sec.283 Power to require name and address\n\nAn authorised officer of a port authority or port lessor may require a person, who is in the port authority’s or port lessor’s port area, to state the person’s name and address if the authorised officer—\nfinds the person committing an offence against this Act; or\nreasonably suspects the person has just committed an offence against this Act.\nWhen making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address unless the person has a reasonable excuse.\nThe authorised officer may require the person to give evidence of the correctness of the person’s stated name and address if the authorised officer reasonably suspects the stated name or address is false.\nA person must comply with the authorised officer’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nThe person does not commit an offence against this section if—\nthe authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and\nthe person is not proved to have committed the offence.\ns 283 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 11\namd 2010 No. 19 s 107\n(sec.283-ssec.1) An authorised officer of a port authority or port lessor may require a person, who is in the port authority’s or port lessor’s port area, to state the person’s name and address if the authorised officer— finds the person committing an offence against this Act; or reasonably suspects the person has just committed an offence against this Act.\n(sec.283-ssec.2) When making the requirement, the authorised officer must warn the person that it is an offence to fail to state the person’s name and address unless the person has a reasonable excuse.\n(sec.283-ssec.3) The authorised officer may require the person to give evidence of the correctness of the person’s stated name and address if the authorised officer reasonably suspects the stated name or address is false.\n(sec.283-ssec.4) A person must comply with the authorised officer’s requirement under subsection (1) or (3) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sec.283-ssec.5) The person does not commit an offence against this section if— the authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and the person is not proved to have committed the offence.\n- (a) finds the person committing an offence against this Act; or\n- (b) reasonably suspects the person has just committed an offence against this Act.\n- (a) the authorised officer required the person to state the person’s name and address in the circumstances mentioned in subsection (1) (a) or (b) ; and\n- (b) the person is not proved to have committed the offence.","sortOrder":500},{"sectionNumber":"sec.283A","sectionType":"section","heading":"Inspection of documents","content":"### sec.283A Inspection of documents\n\nAn authorised officer of a port authority or port lessor may require a person, who is or may be liable to pay a charge to the port authority or a relevant entity, to produce for the authorised officer’s inspection, documents that are—\nunder the person’s control; and\nrelevant to deciding—\nwhether the person is liable to pay the charge; or\nthe amount of the charge.\nThe person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (2) —50 penalty units.\ns 283A ins 2005 No. 22 s 11\namd 2010 No. 19 s 108\n(sec.283A-ssec.1) An authorised officer of a port authority or port lessor may require a person, who is or may be liable to pay a charge to the port authority or a relevant entity, to produce for the authorised officer’s inspection, documents that are— under the person’s control; and relevant to deciding— whether the person is liable to pay the charge; or the amount of the charge.\n(sec.283A-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —50 penalty units.\n- (a) under the person’s control; and\n- (b) relevant to deciding— (i) whether the person is liable to pay the charge; or (ii) the amount of the charge.\n- (i) whether the person is liable to pay the charge; or\n- (ii) the amount of the charge.\n- (i) whether the person is liable to pay the charge; or\n- (ii) the amount of the charge.","sortOrder":501},{"sectionNumber":"sec.283B","sectionType":"section","heading":"Inspection of ships, vehicles, rolling stock and goods","content":"### sec.283B Inspection of ships, vehicles, rolling stock and goods\n\nThis section applies only to the extent necessary to allow an authorised officer of a port authority or port lessor to decide—\nwhether a charge is payable in relation to a ship or goods; and\nthe amount of the charge.\nA person in charge of a conveyance in the port authority’s or port lessor’s port area must allow the authorised officer to enter and inspect the conveyance, or inspect goods on or in the conveyance, if asked by the authorised officer.\nMaximum penalty—50 penalty units.\nIn this section—\nconveyance means a ship, a vehicle or rolling stock.\ns 283B ins 2005 No. 22 s 11\namd 2008 No. 46 s 151 ; 2010 No. 19 s 109\n(sec.283B-ssec.1) This section applies only to the extent necessary to allow an authorised officer of a port authority or port lessor to decide— whether a charge is payable in relation to a ship or goods; and the amount of the charge.\n(sec.283B-ssec.2) A person in charge of a conveyance in the port authority’s or port lessor’s port area must allow the authorised officer to enter and inspect the conveyance, or inspect goods on or in the conveyance, if asked by the authorised officer. Maximum penalty—50 penalty units.\n(sec.283B-ssec.3) In this section— conveyance means a ship, a vehicle or rolling stock.\n- (a) whether a charge is payable in relation to a ship or goods; and\n- (b) the amount of the charge.","sortOrder":502},{"sectionNumber":"sec.283C","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.283C Obstructing authorised officer\n\nA person in a port authority’s or port lessor’s port area must not obstruct an authorised officer in the exercise of a power under this part, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nobstruct includes hinder, resist, insult, attempt to obstruct and threaten to obstruct.\ns 283C ins 2005 No. 22 s 11\namd 2010 No. 19 s 110\n(sec.283C-ssec.1) A person in a port authority’s or port lessor’s port area must not obstruct an authorised officer in the exercise of a power under this part, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.283C-ssec.2) In this section— obstruct includes hinder, resist, insult, attempt to obstruct and threaten to obstruct.","sortOrder":503},{"sectionNumber":"sec.283D","sectionType":"section","heading":"False or misleading statement","content":"### sec.283D False or misleading statement\n\nA person must not state anything to an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 283D ins 2005 No. 22 s 11\n(sec.283D-ssec.1) A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.283D-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":504},{"sectionNumber":"sec.283E","sectionType":"section","heading":"False or misleading document","content":"### sec.283E False or misleading document\n\nA person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person when giving the document—\ntells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 283E ins 2005 No. 22 s 11\n(sec.283E-ssec.1) A person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.283E-ssec.2) Subsection (1) does not apply to a person if the person when giving the document— tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.283E-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":505},{"sectionNumber":"sec.283F","sectionType":"section","heading":"Impersonating an authorised officer","content":"### sec.283F Impersonating an authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—50 penalty units.\ns 283F ins 2005 No. 22 s 11","sortOrder":506},{"sectionNumber":"sec.283G","sectionType":"section","heading":"Conduct causing public nuisance","content":"### sec.283G Conduct causing public nuisance\n\nA person at a port authority’s or port lessor’s port facilities must not be disorderly or create a disturbance.\nMaximum penalty—50 penalty units.\ns 283G ins 2005 No. 22 s 11\namd 2010 No. 19 s 111","sortOrder":507},{"sectionNumber":"sec.283H","sectionType":"section","heading":"Interfering with port notices","content":"### sec.283H Interfering with port notices\n\nThis section applies to a port notice, other than a port notice published on a port authority’s, port lessor’s or port lessor’s delegate’s web site on the internet.\nA person must not unlawfully interfere with the port notice.\nMaximum penalty—25 penalty units.\nIn this section—\ninterfere , with a port notice, includes removing or damaging the port notice.\ns 283H ins 2005 No. 22 s 11\namd 2010 No. 19 s 112\n(sec.283H-ssec.1) This section applies to a port notice, other than a port notice published on a port authority’s, port lessor’s or port lessor’s delegate’s web site on the internet.\n(sec.283H-ssec.2) A person must not unlawfully interfere with the port notice. Maximum penalty—25 penalty units.\n(sec.283H-ssec.3) In this section— interfere , with a port notice, includes removing or damaging the port notice.","sortOrder":508},{"sectionNumber":"ch.8-pt.3C","sectionType":"part","heading":"Land management—Port of Brisbane","content":"# Land management—Port of Brisbane","sortOrder":509},{"sectionNumber":"ch.8-pt.3C-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":510},{"sectionNumber":"sec.283I","sectionType":"section","heading":"Definitions for pt 3C","content":"### sec.283I Definitions for pt 3C\n\nIn this part—\nbalance port land see section 283L .\nBrisbane core port land see section 283K .\nBrisbane port LUP means the plan, approved under this part, that regulates development on Brisbane core port land.\nBrisbane port railway land ...\ns 283I def Brisbane port railway land om 2016 No. 27 s 572 (1)\ncode assessment see the Planning Act , section 45 (3) .\ns 283I def code assessment ins 2016 No. 27 s 572 (2)\ncommunity infrastructure designation ...\ns 283I def community infrastructure designation om 2016 No. 27 s 572 (1)\nconsultation period see section 283ZB (2) (f) .\ncontributions schedule see section 283S (1) (g) .\ncore matters , for the Brisbane port LUP (including its preparation), means each of the following matters—\nland use and development;\ncore port infrastructure;\nvaluable features.\ncore port infrastructure means core port infrastructure stated in schedule 5B , part 2 .\ndesignation means a designation of premises under the Planning Act .\ns 283I def designation ins 2016 No. 27 s 572 (2)\ndraft plan see section 283ZA .\nfirst Brisbane port LUP means the first Brisbane port LUP as published under section 283Q (1) .\nformer land use plan means the land use plan under this Act for the Port of Brisbane in effect immediately before the completion day.\nhigh-water mark means the ordinary high-water mark at spring tides.\nimpact assessment see the Planning Act , section 45 (5) .\ns 283I def impact assessment ins 2016 No. 27 s 572 (2)\nland use and development , for an area, includes each of the following—\nthe location of, and the relationships between, the land uses in the area;\nthe current effects of land use in the area;\nthe likely effects of any proposed development of Brisbane core port land;\nthe accessibility to, and within, Brisbane core port land.\nLGIP , of a local government, means the local government’s LGIP under the Planning Act .\ns 283I def LGIP ins 2016 No. 27 s 572 (2)\nminor amendment (LUP) , for the Brisbane port LUP, means—\nan amendment correcting or changing any of the following—\nan explanatory matter about the plan, this Act or the Planning Act ;\nthe format or presentation of the plan;\na spelling, typographical, grammatical or mapping error in the plan;\na factual matter incorrectly stated in the plan;\na redundant or outdated term;\ninconsistent numbering of provisions in the plan;\ncross-references to provisions in the plan;\na matter in the Brisbane port LUP to make it consistent with the Planning Act or a State planning instrument under that Act; or\nan amendment to include a statement in the plan that a State planning instrument, or a part of a State planning instrument, is appropriately reflected in the plan, if the planning Minister has advised the port operator that the planning Minister is satisfied the Brisbane port LUP reflects the instrument; or\nan amendment the planning Minister and transport Minister agree is made to reflect—\na development approval; or\na designation; or\ntransport infrastructure or planned transport infrastructure.\ns 283I def minor amendment (LUP) amd 2016 No. 27 s 572 (3) – (4)\nplan commencement day see section 283R .\nplanned transport infrastructure means future transport infrastructure that is—\nplanned under the Brisbane port LUP; or\nauthorised under a development approval or mentioned in a designation; or\nplanned under a State planning instrument; or\nany of the following identified in a guideline made under the Transport Planning and Coordination Act 1994 , section 8E —\na future busway station;\na future railway passenger station for the network known as Citytrain;\na future passenger transport interchange facility;\na future route for public transport; or\nfuture railway land; or\na road or land that the chief executive has notified a local government in writing is intended to become a State-controlled road.\ns 283I def planned transport infrastructure amd 2016 No. 27 s 572 (5)\nplanning chief executive ...\ns 283I def planning chief executive om 2016 No. 27 s 572 (1)\nplanning Minister means the Minister administering the Planning Act .\nport prohibited development means—\nport prohibited development stated in schedule 5B , part 3 ; or\ndevelopment that is stated in the Brisbane port LUP to be port prohibited development for the plan or a precinct.\nport related development means port related development stated in schedule 5B , part 4 .\nprecinct means an area marked on a map in the Brisbane port LUP and for which a table of assessment is identified in the plan.\npremises see the Planning Act , schedule 2 .\ns 283I def premises amd 2016 No. 27 s 572 (6)\npriority infrastructure interface plan , for the Brisbane port LUP, means a document prepared by or for the port operator describing how development that is consistent with the Brisbane port LUP is intended to coordinate with the LGIP of the Brisbane City Council for the types of local government infrastructure relevant to Brisbane core port land.\ns 283I def priority infrastructure interface plan amd 2016 No. 27 s 572 (7)\npriority infrastructure plan ...\ns 283I def priority infrastructure plan om 2016 No. 27 s 572 (1)\nproperly made submission means a submission that—\nis in writing and, unless the submission is made electronically, is signed by each person who made the submission; and\nis given to all of the following—\nthe port operator;\nthe planning Minister;\nthe transport Minister; and\nis received during the consultation period; and\nstates the name and residential or business address of each person who made the submission; and\nstates the grounds of the submission and the facts and circumstances relied on in support of the grounds.\nregistered interest means an interest registered in—\nthe freehold land register; or\nthe leasehold land register under the Land Act .\nservice provider means an entity that is a service provider under the Water Supply (Safety and Reliability) Act 2008 .\nState interest see the Planning Act , schedule 2 .\ns 283I def State interest amd 2016 No. 27 s 572 (8)\nstatement of proposal see section 283Y (1) .\nState planning instrument means a State planning instrument under the Planning Act .\nstrategic plan , for the Brisbane port LUP, see section 283S (2) .\ntable of assessment , for a precinct, means a statement in the Brisbane port LUP for the precinct as to whether particular development in the precinct is any of the following—\naccepted development or assessable development for the Planning Act under the Brisbane port LUP;\nport prohibited development;\ndevelopment that is consistent or inconsistent with the Brisbane port LUP.\ns 283I def table of assessment amd 2016 No. 27 s 572 (9)\ntransport Minister means the Minister administering this Act.\ntransport reasons means all of the following—\nthe objectives of this Act;\nthe elements of the strategic plan for the Brisbane port LUP relating to—\nplanning for core port infrastructure, port related development and other transport infrastructure; and\nmaintaining buffer land for the infrastructure or development;\nthe safety and operational integrity of core port infrastructure and planned core port infrastructure identified under the Brisbane port LUP;\nthe safety and operational integrity of transport infrastructure and planned transport infrastructure not mentioned in paragraph (c) ;\na matter within the powers of the chief executive, or the chief executive of the department in which any of the following Acts is administered, as a referral agency under the Planning Act —\nthe Transport Planning and Coordination Act 1994 ;\nthe Transport Operations (Marine Safety) Act 1994 .\ns 283I def transport reasons amd 2016 No. 27 s 572 (10)\nvaluable features ...\ns 283I def valuable features om 2016 No. 27 s 572 (1)\ns 283I ins 2010 No. 19 s 113\n- (a) land use and development;\n- (b) core port infrastructure;\n- (c) valuable features.\n- (a) the location of, and the relationships between, the land uses in the area;\n- (b) the current effects of land use in the area;\n- (c) the likely effects of any proposed development of Brisbane core port land;\n- (d) the accessibility to, and within, Brisbane core port land.\n- (a) an amendment correcting or changing any of the following— (i) an explanatory matter about the plan, this Act or the Planning Act ; (ii) the format or presentation of the plan; (iii) a spelling, typographical, grammatical or mapping error in the plan; (iv) a factual matter incorrectly stated in the plan; (v) a redundant or outdated term; (vi) inconsistent numbering of provisions in the plan; (vii) cross-references to provisions in the plan; (viii) a matter in the Brisbane port LUP to make it consistent with the Planning Act or a State planning instrument under that Act; or\n- (i) an explanatory matter about the plan, this Act or the Planning Act ;\n- (ii) the format or presentation of the plan;\n- (iii) a spelling, typographical, grammatical or mapping error in the plan;\n- (iv) a factual matter incorrectly stated in the plan;\n- (v) a redundant or outdated term;\n- (vi) inconsistent numbering of provisions in the plan;\n- (vii) cross-references to provisions in the plan;\n- (viii) a matter in the Brisbane port LUP to make it consistent with the Planning Act or a State planning instrument under that Act; or\n- (b) an amendment to include a statement in the plan that a State planning instrument, or a part of a State planning instrument, is appropriately reflected in the plan, if the planning Minister has advised the port operator that the planning Minister is satisfied the Brisbane port LUP reflects the instrument; or\n- (c) an amendment the planning Minister and transport Minister agree is made to reflect— (i) a development approval; or (ii) a designation; or (iii) transport infrastructure or planned transport infrastructure.\n- (i) a development approval; or\n- (ii) a designation; or\n- (iii) transport infrastructure or planned transport infrastructure.\n- (i) an explanatory matter about the plan, this Act or the Planning Act ;\n- (ii) the format or presentation of the plan;\n- (iii) a spelling, typographical, grammatical or mapping error in the plan;\n- (iv) a factual matter incorrectly stated in the plan;\n- (v) a redundant or outdated term;\n- (vi) inconsistent numbering of provisions in the plan;\n- (vii) cross-references to provisions in the plan;\n- (viii) a matter in the Brisbane port LUP to make it consistent with the Planning Act or a State planning instrument under that Act; or\n- (i) a development approval; or\n- (ii) a designation; or\n- (iii) transport infrastructure or planned transport infrastructure.\n- (a) planned under the Brisbane port LUP; or\n- (b) authorised under a development approval or mentioned in a designation; or\n- (c) planned under a State planning instrument; or\n- (d) any of the following identified in a guideline made under the Transport Planning and Coordination Act 1994 , section 8E — (i) a future busway station; (ii) a future railway passenger station for the network known as Citytrain; (iii) a future passenger transport interchange facility; (iv) a future route for public transport; or\n- (i) a future busway station;\n- (ii) a future railway passenger station for the network known as Citytrain;\n- (iii) a future passenger transport interchange facility;\n- (iv) a future route for public transport; or\n- (e) future railway land; or\n- (f) a road or land that the chief executive has notified a local government in writing is intended to become a State-controlled road.\n- (i) a future busway station;\n- (ii) a future railway passenger station for the network known as Citytrain;\n- (iii) a future passenger transport interchange facility;\n- (iv) a future route for public transport; or\n- (a) port prohibited development stated in schedule 5B , part 3 ; or\n- (b) development that is stated in the Brisbane port LUP to be port prohibited development for the plan or a precinct.\n- (a) is in writing and, unless the submission is made electronically, is signed by each person who made the submission; and\n- (b) is given to all of the following— (i) the port operator; (ii) the planning Minister; (iii) the transport Minister; and\n- (i) the port operator;\n- (ii) the planning Minister;\n- (iii) the transport Minister; and\n- (c) is received during the consultation period; and\n- (d) states the name and residential or business address of each person who made the submission; and\n- (e) states the grounds of the submission and the facts and circumstances relied on in support of the grounds.\n- (i) the port operator;\n- (ii) the planning Minister;\n- (iii) the transport Minister; and\n- (a) the freehold land register; or\n- (b) the leasehold land register under the Land Act .\n- (a) accepted development or assessable development for the Planning Act under the Brisbane port LUP;\n- (b) port prohibited development;\n- (c) development that is consistent or inconsistent with the Brisbane port LUP.\n- (a) the objectives of this Act;\n- (b) the elements of the strategic plan for the Brisbane port LUP relating to— (i) planning for core port infrastructure, port related development and other transport infrastructure; and (ii) maintaining buffer land for the infrastructure or development;\n- (i) planning for core port infrastructure, port related development and other transport infrastructure; and\n- (ii) maintaining buffer land for the infrastructure or development;\n- (c) the safety and operational integrity of core port infrastructure and planned core port infrastructure identified under the Brisbane port LUP;\n- (d) the safety and operational integrity of transport infrastructure and planned transport infrastructure not mentioned in paragraph (c) ;\n- (e) a matter within the powers of the chief executive, or the chief executive of the department in which any of the following Acts is administered, as a referral agency under the Planning Act — (i) the Transport Planning and Coordination Act 1994 ; (ii) the Transport Operations (Marine Safety) Act 1994 .\n- (i) the Transport Planning and Coordination Act 1994 ;\n- (ii) the Transport Operations (Marine Safety) Act 1994 .\n- (i) planning for core port infrastructure, port related development and other transport infrastructure; and\n- (ii) maintaining buffer land for the infrastructure or development;\n- (i) the Transport Planning and Coordination Act 1994 ;\n- (ii) the Transport Operations (Marine Safety) Act 1994 .","sortOrder":511},{"sectionNumber":"sec.283J","sectionType":"section","heading":"Treasurer may declare land to be Brisbane core port land or balance port land","content":"### sec.283J Treasurer may declare land to be Brisbane core port land or balance port land\n\nThe Treasurer may by gazette notice—\ndeclare land to be Brisbane core port land for the first Brisbane port LUP; and\non or before the day Brisbane core port land is declared under paragraph (a) , declare land to be balance port land.\ns 283J ins 2010 No. 19 s 113\n- (a) declare land to be Brisbane core port land for the first Brisbane port LUP; and\n- (b) on or before the day Brisbane core port land is declared under paragraph (a) , declare land to be balance port land.","sortOrder":512},{"sectionNumber":"sec.283K","sectionType":"section","heading":"What is Brisbane core port land","content":"### sec.283K What is Brisbane core port land\n\nBrisbane core port land means—\nfor the first Brisbane port LUP—land the Treasurer declares to be Brisbane core port land under section 283J ; or\nafter the day the first Brisbane port LUP has effect—\nland identified in the Brisbane port LUP as Brisbane core port land; or\nland that is subject to a table of assessment for a precinct, if the port lessee or port lessor has a registered interest in the land.\ns 283K ins 2010 No. 19 s 113\n- (a) for the first Brisbane port LUP—land the Treasurer declares to be Brisbane core port land under section 283J ; or\n- (b) after the day the first Brisbane port LUP has effect— (i) land identified in the Brisbane port LUP as Brisbane core port land; or (ii) land that is subject to a table of assessment for a precinct, if the port lessee or port lessor has a registered interest in the land.\n- (i) land identified in the Brisbane port LUP as Brisbane core port land; or\n- (ii) land that is subject to a table of assessment for a precinct, if the port lessee or port lessor has a registered interest in the land.\n- (i) land identified in the Brisbane port LUP as Brisbane core port land; or\n- (ii) land that is subject to a table of assessment for a precinct, if the port lessee or port lessor has a registered interest in the land.","sortOrder":513},{"sectionNumber":"sec.283L","sectionType":"section","heading":"What is balance port land","content":"### sec.283L What is balance port land\n\nBalance port land means land the Treasurer declares to be balance port land under section 283J .\ns 283L ins 2010 No. 19 s 113","sortOrder":514},{"sectionNumber":"sec.283M","sectionType":"section","heading":"Application of Planning Act","content":"### sec.283M Application of Planning Act\n\nSubject to this part, the Planning Act applies for development on Brisbane core port land and balance port land.\nIf there is an inconsistency between this part and the Planning Act , this part prevails to the extent of the inconsistency.\nIf development is stated to be development of a particular type for the Planning Act under the Brisbane port LUP, the development is taken to be development of that type under that Act.\ns 283M ins 2010 No. 19 s 113\namd 2016 No. 27 s 573\n(sec.283M-ssec.1) Subject to this part, the Planning Act applies for development on Brisbane core port land and balance port land.\n(sec.283M-ssec.2) If there is an inconsistency between this part and the Planning Act , this part prevails to the extent of the inconsistency.\n(sec.283M-ssec.3) If development is stated to be development of a particular type for the Planning Act under the Brisbane port LUP, the development is taken to be development of that type under that Act.","sortOrder":515},{"sectionNumber":"sec.283N","sectionType":"section","heading":"Brisbane core port land not subject to local planning instrument","content":"### sec.283N Brisbane core port land not subject to local planning instrument\n\nBrisbane core port land is not subject to a local planning instrument under the Planning Act .\ns 283N ins 2010 No. 19 s 113","sortOrder":516},{"sectionNumber":"ch.8-pt.3C-div.2","sectionType":"division","heading":"Particular provisions about balance port land and planning schemes","content":"## Particular provisions about balance port land and planning schemes","sortOrder":517},{"sectionNumber":"sec.283O","sectionType":"section","heading":"Balance port land is not strategic port land","content":"### sec.283O Balance port land is not strategic port land\n\nIf strategic port land is declared to be balance port land under section 283L , it stops being strategic port land.\ns 283O ins 2010 No. 19 s 113","sortOrder":518},{"sectionNumber":"sec.283P","sectionType":"section","heading":"Amendment of planning schemes","content":"### sec.283P Amendment of planning schemes\n\nThe Treasurer may, by gazette notice on or before the day land is declared to be Brisbane core port land under section 283J , amend the planning schemes of the following local governments for the purpose of dealing with balance port land under the planning schemes—\nBrisbane City Council;\nMoreton Bay City Council.\nThe gazette notice may provide for an amendment of a planning scheme to deal with balance port land that—\nis not a part of the area of a local government; and\nadjoins the area of a local government.\nThe local government is the assessment manager for a development application for development on the balance port land dealt with by the gazette notice.\nA planning scheme as amended under this section—\napplies to the balance port land dealt with under the planning scheme; and\nmay be amended under the Planning Act .\ns 283P ins 2010 No. 19 s 113\namd 2023 No. 30 s 119 sch 1\n(sec.283P-ssec.1) The Treasurer may, by gazette notice on or before the day land is declared to be Brisbane core port land under section 283J , amend the planning schemes of the following local governments for the purpose of dealing with balance port land under the planning schemes— Brisbane City Council; Moreton Bay City Council.\n(sec.283P-ssec.2) The gazette notice may provide for an amendment of a planning scheme to deal with balance port land that— is not a part of the area of a local government; and adjoins the area of a local government.\n(sec.283P-ssec.3) The local government is the assessment manager for a development application for development on the balance port land dealt with by the gazette notice.\n(sec.283P-ssec.4) A planning scheme as amended under this section— applies to the balance port land dealt with under the planning scheme; and may be amended under the Planning Act .\n- (a) Brisbane City Council;\n- (b) Moreton Bay City Council.\n- (a) is not a part of the area of a local government; and\n- (b) adjoins the area of a local government.\n- (a) applies to the balance port land dealt with under the planning scheme; and\n- (b) may be amended under the Planning Act .","sortOrder":519},{"sectionNumber":"ch.8-pt.3C-div.3","sectionType":"division","heading":"Plan for land use on Brisbane core port land","content":"## Plan for land use on Brisbane core port land","sortOrder":520},{"sectionNumber":"sec.283Q","sectionType":"section","heading":"Notice of first plan","content":"### sec.283Q Notice of first plan\n\nThe Treasurer must, on or as soon as practicable after the completion day, publish notice in the gazette of the plan for land use (the first Brisbane port LUP ) for Brisbane core port land.\nSection 283S , other than section 283S (1) (h) , applies to the first Brisbane port LUP.\nThe Treasurer may act under subsection (1) only if satisfied—\nthe first Brisbane port LUP satisfactorily deals with the core matters relevant to the plan; and\nState interests will not be adversely affected by the plan.\nThe Treasurer must give a copy of the gazette notice and the first Brisbane port LUP to—\nthe port operator; and\nBrisbane City Council.\nOn and from the day the notice mentioned in subsection (1) is published in the gazette—\nthe former land use plan is of no force or effect for Brisbane core port land; and\nstrategic port land that has been declared to be Brisbane core port land stops being strategic port land.\ns 283Q ins 2010 No. 19 s 113\n(sec.283Q-ssec.1) The Treasurer must, on or as soon as practicable after the completion day, publish notice in the gazette of the plan for land use (the first Brisbane port LUP ) for Brisbane core port land.\n(sec.283Q-ssec.2) Section 283S , other than section 283S (1) (h) , applies to the first Brisbane port LUP.\n(sec.283Q-ssec.3) The Treasurer may act under subsection (1) only if satisfied— the first Brisbane port LUP satisfactorily deals with the core matters relevant to the plan; and State interests will not be adversely affected by the plan.\n(sec.283Q-ssec.4) The Treasurer must give a copy of the gazette notice and the first Brisbane port LUP to— the port operator; and Brisbane City Council.\n(sec.283Q-ssec.5) On and from the day the notice mentioned in subsection (1) is published in the gazette— the former land use plan is of no force or effect for Brisbane core port land; and strategic port land that has been declared to be Brisbane core port land stops being strategic port land.\n- (a) the first Brisbane port LUP satisfactorily deals with the core matters relevant to the plan; and\n- (b) State interests will not be adversely affected by the plan.\n- (a) the port operator; and\n- (b) Brisbane City Council.\n- (a) the former land use plan is of no force or effect for Brisbane core port land; and\n- (b) strategic port land that has been declared to be Brisbane core port land stops being strategic port land.","sortOrder":521},{"sectionNumber":"sec.283R","sectionType":"section","heading":"Status of first plan","content":"### sec.283R Status of first plan\n\nThe first Brisbane port LUP—\nhas effect as the Brisbane port LUP for Brisbane core port land on and from the day notice of the plan is published in the gazette (the plan commencement day ); and\nis taken to be the Brisbane port LUP approved under this division until it is replaced or amended under the division.\ns 283R ins 2010 No. 19 s 113\n- (a) has effect as the Brisbane port LUP for Brisbane core port land on and from the day notice of the plan is published in the gazette (the plan commencement day ); and\n- (b) is taken to be the Brisbane port LUP approved under this division until it is replaced or amended under the division.","sortOrder":522},{"sectionNumber":"sec.283S","sectionType":"section","heading":"Content of plan—mandatory requirements","content":"### sec.283S Content of plan—mandatory requirements\n\nThe Brisbane port LUP must, for Brisbane core port land—\ninclude a part outlining, by way of concept plans and words, for a period of at least 20 years after the plan commencement day—\nplanning for core port infrastructure and proposed port related development for the land; and\nanticipated infrastructure requirements relating to development mentioned in subparagraph (i) ; and\ninclude a part identifying the strategic outcomes for the land and stating measures that facilitate achieving the strategic outcomes; and\nstate details of the land and the current and intended uses of the land; and\ncoordinate and integrate the core matters relevant to the plan; and\nintegrate matters relevant to the land under the regional plan and State planning policies under the Planning Act ; and\noutline existing land uses for land ( adjacent land ) adjoining or neighbouring Brisbane core port land and how the adjacent land is dealt with by the planning scheme for the adjacent land; and\ninclude a schedule of charges (a contributions schedule ) under which a contribution may be required by a condition imposed on a development approval under section 283ZZ ; and\ninclude a priority infrastructure interface plan for the land.\nSubsection (1) (h) does not apply to the first Brisbane port LUP. See section 283Q (2) .\nThe parts of the Brisbane port LUP mentioned in subsection (1) (a) and (b) are called the strategic plan .\nThe other parts of the Brisbane port LUP must be consistent with the strategic plan.\nFor subsection (1) (b) , measures facilitating achievement of the strategic outcomes include the identification of—\naccepted development for the Planning Act under the Brisbane port LUP; or\nassessable development for the Planning Act under the Brisbane port LUP requiring code or impact assessment; or\nport prohibited development.\nWithout limiting subsection (1) , the Brisbane port LUP may—\nstate that particular development is inconsistent with the plan, or a part of the plan relating to a particular precinct, for transport reasons; or\nstate that any part of Brisbane core port land is intended to be maintained as buffer land; or\ninclude details of any land proposed to become part of Brisbane core port land; or\nstate the assessment benchmarks for the Planning Act that assessable development under the Brisbane port LUP must be assessed against.\ns 283S ins 2010 No. 19 s 113\namd 2016 No. 27 s 574\n(sec.283S-ssec.1) The Brisbane port LUP must, for Brisbane core port land— include a part outlining, by way of concept plans and words, for a period of at least 20 years after the plan commencement day— planning for core port infrastructure and proposed port related development for the land; and anticipated infrastructure requirements relating to development mentioned in subparagraph (i) ; and include a part identifying the strategic outcomes for the land and stating measures that facilitate achieving the strategic outcomes; and state details of the land and the current and intended uses of the land; and coordinate and integrate the core matters relevant to the plan; and integrate matters relevant to the land under the regional plan and State planning policies under the Planning Act ; and outline existing land uses for land ( adjacent land ) adjoining or neighbouring Brisbane core port land and how the adjacent land is dealt with by the planning scheme for the adjacent land; and include a schedule of charges (a contributions schedule ) under which a contribution may be required by a condition imposed on a development approval under section 283ZZ ; and include a priority infrastructure interface plan for the land. Subsection (1) (h) does not apply to the first Brisbane port LUP. See section 283Q (2) .\n(sec.283S-ssec.2) The parts of the Brisbane port LUP mentioned in subsection (1) (a) and (b) are called the strategic plan .\n(sec.283S-ssec.3) The other parts of the Brisbane port LUP must be consistent with the strategic plan.\n(sec.283S-ssec.4) For subsection (1) (b) , measures facilitating achievement of the strategic outcomes include the identification of— accepted development for the Planning Act under the Brisbane port LUP; or assessable development for the Planning Act under the Brisbane port LUP requiring code or impact assessment; or port prohibited development.\n(sec.283S-ssec.5) Without limiting subsection (1) , the Brisbane port LUP may— state that particular development is inconsistent with the plan, or a part of the plan relating to a particular precinct, for transport reasons; or state that any part of Brisbane core port land is intended to be maintained as buffer land; or include details of any land proposed to become part of Brisbane core port land; or state the assessment benchmarks for the Planning Act that assessable development under the Brisbane port LUP must be assessed against.\n- (a) include a part outlining, by way of concept plans and words, for a period of at least 20 years after the plan commencement day— (i) planning for core port infrastructure and proposed port related development for the land; and (ii) anticipated infrastructure requirements relating to development mentioned in subparagraph (i) ; and\n- (i) planning for core port infrastructure and proposed port related development for the land; and\n- (ii) anticipated infrastructure requirements relating to development mentioned in subparagraph (i) ; and\n- (b) include a part identifying the strategic outcomes for the land and stating measures that facilitate achieving the strategic outcomes; and\n- (c) state details of the land and the current and intended uses of the land; and\n- (d) coordinate and integrate the core matters relevant to the plan; and\n- (e) integrate matters relevant to the land under the regional plan and State planning policies under the Planning Act ; and\n- (f) outline existing land uses for land ( adjacent land ) adjoining or neighbouring Brisbane core port land and how the adjacent land is dealt with by the planning scheme for the adjacent land; and\n- (g) include a schedule of charges (a contributions schedule ) under which a contribution may be required by a condition imposed on a development approval under section 283ZZ ; and\n- (h) include a priority infrastructure interface plan for the land.\n- (i) planning for core port infrastructure and proposed port related development for the land; and\n- (ii) anticipated infrastructure requirements relating to development mentioned in subparagraph (i) ; and\n- (a) accepted development for the Planning Act under the Brisbane port LUP; or\n- (b) assessable development for the Planning Act under the Brisbane port LUP requiring code or impact assessment; or\n- (c) port prohibited development.\n- (a) state that particular development is inconsistent with the plan, or a part of the plan relating to a particular precinct, for transport reasons; or\n- (b) state that any part of Brisbane core port land is intended to be maintained as buffer land; or\n- (c) include details of any land proposed to become part of Brisbane core port land; or\n- (d) state the assessment benchmarks for the Planning Act that assessable development under the Brisbane port LUP must be assessed against.","sortOrder":523},{"sectionNumber":"sec.283T","sectionType":"section","heading":"Content of plan—matters about development","content":"### sec.283T Content of plan—matters about development\n\nThe Brisbane port LUP may state that development on Brisbane core port land, or in a precinct, is port prohibited development.\nAlso, the Brisbane port LUP may state—\nthat development is consistent or inconsistent with the plan or a part of the plan relating to a particular precinct; and\nthe reasons that development is inconsistent with the plan or the part.\nThe Brisbane port LUP may state that development that is a material change of use of premises for core port infrastructure and is consistent with the plan for a precinct is, within that precinct, accepted development for the Planning Act under the plan.\nThe Brisbane port LUP may state that development that is a material change of use of premises for port related development and is consistent with the plan for a precinct is, within that precinct, accepted development or assessable development requiring code assessment for the Planning Act under the plan.\nHowever, the Brisbane port LUP must not state that—\nport prohibited development stated in schedule 5B is accepted development or assessable development for the Planning Act ; or\ndevelopment is assessable development for the Planning Act if a regulation made under section 43 (5) (b) of that Act prohibits local categorising instruments, as defined in that Act, from doing so; or\nany of the following development is assessable development or port prohibited development for the Planning Act under the plan—\ndevelopment that is a material change of use of premises for core port infrastructure and is consistent with the plan;\ndevelopment categorised as accepted development under a regulation made under the Planning Act ; or\ndevelopment that is a material change of use of premises for port related development, and is consistent with the plan, is assessable development requiring impact assessment or port prohibited development under the plan.\ns 283T ins 2010 No. 19 s 113\namd 2016 No. 27 s 575\n(sec.283T-ssec.1) The Brisbane port LUP may state that development on Brisbane core port land, or in a precinct, is port prohibited development.\n(sec.283T-ssec.2) Also, the Brisbane port LUP may state— that development is consistent or inconsistent with the plan or a part of the plan relating to a particular precinct; and the reasons that development is inconsistent with the plan or the part.\n(sec.283T-ssec.3) The Brisbane port LUP may state that development that is a material change of use of premises for core port infrastructure and is consistent with the plan for a precinct is, within that precinct, accepted development for the Planning Act under the plan.\n(sec.283T-ssec.4) The Brisbane port LUP may state that development that is a material change of use of premises for port related development and is consistent with the plan for a precinct is, within that precinct, accepted development or assessable development requiring code assessment for the Planning Act under the plan.\n(sec.283T-ssec.5) However, the Brisbane port LUP must not state that— port prohibited development stated in schedule 5B is accepted development or assessable development for the Planning Act ; or development is assessable development for the Planning Act if a regulation made under section 43 (5) (b) of that Act prohibits local categorising instruments, as defined in that Act, from doing so; or any of the following development is assessable development or port prohibited development for the Planning Act under the plan— development that is a material change of use of premises for core port infrastructure and is consistent with the plan; development categorised as accepted development under a regulation made under the Planning Act ; or development that is a material change of use of premises for port related development, and is consistent with the plan, is assessable development requiring impact assessment or port prohibited development under the plan.\n- (a) that development is consistent or inconsistent with the plan or a part of the plan relating to a particular precinct; and\n- (b) the reasons that development is inconsistent with the plan or the part.\n- (a) port prohibited development stated in schedule 5B is accepted development or assessable development for the Planning Act ; or\n- (b) development is assessable development for the Planning Act if a regulation made under section 43 (5) (b) of that Act prohibits local categorising instruments, as defined in that Act, from doing so; or\n- (c) any of the following development is assessable development or port prohibited development for the Planning Act under the plan— (i) development that is a material change of use of premises for core port infrastructure and is consistent with the plan; (ii) development categorised as accepted development under a regulation made under the Planning Act ; or\n- (i) development that is a material change of use of premises for core port infrastructure and is consistent with the plan;\n- (ii) development categorised as accepted development under a regulation made under the Planning Act ; or\n- (d) development that is a material change of use of premises for port related development, and is consistent with the plan, is assessable development requiring impact assessment or port prohibited development under the plan.\n- (i) development that is a material change of use of premises for core port infrastructure and is consistent with the plan;\n- (ii) development categorised as accepted development under a regulation made under the Planning Act ; or","sortOrder":524},{"sectionNumber":"sec.283U","sectionType":"section","heading":"Requirement to review plan","content":"### sec.283U Requirement to review plan\n\nThe port operator must complete a review of the Brisbane port LUP at least every 10 years after the plan commencement day.\nThe review must include an assessment of the achievement of the strategic outcomes identified in the plan.\ns 283U ins 2010 No. 19 s 113\n(sec.283U-ssec.1) The port operator must complete a review of the Brisbane port LUP at least every 10 years after the plan commencement day.\n(sec.283U-ssec.2) The review must include an assessment of the achievement of the strategic outcomes identified in the plan.","sortOrder":525},{"sectionNumber":"sec.283V","sectionType":"section","heading":"Action port operator must take after review","content":"### sec.283V Action port operator must take after review\n\nAfter reviewing the Brisbane port LUP, the port operator must—\npropose to prepare a new Brisbane port LUP; or\npropose to amend the Brisbane port LUP; or\nif the port operator is satisfied the Brisbane port LUP is suitable to continue without amendment—decide to take no further action.\ns 283V ins 2010 No. 19 s 113\n- (a) propose to prepare a new Brisbane port LUP; or\n- (b) propose to amend the Brisbane port LUP; or\n- (c) if the port operator is satisfied the Brisbane port LUP is suitable to continue without amendment—decide to take no further action.","sortOrder":526},{"sectionNumber":"sec.283W","sectionType":"section","heading":"Report about review if decision is to take no action","content":"### sec.283W Report about review if decision is to take no action\n\nIf the port operator decides to take no further action under section 283V (c) , the port operator must—\nprepare a report stating the reasons the port operator decided to take no further action; and\ngive a copy of the report to the planning Minister and the transport Minister.\ns 283W ins 2010 No. 19 s 113\n- (a) prepare a report stating the reasons the port operator decided to take no further action; and\n- (b) give a copy of the report to the planning Minister and the transport Minister.","sortOrder":527},{"sectionNumber":"sec.283X","sectionType":"section","heading":"When plan must include priority infrastructure interface plan","content":"### sec.283X When plan must include priority infrastructure interface plan\n\nThe port operator must ensure the Brisbane port LUP includes a priority infrastructure interface plan for Brisbane core port land by the earlier of the following—\nthe day that is 3 years after the day the Brisbane City Council’s first priority infrastructure plan under the repealed Sustainable Planning Act 2009 is included in its planning scheme;\nthe day the port operator first prepares a new Brisbane port LUP under this division after the Brisbane City Council’s first priority infrastructure plan under the repealed Sustainable Planning Act 2009 is included in its planning scheme.\nOn and from 1 July 2014, a local government’s priority infrastructure plan under the repealed Sustainable Planning Act 2009 became the local government’s LGIP under that Act. See section 982 of that repealed Act.\ns 283X ins 2010 No. 19 s 113\namd 2016 No. 27 s 576\n- (a) the day that is 3 years after the day the Brisbane City Council’s first priority infrastructure plan under the repealed Sustainable Planning Act 2009 is included in its planning scheme;\n- (b) the day the port operator first prepares a new Brisbane port LUP under this division after the Brisbane City Council’s first priority infrastructure plan under the repealed Sustainable Planning Act 2009 is included in its planning scheme.","sortOrder":528},{"sectionNumber":"sec.283Y","sectionType":"section","heading":"Statement of proposal for preparation or amendment of Brisbane port LUP","content":"### sec.283Y Statement of proposal for preparation or amendment of Brisbane port LUP\n\nThe port operator must prepare a statement ( statement of proposal ) about—\nthe preparation of a new Brisbane port LUP; or\nan amendment of the Brisbane port LUP.\nHowever, subsection (1) (b) does not apply to an amendment of the Brisbane port LUP if the amendment—\nis to remove land from the Brisbane port LUP; or\nis a minor amendment (LUP).\nThe statement of proposal must—\nidentify matters the port operator anticipates the Brisbane port LUP will address; and\nstate how the port operator intends to address each relevant aspect of the core matters in the plan.\nThe port operator must give a copy of the statement of proposal to—\nthe Brisbane City Council; and\nthe planning Minister; and\nthe transport Minister.\ns 283Y ins 2010 No. 19 s 113\n(sec.283Y-ssec.1) The port operator must prepare a statement ( statement of proposal ) about— the preparation of a new Brisbane port LUP; or an amendment of the Brisbane port LUP.\n(sec.283Y-ssec.2) However, subsection (1) (b) does not apply to an amendment of the Brisbane port LUP if the amendment— is to remove land from the Brisbane port LUP; or is a minor amendment (LUP).\n(sec.283Y-ssec.3) The statement of proposal must— identify matters the port operator anticipates the Brisbane port LUP will address; and state how the port operator intends to address each relevant aspect of the core matters in the plan.\n(sec.283Y-ssec.4) The port operator must give a copy of the statement of proposal to— the Brisbane City Council; and the planning Minister; and the transport Minister.\n- (a) the preparation of a new Brisbane port LUP; or\n- (b) an amendment of the Brisbane port LUP.\n- (a) is to remove land from the Brisbane port LUP; or\n- (b) is a minor amendment (LUP).\n- (a) identify matters the port operator anticipates the Brisbane port LUP will address; and\n- (b) state how the port operator intends to address each relevant aspect of the core matters in the plan.\n- (a) the Brisbane City Council; and\n- (b) the planning Minister; and\n- (c) the transport Minister.","sortOrder":529},{"sectionNumber":"sec.283Z","sectionType":"section","heading":"Brisbane port LUP may be amended to identify additional land","content":"### sec.283Z Brisbane port LUP may be amended to identify additional land\n\nThe Brisbane port LUP may be amended to identify additional land as Brisbane core port land if the planning Minister and transport Minister are satisfied the additional land—\nis land in which the port lessee or port lessor has a registered interest; and\nis or may be used—\nfor core port infrastructure; or\nfor port related development; or\nas buffer land.\nLand identified in the Brisbane port LUP is Brisbane core port land. See section 283K .\nSubsection (1) does not limit how the Brisbane port LUP may be amended.\ns 283Z ins 2010 No. 19 s 113\n(sec.283Z-ssec.1) The Brisbane port LUP may be amended to identify additional land as Brisbane core port land if the planning Minister and transport Minister are satisfied the additional land— is land in which the port lessee or port lessor has a registered interest; and is or may be used— for core port infrastructure; or for port related development; or as buffer land. Land identified in the Brisbane port LUP is Brisbane core port land. See section 283K .\n(sec.283Z-ssec.2) Subsection (1) does not limit how the Brisbane port LUP may be amended.\n- (a) is land in which the port lessee or port lessor has a registered interest; and\n- (b) is or may be used— (i) for core port infrastructure; or (ii) for port related development; or (iii) as buffer land.\n- (i) for core port infrastructure; or\n- (ii) for port related development; or\n- (iii) as buffer land.\n- (i) for core port infrastructure; or\n- (ii) for port related development; or\n- (iii) as buffer land.","sortOrder":530},{"sectionNumber":"sec.283ZA","sectionType":"section","heading":"Draft plan for preparation or amendment of Brisbane port LUP","content":"### sec.283ZA Draft plan for preparation or amendment of Brisbane port LUP\n\nAfter complying with section 283Y , and section 283ZB to the extent the section relates to a statement of proposal, the port operator must—\ntake appropriate account of issues raised as a result of consultation under section 283ZB in relation to the statement of proposal; and\nprepare a draft ( draft plan ) of—\nif the statement of proposal is for the preparation of a new Brisbane port LUP—the plan; or\nif the statement of proposal is for an amendment of the Brisbane port LUP—the amendment of the plan; and\ngive a copy of the draft plan to—\nthe Brisbane City Council; and\nthe planning Minister; and\nthe transport Minister.\ns 283ZA ins 2010 No. 19 s 113\n- (a) take appropriate account of issues raised as a result of consultation under section 283ZB in relation to the statement of proposal; and\n- (b) prepare a draft ( draft plan ) of— (i) if the statement of proposal is for the preparation of a new Brisbane port LUP—the plan; or (ii) if the statement of proposal is for an amendment of the Brisbane port LUP—the amendment of the plan; and\n- (i) if the statement of proposal is for the preparation of a new Brisbane port LUP—the plan; or\n- (ii) if the statement of proposal is for an amendment of the Brisbane port LUP—the amendment of the plan; and\n- (c) give a copy of the draft plan to— (i) the Brisbane City Council; and (ii) the planning Minister; and (iii) the transport Minister.\n- (i) the Brisbane City Council; and\n- (ii) the planning Minister; and\n- (iii) the transport Minister.\n- (i) if the statement of proposal is for the preparation of a new Brisbane port LUP—the plan; or\n- (ii) if the statement of proposal is for an amendment of the Brisbane port LUP—the amendment of the plan; and\n- (i) the Brisbane City Council; and\n- (ii) the planning Minister; and\n- (iii) the transport Minister.","sortOrder":531},{"sectionNumber":"sec.283ZB","sectionType":"section","heading":"Consultation on statement of proposal or draft plan","content":"### sec.283ZB Consultation on statement of proposal or draft plan\n\nThis section applies if the port operator prepares a statement of proposal under section 283Y or a draft plan under section 283ZA .\nThe port operator must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following—\nthe name of the port operator;\nthat the statement of proposal or draft plan relates to Brisbane core port land;\nthat the port operator has prepared a statement of proposal, or a draft plan, and that it is available for inspection and purchase at the office of the port operator in Brisbane;\na contact telephone number for information about the statement of proposal or draft plan;\nthat any person may make a properly made submission about the statement of proposal or draft plan;\nthe period (the consultation period ) during which a submission mentioned in paragraph (e) may be made;\nthe requirements for a properly made submission.\nThe consultation period must be—\nfor a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or\nfor a draft plan—at least 40 business days after the notice is first published under subsection (2) .\ns 283ZB ins 2010 No. 19 s 113\n(sec.283ZB-ssec.1) This section applies if the port operator prepares a statement of proposal under section 283Y or a draft plan under section 283ZA .\n(sec.283ZB-ssec.2) The port operator must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following— the name of the port operator; that the statement of proposal or draft plan relates to Brisbane core port land; that the port operator has prepared a statement of proposal, or a draft plan, and that it is available for inspection and purchase at the office of the port operator in Brisbane; a contact telephone number for information about the statement of proposal or draft plan; that any person may make a properly made submission about the statement of proposal or draft plan; the period (the consultation period ) during which a submission mentioned in paragraph (e) may be made; the requirements for a properly made submission.\n(sec.283ZB-ssec.3) The consultation period must be— for a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or for a draft plan—at least 40 business days after the notice is first published under subsection (2) .\n- (a) the name of the port operator;\n- (b) that the statement of proposal or draft plan relates to Brisbane core port land;\n- (c) that the port operator has prepared a statement of proposal, or a draft plan, and that it is available for inspection and purchase at the office of the port operator in Brisbane;\n- (d) a contact telephone number for information about the statement of proposal or draft plan;\n- (e) that any person may make a properly made submission about the statement of proposal or draft plan;\n- (f) the period (the consultation period ) during which a submission mentioned in paragraph (e) may be made;\n- (g) the requirements for a properly made submission.\n- (a) for a statement of proposal—at least 20 business days after the notice is first published under subsection (2) ; or\n- (b) for a draft plan—at least 40 business days after the notice is first published under subsection (2) .","sortOrder":532},{"sectionNumber":"sec.283ZC","sectionType":"section","heading":"Consideration of draft plan and submissions","content":"### sec.283ZC Consideration of draft plan and submissions\n\nOn receiving a copy of a draft plan, the planning Minister and the transport Minister must consider whether or not any State interests would be adversely affected by the draft plan.\nAlso, before approving a draft plan or recommending approval of a draft plan to the Governor in Council under this subdivision, the planning Minister and the transport Minister must consider all properly made submissions.\ns 283ZC ins 2010 No. 19 s 113\n(sec.283ZC-ssec.1) On receiving a copy of a draft plan, the planning Minister and the transport Minister must consider whether or not any State interests would be adversely affected by the draft plan.\n(sec.283ZC-ssec.2) Also, before approving a draft plan or recommending approval of a draft plan to the Governor in Council under this subdivision, the planning Minister and the transport Minister must consider all properly made submissions.","sortOrder":533},{"sectionNumber":"sec.283ZD","sectionType":"section","heading":"Directions for amendment of draft plan","content":"### sec.283ZD Directions for amendment of draft plan\n\nThe planning Minister and the transport Minister may return a draft plan prepared by the port operator for amendment in the way directed by the planning Minister and the transport Minister.\nA copy of the direction must be published in the gazette within 21 days after it is given.\ns 283ZD ins 2010 No. 19 s 113\n(sec.283ZD-ssec.1) The planning Minister and the transport Minister may return a draft plan prepared by the port operator for amendment in the way directed by the planning Minister and the transport Minister.\n(sec.283ZD-ssec.2) A copy of the direction must be published in the gazette within 21 days after it is given.","sortOrder":534},{"sectionNumber":"sec.283ZE","sectionType":"section","heading":"Approval of plans","content":"### sec.283ZE Approval of plans\n\nThe planning Minister and the transport Minister may jointly approve a draft plan if satisfied that—\nthe draft plan, or Brisbane port LUP as amended by the draft plan, satisfactorily deals with the core matters relevant to the plan and the mandatory requirements of the plan under section 283S ; and\nthe port operator has taken appropriate account of issues raised in properly made submissions; and\nthe Brisbane City Council does not have a substantial objection to the draft plan; and\nState interests will not be adversely affected by the draft plan.\nIf the planning Minister and the transport Minister are satisfied about subsection (1) (a) , (b) and (d) but are satisfied that the Brisbane City Council has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\nApproval of the Brisbane port LUP, or an amendment of the plan, must be notified in the gazette within 21 days after it is given.\nThe approval or amendment takes effect when it is notified in the gazette.\nAs soon as practicable after the approval or amendment is notified in the gazette, the planning chief executive must give the port operator notice of the gazettal.\ns 283ZE ins 2010 No. 19 s 113\n(sec.283ZE-ssec.1) The planning Minister and the transport Minister may jointly approve a draft plan if satisfied that— the draft plan, or Brisbane port LUP as amended by the draft plan, satisfactorily deals with the core matters relevant to the plan and the mandatory requirements of the plan under section 283S ; and the port operator has taken appropriate account of issues raised in properly made submissions; and the Brisbane City Council does not have a substantial objection to the draft plan; and State interests will not be adversely affected by the draft plan.\n(sec.283ZE-ssec.2) If the planning Minister and the transport Minister are satisfied about subsection (1) (a) , (b) and (d) but are satisfied that the Brisbane City Council has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\n(sec.283ZE-ssec.3) Approval of the Brisbane port LUP, or an amendment of the plan, must be notified in the gazette within 21 days after it is given.\n(sec.283ZE-ssec.4) The approval or amendment takes effect when it is notified in the gazette.\n(sec.283ZE-ssec.5) As soon as practicable after the approval or amendment is notified in the gazette, the planning chief executive must give the port operator notice of the gazettal.\n- (a) the draft plan, or Brisbane port LUP as amended by the draft plan, satisfactorily deals with the core matters relevant to the plan and the mandatory requirements of the plan under section 283S ; and\n- (b) the port operator has taken appropriate account of issues raised in properly made submissions; and\n- (c) the Brisbane City Council does not have a substantial objection to the draft plan; and\n- (d) State interests will not be adversely affected by the draft plan.","sortOrder":535},{"sectionNumber":"sec.283ZF","sectionType":"section","heading":"Port operator to publish approved plan","content":"### sec.283ZF Port operator to publish approved plan\n\nThe port operator must ensure the Brisbane port LUP as approved under this division is published on its website.\ns 283ZF ins 2010 No. 19 s 113","sortOrder":536},{"sectionNumber":"sec.283ZG","sectionType":"section","heading":"Recovery of Ministers’ costs","content":"### sec.283ZG Recovery of Ministers’ costs\n\nThe reasonable costs and expenses incurred by the planning Minister and the transport Minister in acting under this subdivision in relation to a draft plan are a debt payable by the port operator to the State.\ns 283ZG ins 2010 No. 19 s 113","sortOrder":537},{"sectionNumber":"sec.283ZH","sectionType":"section","heading":"Notification about Brisbane port LUP","content":"### sec.283ZH Notification about Brisbane port LUP\n\nIf the Brisbane port LUP is approved or amended under subdivision 3 , the planning chief executive must give written notice of the details of the plan or amendment to the Brisbane City Council.\ns 283ZH ins 2010 No. 19 s 113","sortOrder":538},{"sectionNumber":"sec.283ZI","sectionType":"section","heading":"Recording matters about Brisbane port LUP","content":"### sec.283ZI Recording matters about Brisbane port LUP\n\nThe Brisbane City Council must ensure there is a record—\non each relevant map in its planning scheme identifying the land to which the Brisbane port LUP applies; and\nin the planning scheme stating that interested persons may obtain details of the Brisbane port LUP from the port operator.\nA record made under subsection (1) is not an amendment of the planning scheme.\ns 283ZI ins 2010 No. 19 s 113\namd 2016 No. 27 s 577\n(sec.283ZI-ssec.1) The Brisbane City Council must ensure there is a record— on each relevant map in its planning scheme identifying the land to which the Brisbane port LUP applies; and in the planning scheme stating that interested persons may obtain details of the Brisbane port LUP from the port operator.\n(sec.283ZI-ssec.2) A record made under subsection (1) is not an amendment of the planning scheme.\n- (a) on each relevant map in its planning scheme identifying the land to which the Brisbane port LUP applies; and\n- (b) in the planning scheme stating that interested persons may obtain details of the Brisbane port LUP from the port operator.","sortOrder":539},{"sectionNumber":"sec.283ZJ","sectionType":"section","heading":"Ministerial direction to port operator","content":"### sec.283ZJ Ministerial direction to port operator\n\nThis section applies if the planning Minister and the transport Minister are satisfied—\na minor amendment (LUP) is required for the Brisbane port LUP; or\nthe port operator has not complied with a requirement under subdivision 2 or 3 to make or amend the Brisbane port LUP.\nThe planning Minister and the transport Minister jointly may, by written notice, direct the port operator—\nto make the minor amendment (LUP) within a stated reasonable period; or\ncomply with the requirement under subdivision 2 or 3 within a stated reasonable period.\nThe notice must state the reasons for deciding to give the direction.\nBefore giving a direction to the port operator under subsection (2) , the Ministers must consult with the port operator.\nThe port operator must comply with the direction.\ns 283ZJ ins 2010 No. 19 s 113\n(sec.283ZJ-ssec.1) This section applies if the planning Minister and the transport Minister are satisfied— a minor amendment (LUP) is required for the Brisbane port LUP; or the port operator has not complied with a requirement under subdivision 2 or 3 to make or amend the Brisbane port LUP.\n(sec.283ZJ-ssec.2) The planning Minister and the transport Minister jointly may, by written notice, direct the port operator— to make the minor amendment (LUP) within a stated reasonable period; or comply with the requirement under subdivision 2 or 3 within a stated reasonable period.\n(sec.283ZJ-ssec.3) The notice must state the reasons for deciding to give the direction.\n(sec.283ZJ-ssec.4) Before giving a direction to the port operator under subsection (2) , the Ministers must consult with the port operator.\n(sec.283ZJ-ssec.5) The port operator must comply with the direction.\n- (a) a minor amendment (LUP) is required for the Brisbane port LUP; or\n- (b) the port operator has not complied with a requirement under subdivision 2 or 3 to make or amend the Brisbane port LUP.\n- (a) to make the minor amendment (LUP) within a stated reasonable period; or\n- (b) comply with the requirement under subdivision 2 or 3 within a stated reasonable period.","sortOrder":540},{"sectionNumber":"ch.8-pt.3C-div.4","sectionType":"division","heading":"Effect of land becoming or ceasing to be Brisbane core port land","content":"## Effect of land becoming or ceasing to be Brisbane core port land","sortOrder":541},{"sectionNumber":"sec.283ZK","sectionType":"section","heading":"Effect of land becoming Brisbane core port land","content":"### sec.283ZK Effect of land becoming Brisbane core port land\n\nThis section applies if land becomes Brisbane core port land ( new port land ) at any time after the day the first Brisbane port LUP has effect.\nThe port operator must give written notice of the particulars of the new port land, including the date the land became Brisbane core port land, to—\nthe Brisbane City Council; and\nthe planning chief executive.\nAn entity given a notice under subsection (2) must ensure there is a record, on each relevant map in the council’s planning scheme held by the entity, indicating that the land is Brisbane core port land.\nIf the new port land is land that is subject to a table of assessment for a precinct, the Brisbane port LUP applies to the land on and from the day it becomes Brisbane core port land.\nIf subsection (4) does not apply to the new port land, the new port land continues to be subject to the planning scheme for the land until the Brisbane port LUP is amended to identify the land as Brisbane core port land.\nOn and from the day land becomes Brisbane core port land—\nthe Brisbane City Council ceases to be the assessment manager in relation to the land; and\nthe planning chief executive is the assessment manager in relation to the land.\ns 283ZK ins 2010 No. 19 s 113\n(sec.283ZK-ssec.1) This section applies if land becomes Brisbane core port land ( new port land ) at any time after the day the first Brisbane port LUP has effect.\n(sec.283ZK-ssec.2) The port operator must give written notice of the particulars of the new port land, including the date the land became Brisbane core port land, to— the Brisbane City Council; and the planning chief executive.\n(sec.283ZK-ssec.3) An entity given a notice under subsection (2) must ensure there is a record, on each relevant map in the council’s planning scheme held by the entity, indicating that the land is Brisbane core port land.\n(sec.283ZK-ssec.4) If the new port land is land that is subject to a table of assessment for a precinct, the Brisbane port LUP applies to the land on and from the day it becomes Brisbane core port land.\n(sec.283ZK-ssec.5) If subsection (4) does not apply to the new port land, the new port land continues to be subject to the planning scheme for the land until the Brisbane port LUP is amended to identify the land as Brisbane core port land.\n(sec.283ZK-ssec.6) On and from the day land becomes Brisbane core port land— the Brisbane City Council ceases to be the assessment manager in relation to the land; and the planning chief executive is the assessment manager in relation to the land.\n- (a) the Brisbane City Council; and\n- (b) the planning chief executive.\n- (a) the Brisbane City Council ceases to be the assessment manager in relation to the land; and\n- (b) the planning chief executive is the assessment manager in relation to the land.","sortOrder":542},{"sectionNumber":"sec.283ZL","sectionType":"section","heading":"Effect of land ceasing to be Brisbane core port land","content":"### sec.283ZL Effect of land ceasing to be Brisbane core port land\n\nThis section applies if land ( former port land ) stops being Brisbane core port land.\nThe port operator must give written notice of the particulars of the former port land, including the date it stopped being Brisbane core port land, to—\nthe Brisbane City Council; and\nthe planning chief executive.\nAn entity given a notice under subsection (2) must ensure there is a record, on each relevant map in the council’s planning scheme held by the entity, indicating that the land is not Brisbane core port land.\nSubsections (5) to (7) apply if the former port land is, when it stops being Brisbane core port land, unzoned land.\nWhile the former port land is unzoned land—\nthe Brisbane port LUP continues to apply to the land and the land is taken to be a part of the Brisbane City Council’s planning scheme; and\nthe Brisbane City Council is the assessment manager for a development application for development on the land that is assessable development for the Planning Act under the Brisbane port LUP even if the land is not part of, but adjoins, the council’s local government area.\nWhen the former port land stops being unzoned land, the Brisbane port LUP does not apply to the land.\nTo the extent subsection (5) is inconsistent with any regulated requirements prescribed by regulation under the Planning Act , section 16 (2) , subsection (5) prevails.\nSubsection (6) applies to former port land even if the Brisbane port LUP has not been amended to show the former port land is not included in the plan.\nIn this section—\nunzoned land means land that is not zoned for a purpose or use under a planning scheme.\ns 283ZL ins 2010 No. 19 s 113\namd 2016 No. 27 s 578\n(sec.283ZL-ssec.1) This section applies if land ( former port land ) stops being Brisbane core port land.\n(sec.283ZL-ssec.2) The port operator must give written notice of the particulars of the former port land, including the date it stopped being Brisbane core port land, to— the Brisbane City Council; and the planning chief executive.\n(sec.283ZL-ssec.3) An entity given a notice under subsection (2) must ensure there is a record, on each relevant map in the council’s planning scheme held by the entity, indicating that the land is not Brisbane core port land.\n(sec.283ZL-ssec.4) Subsections (5) to (7) apply if the former port land is, when it stops being Brisbane core port land, unzoned land.\n(sec.283ZL-ssec.5) While the former port land is unzoned land— the Brisbane port LUP continues to apply to the land and the land is taken to be a part of the Brisbane City Council’s planning scheme; and the Brisbane City Council is the assessment manager for a development application for development on the land that is assessable development for the Planning Act under the Brisbane port LUP even if the land is not part of, but adjoins, the council’s local government area.\n(sec.283ZL-ssec.6) When the former port land stops being unzoned land, the Brisbane port LUP does not apply to the land.\n(sec.283ZL-ssec.7) To the extent subsection (5) is inconsistent with any regulated requirements prescribed by regulation under the Planning Act , section 16 (2) , subsection (5) prevails.\n(sec.283ZL-ssec.8) Subsection (6) applies to former port land even if the Brisbane port LUP has not been amended to show the former port land is not included in the plan.\n(sec.283ZL-ssec.9) In this section— unzoned land means land that is not zoned for a purpose or use under a planning scheme.\n- (a) the Brisbane City Council; and\n- (b) the planning chief executive.\n- (a) the Brisbane port LUP continues to apply to the land and the land is taken to be a part of the Brisbane City Council’s planning scheme; and\n- (b) the Brisbane City Council is the assessment manager for a development application for development on the land that is assessable development for the Planning Act under the Brisbane port LUP even if the land is not part of, but adjoins, the council’s local government area.","sortOrder":543},{"sectionNumber":"ch.8-pt.3C-div.5","sectionType":"division","heading":"Particular matters about development on Brisbane core port land","content":"## Particular matters about development on Brisbane core port land","sortOrder":544},{"sectionNumber":"sec.283ZM","sectionType":"section","heading":"Reconfiguring a lot","content":"### sec.283ZM Reconfiguring a lot\n\nSubsection (2) applies to development that is reconfiguring a lot by a lease only if the reconfiguring is for 1 of the following stated permitted purposes under the lease—\ncore port infrastructure;\ntransport infrastructure;\ncore port infrastructure and transport infrastructure.\nDespite the Planning Act , the development is accepted development under that Act.\nSubsections (4) to (6) apply to development that is reconfiguring a lot, other than for a stated purpose mentioned in subsection (1) .\nThe development is assessable development requiring code assessment under the Planning Act and there are no referral agencies for the development.\nIf a development application is only for the reconfiguring of a lot on Brisbane core port land, the application must be decided within 20 business days after the application is made.\nA condition can not be imposed on a development approval for reconfiguring a lot on Brisbane core port land if the condition requires a monetary payment to anyone.\ns 283ZM ins 2010 No. 19 s 113\namd 2016 No. 27 s 579\n(sec.283ZM-ssec.1) Subsection (2) applies to development that is reconfiguring a lot by a lease only if the reconfiguring is for 1 of the following stated permitted purposes under the lease— core port infrastructure; transport infrastructure; core port infrastructure and transport infrastructure.\n(sec.283ZM-ssec.2) Despite the Planning Act , the development is accepted development under that Act.\n(sec.283ZM-ssec.3) Subsections (4) to (6) apply to development that is reconfiguring a lot, other than for a stated purpose mentioned in subsection (1) .\n(sec.283ZM-ssec.4) The development is assessable development requiring code assessment under the Planning Act and there are no referral agencies for the development.\n(sec.283ZM-ssec.5) If a development application is only for the reconfiguring of a lot on Brisbane core port land, the application must be decided within 20 business days after the application is made.\n(sec.283ZM-ssec.6) A condition can not be imposed on a development approval for reconfiguring a lot on Brisbane core port land if the condition requires a monetary payment to anyone.\n- (a) core port infrastructure;\n- (b) transport infrastructure;\n- (c) core port infrastructure and transport infrastructure.","sortOrder":545},{"sectionNumber":"sec.283ZN","sectionType":"section","heading":"Port prohibited development","content":"### sec.283ZN Port prohibited development\n\nA development application or change application can not be made in relation to development on Brisbane core port land that is port prohibited development.\nIf a development application or change application relates to port prohibited development—\nthe application is taken not to have been made; and\nthe development assessment process under the Planning Act does not apply to the application.\ns 283ZN ins 2010 No. 19 s 113\nsub 2016 No. 27 s 580\n(sec.283ZN-ssec.1) A development application or change application can not be made in relation to development on Brisbane core port land that is port prohibited development.\n(sec.283ZN-ssec.2) If a development application or change application relates to port prohibited development— the application is taken not to have been made; and the development assessment process under the Planning Act does not apply to the application.\n- (a) the application is taken not to have been made; and\n- (b) the development assessment process under the Planning Act does not apply to the application.","sortOrder":546},{"sectionNumber":"sec.283ZO","sectionType":"section","heading":"Code assessment under Brisbane port LUP","content":"### sec.283ZO Code assessment under Brisbane port LUP\n\nThis section applies to any part of a development application or change application requiring code assessment under the Brisbane port LUP for port related development.\nThe part must be approved under the Planning Act if the port related development—\nis consistent with the Brisbane port LUP; and\ncomplies with the assessment benchmarks under the Planning Act for the development.\nSubsection (2) is subject to any requirements for the part required by a referral agency.\ns 283ZO ins 2010 No. 19 s 113\nsub 2016 No. 27 s 580\n(sec.283ZO-ssec.1) This section applies to any part of a development application or change application requiring code assessment under the Brisbane port LUP for port related development.\n(sec.283ZO-ssec.2) The part must be approved under the Planning Act if the port related development— is consistent with the Brisbane port LUP; and complies with the assessment benchmarks under the Planning Act for the development.\n(sec.283ZO-ssec.3) Subsection (2) is subject to any requirements for the part required by a referral agency.\n- (a) is consistent with the Brisbane port LUP; and\n- (b) complies with the assessment benchmarks under the Planning Act for the development.","sortOrder":547},{"sectionNumber":"sec.283ZP","sectionType":"section","heading":null,"content":"### Section sec.283ZP\n\ns 283ZP ins 2010 No. 19 s 113\nom 2016 No. 27 s 582","sortOrder":548},{"sectionNumber":"sec.283ZQ","sectionType":"section","heading":null,"content":"### Section sec.283ZQ\n\ns 283ZQ ins 2010 No. 19 s 113\nom 2016 No. 27 s 582","sortOrder":549},{"sectionNumber":"sec.283ZR","sectionType":"section","heading":null,"content":"### Section sec.283ZR\n\ns 283ZR ins 2010 No. 19 s 113\nom 2016 No. 27 s 582","sortOrder":550},{"sectionNumber":"sec.283ZS","sectionType":"section","heading":null,"content":"### Section sec.283ZS\n\ns 283ZS ins 2010 No. 19 s 113\nom 2016 No. 27 s 582","sortOrder":551},{"sectionNumber":"sec.283ZT","sectionType":"section","heading":null,"content":"### Section sec.283ZT\n\ns 283ZT ins 2010 No. 19 s 113\nom 2016 No. 27 s 582","sortOrder":552},{"sectionNumber":"sec.283ZU","sectionType":"section","heading":null,"content":"### Section sec.283ZU\n\ns 283ZU ins 2010 No. 19 s 113\namd 2012 No. 16 s 78 sch\nom 2016 No. 27 s 582","sortOrder":553},{"sectionNumber":"sec.283ZV","sectionType":"section","heading":"Development on heritage places","content":"### sec.283ZV Development on heritage places\n\nDevelopment on a local heritage place that is on Brisbane core port land is not assessable development under the Planning Act even if the development is categorised as assessable development by a regulation made under that Act.\nSubsection (1) applies to development on the local heritage place whether or not it became a local heritage place before or after the completion day.\nThis part does not limit or otherwise affect assessment, or a function or power of a referral agency, under the Planning Act for development on a Queensland heritage place.\nIn this section—\nlocal heritage place means a local heritage place under the Queensland Heritage Act 1992 .\nQueensland heritage place means a Queensland heritage place under the Queensland Heritage Act 1992 .\ns 283ZV ins 2010 No. 19 s 113\namd 2011 No. 6 s 142 sch ; 2016 No. 27 s 584\n(sec.283ZV-ssec.1) Development on a local heritage place that is on Brisbane core port land is not assessable development under the Planning Act even if the development is categorised as assessable development by a regulation made under that Act.\n(sec.283ZV-ssec.2) Subsection (1) applies to development on the local heritage place whether or not it became a local heritage place before or after the completion day.\n(sec.283ZV-ssec.3) This part does not limit or otherwise affect assessment, or a function or power of a referral agency, under the Planning Act for development on a Queensland heritage place.\n(sec.283ZV-ssec.4) In this section— local heritage place means a local heritage place under the Queensland Heritage Act 1992 . Queensland heritage place means a Queensland heritage place under the Queensland Heritage Act 1992 .","sortOrder":554},{"sectionNumber":"sec.283ZW","sectionType":"section","heading":null,"content":"### Section sec.283ZW\n\ns 283ZW ins 2010 No. 19 s 113\nom 2016 No. 27 s 584","sortOrder":555},{"sectionNumber":"sec.283ZX","sectionType":"section","heading":null,"content":"### Section sec.283ZX\n\ns 283ZX ins 2010 No. 19 s 113\namd 2011 No. 18 s 404 sch 4 pt 1\nom 2016 No. 27 s 584","sortOrder":556},{"sectionNumber":"sec.283ZY","sectionType":"section","heading":null,"content":"### Section sec.283ZY\n\ns 283ZY ins 2010 No. 19 s 113\namd 2014 No. 43 s 117 sch 1\nom 2016 No. 27 s 584","sortOrder":557},{"sectionNumber":"sec.283ZZ","sectionType":"section","heading":"Restriction on conditions of development approvals","content":"### sec.283ZZ Restriction on conditions of development approvals\n\nThe assessment manager for a development application for development on Brisbane core port land may, under the Planning Act , impose a condition on the development approval for the application requiring a contribution only in relation to the following infrastructure provided by the Brisbane City Council or a service provider—\ndrainage;\npublic transport;\nroads;\nsewerage and water supply headworks.\nIn this section—\ncontribution , for a condition of a development approval, means an amount payable under the condition to the Brisbane City Council or a service provider—\nfor infrastructure provided by the Brisbane City Council or service provider; and\nworked out under the contributions schedule on the basis of the relevance of the infrastructure to the actual proposed development to which the approval relates.\nThis section does not effect the conditions that may be imposed by a referral agency.\ns 283ZZ ins 2010 No. 19 s 113\n(sec.283ZZ-ssec.1) The assessment manager for a development application for development on Brisbane core port land may, under the Planning Act , impose a condition on the development approval for the application requiring a contribution only in relation to the following infrastructure provided by the Brisbane City Council or a service provider— drainage; public transport; roads; sewerage and water supply headworks.\n(sec.283ZZ-ssec.2) In this section— contribution , for a condition of a development approval, means an amount payable under the condition to the Brisbane City Council or a service provider— for infrastructure provided by the Brisbane City Council or service provider; and worked out under the contributions schedule on the basis of the relevance of the infrastructure to the actual proposed development to which the approval relates. This section does not effect the conditions that may be imposed by a referral agency.\n- (a) drainage;\n- (b) public transport;\n- (c) roads;\n- (d) sewerage and water supply headworks.\n- (a) for infrastructure provided by the Brisbane City Council or service provider; and\n- (b) worked out under the contributions schedule on the basis of the relevance of the infrastructure to the actual proposed development to which the approval relates.","sortOrder":558},{"sectionNumber":"sec.283ZZA","sectionType":"section","heading":"Particular provisions of Planning Act do not apply in relation to Brisbane core port land","content":"### sec.283ZZA Particular provisions of Planning Act do not apply in relation to Brisbane core port land\n\nThe Planning Act , section 263 does not apply in relation to Brisbane core port land.\nA person is not entitled to claim compensation under the Planning Act , chapter 2 , part 4 , division 2 , or any other law in relation to a change to the Brisbane port LUP affecting the person’s interest in any Brisbane core port land.\ns 283ZZA ins 2010 No. 19 s 113\namd 2016 No. 27 s 585\n(sec.283ZZA-ssec.1) The Planning Act , section 263 does not apply in relation to Brisbane core port land.\n(sec.283ZZA-ssec.2) A person is not entitled to claim compensation under the Planning Act , chapter 2 , part 4 , division 2 , or any other law in relation to a change to the Brisbane port LUP affecting the person’s interest in any Brisbane core port land.","sortOrder":559},{"sectionNumber":"sec.283ZZB","sectionType":"section","heading":"Modified application of Planning Act , s 265","content":"### sec.283ZZB Modified application of Planning Act , s 265\n\nA person may apply to the planning chief executive for a planning and development certificate, under the Planning Act , section 265 , for premises on Brisbane core port land.\nThe application must be accompanied by the fee prescribed by regulation.\nFor subsection (1) —\nthe Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and\na regulation made under the Planning Act , section 265 (4) applies—\nas if a reference in the regulation to a local government were a reference to the planning chief executive; and\nas if a reference in the regulation to any planning scheme were a reference to the Brisbane port LUP; and\nas if a reference in the regulation to any LGIP were a reference to any contributions schedule under the Brisbane port LUP; and\nas if the regulation provides that a planning and development certificate also be accompanied by—\nany statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or\nany draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and\nwith other necessary changes.\nThis section does not limit the Planning Act , section 265 .\ns 283ZZB ins 2010 No. 19 s 113\namd 2014 No. 43 s 117 sch 1\nsub 2016 No. 27 s 586\n(sec.283ZZB-ssec.1) A person may apply to the planning chief executive for a planning and development certificate, under the Planning Act , section 265 , for premises on Brisbane core port land.\n(sec.283ZZB-ssec.2) The application must be accompanied by the fee prescribed by regulation.\n(sec.283ZZB-ssec.3) For subsection (1) — the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and a regulation made under the Planning Act , section 265 (4) applies— as if a reference in the regulation to a local government were a reference to the planning chief executive; and as if a reference in the regulation to any planning scheme were a reference to the Brisbane port LUP; and as if a reference in the regulation to any LGIP were a reference to any contributions schedule under the Brisbane port LUP; and as if the regulation provides that a planning and development certificate also be accompanied by— any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and with other necessary changes.\n(sec.283ZZB-ssec.4) This section does not limit the Planning Act , section 265 .\n- (a) the Planning Act , section 265 (3) applies as if a reference in the subsection to a local government were a reference to the planning chief executive; and\n- (b) a regulation made under the Planning Act , section 265 (4) applies— (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and (ii) as if a reference in the regulation to any planning scheme were a reference to the Brisbane port LUP; and (iii) as if a reference in the regulation to any LGIP were a reference to any contributions schedule under the Brisbane port LUP; and (iv) as if the regulation provides that a planning and development certificate also be accompanied by— (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and (v) with other necessary changes.\n- (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and\n- (ii) as if a reference in the regulation to any planning scheme were a reference to the Brisbane port LUP; and\n- (iii) as if a reference in the regulation to any LGIP were a reference to any contributions schedule under the Brisbane port LUP; and\n- (iv) as if the regulation provides that a planning and development certificate also be accompanied by— (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and\n- (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or\n- (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and\n- (v) with other necessary changes.\n- (i) as if a reference in the regulation to a local government were a reference to the planning chief executive; and\n- (ii) as if a reference in the regulation to any planning scheme were a reference to the Brisbane port LUP; and\n- (iii) as if a reference in the regulation to any LGIP were a reference to any contributions schedule under the Brisbane port LUP; and\n- (iv) as if the regulation provides that a planning and development certificate also be accompanied by— (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and\n- (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or\n- (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and\n- (v) with other necessary changes.\n- (A) any statement of proposal for Brisbane core port land notified under section 283ZB (2) , if a draft plan in relation to the statement of proposal has not yet been approved under section 283ZE ; or\n- (B) any draft plan for Brisbane core port land notified under section 283ZB (2) but not yet approved under section 283ZE ; and","sortOrder":560},{"sectionNumber":"sec.283ZZC","sectionType":"section","heading":"Restriction on designation of premises for development of infrastructure","content":"### sec.283ZZC Restriction on designation of premises for development of infrastructure\n\nDespite the Planning Act , chapter 2 , part 5 , only the planning Minister may, under that part, make a designation of premises that is, or includes, Brisbane core port land.\nDevelopment carried out on premises that are the subject of a designation is accepted development under the Planning Act to the extent the development—\nis carried out under the designation; and\nwould, other than for this subsection, be assessable development for that Act under the Brisbane port LUP.\nSubsection (2) does not limit the Planning Act , section 44 (6) (b) .\ns 283ZZC ins 2010 No. 19 s 113\namd 2014 No. 43 ss 33 , 117 sch 1\nsub 2016 No. 27 s 586\n(sec.283ZZC-ssec.1) Despite the Planning Act , chapter 2 , part 5 , only the planning Minister may, under that part, make a designation of premises that is, or includes, Brisbane core port land.\n(sec.283ZZC-ssec.2) Development carried out on premises that are the subject of a designation is accepted development under the Planning Act to the extent the development— is carried out under the designation; and would, other than for this subsection, be assessable development for that Act under the Brisbane port LUP.\n(sec.283ZZC-ssec.3) Subsection (2) does not limit the Planning Act , section 44 (6) (b) .\n- (a) is carried out under the designation; and\n- (b) would, other than for this subsection, be assessable development for that Act under the Brisbane port LUP.","sortOrder":561},{"sectionNumber":"sec.283ZZD","sectionType":"section","heading":null,"content":"### Section sec.283ZZD\n\ns 283ZZD ins 2010 No. 19 s 113\namd 2012 No. 34 s 126\nom 2016 No. 27 s 587","sortOrder":562},{"sectionNumber":"sec.283ZZE","sectionType":"section","heading":"Requirement to give notice of development approval and infrastructure agreement","content":"### sec.283ZZE Requirement to give notice of development approval and infrastructure agreement\n\nIf the planning chief executive gives a development approval for development on Brisbane core port land, the planning chief executive must, within 5 business days after giving the approval, give a copy of the approval to each of the following—\nthe Brisbane City Council;\nthe port operator;\nthe chief executive;\neach referral agency for the development application to which the approval relates.\nIf an applicant for a development approval for development on Brisbane core port land enters into an infrastructure agreement under the Planning Act in relation to the development, the applicant must give a copy of the agreement to—\nthe Brisbane City Council; and\nif the planning chief executive is not a party to the agreement—the planning chief executive; and\nif the chief executive is not a party to the agreement—the chief executive.\ns 283ZZE ins 2010 No. 19 s 113\n(sec.283ZZE-ssec.1) If the planning chief executive gives a development approval for development on Brisbane core port land, the planning chief executive must, within 5 business days after giving the approval, give a copy of the approval to each of the following— the Brisbane City Council; the port operator; the chief executive; each referral agency for the development application to which the approval relates.\n(sec.283ZZE-ssec.2) If an applicant for a development approval for development on Brisbane core port land enters into an infrastructure agreement under the Planning Act in relation to the development, the applicant must give a copy of the agreement to— the Brisbane City Council; and if the planning chief executive is not a party to the agreement—the planning chief executive; and if the chief executive is not a party to the agreement—the chief executive.\n- (a) the Brisbane City Council;\n- (b) the port operator;\n- (c) the chief executive;\n- (d) each referral agency for the development application to which the approval relates.\n- (a) the Brisbane City Council; and\n- (b) if the planning chief executive is not a party to the agreement—the planning chief executive; and\n- (c) if the chief executive is not a party to the agreement—the chief executive.","sortOrder":563},{"sectionNumber":"sec.283ZZF","sectionType":"section","heading":"Delegation of particular functions of planning chief executive","content":"### sec.283ZZF Delegation of particular functions of planning chief executive\n\nThe planning chief executive may delegate the planning chief executive’s relevant administrative functions to the Brisbane City Council.\nIf the planning chief executive delegates any relevant administrative functions to the Brisbane City Council, the planning chief executive must—\ngive written notice of the delegation to the port operator; and\npublish the notice on the website of the department in which the Planning Act is administered.\nIn this section—\nrelevant administrative functions means the planning chief executive’s functions under the Planning Act for matters relating to the administration and enforcement, under that Act, of a development approval for development on Brisbane core port land.\ns 283ZZF ins 2010 No. 19 s 113\namd 2014 No. 43 s 117 sch 1\n(sec.283ZZF-ssec.1) The planning chief executive may delegate the planning chief executive’s relevant administrative functions to the Brisbane City Council.\n(sec.283ZZF-ssec.2) If the planning chief executive delegates any relevant administrative functions to the Brisbane City Council, the planning chief executive must— give written notice of the delegation to the port operator; and publish the notice on the website of the department in which the Planning Act is administered.\n(sec.283ZZF-ssec.3) In this section— relevant administrative functions means the planning chief executive’s functions under the Planning Act for matters relating to the administration and enforcement, under that Act, of a development approval for development on Brisbane core port land.\n- (a) give written notice of the delegation to the port operator; and\n- (b) publish the notice on the website of the department in which the Planning Act is administered.","sortOrder":564},{"sectionNumber":"sec.283ZZG","sectionType":"section","heading":"Brisbane port LUP does not affect existing development approval","content":"### sec.283ZZG Brisbane port LUP does not affect existing development approval\n\nThis section applies if—\na development approval is in effect for premises on Brisbane core port land; and\nafter the approval is given, the Brisbane port LUP is replaced or amended.\nTo the extent the development approval has not lapsed, the replacement or amended Brisbane port LUP does not stop or additionally regulate the development to which the approval relates, or otherwise affect the approval.\ns 283ZZG ins 2010 No. 19 s 113\n(sec.283ZZG-ssec.1) This section applies if— a development approval is in effect for premises on Brisbane core port land; and after the approval is given, the Brisbane port LUP is replaced or amended.\n(sec.283ZZG-ssec.2) To the extent the development approval has not lapsed, the replacement or amended Brisbane port LUP does not stop or additionally regulate the development to which the approval relates, or otherwise affect the approval.\n- (a) a development approval is in effect for premises on Brisbane core port land; and\n- (b) after the approval is given, the Brisbane port LUP is replaced or amended.","sortOrder":565},{"sectionNumber":"sec.283ZZH","sectionType":"section","heading":"Planning scheme can not affect existing development approval","content":"### sec.283ZZH Planning scheme can not affect existing development approval\n\nThis section applies if a development approval is in effect for premises on—\nBrisbane core port land, and the land the subject of the approval stops being Brisbane core port land; or\nland that becomes balance port land.\nThe carrying out of development or the use of premises under the approval can not be stopped or additionally regulated under any planning scheme that applies to the land—\nwhen, or after, it stops being Brisbane core port land; or\nwhen, or after, it becomes balance port land.\ns 283ZZH ins 2010 No. 19 s 113\n(sec.283ZZH-ssec.1) This section applies if a development approval is in effect for premises on— Brisbane core port land, and the land the subject of the approval stops being Brisbane core port land; or land that becomes balance port land.\n(sec.283ZZH-ssec.2) The carrying out of development or the use of premises under the approval can not be stopped or additionally regulated under any planning scheme that applies to the land— when, or after, it stops being Brisbane core port land; or when, or after, it becomes balance port land.\n- (a) Brisbane core port land, and the land the subject of the approval stops being Brisbane core port land; or\n- (b) land that becomes balance port land.\n- (a) when, or after, it stops being Brisbane core port land; or\n- (b) when, or after, it becomes balance port land.","sortOrder":566},{"sectionNumber":"sec.283ZZI","sectionType":"section","heading":"Changing status of land—effect on development approvals","content":"### sec.283ZZI Changing status of land—effect on development approvals\n\nSubsection (2) applies if—\na development approval is in effect for premises on Brisbane core port land; and\nthe land the subject of the approval stops being Brisbane core port land; and\nthe approval was given by the Port of Brisbane Corporation or the planning chief executive.\nFor the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by the Brisbane City Council.\nSubsection (4) applies if—\na development approval is in effect for premises on land that is not Brisbane core port land; and\nthe land the subject of the approval becomes Brisbane core port land.\nFor the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by the planning chief executive.\nSubsection (6) applies if—\na development approval is in effect for premises on balance port land; and\nthe approval was given by the Port of Brisbane Corporation.\nFor the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by—\nMEDQ under the Economic Development Act 2012 if the balance port land is in the Northshore Hamilton urban development area under that Act; or\notherwise—the local government for the area that adjoins the balance port land or in which the balance port land is situated.\ns 283ZZI ins 2010 No. 19 s 113\namd 2012 No. 43 s 325 sch 2\n(sec.283ZZI-ssec.1) Subsection (2) applies if— a development approval is in effect for premises on Brisbane core port land; and the land the subject of the approval stops being Brisbane core port land; and the approval was given by the Port of Brisbane Corporation or the planning chief executive.\n(sec.283ZZI-ssec.2) For the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by the Brisbane City Council.\n(sec.283ZZI-ssec.3) Subsection (4) applies if— a development approval is in effect for premises on land that is not Brisbane core port land; and the land the subject of the approval becomes Brisbane core port land.\n(sec.283ZZI-ssec.4) For the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by the planning chief executive.\n(sec.283ZZI-ssec.5) Subsection (6) applies if— a development approval is in effect for premises on balance port land; and the approval was given by the Port of Brisbane Corporation.\n(sec.283ZZI-ssec.6) For the purposes of any matter relating to the administration or enforcement of the development approval under the Planning Act , the approval is taken to have been given by— MEDQ under the Economic Development Act 2012 if the balance port land is in the Northshore Hamilton urban development area under that Act; or otherwise—the local government for the area that adjoins the balance port land or in which the balance port land is situated.\n- (a) a development approval is in effect for premises on Brisbane core port land; and\n- (b) the land the subject of the approval stops being Brisbane core port land; and\n- (c) the approval was given by the Port of Brisbane Corporation or the planning chief executive.\n- (a) a development approval is in effect for premises on land that is not Brisbane core port land; and\n- (b) the land the subject of the approval becomes Brisbane core port land.\n- (a) a development approval is in effect for premises on balance port land; and\n- (b) the approval was given by the Port of Brisbane Corporation.\n- (a) MEDQ under the Economic Development Act 2012 if the balance port land is in the Northshore Hamilton urban development area under that Act; or\n- (b) otherwise—the local government for the area that adjoins the balance port land or in which the balance port land is situated.","sortOrder":567},{"sectionNumber":"sec.283ZZJ","sectionType":"section","heading":"Particular applications—Brisbane core port land","content":"### sec.283ZZJ Particular applications—Brisbane core port land\n\nThis section applies to a development application, or change application, relating to—\ndevelopment on strategic port land that becomes Brisbane core port land if—\nthe application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and\nthe Port of Brisbane Corporation is—\nif the application is a development application—the assessment manager for the application; or\nif the application is a change application—the responsible entity for the application; or\ndevelopment assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.\nOn the relevant day for the application—\nthe planning chief executive is taken to be, for the Planning Act —\nif the application is a development application—the assessment manager for the application; or\nif the application is a change application—the responsible entity for the application; and\nthe development assessment process stops for the application.\nAs soon as practicable after the relevant day for an application to which subsection (1) (a) applies, the port operator must give the application to the planning chief executive.\nAs soon as practicable after the relevant day for an application to which subsection (1) (b) applies, the assessment manager or responsible entity for the application must give the application to the planning chief executive.\nThe planning chief executive may, in writing, ask the port operator, assessment manager or responsible entity for any information or material about the application the planning chief executive reasonably requires to process and decide the application.\nThe port operator, assessment manager or responsible entity must comply with a request under subsection (5) within 10 business days after receiving the request.\nOn receiving the application, and any further information or material requested under subsection (5) , the planning chief executive must consider the application and the further information or material.\nThe development assessment process for the application starts again 20 business days after the later of the following—\nthe day the development assessment process stopped under subsection (2) (b) ;\nthe day the planning chief executive is given the application under subsection (4) .\nSubject to this part, the Planning Act applies for processing and deciding the application.\nDespite subsection (9) , the planning chief executive must assess the application against the matters that would have applied for the assessment before the relevant day for the application.\nIn this section—\nchange application does not include a change application for a minor change to a development approval, as defined in the Planning Act .\nrelevant day , for an application for land, means the day the land becomes Brisbane core port land.\ns 283ZZJ ins 2010 No. 19 s 113\namd 2014 No. 43 s 117 sch 1 ; 2016 No. 27 s 589\n(sec.283ZZJ-ssec.1) This section applies to a development application, or change application, relating to— development on strategic port land that becomes Brisbane core port land if— the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and the Port of Brisbane Corporation is— if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; or development assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.\n(sec.283ZZJ-ssec.2) On the relevant day for the application— the planning chief executive is taken to be, for the Planning Act — if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; and the development assessment process stops for the application.\n(sec.283ZZJ-ssec.3) As soon as practicable after the relevant day for an application to which subsection (1) (a) applies, the port operator must give the application to the planning chief executive.\n(sec.283ZZJ-ssec.4) As soon as practicable after the relevant day for an application to which subsection (1) (b) applies, the assessment manager or responsible entity for the application must give the application to the planning chief executive.\n(sec.283ZZJ-ssec.5) The planning chief executive may, in writing, ask the port operator, assessment manager or responsible entity for any information or material about the application the planning chief executive reasonably requires to process and decide the application.\n(sec.283ZZJ-ssec.6) The port operator, assessment manager or responsible entity must comply with a request under subsection (5) within 10 business days after receiving the request.\n(sec.283ZZJ-ssec.7) On receiving the application, and any further information or material requested under subsection (5) , the planning chief executive must consider the application and the further information or material.\n(sec.283ZZJ-ssec.8) The development assessment process for the application starts again 20 business days after the later of the following— the day the development assessment process stopped under subsection (2) (b) ; the day the planning chief executive is given the application under subsection (4) .\n(sec.283ZZJ-ssec.9) Subject to this part, the Planning Act applies for processing and deciding the application.\n(sec.283ZZJ-ssec.10) Despite subsection (9) , the planning chief executive must assess the application against the matters that would have applied for the assessment before the relevant day for the application.\n(sec.283ZZJ-ssec.11) In this section— change application does not include a change application for a minor change to a development approval, as defined in the Planning Act . relevant day , for an application for land, means the day the land becomes Brisbane core port land.\n- (a) development on strategic port land that becomes Brisbane core port land if— (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and\n- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (b) development assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.\n- (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and\n- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (a) the planning chief executive is taken to be, for the Planning Act — (i) if the application is a development application—the assessment manager for the application; or (ii) if the application is a change application—the responsible entity for the application; and\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (b) the development assessment process stops for the application.\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (a) the day the development assessment process stopped under subsection (2) (b) ;\n- (b) the day the planning chief executive is given the application under subsection (4) .","sortOrder":568},{"sectionNumber":"sec.283ZZK","sectionType":"section","heading":"Particular applications—balance port land or former Brisbane core port land","content":"### sec.283ZZK Particular applications—balance port land or former Brisbane core port land\n\nThis section applies to a development application, or change application, relating to—\ndevelopment on land that becomes balance port land if—\nthe application was made but not decided under the Planning Act before the relevant day for the land; and\nthe Port of Brisbane Corporation is—\nif the application is a development application—the assessment manager for the application; or\nif the application is a change application—the responsible entity for the application; or\ndevelopment on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP.\nOn the relevant day for the land—\nif the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act is taken to be, for the Planning Act —\nif the application is a development application—the assessment manager for the application; or\nif the application is a change application—the responsible entity for the application; and\nif the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, is taken to be, for the Planning Act —\nif the application is a development application—the assessment manager for the application; or\nif the application is a change application—the responsible entity for the application; and\nthe development assessment process stops for the application.\nAs soon as practicable after the relevant day for the land, the former decision-maker for the application must give the application to the new decision-maker for the application.\nThe new decision-maker may, in writing, ask the former decision-maker for any information or material about the application the new decision-maker reasonably requires to process and decide the application.\nThe former decision-maker must comply with a request under subsection (4) within 10 business days after receiving the request.\nOn receiving the application, and any further information or material requested under subsection (4) , the new decision-maker must consider the application and the further information or material.\nThe development assessment process for the application starts again 20 business days after the later of the following—\nthe day the development assessment process stopped under subsection (2) (c) ;\nthe day the new decision-maker is given the application under subsection (3) .\nSubject to this part, the Planning Act applies for processing and deciding the application.\nDespite subsection (8) , the new decision-maker must assess the application against the matters (including the former land use plan) that would have applied for the assessment before the relevant day for the land.\nIn this section—\nchange application does not include a change application for a minor change to a development approval, as defined in the Planning Act .\nformer decision-maker means—\nfor a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or\nfor a development application or change application to which subsection (1) (b) applies—the planning chief executive.\nnew decision-maker means—\nfor a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or\nfor a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application.\nrelevant day means—\nfor land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or\notherwise—the day the land stops being Brisbane core port land.\ns 283ZZK ins 2010 No. 19 s 113\namd 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 590\n(sec.283ZZK-ssec.1) This section applies to a development application, or change application, relating to— development on land that becomes balance port land if— the application was made but not decided under the Planning Act before the relevant day for the land; and the Port of Brisbane Corporation is— if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; or development on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP.\n(sec.283ZZK-ssec.2) On the relevant day for the land— if the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act is taken to be, for the Planning Act — if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; and if the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, is taken to be, for the Planning Act — if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; and the development assessment process stops for the application.\n(sec.283ZZK-ssec.3) As soon as practicable after the relevant day for the land, the former decision-maker for the application must give the application to the new decision-maker for the application.\n(sec.283ZZK-ssec.4) The new decision-maker may, in writing, ask the former decision-maker for any information or material about the application the new decision-maker reasonably requires to process and decide the application.\n(sec.283ZZK-ssec.5) The former decision-maker must comply with a request under subsection (4) within 10 business days after receiving the request.\n(sec.283ZZK-ssec.6) On receiving the application, and any further information or material requested under subsection (4) , the new decision-maker must consider the application and the further information or material.\n(sec.283ZZK-ssec.7) The development assessment process for the application starts again 20 business days after the later of the following— the day the development assessment process stopped under subsection (2) (c) ; the day the new decision-maker is given the application under subsection (3) .\n(sec.283ZZK-ssec.8) Subject to this part, the Planning Act applies for processing and deciding the application.\n(sec.283ZZK-ssec.9) Despite subsection (8) , the new decision-maker must assess the application against the matters (including the former land use plan) that would have applied for the assessment before the relevant day for the land.\n(sec.283ZZK-ssec.10) In this section— change application does not include a change application for a minor change to a development approval, as defined in the Planning Act . former decision-maker means— for a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or for a development application or change application to which subsection (1) (b) applies—the planning chief executive. new decision-maker means— for a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or for a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application. relevant day means— for land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or otherwise—the day the land stops being Brisbane core port land.\n- (a) development on land that becomes balance port land if— (i) the application was made but not decided under the Planning Act before the relevant day for the land; and (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (i) the application was made but not decided under the Planning Act before the relevant day for the land; and\n- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (b) development on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP.\n- (i) the application was made but not decided under the Planning Act before the relevant day for the land; and\n- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (A) if the application is a development application—the assessment manager for the application; or\n- (B) if the application is a change application—the responsible entity for the application; or\n- (a) if the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act is taken to be, for the Planning Act — (i) if the application is a development application—the assessment manager for the application; or (ii) if the application is a change application—the responsible entity for the application; and\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (b) if the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, is taken to be, for the Planning Act — (i) if the application is a development application—the assessment manager for the application; or (ii) if the application is a change application—the responsible entity for the application; and\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (c) the development assessment process stops for the application.\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (i) if the application is a development application—the assessment manager for the application; or\n- (ii) if the application is a change application—the responsible entity for the application; and\n- (a) the day the development assessment process stopped under subsection (2) (c) ;\n- (b) the day the new decision-maker is given the application under subsection (3) .\n- (a) for a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or\n- (b) for a development application or change application to which subsection (1) (b) applies—the planning chief executive.\n- (a) for a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or\n- (b) for a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application.\n- (a) for land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or\n- (b) otherwise—the day the land stops being Brisbane core port land.","sortOrder":569},{"sectionNumber":"ch.8-pt.3C-div.6","sectionType":"division","heading":"Dealings with Brisbane port land","content":"## Dealings with Brisbane port land","sortOrder":570},{"sectionNumber":"sec.283ZZL","sectionType":"section","heading":"Definitions for div 6","content":"### sec.283ZZL Definitions for div 6\n\nIn this division—\nMinister means the Minister administering the Land Act .\nport land means land that is, or is needed as, Brisbane core port land.\nport lease means a lease held under the Land Act by—\nthe Port of Brisbane Corporation; or\na subsidiary of the Port of Brisbane Corporation; or\nthe port lessor.\ns 283ZZL ins 2010 No. 19 s 113\n- (a) the Port of Brisbane Corporation; or\n- (b) a subsidiary of the Port of Brisbane Corporation; or\n- (c) the port lessor.","sortOrder":571},{"sectionNumber":"sec.283ZZM","sectionType":"section","heading":"Grant of port land","content":"### sec.283ZZM Grant of port land\n\nIf land (including reclaimed land) above high-water mark is port land—\nthe Governor in Council may issue to the port lessor, without competition, a deed of grant over all or part of the land; or\nthe Minister may issue to the port lessor, without competition, a lease over all or part of the land for either a term of years or in perpetuity.\nIf land below high-water mark is port land the Minister may issue to the port lessor, without competition, a lease over all or part of the land for either a term of years or in perpetuity.\nIf tenure over port land is to be issued to the port lessor, the Governor in Council or the Minister may include that land with freehold land or a lease held by the port lessor.\nIf a deed of grant is issued for reclaimed land under this division, or if reclaimed land is included in freehold land under this division, the purchase price for the land is nil.\nIf reclaimed land is already held under a lease, the lease must be surrendered before a new lease or deed of grant is issued under this section.\nThe following provisions of the Land Act do not apply if this section applies—\nsection 16 ;\nchapter 4 , part 1 , division 1 ;\nsection 127 ;\nsection 155 (1) .\ns 283ZZM ins 2010 No. 19 s 113\n(sec.283ZZM-ssec.1) If land (including reclaimed land) above high-water mark is port land— the Governor in Council may issue to the port lessor, without competition, a deed of grant over all or part of the land; or the Minister may issue to the port lessor, without competition, a lease over all or part of the land for either a term of years or in perpetuity.\n(sec.283ZZM-ssec.2) If land below high-water mark is port land the Minister may issue to the port lessor, without competition, a lease over all or part of the land for either a term of years or in perpetuity.\n(sec.283ZZM-ssec.3) If tenure over port land is to be issued to the port lessor, the Governor in Council or the Minister may include that land with freehold land or a lease held by the port lessor.\n(sec.283ZZM-ssec.4) If a deed of grant is issued for reclaimed land under this division, or if reclaimed land is included in freehold land under this division, the purchase price for the land is nil.\n(sec.283ZZM-ssec.5) If reclaimed land is already held under a lease, the lease must be surrendered before a new lease or deed of grant is issued under this section.\n(sec.283ZZM-ssec.6) The following provisions of the Land Act do not apply if this section applies— section 16 ; chapter 4 , part 1 , division 1 ; section 127 ; section 155 (1) .\n- (a) the Governor in Council may issue to the port lessor, without competition, a deed of grant over all or part of the land; or\n- (b) the Minister may issue to the port lessor, without competition, a lease over all or part of the land for either a term of years or in perpetuity.\n- (a) section 16 ;\n- (b) chapter 4 , part 1 , division 1 ;\n- (c) section 127 ;\n- (d) section 155 (1) .","sortOrder":572},{"sectionNumber":"sec.283ZZN","sectionType":"section","heading":"Leases and licences under Land Act","content":"### sec.283ZZN Leases and licences under Land Act\n\nThis section applies to any of the following dealings affecting land—\na transfer under the Land Act , section 322 of a sublease;\na sublease under the Land Act , section 332 ;\nan amendment under the Land Act , section 336 of a sublease;\nthe creation under the Land Act , section 362 of an easement that burdens or benefits a sublease;\nthe registration under the Land Act , section 363 of an easement that burdens or benefits a sublease;\nan amendment under the Land Act , section 370 of a registered easement that burdens or benefits a sublease.\nIf land affected by the dealing is held under a port lease or a sublease of a port lease, despite a provision of the Land Act mentioned in subsection (1) the Minister’s approval is not required for the dealing or the registration of a document for the dealing.\nIf a port entity holds a lease under the Land Act of port land, or a sublease of a trade lease of land, the port entity may grant a licence to enter and use the land.\nSubsection (3) is subject to any condition of the lease that prohibits or restricts the grant of a licence.\nTo remove any doubt, it is declared that the Minister’s approval under the Land Act is not required for the grant of a licence under this section.\nSee also sections 477C – 477E in relation to declared projects under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 .\ns 283ZZN ins 2010 No. 19 s 113\n(sec.283ZZN-ssec.1) This section applies to any of the following dealings affecting land— a transfer under the Land Act , section 322 of a sublease; a sublease under the Land Act , section 332 ; an amendment under the Land Act , section 336 of a sublease; the creation under the Land Act , section 362 of an easement that burdens or benefits a sublease; the registration under the Land Act , section 363 of an easement that burdens or benefits a sublease; an amendment under the Land Act , section 370 of a registered easement that burdens or benefits a sublease.\n(sec.283ZZN-ssec.2) If land affected by the dealing is held under a port lease or a sublease of a port lease, despite a provision of the Land Act mentioned in subsection (1) the Minister’s approval is not required for the dealing or the registration of a document for the dealing.\n(sec.283ZZN-ssec.3) If a port entity holds a lease under the Land Act of port land, or a sublease of a trade lease of land, the port entity may grant a licence to enter and use the land.\n(sec.283ZZN-ssec.4) Subsection (3) is subject to any condition of the lease that prohibits or restricts the grant of a licence.\n(sec.283ZZN-ssec.5) To remove any doubt, it is declared that the Minister’s approval under the Land Act is not required for the grant of a licence under this section. See also sections 477C – 477E in relation to declared projects under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 .\n- (a) a transfer under the Land Act , section 322 of a sublease;\n- (b) a sublease under the Land Act , section 332 ;\n- (c) an amendment under the Land Act , section 336 of a sublease;\n- (d) the creation under the Land Act , section 362 of an easement that burdens or benefits a sublease;\n- (e) the registration under the Land Act , section 363 of an easement that burdens or benefits a sublease;\n- (f) an amendment under the Land Act , section 370 of a registered easement that burdens or benefits a sublease.","sortOrder":573},{"sectionNumber":"sec.283ZZO","sectionType":"section","heading":"Amendment of area of subleases of port land","content":"### sec.283ZZO Amendment of area of subleases of port land\n\nAn amendment to a sublease of a port lease may increase or decrease the subleased area.\nTo remove any doubt, it is declared that an amendment under this section increasing the area of a sublease does not constitute the surrender of a lease or sublease, or create a new lease or sublease.\nTo remove any doubt, it is declared that an amendment under this section decreasing the area of a sublease does not constitute the surrender of a lease or sublease of the remaining area of the sublease, or create a new lease or sublease.\ns 283ZZO ins 2010 No. 19 s 113\n(sec.283ZZO-ssec.1) An amendment to a sublease of a port lease may increase or decrease the subleased area.\n(sec.283ZZO-ssec.2) To remove any doubt, it is declared that an amendment under this section increasing the area of a sublease does not constitute the surrender of a lease or sublease, or create a new lease or sublease.\n(sec.283ZZO-ssec.3) To remove any doubt, it is declared that an amendment under this section decreasing the area of a sublease does not constitute the surrender of a lease or sublease of the remaining area of the sublease, or create a new lease or sublease.","sortOrder":574},{"sectionNumber":"sec.283ZZP","sectionType":"section","heading":"Delegation by Minister","content":"### sec.283ZZP Delegation by Minister\n\nThe Minister may delegate a function or power under this division to the chief executive or an officer or employee of the department that administers the Land Act .\ns 283ZZP ins 2010 No. 19 s 113","sortOrder":575},{"sectionNumber":"sec.283ZZQ","sectionType":"section","heading":"Application of Land Act and registration","content":"### sec.283ZZQ Application of Land Act and registration\n\nSubject to this division, the Land Act applies to a lease granted under this division as if it were granted under the Land Act .\nThe chief executive of the department that administers the Land Act may record a dealing effected for a lease under this division in the leasehold land register.\ns 283ZZQ ins 2010 No. 19 s 113\n(sec.283ZZQ-ssec.1) Subject to this division, the Land Act applies to a lease granted under this division as if it were granted under the Land Act .\n(sec.283ZZQ-ssec.2) The chief executive of the department that administers the Land Act may record a dealing effected for a lease under this division in the leasehold land register.","sortOrder":576},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Land management—ports other than Port of Brisbane","content":"# Land management—ports other than Port of Brisbane","sortOrder":577},{"sectionNumber":"ch.8-pt.4-div.1","sectionType":"division","heading":"Strategic port land","content":"## Strategic port land","sortOrder":578},{"sectionNumber":"sec.284","sectionType":"section","heading":"Definitions for div 1","content":"### sec.284 Definitions for div 1\n\nIn this division—\ncore matters , in relation to a land use plan (including its preparation), means each of the following matters—\nland use and development;\nport facilities;\nvaluable features.\nland use and development , for an area, includes each of the following—\nthe location of, and the relationships between, the land uses in the area;\nthe current effects of land use in the area;\nthe likely effects of any proposed development of the land;\nthe accessibility to the area.\nvaluable features ...\ns 284 def valuable features amd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch\nom 2016 No. 27 s 591\ns 284 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 12\n- (a) land use and development;\n- (b) port facilities;\n- (c) valuable features.\n- (a) the location of, and the relationships between, the land uses in the area;\n- (b) the current effects of land use in the area;\n- (c) the likely effects of any proposed development of the land;\n- (d) the accessibility to the area.","sortOrder":579},{"sectionNumber":"sec.285","sectionType":"section","heading":"Land use plans","content":"### sec.285 Land use plans\n\nThis section applies to port authority land that is on or near the interface between the land and the waters within the limits of the port, as defined under section 274 , and that is used or may be used—\nfor domestic or international trade; or\nby industries requiring close proximity to a port; or\nfor the integration of sea transport with other transport modes; or\nas port buffer lands; or\nas a boating facility; or\nfor a purpose mentioned in section 275 (1) (f) ; or\nfor other purposes of a port authority prescribed under a regulation.\nAt least every 8 years, a port authority must prepare a land use plan in relation to the port authority’s land for approval under section 286 .\nThe Minister may also direct a port authority to prepare a land use plan, or an amendment of a land use plan, for approval under section 286 .\nA port authority’s land use plan must—\nspecify details of—\nthe port authority’s strategic port land; and\nland the port authority proposes to become strategic port land; and\nthe current and proposed uses of the land; and\ncoordinate and integrate the core matters relevant to the land use plan; and\nidentify desired environmental outcomes for the land; and\ninclude measures that will help achieve the desired environmental outcomes.\nIn this section—\nport authority land , of a port authority, means land the port authority or, if the port authority is a GOC port authority, a wholly owned subsidiary of the port authority—\nholds title to; or\nholds directly from the State.\ns 285 ins 1994 No. 32 s 5\nsub 2005 No. 22 s 12\namd 2006 No. 21 s 131 ; 2008 No. 67 s 289 ; 2008 No. 46 s 152\n(sec.285-ssec.1) This section applies to port authority land that is on or near the interface between the land and the waters within the limits of the port, as defined under section 274 , and that is used or may be used— for domestic or international trade; or by industries requiring close proximity to a port; or for the integration of sea transport with other transport modes; or as port buffer lands; or as a boating facility; or for a purpose mentioned in section 275 (1) (f) ; or for other purposes of a port authority prescribed under a regulation.\n(sec.285-ssec.2) At least every 8 years, a port authority must prepare a land use plan in relation to the port authority’s land for approval under section 286 .\n(sec.285-ssec.3) The Minister may also direct a port authority to prepare a land use plan, or an amendment of a land use plan, for approval under section 286 .\n(sec.285-ssec.4) A port authority’s land use plan must— specify details of— the port authority’s strategic port land; and land the port authority proposes to become strategic port land; and the current and proposed uses of the land; and coordinate and integrate the core matters relevant to the land use plan; and identify desired environmental outcomes for the land; and include measures that will help achieve the desired environmental outcomes.\n(sec.285-ssec.5) In this section— port authority land , of a port authority, means land the port authority or, if the port authority is a GOC port authority, a wholly owned subsidiary of the port authority— holds title to; or holds directly from the State.\n- (a) for domestic or international trade; or\n- (b) by industries requiring close proximity to a port; or\n- (c) for the integration of sea transport with other transport modes; or\n- (d) as port buffer lands; or\n- (e) as a boating facility; or\n- (f) for a purpose mentioned in section 275 (1) (f) ; or\n- (g) for other purposes of a port authority prescribed under a regulation.\n- (a) specify details of— (i) the port authority’s strategic port land; and (ii) land the port authority proposes to become strategic port land; and (iii) the current and proposed uses of the land; and\n- (i) the port authority’s strategic port land; and\n- (ii) land the port authority proposes to become strategic port land; and\n- (iii) the current and proposed uses of the land; and\n- (b) coordinate and integrate the core matters relevant to the land use plan; and\n- (c) identify desired environmental outcomes for the land; and\n- (d) include measures that will help achieve the desired environmental outcomes.\n- (i) the port authority’s strategic port land; and\n- (ii) land the port authority proposes to become strategic port land; and\n- (iii) the current and proposed uses of the land; and\n- (a) holds title to; or\n- (b) holds directly from the State.","sortOrder":580},{"sectionNumber":"sec.285A","sectionType":"section","heading":"Statement of proposal for preparation of a land use plan or amendment of a plan","content":"### sec.285A Statement of proposal for preparation of a land use plan or amendment of a plan\n\nA port authority must prepare a statement ( statement of proposal ) about—\nthe preparation of a land use plan; or\nan amendment of a land use plan, unless the amendment—\nis to remove land from the land use plan; or\nrelates to land that is already strategic port land and its usage is not to change.\nThe statement of proposal must—\nidentify matters the port authority anticipates the land use plan will address; and\nstate how the port authority intends to address each relevant aspect of a core matter in the land use plan.\nA port authority must supply the statement of proposal to the local government for the local government area within which the port area is situated, and any other local government for a local government area adjoining the port area.\ns 285A ins 2005 No. 22 s 12\n(sec.285A-ssec.1) A port authority must prepare a statement ( statement of proposal ) about— the preparation of a land use plan; or an amendment of a land use plan, unless the amendment— is to remove land from the land use plan; or relates to land that is already strategic port land and its usage is not to change.\n(sec.285A-ssec.2) The statement of proposal must— identify matters the port authority anticipates the land use plan will address; and state how the port authority intends to address each relevant aspect of a core matter in the land use plan.\n(sec.285A-ssec.3) A port authority must supply the statement of proposal to the local government for the local government area within which the port area is situated, and any other local government for a local government area adjoining the port area.\n- (a) the preparation of a land use plan; or\n- (b) an amendment of a land use plan, unless the amendment— (i) is to remove land from the land use plan; or (ii) relates to land that is already strategic port land and its usage is not to change.\n- (i) is to remove land from the land use plan; or\n- (ii) relates to land that is already strategic port land and its usage is not to change.\n- (i) is to remove land from the land use plan; or\n- (ii) relates to land that is already strategic port land and its usage is not to change.\n- (a) identify matters the port authority anticipates the land use plan will address; and\n- (b) state how the port authority intends to address each relevant aspect of a core matter in the land use plan.","sortOrder":581},{"sectionNumber":"sec.285B","sectionType":"section","heading":"Draft plan for preparation of a land use plan or amendment of a plan","content":"### sec.285B Draft plan for preparation of a land use plan or amendment of a plan\n\nAfter complying with section 285A , and section 285C to the extent the section relates to a statement of proposal, a port authority must—\ntake appropriate account of issues raised as a result of consultation under section 285C in relation to the statement of proposal; and\nprepare a draft ( draft plan ) of—\nif the statement of proposal is for the preparation of a land use plan—the land use plan; or\nif the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\nsupply the draft plan to the local government for the local government area within which the port area is situated, and any other local government for a local government area adjoining the port area.\ns 285B ins 2005 No. 22 s 12\n- (a) take appropriate account of issues raised as a result of consultation under section 285C in relation to the statement of proposal; and\n- (b) prepare a draft ( draft plan ) of— (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\n- (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or\n- (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and\n- (c) supply the draft plan to the local government for the local government area within which the port area is situated, and any other local government for a local government area adjoining the port area.\n- (i) if the statement of proposal is for the preparation of a land use plan—the land use plan; or\n- (ii) if the statement of proposal is for an amendment of a land use plan—the amendment of the land use plan; and","sortOrder":582},{"sectionNumber":"sec.285C","sectionType":"section","heading":"Consultation on statement of proposal or draft plan","content":"### sec.285C Consultation on statement of proposal or draft plan\n\nThis section applies if a port authority prepares a statement of proposal under section 285A or a draft plan under section 285B .\nThe port authority must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following—\nthe name of the port authority;\nthat the port authority has prepared a statement of proposal or a draft plan and that it is available for inspection and purchase;\na contact telephone number for information about the statement of proposal or draft plan;\nthat any person may make written submissions about the statement of proposal or draft plan to the port authority;\nthe period (the consultation period ) during which submissions may be made;\nthe requirements for properly making a submission.\nThe consultation period must be for at least 40 business days after the notice is first published under subsection (2) .\ns 285C ins 2005 No. 22 s 12\n(sec.285C-ssec.1) This section applies if a port authority prepares a statement of proposal under section 285A or a draft plan under section 285B .\n(sec.285C-ssec.2) The port authority must publish, at least once in a newspaper circulating generally in the area to which the statement of proposal or the draft plan relates, a notice stating the following— the name of the port authority; that the port authority has prepared a statement of proposal or a draft plan and that it is available for inspection and purchase; a contact telephone number for information about the statement of proposal or draft plan; that any person may make written submissions about the statement of proposal or draft plan to the port authority; the period (the consultation period ) during which submissions may be made; the requirements for properly making a submission.\n(sec.285C-ssec.3) The consultation period must be for at least 40 business days after the notice is first published under subsection (2) .\n- (a) the name of the port authority;\n- (b) that the port authority has prepared a statement of proposal or a draft plan and that it is available for inspection and purchase;\n- (c) a contact telephone number for information about the statement of proposal or draft plan;\n- (d) that any person may make written submissions about the statement of proposal or draft plan to the port authority;\n- (e) the period (the consultation period ) during which submissions may be made;\n- (f) the requirements for properly making a submission.","sortOrder":583},{"sectionNumber":"sec.285D","sectionType":"section","heading":"Directions by Minister for amendment of draft plan","content":"### sec.285D Directions by Minister for amendment of draft plan\n\nThe Minister may return a draft plan prepared by the port authority under section 285B for amendment in the way directed by the Minister.\nA copy of the direction must be published in the gazette within 21 days after it is given.\ns 285D ins 2005 No. 22 s 12\n(sec.285D-ssec.1) The Minister may return a draft plan prepared by the port authority under section 285B for amendment in the way directed by the Minister.\n(sec.285D-ssec.2) A copy of the direction must be published in the gazette within 21 days after it is given.","sortOrder":584},{"sectionNumber":"sec.286","sectionType":"section","heading":"Approval of land use plans","content":"### sec.286 Approval of land use plans\n\nThe Minister may approve a draft plan prepared under section 285B if the Minister is satisfied that—\nthe land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and\nthe port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and\nno local government has a substantial objection to the draft plan; and\nState interests will not be adversely affected by the draft plan; and\nif the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area.\nIf the Minister is satisfied about subsection (1) (a) , (b) , (d) and (e) but is satisfied that a local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\nApproval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given.\nThe approval takes effect when it is notified in the gazette.\nLand included in a port authority’s current approved land use plan is its strategic port land .\nEach port authority must ensure the port authority’s current approved land use plan is published on the port authority’s website on the internet.\nIn this section—\nmaster planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 .\nport overlay , for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015 , part 2 , division 3 .\npriority port see the Sustainable Ports Development Act 2015 , section 5 .\ns 286 ins 1994 No. 32 s 5\namd 2005 No. 22 s 13 ; 2015 No. 28 s 53\n(sec.286-ssec.1) The Minister may approve a draft plan prepared under section 285B if the Minister is satisfied that— the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and no local government has a substantial objection to the draft plan; and State interests will not be adversely affected by the draft plan; and if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area.\n(sec.286-ssec.2) If the Minister is satisfied about subsection (1) (a) , (b) , (d) and (e) but is satisfied that a local government has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.\n(sec.286-ssec.3) Approval of a land use plan, or an amendment of a land use plan, must be notified in the gazette within 21 days after it is given.\n(sec.286-ssec.4) The approval takes effect when it is notified in the gazette.\n(sec.286-ssec.5) Land included in a port authority’s current approved land use plan is its strategic port land .\n(sec.286-ssec.6) Each port authority must ensure the port authority’s current approved land use plan is published on the port authority’s website on the internet.\n(sec.286-ssec.7) In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay , for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015 , part 2 , division 3 . priority port see the Sustainable Ports Development Act 2015 , section 5 .\n- (a) the land included in the draft plan is used or may be used for a matter or purpose mentioned in section 285 (1) ; and\n- (b) the port authority has taken appropriate account of issues raised in written submissions made to it under section 285C ; and\n- (c) no local government has a substantial objection to the draft plan; and\n- (d) State interests will not be adversely affected by the draft plan; and\n- (e) if the land included in the draft plan is within, or includes, a priority port’s master planned area—the draft plan is consistent with the port overlay for the master planned area.","sortOrder":585},{"sectionNumber":"sec.287","sectionType":"section","heading":"Strategic port land not subject to local planning instrument","content":"### sec.287 Strategic port land not subject to local planning instrument\n\nStrategic port land is not subject to a local planning instrument under the Planning Act .\nSubsection (1) has effect despite the Planning Act , chapter 2 , part 3 .\ns 287 ins 1994 No. 32 s 5\namd 1998 No. 13 s 191 sch\nsub 1998 No. 31 s 87 ; 2000 No. 4 s 92 ; 2009 No. 36 s 872 sch 2\namd 2010 No. 19 s 281 sch ; 2016 No. 27 s 592\n(sec.287-ssec.1) Strategic port land is not subject to a local planning instrument under the Planning Act .\n(sec.287-ssec.2) Subsection (1) has effect despite the Planning Act , chapter 2 , part 3 .","sortOrder":586},{"sectionNumber":"ch.8-pt.4-div.2","sectionType":"division","heading":"General","content":"## General","sortOrder":587},{"sectionNumber":"sec.287A","sectionType":"section","heading":"Impact of particular development and port operations","content":"### sec.287A Impact of particular development and port operations\n\nThis section applies if the Minister is—\na referral agency for a development application; or\nthe responsible entity or a referral agency for a change application.\nThis section has as its purpose ensuring—\nthe safety and operational integrity of ports; and\nthat development addresses impacts on the development from environmental emissions generated from a port.\nair particles, fumes, light, noise\nFor performing the Minister’s functions as the responsible entity or a referral agency, the Minister must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\nSubsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\nThis section does not apply to development in a State development area under the State Development and Public Works Organisation Act 1971 .\ns 287A ins 2009 No. 47 s 11\namd 2010 No. 13 s 84 sch pt 1 ; 2010 No. 19 s 281 sch ; 2016 No. 27 s 593 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.287A-ssec.1) This section applies if the Minister is— a referral agency for a development application; or the responsible entity or a referral agency for a change application.\n(sec.287A-ssec.2) This section has as its purpose ensuring— the safety and operational integrity of ports; and that development addresses impacts on the development from environmental emissions generated from a port. air particles, fumes, light, noise\n(sec.287A-ssec.3) For performing the Minister’s functions as the responsible entity or a referral agency, the Minister must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2) .\n(sec.287A-ssec.4) Subsection (3) is in addition to, and does not limit, the Planning Act , sections 55 , 81 , 81A and 82 .\n(sec.287A-ssec.5) This section does not apply to development in a State development area under the State Development and Public Works Organisation Act 1971 .\n- (a) a referral agency for a development application; or\n- (b) the responsible entity or a referral agency for a change application.\n- (a) the safety and operational integrity of ports; and\n- (b) that development addresses impacts on the development from environmental emissions generated from a port. Examples of environmental emissions— air particles, fumes, light, noise","sortOrder":588},{"sectionNumber":"sec.287B","sectionType":"section","heading":"Guidelines for s 287A","content":"### sec.287B Guidelines for s 287A\n\nFor the purpose of section 287A , the chief executive may make guidelines to which a person must have regard when carrying out development under the Planning Act .\nThe chief executive must give a copy of the guidelines to each local government affected by the guidelines.\ns 287B ins 2009 No. 47 s 11\namd 2010 No. 13 s 84 sch pt 1 ; 2016 No. 27 s 594\n(sec.287B-ssec.1) For the purpose of section 287A , the chief executive may make guidelines to which a person must have regard when carrying out development under the Planning Act .\n(sec.287B-ssec.2) The chief executive must give a copy of the guidelines to each local government affected by the guidelines.","sortOrder":589},{"sectionNumber":"sec.288","sectionType":"section","heading":"Restrictions on dealing in property","content":"### sec.288 Restrictions on dealing in property\n\nA port authority must not, without the Minister’s written approval—\ndispose of freehold land; or\nenter into a lease, licence or another form of tenure of its strategic port land, or its port facilities, for longer than 25 years (including any renewal option).\nAlso, a wholly owned subsidiary of a GOC port authority must not, without the Minister’s approval—\ndispose of freehold land; or\nenter into a lease, licence or another form of tenure of its facilities or land that are a port authority’s port facilities, for longer than 25 years (including any renewal option).\nAn approval may be subject to conditions.\nA purported dealing in land or port facilities contrary to this section has no effect.\ns 288 ins 1994 No. 32 s 5\namd 2008 No. 67 s 290\n(sec.288-ssec.1) A port authority must not, without the Minister’s written approval— dispose of freehold land; or enter into a lease, licence or another form of tenure of its strategic port land, or its port facilities, for longer than 25 years (including any renewal option).\n(sec.288-ssec.2) Also, a wholly owned subsidiary of a GOC port authority must not, without the Minister’s approval— dispose of freehold land; or enter into a lease, licence or another form of tenure of its facilities or land that are a port authority’s port facilities, for longer than 25 years (including any renewal option).\n(sec.288-ssec.3) An approval may be subject to conditions.\n(sec.288-ssec.4) A purported dealing in land or port facilities contrary to this section has no effect.\n- (a) dispose of freehold land; or\n- (b) enter into a lease, licence or another form of tenure of its strategic port land, or its port facilities, for longer than 25 years (including any renewal option).\n- (a) dispose of freehold land; or\n- (b) enter into a lease, licence or another form of tenure of its facilities or land that are a port authority’s port facilities, for longer than 25 years (including any renewal option).","sortOrder":590},{"sectionNumber":"sec.289","sectionType":"section","heading":"Port marine operational area","content":"### sec.289 Port marine operational area\n\nIn an Act, a reference to the marine operational area of a port is a reference to an area of land that is—\nwithin the limits of the port; and\nbelow the ordinary high-water mark at spring tides; and\nat least 1 of the following—\nin, or within 200m of, marked shipping channels and recognised entry and exit shipping corridors;\nin, or within 100m of, swing basins, commercial shipping wharves, moorings, anchorages and spoil grounds;\ndeclared under a regulation to be a marine operational area for the port.\ns 289 ins 2002 No. 71 s 13\n- (a) within the limits of the port; and\n- (b) below the ordinary high-water mark at spring tides; and\n- (c) at least 1 of the following— (i) in, or within 200m of, marked shipping channels and recognised entry and exit shipping corridors; (ii) in, or within 100m of, swing basins, commercial shipping wharves, moorings, anchorages and spoil grounds; (iii) declared under a regulation to be a marine operational area for the port.\n- (i) in, or within 200m of, marked shipping channels and recognised entry and exit shipping corridors;\n- (ii) in, or within 100m of, swing basins, commercial shipping wharves, moorings, anchorages and spoil grounds;\n- (iii) declared under a regulation to be a marine operational area for the port.\n- (i) in, or within 200m of, marked shipping channels and recognised entry and exit shipping corridors;\n- (ii) in, or within 100m of, swing basins, commercial shipping wharves, moorings, anchorages and spoil grounds;\n- (iii) declared under a regulation to be a marine operational area for the port.","sortOrder":591},{"sectionNumber":"ch.8-pt.4A","sectionType":"part","heading":"Port approvals","content":"# Port approvals","sortOrder":592},{"sectionNumber":"sec.289A","sectionType":"section","heading":"Application of pt 4A","content":"### sec.289A Application of pt 4A\n\nThis part applies if a port authority decides to regulate a controlled activity by issuing a port notice, under section 282 , under which the approval of the port authority is required to perform the controlled activity.\ns 289A ins 2005 No. 22 s 14","sortOrder":593},{"sectionNumber":"sec.289B","sectionType":"section","heading":"Definitions for pt 4A","content":"### sec.289B Definitions for pt 4A\n\nIn this part—\napproval see section 289C (1) .\ncontrolled activity means any of the following activities—\noperating a tug service;\nin relation to a ship—\nburning; or\nwelding; or\nriveting; or\nspray-painting; or\nsand blasting; or\nanother similar activity prescribed under a regulation;\noperating a refuelling facility.\ns 289B ins 2005 No. 22 s 14\n- (a) operating a tug service;\n- (b) in relation to a ship— (i) burning; or (ii) welding; or (iii) riveting; or (iv) spray-painting; or (v) sand blasting; or (vi) another similar activity prescribed under a regulation;\n- (i) burning; or\n- (ii) welding; or\n- (iii) riveting; or\n- (iv) spray-painting; or\n- (v) sand blasting; or\n- (vi) another similar activity prescribed under a regulation;\n- (c) operating a refuelling facility.\n- (i) burning; or\n- (ii) welding; or\n- (iii) riveting; or\n- (iv) spray-painting; or\n- (v) sand blasting; or\n- (vi) another similar activity prescribed under a regulation;","sortOrder":594},{"sectionNumber":"sec.289C","sectionType":"section","heading":"Application for approval","content":"### sec.289C Application for approval\n\nA person may apply to a port authority for approval to perform a controlled activity in a port authority’s port area (an approval ).\nThe application must—\nbe in writing; and\nidentify the area where the controlled activity will be performed under the approval; and\nstate any other thing relevant to the proper consideration of the application as required under a regulation.\ns 289C ins 2005 No. 22 s 14\n(sec.289C-ssec.1) A person may apply to a port authority for approval to perform a controlled activity in a port authority’s port area (an approval ).\n(sec.289C-ssec.2) The application must— be in writing; and identify the area where the controlled activity will be performed under the approval; and state any other thing relevant to the proper consideration of the application as required under a regulation.\n- (a) be in writing; and\n- (b) identify the area where the controlled activity will be performed under the approval; and\n- (c) state any other thing relevant to the proper consideration of the application as required under a regulation.","sortOrder":595},{"sectionNumber":"sec.289D","sectionType":"section","heading":"Port authority may grant approval, with or without conditions","content":"### sec.289D Port authority may grant approval, with or without conditions\n\nThe port authority may decide to—\ngrant an application for an approval, with or without conditions; or\nrefuse the application.\nA holder of an approval to operate a tug service may or may not be given an exclusive right to operate the tug service in a port area.\nA holder of an approval must not breach a condition of the approval.\nMaximum penalty for subsection (3) —50 penalty units.\ns 289D ins 2005 No. 22 s 14\n(sec.289D-ssec.1) The port authority may decide to— grant an application for an approval, with or without conditions; or refuse the application.\n(sec.289D-ssec.2) A holder of an approval to operate a tug service may or may not be given an exclusive right to operate the tug service in a port area.\n(sec.289D-ssec.3) A holder of an approval must not breach a condition of the approval. Maximum penalty for subsection (3) —50 penalty units.\n- (a) grant an application for an approval, with or without conditions; or\n- (b) refuse the application.","sortOrder":596},{"sectionNumber":"sec.289E","sectionType":"section","heading":"Change of conditions on an approval","content":"### sec.289E Change of conditions on an approval\n\nA port authority may change an approval, if the port authority considers it reasonably necessary to do so having regard to—\nthe efficient operation of the port; or\nthe safety or security of the port, its users or the port authority’s employees.\nIn this section—\nchange , an approval, means revoke, suspend, or impose or change a condition on, the approval.\ns 289E ins 2005 No. 22 s 14\n(sec.289E-ssec.1) A port authority may change an approval, if the port authority considers it reasonably necessary to do so having regard to— the efficient operation of the port; or the safety or security of the port, its users or the port authority’s employees.\n(sec.289E-ssec.2) In this section— change , an approval, means revoke, suspend, or impose or change a condition on, the approval.\n- (a) the efficient operation of the port; or\n- (b) the safety or security of the port, its users or the port authority’s employees.","sortOrder":597},{"sectionNumber":"sec.289F","sectionType":"section","heading":"Decision by port authority in relation to approval","content":"### sec.289F Decision by port authority in relation to approval\n\nThis section applies if the port authority decides to do any of the following—\nrefuse an application for an approval;\nimpose a condition on an approval as part of a grant of an application for an approval;\nchange, within the meaning of section 289E , an approval.\nThe port authority must give the applicant or approval holder a written notice stating the following—\nthe decision;\nthe reasons for the decision.\nThe written notice must also state that the applicant or approval holder may—\nunder section 289G —ask for the decision (the original decision ) to be reviewed by the port authority; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\nunder section 289GA —ask for the port authority’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and\nunder the QCAT Act —apply for the reviewed decision to be stayed.\ns 289F ins 2005 No. 22 s 14\namd 2009 No. 24 s 1719\n(sec.289F-ssec.1) This section applies if the port authority decides to do any of the following— refuse an application for an approval; impose a condition on an approval as part of a grant of an application for an approval; change, within the meaning of section 289E , an approval.\n(sec.289F-ssec.2) The port authority must give the applicant or approval holder a written notice stating the following— the decision; the reasons for the decision.\n(sec.289F-ssec.3) The written notice must also state that the applicant or approval holder may— under section 289G —ask for the decision (the original decision ) to be reviewed by the port authority; and under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and under section 289GA —ask for the port authority’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and under the QCAT Act —apply for the reviewed decision to be stayed.\n- (a) refuse an application for an approval;\n- (b) impose a condition on an approval as part of a grant of an application for an approval;\n- (c) change, within the meaning of section 289E , an approval.\n- (a) the decision;\n- (b) the reasons for the decision.\n- (a) under section 289G —ask for the decision (the original decision ) to be reviewed by the port authority; and\n- (b) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply for the original decision to be stayed; and\n- (c) under section 289GA —ask for the port authority’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and\n- (d) under the QCAT Act —apply for the reviewed decision to be stayed.","sortOrder":598},{"sectionNumber":"sec.289G","sectionType":"section","heading":"Internal review of decisions","content":"### sec.289G Internal review of decisions\n\nA person whose interests are affected by a decision mentioned in section 289F (1) (the original decision ) may ask the port authority to review the decision.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 —\napplies to the review as if a reference in the division to the chief executive were a reference to the port authority that made the decision; and\nprovides—\nfor the procedure for applying for the review and the way it is to be carried out; and\nthat the person may apply to QCAT to have the original decision stayed.\ns 289G ins 2005 No. 22 s 14\nsub 2009 No. 24 s 1720\n(sec.289G-ssec.1) A person whose interests are affected by a decision mentioned in section 289F (1) (the original decision ) may ask the port authority to review the decision.\n(sec.289G-ssec.2) The Transport Planning and Coordination Act 1994 , part 5 , division 2 — applies to the review as if a reference in the division to the chief executive were a reference to the port authority that made the decision; and provides— for the procedure for applying for the review and the way it is to be carried out; and that the person may apply to QCAT to have the original decision stayed.\n- (a) applies to the review as if a reference in the division to the chief executive were a reference to the port authority that made the decision; and\n- (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.","sortOrder":599},{"sectionNumber":"sec.289GA","sectionType":"section","heading":"External review of decisions","content":"### sec.289GA External review of decisions\n\nIf a reviewed decision is not the decision sought by the applicant for the review, the port authority that made the reviewed decision must give the applicant a QCAT information notice for the reviewed decision.\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\nIn this section—\nreviewed decision means the port authority’s decision on a review under section 289G .\ns 289GA ins 2009 No. 24 s 1720\n(sec.289GA-ssec.1) If a reviewed decision is not the decision sought by the applicant for the review, the port authority that made the reviewed decision must give the applicant a QCAT information notice for the reviewed decision.\n(sec.289GA-ssec.2) The applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision. The QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\n(sec.289GA-ssec.3) In this section— reviewed decision means the port authority’s decision on a review under section 289G .","sortOrder":600},{"sectionNumber":"ch.8-pt.4B","sectionType":"part","heading":"Disposal of abandoned property","content":"# Disposal of abandoned property","sortOrder":601},{"sectionNumber":"sec.289H","sectionType":"section","heading":"Definitions for pt 4B","content":"### sec.289H Definitions for pt 4B\n\nIn this part—\nabandoned property means property that the port authority or port operator reasonably believes has been abandoned at the port authority’s or port operator’s port facilities including, for example—\na ship or a vehicle; or\na thing attached to, or contained in, a ship or a vehicle.\ns 289H def abandoned property amd 2008 No. 46 s 153 ; 2010 No. 19 s 115 (1) – (2)\ninsufficient value property means abandoned property that is—\nof no value; or\nif sold by a port authority or port operator, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts—\nthe expenses reasonably incurred by the port authority or port operator in selling the property;\nthe expenses reasonably incurred by the port authority or port operator in dealing with the property under this part;\nthe charges, interest and other expenses owing to the port authority or port operator in relation to the property.\ns 289H def insufficient value property amd 2010 No. 19 s 115 (3) – (4)\ns 289H ins 2005 No. 22 s 14\n- (a) a ship or a vehicle; or\n- (b) a thing attached to, or contained in, a ship or a vehicle.\n- (a) of no value; or\n- (b) if sold by a port authority or port operator, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts— (i) the expenses reasonably incurred by the port authority or port operator in selling the property; (ii) the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part; (iii) the charges, interest and other expenses owing to the port authority or port operator in relation to the property.\n- (i) the expenses reasonably incurred by the port authority or port operator in selling the property;\n- (ii) the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part;\n- (iii) the charges, interest and other expenses owing to the port authority or port operator in relation to the property.\n- (i) the expenses reasonably incurred by the port authority or port operator in selling the property;\n- (ii) the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part;\n- (iii) the charges, interest and other expenses owing to the port authority or port operator in relation to the property.","sortOrder":602},{"sectionNumber":"sec.289I","sectionType":"section","heading":"Reasonable steps must be taken to find owner","content":"### sec.289I Reasonable steps must be taken to find owner\n\nThis section applies to abandoned property found at the port authority’s or port operator’s port facility, unless—\nit is insufficient value property; or\nit is perishable and it is impracticable for the port authority or port operator to keep it having regard to its nature and condition.\nThe port authority or port operator—\nmust take reasonable steps to locate the owner of the property; and\nmay have the property moved to a place it considers appropriate.\nIf the port authority or port operator has located the owner of the property within 28 days after the property was found, the port authority or port operator must give the owner a written notice—\ndescribing the property; and\nstating the property has been found; and\nexplaining how it may be recovered; and\nstating the property may be sold or disposed of if it is not recovered.\nIf the port authority or port operator has not located the owner of the property within 28 days after finding the property, the port authority or port operator must publish a notice in a newspaper circulating generally in the State that includes the matters mentioned in subsection (3) (a) to (d) .\ns 289I ins 2005 No. 22 s 14\namd 2010 No. 19 s 116\n(sec.289I-ssec.1) This section applies to abandoned property found at the port authority’s or port operator’s port facility, unless— it is insufficient value property; or it is perishable and it is impracticable for the port authority or port operator to keep it having regard to its nature and condition.\n(sec.289I-ssec.2) The port authority or port operator— must take reasonable steps to locate the owner of the property; and may have the property moved to a place it considers appropriate.\n(sec.289I-ssec.3) If the port authority or port operator has located the owner of the property within 28 days after the property was found, the port authority or port operator must give the owner a written notice— describing the property; and stating the property has been found; and explaining how it may be recovered; and stating the property may be sold or disposed of if it is not recovered.\n(sec.289I-ssec.4) If the port authority or port operator has not located the owner of the property within 28 days after finding the property, the port authority or port operator must publish a notice in a newspaper circulating generally in the State that includes the matters mentioned in subsection (3) (a) to (d) .\n- (a) it is insufficient value property; or\n- (b) it is perishable and it is impracticable for the port authority or port operator to keep it having regard to its nature and condition.\n- (a) must take reasonable steps to locate the owner of the property; and\n- (b) may have the property moved to a place it considers appropriate.\n- (a) describing the property; and\n- (b) stating the property has been found; and\n- (c) explaining how it may be recovered; and\n- (d) stating the property may be sold or disposed of if it is not recovered.","sortOrder":603},{"sectionNumber":"sec.289J","sectionType":"section","heading":"A person may claim property","content":"### sec.289J A person may claim property\n\nThe port authority or port operator must return abandoned property to a person if the person, within 28 days after the notice is given or published under section 289I —\nsatisfies the port authority or port operator that the person is the owner of the property; and\npays the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part.\ns 289J ins 2005 No. 22 s 14\namd 2010 No. 19 s 117\n- (a) satisfies the port authority or port operator that the person is the owner of the property; and\n- (b) pays the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part.","sortOrder":604},{"sectionNumber":"sec.289K","sectionType":"section","heading":"If property not claimed","content":"### sec.289K If property not claimed\n\nIf a person does not claim the abandoned property within 28 days after a port authority or port operator has given or published a notice under section 289I about it, the port authority or port operator may sell the property.\ns 289K ins 2005 No. 22 s 14\namd 2010 No. 19 s 118","sortOrder":605},{"sectionNumber":"sec.289L","sectionType":"section","heading":"Sale of perishable property","content":"### sec.289L Sale of perishable property\n\nThe port authority or port operator may sell abandoned property if it is perishable and it is impracticable for the port authority or port operator to keep it having regard to its nature and condition.\ns 289L ins 2005 No. 22 s 14\namd 2010 No. 19 s 119","sortOrder":606},{"sectionNumber":"sec.289M","sectionType":"section","heading":"Proceeds from the sale of abandoned property","content":"### sec.289M Proceeds from the sale of abandoned property\n\nIf abandoned property is sold by a port authority or port operator, the proceeds of the sale must be applied in the following order—\nin payment of the expenses reasonably incurred by the port authority or port operator in selling the property;\nin payment of the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part;\nin payment of charges, interest and other expenses owing to the port authority or port operator in relation to the property;\nif there is an amount owing to an entity under a security interest registered for the abandoned property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.\nIf the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , the difference is a debt owing to the port authority or port operator by the owner.\nCompensation may not be recovered against the port authority or port operator in relation to a payment under this section.\ns 289M ins 2005 No. 22 s 14\namd 2010 No. 19 s 120 ; 2010 No. 44 s 218\n(sec.289M-ssec.1) If abandoned property is sold by a port authority or port operator, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the port authority or port operator in selling the property; in payment of the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part; in payment of charges, interest and other expenses owing to the port authority or port operator in relation to the property; if there is an amount owing to an entity under a security interest registered for the abandoned property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.\n(sec.289M-ssec.2) If the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , (b) and (c) , the difference is a debt owing to the port authority or port operator by the owner.\n(sec.289M-ssec.3) Compensation may not be recovered against the port authority or port operator in relation to a payment under this section.\n- (a) in payment of the expenses reasonably incurred by the port authority or port operator in selling the property;\n- (b) in payment of the expenses reasonably incurred by the port authority or port operator in dealing with the property under this part;\n- (c) in payment of charges, interest and other expenses owing to the port authority or port operator in relation to the property;\n- (d) if there is an amount owing to an entity under a security interest registered for the abandoned property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (e) the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.","sortOrder":607},{"sectionNumber":"sec.289N","sectionType":"section","heading":"Abandoned property of no value","content":"### sec.289N Abandoned property of no value\n\nA port authority or port operator may dispose of abandoned property that is insufficient value property in the way the port authority or port operator considers appropriate.\ns 289N ins 2005 No. 22 s 14\namd 2010 No. 19 s 121","sortOrder":608},{"sectionNumber":"ch.8-pt.4C","sectionType":"part","heading":"Port of Brisbane—land tax and rates","content":"# Port of Brisbane—land tax and rates","sortOrder":609},{"sectionNumber":"sec.289O","sectionType":"section","heading":"Owner of land for land tax purposes","content":"### sec.289O Owner of land for land tax purposes\n\nThis section applies for the purposes of the Land Tax Act 1915 and the Land Tax Act 2010 .\nUnless subsection (3) applies, if a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation—\nthe subsidiary is taken to be the owner of the land; and\nthe Port of Brisbane Corporation is taken not to be the owner of the land.\nIf there is a port lessee of Brisbane core port land—\nthe port lessee is taken to be the owner of the land; and\nthe Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.\nA liability of the Port of Brisbane Corporation for land tax on strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.\nA liability for land tax on Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that was the port lessee immediately before the termination or expiration and not a liability of the port lessor.\nIn this section—\nland tax includes unpaid tax interest and penalty tax within the meaning of the Taxation Administration Act 2001 .\ns 289O ins 2010 No. 19 s 122\n(sec.289O-ssec.1) This section applies for the purposes of the Land Tax Act 1915 and the Land Tax Act 2010 .\n(sec.289O-ssec.2) Unless subsection (3) applies, if a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation— the subsidiary is taken to be the owner of the land; and the Port of Brisbane Corporation is taken not to be the owner of the land.\n(sec.289O-ssec.3) If there is a port lessee of Brisbane core port land— the port lessee is taken to be the owner of the land; and the Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.\n(sec.289O-ssec.4) A liability of the Port of Brisbane Corporation for land tax on strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.\n(sec.289O-ssec.5) A liability for land tax on Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that was the port lessee immediately before the termination or expiration and not a liability of the port lessor.\n(sec.289O-ssec.6) In this section— land tax includes unpaid tax interest and penalty tax within the meaning of the Taxation Administration Act 2001 .\n- (a) the subsidiary is taken to be the owner of the land; and\n- (b) the Port of Brisbane Corporation is taken not to be the owner of the land.\n- (a) the port lessee is taken to be the owner of the land; and\n- (b) the Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.","sortOrder":610},{"sectionNumber":"sec.289P","sectionType":"section","heading":"Owner of land for rating purposes","content":"### sec.289P Owner of land for rating purposes\n\nThis section applies for the purposes of the Local Government Act 1993 and the Local Government Act 2009 about levying or payment of rates.\nIf a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation—\nthe lessee or sublessee is taken to be the owner of the land; and\nthe Port of Brisbane Corporation is taken not to be the owner of the land.\nIf Brisbane core port land is occupied under a lease or sublease from the Port of Brisbane Corporation or a port entity other than a port authority—\nthe occupier is taken to be the owner of the land; and\nthe Port of Brisbane Corporation and each port entity that is not an occupier of the land are taken not to be the owner of the land.\nAn entity must notify the commissioner in writing if the entity becomes a lessee or sublessee mentioned in subsection (2) , or becomes a port lessee mentioned in subsection (3) , within 28 days after becoming the lessee, sublessee or port lessee.\nA liability of the Port of Brisbane Corporation for rates in respect of strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.\nA liability for rates in respect of Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that would have been liable under subsection (5) if the lease or sublease had not terminated or expired.\nThe following land is exempted from rates—\nstrategic port land that is occupied by a member of POBC Group;\nBrisbane core port land that is used for a road (other than a road maintained by a local government), vacant land, buffer zone or grass verge, or that is below the high-water mark;\nexisting rail corridor land or new rail corridor land.\nIn this section—\ncommissioner has the meaning given under the Taxation Administration Act 2001 .\ns 289P ins 2010 No. 19 s 122\n(sec.289P-ssec.1) This section applies for the purposes of the Local Government Act 1993 and the Local Government Act 2009 about levying or payment of rates.\n(sec.289P-ssec.2) If a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation— the lessee or sublessee is taken to be the owner of the land; and the Port of Brisbane Corporation is taken not to be the owner of the land.\n(sec.289P-ssec.3) If Brisbane core port land is occupied under a lease or sublease from the Port of Brisbane Corporation or a port entity other than a port authority— the occupier is taken to be the owner of the land; and the Port of Brisbane Corporation and each port entity that is not an occupier of the land are taken not to be the owner of the land.\n(sec.289P-ssec.4) An entity must notify the commissioner in writing if the entity becomes a lessee or sublessee mentioned in subsection (2) , or becomes a port lessee mentioned in subsection (3) , within 28 days after becoming the lessee, sublessee or port lessee.\n(sec.289P-ssec.5) A liability of the Port of Brisbane Corporation for rates in respect of strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.\n(sec.289P-ssec.6) A liability for rates in respect of Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that would have been liable under subsection (5) if the lease or sublease had not terminated or expired.\n(sec.289P-ssec.7) The following land is exempted from rates— strategic port land that is occupied by a member of POBC Group; Brisbane core port land that is used for a road (other than a road maintained by a local government), vacant land, buffer zone or grass verge, or that is below the high-water mark; existing rail corridor land or new rail corridor land.\n(sec.289P-ssec.8) In this section— commissioner has the meaning given under the Taxation Administration Act 2001 .\n- (a) the lessee or sublessee is taken to be the owner of the land; and\n- (b) the Port of Brisbane Corporation is taken not to be the owner of the land.\n- (a) the occupier is taken to be the owner of the land; and\n- (b) the Port of Brisbane Corporation and each port entity that is not an occupier of the land are taken not to be the owner of the land.\n- (a) strategic port land that is occupied by a member of POBC Group;\n- (b) Brisbane core port land that is used for a road (other than a road maintained by a local government), vacant land, buffer zone or grass verge, or that is below the high-water mark;\n- (c) existing rail corridor land or new rail corridor land.","sortOrder":611},{"sectionNumber":"sec.289Q","sectionType":"section","heading":"When port lessor, port lessee or port manager is not liable to pay royalties or similar charges","content":"### sec.289Q When port lessor, port lessee or port manager is not liable to pay royalties or similar charges\n\nThe port lessor, a port lessee or a port manager is not liable to pay royalties or similar charges for extractive material removed—\nto maintain or improve navigational channels in its port, or improve navigation in its port, if the material is disposed of under relevant statutory environmental controls; or\nto reclaim land that is, or is proposed to be, Brisbane core port land.\ns 289Q ins 2010 No. 19 s 122\n- (a) to maintain or improve navigational channels in its port, or improve navigation in its port, if the material is disposed of under relevant statutory environmental controls; or\n- (b) to reclaim land that is, or is proposed to be, Brisbane core port land.","sortOrder":612},{"sectionNumber":"ch.8-pt.4D","sectionType":"part","heading":"Port of Brisbane—matters relating to Water Supply (Safety and Reliability) Act 2008","content":"# Port of Brisbane—matters relating to Water Supply (Safety and Reliability) Act 2008","sortOrder":613},{"sectionNumber":"sec.289R","sectionType":"section","heading":"Definition for pt 4D","content":"### sec.289R Definition for pt 4D\n\nIn this part—\nWater Supply Act means the Water Supply (Safety and Reliability) Act 2008 .\ns 289R ins 2010 No. 19 s 122","sortOrder":614},{"sectionNumber":"sec.289S","sectionType":"section","heading":"Words have the same meaning as in the Water Supply Act","content":"### sec.289S Words have the same meaning as in the Water Supply Act\n\nA word used in this part and defined in the Water Supply Act has the same meaning as in the Water Supply Act .\ns 289S ins 2010 No. 19 s 122","sortOrder":615},{"sectionNumber":"sec.289T","sectionType":"section","heading":"Port operator is service provider","content":"### sec.289T Port operator is service provider\n\nThis section applies in relation to infrastructure for supplying water services or sewerage services owned by the port lessor in relation to the Port of Brisbane.\nFor the purposes of the Water Supply Act —\na port operator, other than the port lessor, is taken to be—\na water service provider for infrastructure for supplying water services; and\na sewerage service provider for infrastructure for supplying sewerage services; and\nif there is a port operator other than the port lessor—the port lessor is taken not to supply water services or sewerage services.\ns 289T ins 2010 No. 19 s 122\n(sec.289T-ssec.1) This section applies in relation to infrastructure for supplying water services or sewerage services owned by the port lessor in relation to the Port of Brisbane.\n(sec.289T-ssec.2) For the purposes of the Water Supply Act — a port operator, other than the port lessor, is taken to be— a water service provider for infrastructure for supplying water services; and a sewerage service provider for infrastructure for supplying sewerage services; and if there is a port operator other than the port lessor—the port lessor is taken not to supply water services or sewerage services.\n- (a) a port operator, other than the port lessor, is taken to be— (i) a water service provider for infrastructure for supplying water services; and (ii) a sewerage service provider for infrastructure for supplying sewerage services; and\n- (i) a water service provider for infrastructure for supplying water services; and\n- (ii) a sewerage service provider for infrastructure for supplying sewerage services; and\n- (b) if there is a port operator other than the port lessor—the port lessor is taken not to supply water services or sewerage services.\n- (i) a water service provider for infrastructure for supplying water services; and\n- (ii) a sewerage service provider for infrastructure for supplying sewerage services; and","sortOrder":616},{"sectionNumber":"sec.289U","sectionType":"section","heading":"Entry into service provider register","content":"### sec.289U Entry into service provider register\n\nIf section 289T applies—\nas soon as practicable after an entity other than the port lessor becomes a port operator, the entity must give the regulator any information requested by the regulator for the purpose of registration as a service provider; and\nthe regulator must—\nregister the entity in the service provider register as a service provider for the relevant services; and\ngive the entity notice of the registration; and\nthe Water Supply Act , sections 21 and 22 do not apply to the registration.\nThe entity is a water service provider or sewerage service provider from the day it becomes a port operator, regardless of when it is registered.\ns 289U ins 2010 No. 19 s 122\n(sec.289U-ssec.1) If section 289T applies— as soon as practicable after an entity other than the port lessor becomes a port operator, the entity must give the regulator any information requested by the regulator for the purpose of registration as a service provider; and the regulator must— register the entity in the service provider register as a service provider for the relevant services; and give the entity notice of the registration; and the Water Supply Act , sections 21 and 22 do not apply to the registration.\n(sec.289U-ssec.2) The entity is a water service provider or sewerage service provider from the day it becomes a port operator, regardless of when it is registered.\n- (a) as soon as practicable after an entity other than the port lessor becomes a port operator, the entity must give the regulator any information requested by the regulator for the purpose of registration as a service provider; and\n- (b) the regulator must— (i) register the entity in the service provider register as a service provider for the relevant services; and (ii) give the entity notice of the registration; and\n- (i) register the entity in the service provider register as a service provider for the relevant services; and\n- (ii) give the entity notice of the registration; and\n- (c) the Water Supply Act , sections 21 and 22 do not apply to the registration.\n- (i) register the entity in the service provider register as a service provider for the relevant services; and\n- (ii) give the entity notice of the registration; and","sortOrder":617},{"sectionNumber":"sec.289V","sectionType":"section","heading":"Sewerage infrastructure for Port of Brisbane","content":"### sec.289V Sewerage infrastructure for Port of Brisbane\n\nFor the purposes of the Water Supply Act , chapter 2 , part 3 , division 4 and part 6 , and sections 193 , 330 and 331 —\nthe relevant distributor-retailer is taken to be a sewerage service provider in respect of sewerage infrastructure owned by the port lessor in relation to the Port of Brisbane; and\nsewerage infrastructure mentioned in paragraph (a) is taken to be part of the relevant distributor-retailer’s infrastructure.\nThe port lessor or, if there is a port operator other than the port lessor, the port operator must give the relevant distributor-retailer information about the sewerage infrastructure mentioned in subsection (1) (a) reasonably requested by the relevant distributor-retailer in relation to the grant or administration of trade waste approvals.\nIn this section—\nrelevant distributor-retailer means the Brisbane City Council or another entity that owns the infrastructure connected to the sewerage infrastructure mentioned in subsection (1) (a) .\ns 289V ins 2010 No. 19 s 122\n(sec.289V-ssec.1) For the purposes of the Water Supply Act , chapter 2 , part 3 , division 4 and part 6 , and sections 193 , 330 and 331 — the relevant distributor-retailer is taken to be a sewerage service provider in respect of sewerage infrastructure owned by the port lessor in relation to the Port of Brisbane; and sewerage infrastructure mentioned in paragraph (a) is taken to be part of the relevant distributor-retailer’s infrastructure.\n(sec.289V-ssec.2) The port lessor or, if there is a port operator other than the port lessor, the port operator must give the relevant distributor-retailer information about the sewerage infrastructure mentioned in subsection (1) (a) reasonably requested by the relevant distributor-retailer in relation to the grant or administration of trade waste approvals.\n(sec.289V-ssec.3) In this section— relevant distributor-retailer means the Brisbane City Council or another entity that owns the infrastructure connected to the sewerage infrastructure mentioned in subsection (1) (a) .\n- (a) the relevant distributor-retailer is taken to be a sewerage service provider in respect of sewerage infrastructure owned by the port lessor in relation to the Port of Brisbane; and\n- (b) sewerage infrastructure mentioned in paragraph (a) is taken to be part of the relevant distributor-retailer’s infrastructure.","sortOrder":618},{"sectionNumber":"sec.289W","sectionType":"section","heading":"No effect on ownership","content":"### sec.289W No effect on ownership\n\nThis part does not affect the ownership of any infrastructure for supplying water or sewerage services.\ns 289W ins 2010 No. 19 s 122","sortOrder":619},{"sectionNumber":"sec.289X","sectionType":"section","heading":"Port land trade waste approvals","content":"### sec.289X Port land trade waste approvals\n\nThis section applies to instruments issued before the commencement of this section—\npurportedly as trade waste approvals for the purposes of the Water Supply Act , chapter 2 , part 6 ; and\nby the Brisbane City Council to an occupant of land at the Port of Brisbane.\nThe instruments are taken to be trade waste approvals issued on the commencement of this section for the purposes of the Water Supply Act .\ns 289X ins 2010 No. 19 s 122\n(sec.289X-ssec.1) This section applies to instruments issued before the commencement of this section— purportedly as trade waste approvals for the purposes of the Water Supply Act , chapter 2 , part 6 ; and by the Brisbane City Council to an occupant of land at the Port of Brisbane.\n(sec.289X-ssec.2) The instruments are taken to be trade waste approvals issued on the commencement of this section for the purposes of the Water Supply Act .\n- (a) purportedly as trade waste approvals for the purposes of the Water Supply Act , chapter 2 , part 6 ; and\n- (b) by the Brisbane City Council to an occupant of land at the Port of Brisbane.","sortOrder":620},{"sectionNumber":"ch.8-pt.4E","sectionType":"part","heading":"Port of Brisbane—other matters","content":"# Port of Brisbane—other matters","sortOrder":621},{"sectionNumber":"sec.289Y","sectionType":"section","heading":"Declaration of port lessor and port lessees","content":"### sec.289Y Declaration of port lessor and port lessees\n\nThe Treasurer may, by gazette notice—\ndeclare an entity to be the port lessor for the Port of Brisbane; or\nif an entity holds any Brisbane core port land under a lease, sublease or licence from the port lessor—declare the entity to be a port lessee for the Port of Brisbane.\nFor subsection (1) (b) , it does not matter whether the entity enters into the lease, sublease or licence with the port lessor or is an assignee of that instrument.\ns 289Y ins 2010 No. 19 s 122\n(sec.289Y-ssec.1) The Treasurer may, by gazette notice— declare an entity to be the port lessor for the Port of Brisbane; or if an entity holds any Brisbane core port land under a lease, sublease or licence from the port lessor—declare the entity to be a port lessee for the Port of Brisbane.\n(sec.289Y-ssec.2) For subsection (1) (b) , it does not matter whether the entity enters into the lease, sublease or licence with the port lessor or is an assignee of that instrument.\n- (a) declare an entity to be the port lessor for the Port of Brisbane; or\n- (b) if an entity holds any Brisbane core port land under a lease, sublease or licence from the port lessor—declare the entity to be a port lessee for the Port of Brisbane.","sortOrder":622},{"sectionNumber":"sec.289Z","sectionType":"section","heading":"Delegation by port lessor to port lessee or port manager","content":"### sec.289Z Delegation by port lessor to port lessee or port manager\n\nThe port lessor may delegate a function under this chapter, other than under part 3A , to a port lessee or port manager.\nSee the Acts Interpretation Act 1954 , section 27A .\nIt is a condition of a lease of Brisbane core port land that the port lessee must comply with, or ensure a port manager complies with, the lawful directions of the port lessor in relation to the performance of delegated functions.\nA regulation or the conditions of a delegation may require the port lessee or port manager to establish a system for monitoring, and receiving and dealing with complaints about, the performance of delegated functions.\nIn this section—\ndelegated function means a function of the port lessor delegated to a port lessee or port manager.\nfunction includes power.\ns 289Z ins 2010 No. 19 s 122\n(sec.289Z-ssec.1) The port lessor may delegate a function under this chapter, other than under part 3A , to a port lessee or port manager. See the Acts Interpretation Act 1954 , section 27A .\n(sec.289Z-ssec.2) It is a condition of a lease of Brisbane core port land that the port lessee must comply with, or ensure a port manager complies with, the lawful directions of the port lessor in relation to the performance of delegated functions.\n(sec.289Z-ssec.3) A regulation or the conditions of a delegation may require the port lessee or port manager to establish a system for monitoring, and receiving and dealing with complaints about, the performance of delegated functions.\n(sec.289Z-ssec.4) In this section— delegated function means a function of the port lessor delegated to a port lessee or port manager. function includes power.","sortOrder":623},{"sectionNumber":"sec.289ZA","sectionType":"section","heading":"Appointment of port manager","content":"### sec.289ZA Appointment of port manager\n\nThe port lessor may appoint an entity as a port manager for the Port of Brisbane.\nA port lessee may, with the written approval of the port lessor, appoint an entity as a port manager for the Port of Brisbane.\ns 289ZA ins 2010 No. 19 s 122\n(sec.289ZA-ssec.1) The port lessor may appoint an entity as a port manager for the Port of Brisbane.\n(sec.289ZA-ssec.2) A port lessee may, with the written approval of the port lessor, appoint an entity as a port manager for the Port of Brisbane.","sortOrder":624},{"sectionNumber":"sec.289ZB","sectionType":"section","heading":"Liability for acts of authorised officers and others, and related matters","content":"### sec.289ZB Liability for acts of authorised officers and others, and related matters\n\nIf a person is appointed as an authorised officer by a delegate of the port lessor—\nthe person is not an officer, employee or agent of the port lessor only because of that appointment; and\nthe port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.\nIf subsection (1) prevents a civil liability attaching to the port lessor, the liability attaches instead to the delegate.\nAn authorised officer is not civilly liable for an act done, or omission made, by the officer for a port operator honestly and without negligence.\nIf subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the delegate that appointed the officer.\nAn employee of the port lessor or person acting for the port lessor, is not civilly liable for an act done, or omission made, by the employee or person for the port lessor honestly and without negligence.\nIf subsection (5) prevents a civil liability attaching to an employee or person, the liability attaches instead to the port lessor.\ns 289ZB ins 2010 No. 19 s 122\n(sec.289ZB-ssec.1) If a person is appointed as an authorised officer by a delegate of the port lessor— the person is not an officer, employee or agent of the port lessor only because of that appointment; and the port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.\n(sec.289ZB-ssec.2) If subsection (1) prevents a civil liability attaching to the port lessor, the liability attaches instead to the delegate.\n(sec.289ZB-ssec.3) An authorised officer is not civilly liable for an act done, or omission made, by the officer for a port operator honestly and without negligence.\n(sec.289ZB-ssec.4) If subsection (3) prevents a civil liability attaching to an authorised officer, the liability attaches instead to the delegate that appointed the officer.\n(sec.289ZB-ssec.5) An employee of the port lessor or person acting for the port lessor, is not civilly liable for an act done, or omission made, by the employee or person for the port lessor honestly and without negligence.\n(sec.289ZB-ssec.6) If subsection (5) prevents a civil liability attaching to an employee or person, the liability attaches instead to the port lessor.\n- (a) the person is not an officer, employee or agent of the port lessor only because of that appointment; and\n- (b) the port lessor is not civilly liable for an act done, or omission made, by the person as an authorised officer.","sortOrder":625},{"sectionNumber":"sec.289ZC","sectionType":"section","heading":"Application of particular local laws to Brisbane core port land","content":"### sec.289ZC Application of particular local laws to Brisbane core port land\n\nThe following local laws of the Brisbane City Council do not apply to Brisbane core port land—\nlocal laws 6 (Streets, bridges, culverts etc.), 11 (Sundry matters relating to structures), 13 (Foreshore and retaining walls) and 14 (Parking and control of traffic);\nHeavy and Long Vehicle Parking Local Law 1999.\nAlso, a regulation may provide that a stated local law does not apply, or does not apply to a stated extent, or applies with stated changes, to Brisbane core port land.\nThe regulation may fix, as the time of effect, the day fixed for another matter under a gazette notice made under another provision of this Act.\nThe regulation may fix, as the time of effect, the day on which notice is published of the first land use plan for Brisbane core port land.\nIn this section—\ntime of effect means the day on which a stated local law stops applying, or stops applying to a stated extent, or starts applying with stated changes, to Brisbane core port land.\ns 289ZC ins 2010 No. 19 s 122\n(sec.289ZC-ssec.1) The following local laws of the Brisbane City Council do not apply to Brisbane core port land— local laws 6 (Streets, bridges, culverts etc.), 11 (Sundry matters relating to structures), 13 (Foreshore and retaining walls) and 14 (Parking and control of traffic); Heavy and Long Vehicle Parking Local Law 1999.\n(sec.289ZC-ssec.2) Also, a regulation may provide that a stated local law does not apply, or does not apply to a stated extent, or applies with stated changes, to Brisbane core port land.\n(sec.289ZC-ssec.3) The regulation may fix, as the time of effect, the day fixed for another matter under a gazette notice made under another provision of this Act. The regulation may fix, as the time of effect, the day on which notice is published of the first land use plan for Brisbane core port land.\n(sec.289ZC-ssec.4) In this section— time of effect means the day on which a stated local law stops applying, or stops applying to a stated extent, or starts applying with stated changes, to Brisbane core port land.\n- (a) local laws 6 (Streets, bridges, culverts etc.), 11 (Sundry matters relating to structures), 13 (Foreshore and retaining walls) and 14 (Parking and control of traffic);\n- (b) Heavy and Long Vehicle Parking Local Law 1999.","sortOrder":626},{"sectionNumber":"sec.289ZD","sectionType":"section","heading":"Delayed application of new local laws to Brisbane core port land","content":"### sec.289ZD Delayed application of new local laws to Brisbane core port land\n\nThis section applies to a local law made after the completion day.\nSubject to subsection (3) , the local law does not apply to Brisbane core port land until the later of the following days—\nthe day that is 3 months after the day the local law is made;\nthe day the local law commences.\nSubsection (2) stops applying to the local law on the commencement of a regulation under section 289ZC about the application or non-application of the local law to the Brisbane core port land.\ns 289ZD ins 2010 No. 19 s 122\n(sec.289ZD-ssec.1) This section applies to a local law made after the completion day.\n(sec.289ZD-ssec.2) Subject to subsection (3) , the local law does not apply to Brisbane core port land until the later of the following days— the day that is 3 months after the day the local law is made; the day the local law commences.\n(sec.289ZD-ssec.3) Subsection (2) stops applying to the local law on the commencement of a regulation under section 289ZC about the application or non-application of the local law to the Brisbane core port land.\n- (a) the day that is 3 months after the day the local law is made;\n- (b) the day the local law commences.","sortOrder":627},{"sectionNumber":"sec.289ZE","sectionType":"section","heading":"Port lessor may substitute for port lessee","content":"### sec.289ZE Port lessor may substitute for port lessee\n\nThis section applies if, at any time after the commencement of this section—\nan entity ceases to be a port lessee; and\nanother entity has not become a port lessee.\nIf this chapter requires or permits something to be done by a port lessee, the thing may be done by the port lessor.\ns 289ZE ins 2010 No. 19 s 122\n(sec.289ZE-ssec.1) This section applies if, at any time after the commencement of this section— an entity ceases to be a port lessee; and another entity has not become a port lessee.\n(sec.289ZE-ssec.2) If this chapter requires or permits something to be done by a port lessee, the thing may be done by the port lessor.\n- (a) an entity ceases to be a port lessee; and\n- (b) another entity has not become a port lessee.","sortOrder":628},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":629},{"sectionNumber":"sec.290","sectionType":"section","heading":"Protection from liability","content":"### sec.290 Protection from liability\n\nIn this section—\nofficial means a director of the board of a port authority, an employee of a port authority or a person acting for a port authority.\nA regulation may provide that an official is not civilly liable for an act or omission done honestly and without negligence for a port authority.\nIf subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the port authority.\ns 290 ins 1994 No. 32 s 5\namd 2007 No. 10 s 62 sch\n(sec.290-ssec.1) In this section— official means a director of the board of a port authority, an employee of a port authority or a person acting for a port authority.\n(sec.290-ssec.2) A regulation may provide that an official is not civilly liable for an act or omission done honestly and without negligence for a port authority.\n(sec.290-ssec.3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the port authority.","sortOrder":630},{"sectionNumber":"sec.291","sectionType":"section","heading":"Carrying on port activities outside port limits","content":"### sec.291 Carrying on port activities outside port limits\n\nThe Governor in Council may decide that port activities of a substantial nature may be carried on at a place that is not a port managed by a port authority, the State or a local government.\ns 291 ins 1994 No. 32 s 5\namd 2008 No. 46 s 154","sortOrder":631},{"sectionNumber":"sec.292","sectionType":"section","heading":"Offences","content":"### sec.292 Offences\n\nA person must not intentionally or recklessly—\ndamage a port entity’s works or infrastructure; or\ninterfere with or disrupt a port’s operations; or\ndump refuse or goods at a port or into the waters of a port.\nMaximum penalty—200 penalty units.\nA person must not intentionally or recklessly evade the payment of a port authority’s or relevant entity’s charges.\nMaximum penalty—200 penalty units.\nA person must not carry on port activities of a substantial nature at a place unless the place is in a port or a place where a decision under section 291 applies.\nMaximum penalty—200 penalty units.\ns 292 ins 1994 No. 32 s 5\namd 2008 No. 46 s 155 ; 2010 No. 19 s 123\n(sec.292-ssec.1) A person must not intentionally or recklessly— damage a port entity’s works or infrastructure; or interfere with or disrupt a port’s operations; or dump refuse or goods at a port or into the waters of a port. Maximum penalty—200 penalty units.\n(sec.292-ssec.2) A person must not intentionally or recklessly evade the payment of a port authority’s or relevant entity’s charges. Maximum penalty—200 penalty units.\n(sec.292-ssec.3) A person must not carry on port activities of a substantial nature at a place unless the place is in a port or a place where a decision under section 291 applies. Maximum penalty—200 penalty units.\n- (a) damage a port entity’s works or infrastructure; or\n- (b) interfere with or disrupt a port’s operations; or\n- (c) dump refuse or goods at a port or into the waters of a port.","sortOrder":632},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 ins 1994 No. 32 s 5\nom 2005 No. 22 s 15","sortOrder":633},{"sectionNumber":"sec.294","sectionType":"section","heading":"Transitional provisions applying in relation to port authorities that are candidate GOCs","content":"### sec.294 Transitional provisions applying in relation to port authorities that are candidate GOCs\n\nThis section applies in relation to a port authority that is a candidate GOC.\nA regulation may prescribe matters about the administration and operation of the port authority, including, for example, matters about—\nthe port authority’s board, chief executive officer and senior management; and\nthe port authority’s powers; and\nthe port authority’s employees; and\nthe port authority’s superannuation schemes; and\ndealings with the port authority.\nWithout limiting subsection (2) , a regulation under the subsection may make provision to the same or similar effect as the following provisions of the Government Owned Corporations Act 1993 —\nchapter 3 (Government Owned Corporations (GOCs)), part 10 (General reserve powers of shareholding Ministers)\nsections 124 and 125\nsections 146 to 153\nschedule 1 (Interim boards of directors)\nschedule 2 (Executives of candidate GOC associates and associate subsidiaries).\nSubsections (2) and (3) are in addition to, and do not limit, section 290 .\nA regulation under this section may create offences and prescribe penalties for the offences of not more than 100 penalty units.\nA regulation may prescribe transitional provisions about the port authority and an entity to which its assets and liabilities are to be transferred by a regulation under the Government Owned Corporations Act 1993 .\nThe port authority is a statutory body for the purposes of the Statutory Bodies Financial Arrangements Act 1982 .\nThis section ceases to apply to the port authority when its assets and liabilities are transferred to an entity by regulation under the Government Owned Corporations Act 1993 or 18 months after it first applied to the authority.\ns 294 ins 1994 No. 32 s 5\namd 1994 No. 43 s 143 sch 3 ; 2007 No. 10 s 62 sch ; 2010 No. 13 s 84 sch pt 1\n(sec.294-ssec.1) This section applies in relation to a port authority that is a candidate GOC.\n(sec.294-ssec.2) A regulation may prescribe matters about the administration and operation of the port authority, including, for example, matters about— the port authority’s board, chief executive officer and senior management; and the port authority’s powers; and the port authority’s employees; and the port authority’s superannuation schemes; and dealings with the port authority.\n(sec.294-ssec.3) Without limiting subsection (2) , a regulation under the subsection may make provision to the same or similar effect as the following provisions of the Government Owned Corporations Act 1993 — chapter 3 (Government Owned Corporations (GOCs)), part 10 (General reserve powers of shareholding Ministers) sections 124 and 125 sections 146 to 153 schedule 1 (Interim boards of directors) schedule 2 (Executives of candidate GOC associates and associate subsidiaries).\n(sec.294-ssec.4) Subsections (2) and (3) are in addition to, and do not limit, section 290 .\n(sec.294-ssec.5) A regulation under this section may create offences and prescribe penalties for the offences of not more than 100 penalty units.\n(sec.294-ssec.6) A regulation may prescribe transitional provisions about the port authority and an entity to which its assets and liabilities are to be transferred by a regulation under the Government Owned Corporations Act 1993 .\n(sec.294-ssec.7) The port authority is a statutory body for the purposes of the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.294-ssec.8) This section ceases to apply to the port authority when its assets and liabilities are transferred to an entity by regulation under the Government Owned Corporations Act 1993 or 18 months after it first applied to the authority.\n- (a) the port authority’s board, chief executive officer and senior management; and\n- (b) the port authority’s powers; and\n- (c) the port authority’s employees; and\n- (d) the port authority’s superannuation schemes; and\n- (e) dealings with the port authority.\n- • chapter 3 (Government Owned Corporations (GOCs)), part 10 (General reserve powers of shareholding Ministers)\n- • sections 124 and 125\n- • sections 146 to 153\n- • schedule 1 (Interim boards of directors)\n- • schedule 2 (Executives of candidate GOC associates and associate subsidiaries).","sortOrder":634},{"sectionNumber":"sec.295","sectionType":"section","heading":"Notices at entrances","content":"### sec.295 Notices at entrances\n\nIf—\na port authority erects or displays a notice at each entrance commonly used by persons to gain access to its port; and\nthe notice contains information about the port; and\nin a case where use of its port or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\nin a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\na person gains access to the port by using another entrance;\nthe person is taken to be aware of the information.\nIf—\na port authority erects or displays a notice at each entrance commonly used by persons to gain access to its strategic port land; and\nthe notice contains information about the strategic port land; and\nin a case where use of its strategic port land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\nin a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\na person gains access to the strategic port land by using another entrance;\nthe person is taken to be aware of the information.\ns 295 ins 1994 No. 32 s 5\n(sec.295-ssec.1) If— a port authority erects or displays a notice at each entrance commonly used by persons to gain access to its port; and the notice contains information about the port; and in a case where use of its port or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and a person gains access to the port by using another entrance; the person is taken to be aware of the information.\n(sec.295-ssec.2) If— a port authority erects or displays a notice at each entrance commonly used by persons to gain access to its strategic port land; and the notice contains information about the strategic port land; and in a case where use of its strategic port land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and a person gains access to the strategic port land by using another entrance; the person is taken to be aware of the information.\n- (a) a port authority erects or displays a notice at each entrance commonly used by persons to gain access to its port; and\n- (b) the notice contains information about the port; and\n- (c) in a case where use of its port or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\n- (d) in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\n- (e) a person gains access to the port by using another entrance;\n- (a) a port authority erects or displays a notice at each entrance commonly used by persons to gain access to its strategic port land; and\n- (b) the notice contains information about the strategic port land; and\n- (c) in a case where use of its strategic port land or facilities gives rise to a liability for charges—the notice states this and indicates generally the nature of the charges; and\n- (d) in a case where a contravention of a requirement of the notice is an offence—the notice states this and indicates generally the penalties that apply; and\n- (e) a person gains access to the strategic port land by using another entrance;","sortOrder":635},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":636},{"sectionNumber":"sec.296","sectionType":"section","heading":"Ways of achieving busway objectives","content":"### sec.296 Ways of achieving busway objectives\n\nThe objectives of this Act for busways are intended to be achieved by—\ndeveloping and putting into effect busway transport infrastructure strategies; and\nestablishing a legal framework to allow the construction, maintenance, management and operation of busway transport infrastructure in an effective and efficient way.\ns 296 ins 2000 No. 40 s 13\n- (a) developing and putting into effect busway transport infrastructure strategies; and\n- (b) establishing a legal framework to allow the construction, maintenance, management and operation of busway transport infrastructure in an effective and efficient way.","sortOrder":637},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Chief executive’s functions and powers","content":"# Chief executive’s functions and powers","sortOrder":638},{"sectionNumber":"sec.297","sectionType":"section","heading":"Functions","content":"### sec.297 Functions\n\nThe chief executive has the following functions in relation to busways, including proposed busways, and busway transport infrastructure, including proposed busway transport infrastructure—\ninvestigating, planning, establishing, constructing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, construct, maintain, manage or operate;\nproviding or arranging for associated services or works necessary or convenient for effective and efficient establishment, construction, maintenance, management and operation;\nefficiently integrating with any transport infrastructure, including light rail transport infrastructure;\nproviding for appropriate levels of safety in construction, management and operation;\ninvestigating, planning or carrying out accommodation works that are necessary or convenient to be done as a result of busway transport infrastructure or busway transport infrastructure works;\ndoing other things that directly or indirectly—\nare likely to enhance the provision of busway transport infrastructure and passenger services on busways; or\nare incidental or complementary to the performance of another function.\ns 297 ins 2000 No. 40 s 13\namd 2014 No. 43 s 34\n- (a) investigating, planning, establishing, constructing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, construct, maintain, manage or operate;\n- (b) providing or arranging for associated services or works necessary or convenient for effective and efficient establishment, construction, maintenance, management and operation;\n- (c) efficiently integrating with any transport infrastructure, including light rail transport infrastructure;\n- (d) providing for appropriate levels of safety in construction, management and operation;\n- (e) investigating, planning or carrying out accommodation works that are necessary or convenient to be done as a result of busway transport infrastructure or busway transport infrastructure works;\n- (f) doing other things that directly or indirectly— (i) are likely to enhance the provision of busway transport infrastructure and passenger services on busways; or (ii) are incidental or complementary to the performance of another function.\n- (i) are likely to enhance the provision of busway transport infrastructure and passenger services on busways; or\n- (ii) are incidental or complementary to the performance of another function.\n- (i) are likely to enhance the provision of busway transport infrastructure and passenger services on busways; or\n- (ii) are incidental or complementary to the performance of another function.","sortOrder":639},{"sectionNumber":"sec.298","sectionType":"section","heading":"Authority to enter or temporarily occupy or use land","content":"### sec.298 Authority to enter or temporarily occupy or use land\n\nFor the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may—\ndo 1 or more of the following in relation to land—\nenter the land, whether or not for temporarily occupying or using the land;\ntemporarily occupy the land;\ntemporarily use the land; and\ndo anything on the land necessary or convenient for the function, including, for example, for busway transport infrastructure works.\nHowever, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator’s authority under chapter 11 .\ns 298 ins 2000 No. 40 s 13\n(sec.298-ssec.1) For the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may— do 1 or more of the following in relation to land— enter the land, whether or not for temporarily occupying or using the land; temporarily occupy the land; temporarily use the land; and do anything on the land necessary or convenient for the function, including, for example, for busway transport infrastructure works.\n(sec.298-ssec.2) However, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator’s authority under chapter 11 .\n- (a) do 1 or more of the following in relation to land— (i) enter the land, whether or not for temporarily occupying or using the land; (ii) temporarily occupy the land; (iii) temporarily use the land; and\n- (i) enter the land, whether or not for temporarily occupying or using the land;\n- (ii) temporarily occupy the land;\n- (iii) temporarily use the land; and\n- (b) do anything on the land necessary or convenient for the function, including, for example, for busway transport infrastructure works.\n- (i) enter the land, whether or not for temporarily occupying or using the land;\n- (ii) temporarily occupy the land;\n- (iii) temporarily use the land; and","sortOrder":640},{"sectionNumber":"sec.299","sectionType":"section","heading":"When land may be entered, occupied or used","content":"### sec.299 When land may be entered, occupied or used\n\nThis section applies if a person proposes to enter, occupy or use land under this part.\nThe person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of busway transport infrastructure.\nHowever, the person must, if practicable, notify the occupier orally or in writing before entering the land.\nIf the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person—\nobtains the written permission of—\neach person who is an owner of the land; and\neach person who is an occupier of the land; or\ngives at least 7 days written notice to the occupier before the entry, occupation or use.\nThe notice under subsection (4) (b) must state—\nall works proposed to be performed; and\nall uses proposed to be made of the land; and\ndetails of anything else proposed to be done on the land; and\nthe approximate period when occupation or use is expected to continue; and\nan owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and\nif accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.\nA notice may be given under this section even though it is proposed to resume the land for busway transport infrastructure.\nIf accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\nPower to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.\ns 299 ins 2000 No. 40 s 13\namd 2014 No. 43 s 35\n(sec.299-ssec.1) This section applies if a person proposes to enter, occupy or use land under this part.\n(sec.299-ssec.2) The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of busway transport infrastructure.\n(sec.299-ssec.3) However, the person must, if practicable, notify the occupier orally or in writing before entering the land.\n(sec.299-ssec.4) If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person— obtains the written permission of— each person who is an owner of the land; and each person who is an occupier of the land; or gives at least 7 days written notice to the occupier before the entry, occupation or use.\n(sec.299-ssec.5) The notice under subsection (4) (b) must state— all works proposed to be performed; and all uses proposed to be made of the land; and details of anything else proposed to be done on the land; and the approximate period when occupation or use is expected to continue; and an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and if accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.\n(sec.299-ssec.6) A notice may be given under this section even though it is proposed to resume the land for busway transport infrastructure.\n(sec.299-ssec.7) If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\n(sec.299-ssec.8) Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.\n- (a) obtains the written permission of— (i) each person who is an owner of the land; and (ii) each person who is an occupier of the land; or\n- (i) each person who is an owner of the land; and\n- (ii) each person who is an occupier of the land; or\n- (b) gives at least 7 days written notice to the occupier before the entry, occupation or use.\n- (i) each person who is an owner of the land; and\n- (ii) each person who is an occupier of the land; or\n- (a) all works proposed to be performed; and\n- (b) all uses proposed to be made of the land; and\n- (c) details of anything else proposed to be done on the land; and\n- (d) the approximate period when occupation or use is expected to continue; and\n- (e) an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and\n- (f) if accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.","sortOrder":641},{"sectionNumber":"sec.300","sectionType":"section","heading":"Compensation","content":"### sec.300 Compensation\n\nThis section applies if land is entered, occupied or used under this part.\nAn owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials.\nHowever, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive—\nafter the loss or damage happens, but within 1 year after the entry, occupation or use ends; or\nat a later time allowed by the chief executive.\nIn the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\nThe Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nCompensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired.\ns 300 ins 2000 No. 40 s 13\n(sec.300-ssec.1) This section applies if land is entered, occupied or used under this part.\n(sec.300-ssec.2) An owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials.\n(sec.300-ssec.3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— after the loss or damage happens, but within 1 year after the entry, occupation or use ends; or at a later time allowed by the chief executive.\n(sec.300-ssec.4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\n(sec.300-ssec.5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.300-ssec.6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired.\n- (a) after the loss or damage happens, but within 1 year after the entry, occupation or use ends; or\n- (b) at a later time allowed by the chief executive.","sortOrder":642},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Establishment of busways","content":"# Establishment of busways","sortOrder":643},{"sectionNumber":"sec.301","sectionType":"section","heading":"Definition for pt 3","content":"### sec.301 Definition for pt 3\n\nIn this part—\nroad means—\na road under the Land Act 1994 ; and\na State-controlled road.\ns 301 def road sub 2014 No. 43 s 36\ns 301 ins 2000 No. 40 s 13\n- (a) a road under the Land Act 1994 ; and\n- (b) a State-controlled road.","sortOrder":644},{"sectionNumber":"sec.302","sectionType":"section","heading":"Declaration of land as busway land","content":"### sec.302 Declaration of land as busway land\n\nThe Minister may, by gazette notice, declare land to be busway land.\nThe Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be busway land continues in relation to the lease of the land to the State under section 303 (4) .\nLand declared to be busway land—\nmust be—\nidentified specifically in the gazette notice; or\nidentified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\nmust consist only of land for a busway and busway transport infrastructure.\nThe identification of land declared to be busway land may, but need not, be by reference to strata occupied by the land.\nLand may be declared to be busway land only if it is—\nland acquired by the State or the chief executive for busway purposes or for a purpose, or combination of purposes, that includes busway purposes; or\na road; or\nland acquired by the State or the chief executive, other than land mentioned in paragraph (a) or (b) , on which busway transport infrastructure is located.\nIn this section—\nbusway purposes includes busway transport infrastructure.\ns 302 ins 2000 No. 40 s 13\namd 2005 No. 49 s 12 ; 2008 No. 31 s 20 ; 2020 No. 21 s 37\n(sec.302-ssec.1) The Minister may, by gazette notice, declare land to be busway land.\n(sec.302-ssec.1A) The Minister may, in a declaration under subsection (1) , declare that a stated interest in land declared to be busway land continues in relation to the lease of the land to the State under section 303 (4) .\n(sec.302-ssec.2) Land declared to be busway land— must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and must consist only of land for a busway and busway transport infrastructure.\n(sec.302-ssec.3) The identification of land declared to be busway land may, but need not, be by reference to strata occupied by the land.\n(sec.302-ssec.4) Land may be declared to be busway land only if it is— land acquired by the State or the chief executive for busway purposes or for a purpose, or combination of purposes, that includes busway purposes; or a road; or land acquired by the State or the chief executive, other than land mentioned in paragraph (a) or (b) , on which busway transport infrastructure is located.\n(sec.302-ssec.5) In this section— busway purposes includes busway transport infrastructure.\n- (a) must be— (i) identified specifically in the gazette notice; or (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (i) identified specifically in the gazette notice; or\n- (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (b) must consist only of land for a busway and busway transport infrastructure.\n- (i) identified specifically in the gazette notice; or\n- (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (a) land acquired by the State or the chief executive for busway purposes or for a purpose, or combination of purposes, that includes busway purposes; or\n- (b) a road; or\n- (c) land acquired by the State or the chief executive, other than land mentioned in paragraph (a) or (b) , on which busway transport infrastructure is located.","sortOrder":645},{"sectionNumber":"sec.303","sectionType":"section","heading":"Effect on land of busway declaration","content":"### sec.303 Effect on land of busway declaration\n\nIf a road or a part of a road is declared under this part to be busway land, the road or part—\nstops being a road; and\nbecomes unallocated State land.\nIf a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be busway land, the lot or part becomes unallocated State land.\nIf land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under this part to be busway land, the land becomes unallocated State land.\nSubsection (2C) applies to the following that is declared under section 302 (1) to be busway land—\nunallocated State land;\nroad or land that becomes unallocated State land under subsection (1) , (2) or (2A) .\nThe unallocated State land is free of any interest or obligation other than the interests in the land, if any, continued under section 302 (1A) .\nThe chief executive must give to the holder of an interest in the unallocated State land not continued under section 302 (1A) a written notice stating—\nthat the holder’s interest is extinguished; and\nthe date the interest is extinguished; and\nthat the holder has the right to compensation under section 303AAA .\nBusway land can not be declared under section 24 to be a State-controlled road.\nWhen land is declared to be busway land under section 302 (1) —\nthe Minister of the department administering the Land Act 1994 —\nis taken to have leased, under section 17 (3) of that Act, the busway land to the State; and\nmust lodge a document evidencing the lease in the leasehold land register; or\nif the busway land is to be included in an existing lease under paragraph (a) —\nthe chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and\nthe registrar of titles must amend the description in the existing lease to include the busway land.\nA lease under subsection (4) (a) is—\nin perpetuity; and\nif demanded, for a rent of $1 a year; and\nsubject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease.\nThe Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of busway land.\nIf a registered interest is continued under section 302 (1A) in relation to the lease of busway land under subsection (4) (a) , the registrar of titles must record the interest in the leasehold land register against the lease.\nIn this section—\nregistered interest means—\nan interest recorded in a register kept under the Land Act 1994 , section 276 ; or\na registered interest under the Land Title Act 1994 .\ns 303 ins 2000 No. 40 s 13\namd 2005 No. 49 s 13 ; 2005 No. 67 s 35 ; 2020 No. 21 s 38\n(sec.303-ssec.1) If a road or a part of a road is declared under this part to be busway land, the road or part— stops being a road; and becomes unallocated State land.\n(sec.303-ssec.2) If a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be busway land, the lot or part becomes unallocated State land.\n(sec.303-ssec.2A) If land, other than land mentioned in subsection (1) or (2) or unallocated State land, is declared under this part to be busway land, the land becomes unallocated State land.\n(sec.303-ssec.2B) Subsection (2C) applies to the following that is declared under section 302 (1) to be busway land— unallocated State land; road or land that becomes unallocated State land under subsection (1) , (2) or (2A) .\n(sec.303-ssec.2C) The unallocated State land is free of any interest or obligation other than the interests in the land, if any, continued under section 302 (1A) .\n(sec.303-ssec.2D) The chief executive must give to the holder of an interest in the unallocated State land not continued under section 302 (1A) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 303AAA .\n(sec.303-ssec.3) Busway land can not be declared under section 24 to be a State-controlled road.\n(sec.303-ssec.4) When land is declared to be busway land under section 302 (1) — the Minister of the department administering the Land Act 1994 — is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and must lodge a document evidencing the lease in the leasehold land register; or if the busway land is to be included in an existing lease under paragraph (a) — the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and the registrar of titles must amend the description in the existing lease to include the busway land.\n(sec.303-ssec.5) A lease under subsection (4) (a) is— in perpetuity; and if demanded, for a rent of $1 a year; and subject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease.\n(sec.303-ssec.6) The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of busway land.\n(sec.303-ssec.7) If a registered interest is continued under section 302 (1A) in relation to the lease of busway land under subsection (4) (a) , the registrar of titles must record the interest in the leasehold land register against the lease.\n(sec.303-ssec.8) In this section— registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 .\n- (a) stops being a road; and\n- (b) becomes unallocated State land.\n- (a) unallocated State land;\n- (b) road or land that becomes unallocated State land under subsection (1) , (2) or (2A) .\n- (a) that the holder’s interest is extinguished; and\n- (b) the date the interest is extinguished; and\n- (c) that the holder has the right to compensation under section 303AAA .\n- (a) the Minister of the department administering the Land Act 1994 — (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and (ii) must lodge a document evidencing the lease in the leasehold land register; or\n- (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and\n- (ii) must lodge a document evidencing the lease in the leasehold land register; or\n- (b) if the busway land is to be included in an existing lease under paragraph (a) — (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and (ii) the registrar of titles must amend the description in the existing lease to include the busway land.\n- (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and\n- (ii) the registrar of titles must amend the description in the existing lease to include the busway land.\n- (i) is taken to have leased, under section 17 (3) of that Act, the busway land to the State; and\n- (ii) must lodge a document evidencing the lease in the leasehold land register; or\n- (i) the chief executive must require the registrar of titles to include the busway land in the existing lease by written notice made under this section, instead of under the Land Act 1994 , section 360A (3) ; and\n- (ii) the registrar of titles must amend the description in the existing lease to include the busway land.\n- (a) in perpetuity; and\n- (b) if demanded, for a rent of $1 a year; and\n- (c) subject to the interests in the busway land, if any, continued under section 302 (1A) in relation to the lease.\n- (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or\n- (b) a registered interest under the Land Title Act 1994 .","sortOrder":646},{"sectionNumber":"sec.303AAA","sectionType":"section","heading":"Compensation for registered interests not continued","content":"### sec.303AAA Compensation for registered interests not continued\n\nA person who is given a written notice under section 303 (2D) has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\nFor applying the Acquisition of Land Act 1967 under subsection (1) —\nthe State is the constructing authority; and\nfor section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of—\nthe claim given by the claimant to the State; and\nthe gazette notice for the declaration; and\nthe reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\nOther than as stated in this section, a person has no right to compensation for the declaration of land as busway land under section 302 (1) .\nIn this section—\nregistered interest see section 303 (8) .\ns 303AAA ins 2020 No. 21 s 39\n(sec.303AAA-ssec.1) A person who is given a written notice under section 303 (2D) has a right to claim compensation under the Acquisition of Land Act 1967 , section 12 (5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.\n(sec.303AAA-ssec.2) For applying the Acquisition of Land Act 1967 under subsection (1) — the State is the constructing authority; and for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of— the claim given by the claimant to the State; and the gazette notice for the declaration; and the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\n(sec.303AAA-ssec.3) Other than as stated in this section, a person has no right to compensation for the declaration of land as busway land under section 302 (1) .\n(sec.303AAA-ssec.4) In this section— registered interest see section 303 (8) .\n- (a) the State is the constructing authority; and\n- (b) for section 24 (2A) of that Act, a claimant refers a claim for compensation to the Land Court by filing in the office of the registrar of the court a copy of— (i) the claim given by the claimant to the State; and (ii) the gazette notice for the declaration; and\n- (i) the claim given by the claimant to the State; and\n- (ii) the gazette notice for the declaration; and\n- (c) the reference in section 24 (5) of that Act to the date of the gazette containing the gazette resumption notice taking the land is taken to be a reference to the date of the gazette containing the gazette notice for the declaration.\n- (i) the claim given by the claimant to the State; and\n- (ii) the gazette notice for the declaration; and","sortOrder":647},{"sectionNumber":"sec.303AA","sectionType":"section","heading":"Sublease of lease of busway land","content":"### sec.303AA Sublease of lease of busway land\n\nThe State may sublease its lease of busway land to another person for a busway established or proposed to be established on the busway land on terms negotiated and agreed between the parties.\nFor the Land Act 1994 , section 332 (1) (b) , the other person is eligible to hold a sublease of the lease.\nThe first sublease under subsection (1) (the original sublease ) may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew.\nThe terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties.\nThe Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of the original sublease or any subsequent sublease.\nIf a sublessee attaches busway transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time.\nDespite any agreement under subsection (6) , the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive—\nif there is no subsequent sublease—at the end of the original sublease; or\nif there is only 1 subsequent sublease—at the end of the subsequent sublease; or\nif there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.\nNeither the original sublease nor any subsequent sublease stops being a sublease only because persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.\nThis section does not stop the granting of a lease or sublease to another person for a busway, other than under this section, of land that is not busway land but on which there is, or is proposed to be, busway transport infrastructure.\nIn this section—\nbusway land means busway land that is leased to the State under the Land Act 1994 , section 17 .\ns 303AA ins 2008 No. 67 s 262\n(sec.303AA-ssec.1) The State may sublease its lease of busway land to another person for a busway established or proposed to be established on the busway land on terms negotiated and agreed between the parties.\n(sec.303AA-ssec.2) For the Land Act 1994 , section 332 (1) (b) , the other person is eligible to hold a sublease of the lease.\n(sec.303AA-ssec.3) The first sublease under subsection (1) (the original sublease ) may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew.\n(sec.303AA-ssec.4) The terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties.\n(sec.303AA-ssec.5) The Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of the original sublease or any subsequent sublease.\n(sec.303AA-ssec.6) If a sublessee attaches busway transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time.\n(sec.303AA-ssec.7) Despite any agreement under subsection (6) , the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive— if there is no subsequent sublease—at the end of the original sublease; or if there is only 1 subsequent sublease—at the end of the subsequent sublease; or if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.\n(sec.303AA-ssec.8) Neither the original sublease nor any subsequent sublease stops being a sublease only because persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.\n(sec.303AA-ssec.9) This section does not stop the granting of a lease or sublease to another person for a busway, other than under this section, of land that is not busway land but on which there is, or is proposed to be, busway transport infrastructure.\n(sec.303AA-ssec.10) In this section— busway land means busway land that is leased to the State under the Land Act 1994 , section 17 .\n- (a) if there is no subsequent sublease—at the end of the original sublease; or\n- (b) if there is only 1 subsequent sublease—at the end of the subsequent sublease; or\n- (c) if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.","sortOrder":648},{"sectionNumber":"sec.303AB","sectionType":"section","heading":"Licence in relation to busway land or busway transport infrastructure","content":"### sec.303AB Licence in relation to busway land or busway transport infrastructure\n\nThe chief executive may, for the State, grant to a person a licence in relation to busway land or busway transport infrastructure for any of the following purposes—\nconstruction, maintenance or operation of any thing on the land;\nthe use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose;\nthe erection, alteration or operation of an advertising sign or other advertising device\na retail outlet\nmaintenance, management or operation of the land or infrastructure.\nA licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence.\nIf the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register.\nIf a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.\nNo fee is payable for recording a licence under subsection (3) .\nA licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive.\nDespite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit to occupy—\nbusway land to which a licence under subsection (1) relates; or\nland on which busway transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\nSubsection (7) applies if there is any inconsistency between—\na local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 305 or 307 of this Act; and\na provision of a licence under subsection (1) .\nTo the extent of the inconsistency the provision of the licence prevails.\nTo remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section.\nIn this section—\nbusway land includes private agreement land or State land—\non which busway transport infrastructure is, or is proposed to be, situated; or\nrequired for the construction of busway transport infrastructure works.\nprivate agreement land means land—\nheld by a person other than the State; and\nthat is the subject of an agreement—\nin relation to busway transport infrastructure between the person and the State; and\nproviding for the granting of a licence under this section.\ns 303AB ins 2010 No. 19 s 167\namd 2011 No. 12 s 50 ; 2014 No. 43 s 37\n(sec.303AB-ssec.1) The chief executive may, for the State, grant to a person a licence in relation to busway land or busway transport infrastructure for any of the following purposes— construction, maintenance or operation of any thing on the land; the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; the erection, alteration or operation of an advertising sign or other advertising device a retail outlet maintenance, management or operation of the land or infrastructure.\n(sec.303AB-ssec.2) A licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence.\n(sec.303AB-ssec.3) If the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register.\n(sec.303AB-ssec.3A) If a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.\n(sec.303AB-ssec.3AA) No fee is payable for recording a licence under subsection (3) .\n(sec.303AB-ssec.4) A licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive.\n(sec.303AB-ssec.5) Despite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit to occupy— busway land to which a licence under subsection (1) relates; or land on which busway transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\n(sec.303AB-ssec.6) Subsection (7) applies if there is any inconsistency between— a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 305 or 307 of this Act; and a provision of a licence under subsection (1) .\n(sec.303AB-ssec.7) To the extent of the inconsistency the provision of the licence prevails.\n(sec.303AB-ssec.8) To remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section.\n(sec.303AB-ssec.9) In this section— busway land includes private agreement land or State land— on which busway transport infrastructure is, or is proposed to be, situated; or required for the construction of busway transport infrastructure works. private agreement land means land— held by a person other than the State; and that is the subject of an agreement— in relation to busway transport infrastructure between the person and the State; and providing for the granting of a licence under this section.\n- (a) construction, maintenance or operation of any thing on the land;\n- (b) the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; Examples— • the erection, alteration or operation of an advertising sign or other advertising device • a retail outlet\n- • the erection, alteration or operation of an advertising sign or other advertising device\n- • a retail outlet\n- (c) maintenance, management or operation of the land or infrastructure.\n- • the erection, alteration or operation of an advertising sign or other advertising device\n- • a retail outlet\n- (a) busway land to which a licence under subsection (1) relates; or\n- (b) land on which busway transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\n- (a) a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 305 or 307 of this Act; and\n- (b) a provision of a licence under subsection (1) .\n- (a) on which busway transport infrastructure is, or is proposed to be, situated; or\n- (b) required for the construction of busway transport infrastructure works.\n- (a) held by a person other than the State; and\n- (b) that is the subject of an agreement— (i) in relation to busway transport infrastructure between the person and the State; and (ii) providing for the granting of a licence under this section.\n- (i) in relation to busway transport infrastructure between the person and the State; and\n- (ii) providing for the granting of a licence under this section.\n- (i) in relation to busway transport infrastructure between the person and the State; and\n- (ii) providing for the granting of a licence under this section.","sortOrder":649},{"sectionNumber":"sec.303AC","sectionType":"section","heading":"Compensation for licence granted under s 303AB","content":"### sec.303AC Compensation for licence granted under s 303AB\n\nThis section applies if the chief executive grants a licence for a purpose under section 303AB (a relevant activity ) in relation to busway land under that section or busway transport infrastructure.\nAn owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials.\nHowever, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive—\nafter the loss or damage happens, but within 1 year after the relevant activity ends; or\nat a later time allowed by the chief executive.\nIn the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\nThe Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nCompensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .\ns 303AC ins 2011 No. 12 s 51\n(sec.303AC-ssec.1) This section applies if the chief executive grants a licence for a purpose under section 303AB (a relevant activity ) in relation to busway land under that section or busway transport infrastructure.\n(sec.303AC-ssec.2) An owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials.\n(sec.303AC-ssec.3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— after the loss or damage happens, but within 1 year after the relevant activity ends; or at a later time allowed by the chief executive.\n(sec.303AC-ssec.4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\n(sec.303AC-ssec.5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.303AC-ssec.6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .\n- (a) after the loss or damage happens, but within 1 year after the relevant activity ends; or\n- (b) at a later time allowed by the chief executive.","sortOrder":650},{"sectionNumber":"sec.303A","sectionType":"section","heading":null,"content":"### Section sec.303A\n\ns 303A ins 2005 No. 49 s 14\nom 2014 No. 43 s 38","sortOrder":651},{"sectionNumber":"sec.303B","sectionType":"section","heading":null,"content":"### Section sec.303B\n\ns 303B ins 2005 No. 49 s 14\nom 2014 No. 43 s 38","sortOrder":652},{"sectionNumber":"sec.303C","sectionType":"section","heading":null,"content":"### Section sec.303C\n\ns 303C ins 2005 No. 49 s 14\namd 2009 No. 17 s 331 sch 1\nom 2014 No. 43 s 38","sortOrder":653},{"sectionNumber":"sec.304","sectionType":"section","heading":"Development of busway and busway transport infrastructure","content":"### sec.304 Development of busway and busway transport infrastructure\n\nThis section applies to the establishment of a busway, including any investigating, planning, maintaining, managing, operating, and arranging for the busway or for busway transport infrastructure for the busway.\nNothing in this chapter is intended to affect the operation of the Planning Act to the extent that the establishment of the busway is development under that Act.\ns 304 ins 2000 No. 40 s 13\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch\n(sec.304-ssec.1) This section applies to the establishment of a busway, including any investigating, planning, maintaining, managing, operating, and arranging for the busway or for busway transport infrastructure for the busway.\n(sec.304-ssec.2) Nothing in this chapter is intended to affect the operation of the Planning Act to the extent that the establishment of the busway is development under that Act.","sortOrder":654},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Management of busway land and busway transport infrastructure","content":"# Management of busway land and busway transport infrastructure","sortOrder":655},{"sectionNumber":"ch.9-pt.4-div.1","sectionType":"division","heading":"Transport infrastructure interaction","content":"## Transport infrastructure interaction","sortOrder":656},{"sectionNumber":"sec.305","sectionType":"section","heading":"Altering road levels by a local government","content":"### sec.305 Altering road levels by a local government\n\nThe chief executive may require a local government having control of a road to alter the level of the road for—\nbusway transport infrastructure works; or\nthe management or operation of a busway.\nHowever, the chief executive—\nmust consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and\nsubject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.\nThe local government must comply with the chief executive’s requirement.\ns 305 ins 2000 No. 40 s 13\n(sec.305-ssec.1) The chief executive may require a local government having control of a road to alter the level of the road for— busway transport infrastructure works; or the management or operation of a busway.\n(sec.305-ssec.2) However, the chief executive— must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.\n(sec.305-ssec.3) The local government must comply with the chief executive’s requirement.\n- (a) busway transport infrastructure works; or\n- (b) the management or operation of a busway.\n- (a) must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and\n- (b) subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.","sortOrder":657},{"sectionNumber":"sec.306","sectionType":"section","heading":"Watercourses and busway transport infrastructure works","content":"### sec.306 Watercourses and busway transport infrastructure works\n\nTo carry out busway transport infrastructure works, the chief executive may—\ndivert a watercourse; or\nconstruct a watercourse, whether temporary or permanent.\nIn taking action under subsection (1) (a) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse.\ns 306 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (2) )\namd 2005 No. 42 s 52 sch 1 ; 2024 No. 2 s 80 sch 1\n(sec.306-ssec.1) To carry out busway transport infrastructure works, the chief executive may— divert a watercourse; or construct a watercourse, whether temporary or permanent.\n(sec.306-ssec.2) In taking action under subsection (1) (a) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse.\n- (a) divert a watercourse; or\n- (b) construct a watercourse, whether temporary or permanent.","sortOrder":658},{"sectionNumber":"sec.307","sectionType":"section","heading":"Permitted construction by local government of roads over or under busway land","content":"### sec.307 Permitted construction by local government of roads over or under busway land\n\nDespite section 303 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on busway land, consisting of—\na bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or\na structure allowing traffic to pass under the level at which buses use the busway land.\nThe permission may be given on reasonable conditions.\nIn deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the busway land for busway passenger services.\nWhile the bridge or other structure is being used for the road—\nneither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and\nthe road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and\nthe road is taken to be a road under any Act about the use of vehicles on a road.\nUnless the chief executive and the local government otherwise agree—\nthe local government is responsible for maintaining the road and the bridge or other structure; and\nif the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land.\ns 307 ins 2000 No. 40 s 13\namd 2009 No. 17 s 331 sch 1\n(sec.307-ssec.1) Despite section 303 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on busway land, consisting of— a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or a structure allowing traffic to pass under the level at which buses use the busway land.\n(sec.307-ssec.2) The permission may be given on reasonable conditions.\n(sec.307-ssec.3) In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the busway land for busway passenger services.\n(sec.307-ssec.4) While the bridge or other structure is being used for the road— neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and the road is taken to be a road under any Act about the use of vehicles on a road.\n(sec.307-ssec.5) Unless the chief executive and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge or other structure; and if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land.\n- (a) a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or\n- (b) a structure allowing traffic to pass under the level at which buses use the busway land.\n- (a) neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and\n- (b) the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and\n- (c) the road is taken to be a road under any Act about the use of vehicles on a road.\n- (a) the local government is responsible for maintaining the road and the bridge or other structure; and\n- (b) if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land.","sortOrder":659},{"sectionNumber":"sec.308","sectionType":"section","heading":"Powers of chief executive for busway transport infrastructure works contracts etc.","content":"### sec.308 Powers of chief executive for busway transport infrastructure works contracts etc.\n\nThe chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of—\nbusway transport infrastructure works on a busway or on land that is intended to become a busway; or\nother works that contribute to the effectiveness and efficiency of the busway network; or\nthe operation of a busway.\nThe chief executive, for the State, may enter into contracts with other persons for busway transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned.\nA contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the busway.\nA local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\nThe chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a busway at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\nThis section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of busway transport infrastructure works of a minor or emergency nature.\nIn carrying out works or the operation of a busway, the chief executive must ensure that the carrying out is done on a value for money basis.\nIn entering into contracts under this section, the chief executive must ensure that open competition is encouraged.\nSubsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.\nThe chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of—\nacquisition of land for busway transport infrastructure; or\nbusway transport infrastructure works on a busway; or\nother works that contribute to the effectiveness and efficiency of the busway network; or\nthe operation of a busway;\nincluding all necessary preliminary costs associated with the acquisition, works or operation.\ns 308 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (3) )\namd 2011 No. 12 s 52\n(sec.308-ssec.1) The chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of— busway transport infrastructure works on a busway or on land that is intended to become a busway; or other works that contribute to the effectiveness and efficiency of the busway network; or the operation of a busway.\n(sec.308-ssec.2) The chief executive, for the State, may enter into contracts with other persons for busway transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned.\n(sec.308-ssec.3) A contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the busway.\n(sec.308-ssec.4) A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\n(sec.308-ssec.5) The chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a busway at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\n(sec.308-ssec.6) This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of busway transport infrastructure works of a minor or emergency nature.\n(sec.308-ssec.7) In carrying out works or the operation of a busway, the chief executive must ensure that the carrying out is done on a value for money basis.\n(sec.308-ssec.8) In entering into contracts under this section, the chief executive must ensure that open competition is encouraged.\n(sec.308-ssec.9) Subsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.\n(sec.308-ssec.10) The chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of— acquisition of land for busway transport infrastructure; or busway transport infrastructure works on a busway; or other works that contribute to the effectiveness and efficiency of the busway network; or the operation of a busway; including all necessary preliminary costs associated with the acquisition, works or operation.\n- (a) busway transport infrastructure works on a busway or on land that is intended to become a busway; or\n- (b) other works that contribute to the effectiveness and efficiency of the busway network; or\n- (c) the operation of a busway.\n- (a) acquisition of land for busway transport infrastructure; or\n- (b) busway transport infrastructure works on a busway; or\n- (c) other works that contribute to the effectiveness and efficiency of the busway network; or\n- (d) the operation of a busway;","sortOrder":660},{"sectionNumber":"sec.309","sectionType":"section","heading":"Distraction of traffic on busway","content":"### sec.309 Distraction of traffic on busway\n\nA local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be—\nvisible from a busway; and\nreasonably likely to create a traffic hazard for the busway.\nFor subsection (1) , the chief executive may make guidelines to which local governments must have regard in deciding whether the chief executive’s approval is required for a particular busway.\nAn approval may be subject to conditions.\nSubsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive.\nThe permission criteria may include conditions.\nA local government must comply with conditions that apply to it under this section.\nAn approval must be given—\nwithin 21 days after receiving the application for approval; or\nwithin a longer period notified to the local government by the chief executive within the 21 day period.\nIf the chief executive does not respond to a local government’s application within 21 days after receiving it, the chief executive is taken to have given approval at the end of the 21 days.\nThe chief executive must publish a copy of each notice mentioned in subsection (10) in the gazette.\nIn this section—\nbusway includes land that the chief executive has notified the local government in writing is intended to become a busway.\ns 309 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (3) )\n(sec.309-ssec.1) A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be— visible from a busway; and reasonably likely to create a traffic hazard for the busway.\n(sec.309-ssec.2) For subsection (1) , the chief executive may make guidelines to which local governments must have regard in deciding whether the chief executive’s approval is required for a particular busway.\n(sec.309-ssec.3) An approval may be subject to conditions.\n(sec.309-ssec.4) Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive.\n(sec.309-ssec.5) The permission criteria may include conditions.\n(sec.309-ssec.6) A local government must comply with conditions that apply to it under this section.\n(sec.309-ssec.7) An approval must be given— within 21 days after receiving the application for approval; or within a longer period notified to the local government by the chief executive within the 21 day period.\n(sec.309-ssec.8) If the chief executive does not respond to a local government’s application within 21 days after receiving it, the chief executive is taken to have given approval at the end of the 21 days.\n(sec.309-ssec.9) The chief executive must publish a copy of each notice mentioned in subsection (10) in the gazette.\n(sec.309-ssec.10) In this section— busway includes land that the chief executive has notified the local government in writing is intended to become a busway.\n- (a) visible from a busway; and\n- (b) reasonably likely to create a traffic hazard for the busway.\n- (a) within 21 days after receiving the application for approval; or\n- (b) within a longer period notified to the local government by the chief executive within the 21 day period.","sortOrder":661},{"sectionNumber":"sec.310","sectionType":"section","heading":"No presumption of dedication of road","content":"### sec.310 No presumption of dedication of road\n\nThis section applies if the public uses busway land as a road, or for access purposes other than as a road.\nThe busway land does not at law, either because the use is authorised or permitted by the chief executive or for another reason, become dedicated to public use as a road.\ns 310 ins 2000 No. 40 s 13\n(sec.310-ssec.1) This section applies if the public uses busway land as a road, or for access purposes other than as a road.\n(sec.310-ssec.2) The busway land does not at law, either because the use is authorised or permitted by the chief executive or for another reason, become dedicated to public use as a road.","sortOrder":662},{"sectionNumber":"ch.9-pt.4-div.2","sectionType":"division","heading":"Interfering with busway transport infrastructure","content":"## Interfering with busway transport infrastructure","sortOrder":663},{"sectionNumber":"sec.311","sectionType":"section","heading":"Interfering with busway transport infrastructure","content":"### sec.311 Interfering with busway transport infrastructure\n\nA person must not interfere with or carry out works on busway transport infrastructure unless—\nthe person has the written approval of the chief executive; or\nthe interference or works are for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the busway transport infrastructure; or\nthe interference or works are otherwise authorised under this Act or another Act.\nMaximum penalty—160 penalty units.\nAn approval under subsection (1) (a) may be given on reasonable conditions.\nThe person given the approval must comply with the conditions of the approval.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to the carrying out of urgent maintenance of a busway or busway transport infrastructure.\ns 311 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (4) )\n(sec.311-ssec.1) A person must not interfere with or carry out works on busway transport infrastructure unless— the person has the written approval of the chief executive; or the interference or works are for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the busway transport infrastructure; or the interference or works are otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units.\n(sec.311-ssec.2) An approval under subsection (1) (a) may be given on reasonable conditions.\n(sec.311-ssec.3) The person given the approval must comply with the conditions of the approval. Maximum penalty—40 penalty units.\n(sec.311-ssec.4) Subsection (1) does not apply to the carrying out of urgent maintenance of a busway or busway transport infrastructure.\n- (a) the person has the written approval of the chief executive; or\n- (b) the interference or works are for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the busway transport infrastructure; or\n- (c) the interference or works are otherwise authorised under this Act or another Act.","sortOrder":664},{"sectionNumber":"sec.312","sectionType":"section","heading":"Rectifying unauthorised interference or works","content":"### sec.312 Rectifying unauthorised interference or works\n\nThis section applies if a person (the identified person ) interferes with or carries out works on busway transport infrastructure in contravention of section 311 (1) .\nThe chief executive may, by written notice given to the identified person, require the person to rectify the interference, or the effect of the carrying out of the works, within a stated reasonable time.\nThe identified person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the identified person does not comply with the notice, the chief executive may rectify the interference or the effect of the carrying out of the works.\nThe identified person must pay the amount of the chief executive’s reasonable costs of—\nrectifying the interference or the effect of the carrying out of the works; or\nchanging the way the busway transport infrastructure is built, maintained or operated because of the interference or the effect of the carrying out of the works.\nThe chief executive may recover the amount as a debt.\nIn this section—\nrectify the interference includes the following—\nalter, dismantle or take away works;\nfix damage caused by the interference.\ns 312 ins 2000 No. 40 s 13\n(sec.312-ssec.1) This section applies if a person (the identified person ) interferes with or carries out works on busway transport infrastructure in contravention of section 311 (1) .\n(sec.312-ssec.2) The chief executive may, by written notice given to the identified person, require the person to rectify the interference, or the effect of the carrying out of the works, within a stated reasonable time.\n(sec.312-ssec.3) The identified person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.312-ssec.4) If the identified person does not comply with the notice, the chief executive may rectify the interference or the effect of the carrying out of the works.\n(sec.312-ssec.5) The identified person must pay the amount of the chief executive’s reasonable costs of— rectifying the interference or the effect of the carrying out of the works; or changing the way the busway transport infrastructure is built, maintained or operated because of the interference or the effect of the carrying out of the works.\n(sec.312-ssec.6) The chief executive may recover the amount as a debt.\n(sec.312-ssec.7) In this section— rectify the interference includes the following— alter, dismantle or take away works; fix damage caused by the interference.\n- (a) rectifying the interference or the effect of the carrying out of the works; or\n- (b) changing the way the busway transport infrastructure is built, maintained or operated because of the interference or the effect of the carrying out of the works.\n- (a) alter, dismantle or take away works;\n- (b) fix damage caused by the interference.","sortOrder":665},{"sectionNumber":"ch.9-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":666},{"sectionNumber":"sec.313","sectionType":"section","heading":null,"content":"### Section sec.313\n\ns 313 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (5) )\nom 2014 No. 43 s 39","sortOrder":667},{"sectionNumber":"sec.314","sectionType":"section","heading":null,"content":"### Section sec.314\n\ns 314 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (5) )\nom 2014 No. 43 s 39","sortOrder":668},{"sectionNumber":"sec.315","sectionType":"section","heading":null,"content":"### Section sec.315\n\ns 315 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (5) )\nom 2014 No. 43 s 39","sortOrder":669},{"sectionNumber":"ch.9-pt.4-div.4","sectionType":"division","heading":"Public utility plant","content":"## Public utility plant","sortOrder":670},{"sectionNumber":"sec.316","sectionType":"section","heading":"Definition for div 4","content":"### sec.316 Definition for div 4\n\nIn this division—\nbusway land includes land that is State land, or private agreement land, on which busway transport infrastructure is, or is proposed to be, situated.\nInformation about projects and initiatives involving busway land is available on the department’s website.\ns 316 def busway land sub 2010 No. 19 s 205\namd 2011 No. 12 s 53 (1) ; 2019 No. 25 s 11 sch 1\nIn this section—\nprivate agreement land means land—\nheld by a person other than the State; and\nthat is subject to an agreement for public utility plant on the land, between the person and the State.\ns 316 ins 2000 No. 40 s 13\namd 2011 No. 12 s 53 (2)\n(sec.316-ssec.1) In this division— busway land includes land that is State land, or private agreement land, on which busway transport infrastructure is, or is proposed to be, situated. Information about projects and initiatives involving busway land is available on the department’s website. s 316 def busway land sub 2010 No. 19 s 205 amd 2011 No. 12 s 53 (1) ; 2019 No. 25 s 11 sch 1\n(sec.316-ssec.2) In this section— private agreement land means land— held by a person other than the State; and that is subject to an agreement for public utility plant on the land, between the person and the State.\n- (a) held by a person other than the State; and\n- (b) that is subject to an agreement for public utility plant on the land, between the person and the State.","sortOrder":671},{"sectionNumber":"sec.317","sectionType":"section","heading":"Retention of ownership of public utility plant","content":"### sec.317 Retention of ownership of public utility plant\n\nThis section applies if, immediately before the declaration of land as busway land under section 302 , public utility plant is located on the land.\nThe declaration does not affect the ownership of the public utility plant.\ns 317 ins 2000 No. 40 s 13\namd 2010 No. 19 s 206\n(sec.317-ssec.1) This section applies if, immediately before the declaration of land as busway land under section 302 , public utility plant is located on the land.\n(sec.317-ssec.2) The declaration does not affect the ownership of the public utility plant.","sortOrder":672},{"sectionNumber":"sec.318","sectionType":"section","heading":"Public utility plant on busway land","content":"### sec.318 Public utility plant on busway land\n\nA public utility provider may do the following things on busway land—\nbuild, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\nmaintain or repair, or alter, for maintenance or repair, its public utility plant;\ntake reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\nHowever, the provider may do things mentioned in subsection (1) only if the chief executive agrees in writing.\nThe chief executive must not unreasonably withhold agreement.\nDespite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on busway land without the written agreement of the chief executive, but only if the provider—\nmakes all reasonable attempts to obtain the chief executive’s oral agreement to the carrying out of the maintenance; and\nwhether or not the chief executive’s oral agreement is obtained, acts as quickly as possible to advise the chief executive of the details of the maintenance being carried out.\nBuilding or altering public utility plant under subsection (1) (a) does not affect the ownership of the plant.\ns 318 ins 2000 No. 40 s 13\n(sec.318-ssec.1) A public utility provider may do the following things on busway land— build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; maintain or repair, or alter, for maintenance or repair, its public utility plant; take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n(sec.318-ssec.2) However, the provider may do things mentioned in subsection (1) only if the chief executive agrees in writing.\n(sec.318-ssec.3) The chief executive must not unreasonably withhold agreement.\n(sec.318-ssec.4) Despite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on busway land without the written agreement of the chief executive, but only if the provider— makes all reasonable attempts to obtain the chief executive’s oral agreement to the carrying out of the maintenance; and whether or not the chief executive’s oral agreement is obtained, acts as quickly as possible to advise the chief executive of the details of the maintenance being carried out.\n(sec.318-ssec.5) Building or altering public utility plant under subsection (1) (a) does not affect the ownership of the plant.\n- (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\n- (b) maintain or repair, or alter, for maintenance or repair, its public utility plant;\n- (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n- (a) makes all reasonable attempts to obtain the chief executive’s oral agreement to the carrying out of the maintenance; and\n- (b) whether or not the chief executive’s oral agreement is obtained, acts as quickly as possible to advise the chief executive of the details of the maintenance being carried out.","sortOrder":673},{"sectionNumber":"sec.319","sectionType":"section","heading":"Chief executive must give provider information","content":"### sec.319 Chief executive must give provider information\n\nIf asked in writing by a public utility provider, the chief executive must give the provider information about lines and levels for planned busway transport infrastructure on busway land necessary to enable the provider to minimise possible adverse effects of the establishment of the infrastructure on the provider’s works.\ns 319 ins 2000 No. 40 s 13\namd 2014 No. 43 s 117 sch 1","sortOrder":674},{"sectionNumber":"sec.320","sectionType":"section","heading":"Public utility provider to consult with chief executive before replacing public utility plant","content":"### sec.320 Public utility provider to consult with chief executive before replacing public utility plant\n\nIf a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on busway land, the provider must, before seeking written agreement under section 318 , consult with the chief executive.\nThe object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the busway land.\ns 320 ins 2000 No. 40 s 13\n(sec.320-ssec.1) If a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on busway land, the provider must, before seeking written agreement under section 318 , consult with the chief executive.\n(sec.320-ssec.2) The object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the busway land.","sortOrder":675},{"sectionNumber":"sec.321","sectionType":"section","heading":"Public utility provider to comply with chief executive’s agreement","content":"### sec.321 Public utility provider to comply with chief executive’s agreement\n\nThis section applies if, in relation to busway land, a public utility provider does something mentioned in section 318 (1) (the relevant action )—\nwithout the written or oral agreement of the chief executive required under section 318 ; or\nin a way inconsistent with an agreement with the chief executive; or\nin a way inconsistent with a regulation about how things mentioned in section 318 (1) are to be done.\nThe chief executive may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\nThe time stated in the notice must be a time that is reasonable in the circumstances.\nIf the provider does not comply with the notice, the chief executive may arrange for action the chief executive considers necessary to remedy the relevant action.\nThe chief executive’s reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the chief executive.\ns 321 ins 2000 No. 40 s 13\n(sec.321-ssec.1) This section applies if, in relation to busway land, a public utility provider does something mentioned in section 318 (1) (the relevant action )— without the written or oral agreement of the chief executive required under section 318 ; or in a way inconsistent with an agreement with the chief executive; or in a way inconsistent with a regulation about how things mentioned in section 318 (1) are to be done.\n(sec.321-ssec.2) The chief executive may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\n(sec.321-ssec.3) The time stated in the notice must be a time that is reasonable in the circumstances.\n(sec.321-ssec.4) If the provider does not comply with the notice, the chief executive may arrange for action the chief executive considers necessary to remedy the relevant action.\n(sec.321-ssec.5) The chief executive’s reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the chief executive.\n- (a) without the written or oral agreement of the chief executive required under section 318 ; or\n- (b) in a way inconsistent with an agreement with the chief executive; or\n- (c) in a way inconsistent with a regulation about how things mentioned in section 318 (1) are to be done.","sortOrder":676},{"sectionNumber":"sec.322","sectionType":"section","heading":"Chief executive may require public utility provider to alter position of public utility plant","content":"### sec.322 Chief executive may require public utility provider to alter position of public utility plant\n\nThe chief executive may require a public utility provider to alter the position of the provider’s public utility plant on busway land if the chief executive considers that the plant will interfere with the exercise of the chief executive’s powers for the busway land.\nThe chief executive is responsible only for the cost of altering the position of the public utility plant.\ns 322 ins 2000 No. 40 s 13\n(sec.322-ssec.1) The chief executive may require a public utility provider to alter the position of the provider’s public utility plant on busway land if the chief executive considers that the plant will interfere with the exercise of the chief executive’s powers for the busway land.\n(sec.322-ssec.2) The chief executive is responsible only for the cost of altering the position of the public utility plant.","sortOrder":677},{"sectionNumber":"sec.323","sectionType":"section","heading":"Information by public utility provider to chief executive","content":"### sec.323 Information by public utility provider to chief executive\n\nIf, in relation to public utility plant on busway land, a public utility provider does something mentioned in section 318 (1) , the provider must prepare records adequately defining the location of the plant.\nA public utility provider owning public utility plant located on busway land must, if asked by the chief executive, give the chief executive information adequately defining the location of the plant.\nMaximum penalty for subsection (2) —40 penalty units.\ns 323 ins 2000 No. 40 s 13\n(sec.323-ssec.1) If, in relation to public utility plant on busway land, a public utility provider does something mentioned in section 318 (1) , the provider must prepare records adequately defining the location of the plant.\n(sec.323-ssec.2) A public utility provider owning public utility plant located on busway land must, if asked by the chief executive, give the chief executive information adequately defining the location of the plant. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":678},{"sectionNumber":"sec.324","sectionType":"section","heading":"Liability for damage caused by failure to comply with request for information","content":"### sec.324 Liability for damage caused by failure to comply with request for information\n\nThis section applies if—\nthe chief executive causes damage to public utility plant located on busway land; and\nbefore the damage was caused, the chief executive had asked for information under section 323 (2) from the public utility provider owning the public utility plant; and\nthe provider had not, within a reasonable time, complied with the request; and\nthe damage was caused because of the failure to comply with the request.\nUnless the chief executive otherwise agrees, the chief executive is not liable for the damage.\ns 324 ins 2000 No. 40 s 13\n(sec.324-ssec.1) This section applies if— the chief executive causes damage to public utility plant located on busway land; and before the damage was caused, the chief executive had asked for information under section 323 (2) from the public utility provider owning the public utility plant; and the provider had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request.\n(sec.324-ssec.2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage.\n- (a) the chief executive causes damage to public utility plant located on busway land; and\n- (b) before the damage was caused, the chief executive had asked for information under section 323 (2) from the public utility provider owning the public utility plant; and\n- (c) the provider had not, within a reasonable time, complied with the request; and\n- (d) the damage was caused because of the failure to comply with the request.","sortOrder":679},{"sectionNumber":"sec.325","sectionType":"section","heading":"Liability for damage caused by failure to give enough detail about location of public utility plant","content":"### sec.325 Liability for damage caused by failure to give enough detail about location of public utility plant\n\nThis section applies if—\nthe chief executive causes damage to public utility plant located on busway land; and\ninformation supplied to the chief executive under section 323 (2) did not define in enough detail the location of the plant; and\nthe damage was caused because of the failure to define in enough detail the location of the plant.\nUnless the chief executive otherwise agrees, the chief executive is not liable for the damage.\ns 325 ins 2000 No. 40 s 13\n(sec.325-ssec.1) This section applies if— the chief executive causes damage to public utility plant located on busway land; and information supplied to the chief executive under section 323 (2) did not define in enough detail the location of the plant; and the damage was caused because of the failure to define in enough detail the location of the plant.\n(sec.325-ssec.2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage.\n- (a) the chief executive causes damage to public utility plant located on busway land; and\n- (b) information supplied to the chief executive under section 323 (2) did not define in enough detail the location of the plant; and\n- (c) the damage was caused because of the failure to define in enough detail the location of the plant.","sortOrder":680},{"sectionNumber":"sec.326","sectionType":"section","heading":"Liability for damage caused because of failure to comply with chief executive’s requirements","content":"### sec.326 Liability for damage caused because of failure to comply with chief executive’s requirements\n\nThis section applies if—\nthe chief executive causes damage to public utility plant located on busway land; and\nthe damage is caused because the public utility provider owning the plant did something mentioned in section 318 (1) in relation to the plant other than under the chief executive’s requirements under this division.\nUnless the chief executive otherwise agrees, the chief executive is not liable for the damage.\ns 326 ins 2000 No. 40 s 13\namd 2010 No. 13 s 84 sch pt 1\n(sec.326-ssec.1) This section applies if— the chief executive causes damage to public utility plant located on busway land; and the damage is caused because the public utility provider owning the plant did something mentioned in section 318 (1) in relation to the plant other than under the chief executive’s requirements under this division.\n(sec.326-ssec.2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage.\n- (a) the chief executive causes damage to public utility plant located on busway land; and\n- (b) the damage is caused because the public utility provider owning the plant did something mentioned in section 318 (1) in relation to the plant other than under the chief executive’s requirements under this division.","sortOrder":681},{"sectionNumber":"sec.327","sectionType":"section","heading":"Liability of public utility provider to pay additional expenses incurred by chief executive","content":"### sec.327 Liability of public utility provider to pay additional expenses incurred by chief executive\n\nThis section applies if the chief executive incurs additional expense in carrying out busway transport infrastructure works on busway land because a public utility provider—\ndid not supply within a reasonable time information asked for by the chief executive under section 323 (2) ; or\nin supplying information to the chief executive, did not define in enough detail the location of public utility plant; or\ndid something mentioned in section 318 (1) in relation to public utility plant other than under the chief executive’s requirements under this division.\nThe public utility provider is liable to pay the chief executive the additional expense.\ns 327 ins 2000 No. 40 s 13\n(sec.327-ssec.1) This section applies if the chief executive incurs additional expense in carrying out busway transport infrastructure works on busway land because a public utility provider— did not supply within a reasonable time information asked for by the chief executive under section 323 (2) ; or in supplying information to the chief executive, did not define in enough detail the location of public utility plant; or did something mentioned in section 318 (1) in relation to public utility plant other than under the chief executive’s requirements under this division.\n(sec.327-ssec.2) The public utility provider is liable to pay the chief executive the additional expense.\n- (a) did not supply within a reasonable time information asked for by the chief executive under section 323 (2) ; or\n- (b) in supplying information to the chief executive, did not define in enough detail the location of public utility plant; or\n- (c) did something mentioned in section 318 (1) in relation to public utility plant other than under the chief executive’s requirements under this division.","sortOrder":682},{"sectionNumber":"sec.328","sectionType":"section","heading":"Replacement or reconstruction of public utility plant","content":"### sec.328 Replacement or reconstruction of public utility plant\n\nIf the carrying out of busway transport infrastructure works on busway land by or for the chief executive requires taking away or replacing public utility plant, the chief executive can not be compelled to replace or reconstruct the plant in its previous location and form.\nIf the plant is replaced or reconstructed—\nit must be done under the chief executive’s requirements; and\nit must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account—\nthe remaining life of the plant; and\nthe salvage or scrap value of the plant; and\nadditional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\nadditional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.\ns 328 ins 2000 No. 40 s 13\n(sec.328-ssec.1) If the carrying out of busway transport infrastructure works on busway land by or for the chief executive requires taking away or replacing public utility plant, the chief executive can not be compelled to replace or reconstruct the plant in its previous location and form.\n(sec.328-ssec.2) If the plant is replaced or reconstructed— it must be done under the chief executive’s requirements; and it must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— the remaining life of the plant; and the salvage or scrap value of the plant; and additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.\n- (a) it must be done under the chief executive’s requirements; and\n- (b) it must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— (i) the remaining life of the plant; and (ii) the salvage or scrap value of the plant; and (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.\n- (i) the remaining life of the plant; and\n- (ii) the salvage or scrap value of the plant; and\n- (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\n- (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.\n- (i) the remaining life of the plant; and\n- (ii) the salvage or scrap value of the plant; and\n- (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\n- (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.","sortOrder":683},{"sectionNumber":"ch.9-pt.4-div.5","sectionType":"division","heading":"Use of busway or busway transport infrastructure","content":"## Use of busway or busway transport infrastructure","sortOrder":684},{"sectionNumber":"sec.329","sectionType":"section","heading":"Trespass on busway or busway transport infrastructure","content":"### sec.329 Trespass on busway or busway transport infrastructure\n\nA person must not, without reasonable excuse, be on a busway or busway transport infrastructure unless the person has permission of the chief executive to be on the busway or infrastructure.\nMaximum penalty—40 penalty units.\nFor subsection (1) , permission may be given, for example—\nexpressly, by—\nsigns, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway or busway transport infrastructure; or\nsigns designating the hours during which the busway or busway transport infrastructure may be used by pedestrians to access a public passenger service; or\nsigns designating a part of the busway or busway transport infrastructure as being open to pedestrians to access a public passenger service; or\nimpliedly, by the absence of demarcation between ordinary road and the busway or busway transport infrastructure.\nA regulation may include rules about the use of a busway or busway transport infrastructure by a bus or by persons having the permission of the chief executive to be on the busway or infrastructure.\ns 329 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (6) )\nsub 2008 No. 67 s 263\n(sec.329-ssec.1) A person must not, without reasonable excuse, be on a busway or busway transport infrastructure unless the person has permission of the chief executive to be on the busway or infrastructure. Maximum penalty—40 penalty units.\n(sec.329-ssec.2) For subsection (1) , permission may be given, for example— expressly, by— signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway or busway transport infrastructure; or signs designating the hours during which the busway or busway transport infrastructure may be used by pedestrians to access a public passenger service; or signs designating a part of the busway or busway transport infrastructure as being open to pedestrians to access a public passenger service; or impliedly, by the absence of demarcation between ordinary road and the busway or busway transport infrastructure.\n(sec.329-ssec.3) A regulation may include rules about the use of a busway or busway transport infrastructure by a bus or by persons having the permission of the chief executive to be on the busway or infrastructure.\n- (a) expressly, by— (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway or busway transport infrastructure; or (ii) signs designating the hours during which the busway or busway transport infrastructure may be used by pedestrians to access a public passenger service; or (iii) signs designating a part of the busway or busway transport infrastructure as being open to pedestrians to access a public passenger service; or\n- (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway or busway transport infrastructure; or\n- (ii) signs designating the hours during which the busway or busway transport infrastructure may be used by pedestrians to access a public passenger service; or\n- (iii) signs designating a part of the busway or busway transport infrastructure as being open to pedestrians to access a public passenger service; or\n- (b) impliedly, by the absence of demarcation between ordinary road and the busway or busway transport infrastructure.\n- (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway or busway transport infrastructure; or\n- (ii) signs designating the hours during which the busway or busway transport infrastructure may be used by pedestrians to access a public passenger service; or\n- (iii) signs designating a part of the busway or busway transport infrastructure as being open to pedestrians to access a public passenger service; or","sortOrder":685},{"sectionNumber":"ch.9-pt.4-div.6","sectionType":"division","heading":"Compensation entitlements","content":"## Compensation entitlements","sortOrder":686},{"sectionNumber":"sec.330","sectionType":"section","heading":"Definitions for div 6","content":"### sec.330 Definitions for div 6\n\nIn this division—\naccess , for land, means—\naccess to the land from the road network, whether or not through other land; or\naccess from the land to the road network, whether or not through other land.\nbusway land means busway land that, when declared under this chapter to be busway land, was a road or part of a road.\nestablishment , of busway transport infrastructure on busway land, includes the following—\ninitial construction of the busway transport infrastructure on the busway land;\nconstruction for changing or adding to busway transport infrastructure previously constructed on the busway land;\nputting in place the arrangements under which persons are permitted or not permitted to be on the busway land.\ninterference , with access, includes loss or reduction of access.\ns 330 ins 2000 No. 40 s 13\n- (a) access to the land from the road network, whether or not through other land; or\n- (b) access from the land to the road network, whether or not through other land.\n- (a) initial construction of the busway transport infrastructure on the busway land;\n- (b) construction for changing or adding to busway transport infrastructure previously constructed on the busway land;\n- (c) putting in place the arrangements under which persons are permitted or not permitted to be on the busway land.","sortOrder":687},{"sectionNumber":"sec.331","sectionType":"section","heading":"No entitlement to compensation for particular matters","content":"### sec.331 No entitlement to compensation for particular matters\n\nA person having an interest in land (the relevant land ) has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2) , to the extent the matter is caused by—\nthe establishment of a busway; or\nthe establishment or proposed establishment of busway transport infrastructure on busway land; or\nthe operation of a busway on busway land.\nThe matters are—\nthe adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and\ninterference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and\nloss or damage arising directly or indirectly from interference with access for the relevant land; and\nthe reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.\ns 331 ins 2000 No. 40 s 13\namd 2014 No. 43 s 117 sch 1\n(sec.331-ssec.1) A person having an interest in land (the relevant land ) has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2) , to the extent the matter is caused by— the establishment of a busway; or the establishment or proposed establishment of busway transport infrastructure on busway land; or the operation of a busway on busway land.\n(sec.331-ssec.2) The matters are— the adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and loss or damage arising directly or indirectly from interference with access for the relevant land; and the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.\n- (a) the establishment of a busway; or\n- (b) the establishment or proposed establishment of busway transport infrastructure on busway land; or\n- (c) the operation of a busway on busway land.\n- (a) the adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and\n- (b) interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and\n- (c) loss or damage arising directly or indirectly from interference with access for the relevant land; and\n- (d) the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.","sortOrder":688},{"sectionNumber":"sec.332","sectionType":"section","heading":"Compensation for reduced market value of interest in land","content":"### sec.332 Compensation for reduced market value of interest in land\n\nA person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of busway transport infrastructure on busway land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land.\nSubsection (1) applies only if—\neither of the following applies—\nthe busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\nthe busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\nthe practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\nthe practical effect of the interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\nThe amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land.\nHowever, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired.\ns 332 ins 2000 No. 40 s 13\n(sec.332-ssec.1) A person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of busway transport infrastructure on busway land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land.\n(sec.332-ssec.2) Subsection (1) applies only if— either of the following applies— the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n(sec.332-ssec.3) The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land.\n(sec.332-ssec.4) However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired.\n- (a) either of the following applies— (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\n- (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\n- (b) the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\n- (c) the practical effect of the interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n- (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and","sortOrder":689},{"sectionNumber":"sec.333","sectionType":"section","heading":"Compensation of person in actual occupation for interference with enjoyment of land","content":"### sec.333 Compensation of person in actual occupation for interference with enjoyment of land\n\nA person is entitled to compensation if—\nthe person is in actual occupation of land (the relevant land ) when the establishment of busway transport infrastructure on busway land (the infrastructure ) is happening or when it is completed; and\nthe establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and\nthe access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\nSubsection (1) applies only if—\neither of the following applies—\nthe busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\nthe busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\nthe practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\nthe practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\nThe amount of compensation is an amount fairly representing, in the particular circumstances—\nif the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and\nif the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.\nIn calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land.\ns 333 ins 2000 No. 40 s 13\n(sec.333-ssec.1) A person is entitled to compensation if— the person is in actual occupation of land (the relevant land ) when the establishment of busway transport infrastructure on busway land (the infrastructure ) is happening or when it is completed; and the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\n(sec.333-ssec.2) Subsection (1) applies only if— either of the following applies— the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n(sec.333-ssec.3) The amount of compensation is an amount fairly representing, in the particular circumstances— if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.\n(sec.333-ssec.4) In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land.\n- (a) the person is in actual occupation of land (the relevant land ) when the establishment of busway transport infrastructure on busway land (the infrastructure ) is happening or when it is completed; and\n- (b) the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and\n- (c) the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\n- (a) either of the following applies— (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\n- (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\n- (b) the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\n- (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n- (i) the busway land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and\n- (a) if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and\n- (b) if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.","sortOrder":690},{"sectionNumber":"sec.334","sectionType":"section","heading":"Chief executive may supply or contribute to new access arrangements","content":"### sec.334 Chief executive may supply or contribute to new access arrangements\n\nThe chief executive may, having regard to the establishment, or proposed establishment, of busway transport infrastructure on busway land, enter into an agreement with a person who is the owner or occupier of land (the relevant land ) for—\nthe supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or\nthe carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.\nA person’s entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1) .\ns 334 ins 2000 No. 40 s 13\n(sec.334-ssec.1) The chief executive may, having regard to the establishment, or proposed establishment, of busway transport infrastructure on busway land, enter into an agreement with a person who is the owner or occupier of land (the relevant land ) for— the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or the carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.\n(sec.334-ssec.2) A person’s entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1) .\n- (a) the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or\n- (b) the carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.","sortOrder":691},{"sectionNumber":"sec.335","sectionType":"section","heading":"Obtaining compensation","content":"### sec.335 Obtaining compensation\n\nA person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation.\nThe application must be made—\nwithin 12 months after the establishment of busway transport infrastructure on busway land giving rise to the claim for compensation; or\nwithin a longer time agreed by the chief executive.\nIf, within 60 days after the person applies under subsection (1) , or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application—\nthe person may apply to the Land Court for the compensation; or\nthe chief executive may apply to the Land Court to have the compensation decided by the court.\nThe Land Court has jurisdiction to deal with an application made to it under subsection (3) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\nNothing in subsection (2) (a) stops a person from applying for compensation before the establishment of the busway transport infrastructure is completed if the claim relates to the person’s occupation of land during the establishment of the infrastructure.\ns 335 ins 2000 No. 40 s 13\n(sec.335-ssec.1) A person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation.\n(sec.335-ssec.2) The application must be made— within 12 months after the establishment of busway transport infrastructure on busway land giving rise to the claim for compensation; or within a longer time agreed by the chief executive.\n(sec.335-ssec.3) If, within 60 days after the person applies under subsection (1) , or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application— the person may apply to the Land Court for the compensation; or the chief executive may apply to the Land Court to have the compensation decided by the court.\n(sec.335-ssec.4) The Land Court has jurisdiction to deal with an application made to it under subsection (3) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\n(sec.335-ssec.5) Nothing in subsection (2) (a) stops a person from applying for compensation before the establishment of the busway transport infrastructure is completed if the claim relates to the person’s occupation of land during the establishment of the infrastructure.\n- (a) within 12 months after the establishment of busway transport infrastructure on busway land giving rise to the claim for compensation; or\n- (b) within a longer time agreed by the chief executive.\n- (a) the person may apply to the Land Court for the compensation; or\n- (b) the chief executive may apply to the Land Court to have the compensation decided by the court.","sortOrder":692},{"sectionNumber":"ch.9-pt.4A","sectionType":"part","heading":"Accreditation as busway manager","content":"# Accreditation as busway manager","sortOrder":693},{"sectionNumber":"sec.335AA","sectionType":"section","heading":"Reference to busway in pt 4A","content":"### sec.335AA Reference to busway in pt 4A\n\nIn this part, other than in this section, section 335AB and section 335AP , a reference to a busway is a reference to a busway that is—\nestablished on busway land; or\nproposed to be established on busway land; or\nproposed to be established on land proposed to become busway land.\ns 335AA ins 2008 No. 67 s 264\n- (a) established on busway land; or\n- (b) proposed to be established on busway land; or\n- (c) proposed to be established on land proposed to become busway land.","sortOrder":694},{"sectionNumber":"sec.335AB","sectionType":"section","heading":"Only accredited person can manage busway","content":"### sec.335AB Only accredited person can manage busway\n\nA person must not manage a busway on busway land unless the person is accredited as the busway manager for the busway.\nMaximum penalty—160 penalty units.\ns 335AB ins 2008 No. 67 s 264","sortOrder":695},{"sectionNumber":"sec.335AC","sectionType":"section","heading":"Application for accreditation","content":"### sec.335AC Application for accreditation\n\nA person may apply to the chief executive for accreditation as the busway manager for a busway.\ns 335AC ins 2008 No. 67 s 264","sortOrder":696},{"sectionNumber":"sec.335AD","sectionType":"section","heading":"Additional information for application","content":"### sec.335AD Additional information for application\n\nThe chief executive may, by written notice, require an applicant to give the chief executive the stated written information the chief executive reasonably requires to consider the application.\nThe chief executive may reject the application if the applicant does not comply with the requirement within a stated reasonable time, not less than 28 days, without reasonable excuse.\ns 335AD ins 2008 No. 67 s 264\n(sec.335AD-ssec.1) The chief executive may, by written notice, require an applicant to give the chief executive the stated written information the chief executive reasonably requires to consider the application.\n(sec.335AD-ssec.2) The chief executive may reject the application if the applicant does not comply with the requirement within a stated reasonable time, not less than 28 days, without reasonable excuse.","sortOrder":697},{"sectionNumber":"sec.335AE","sectionType":"section","heading":"Giving accreditation","content":"### sec.335AE Giving accreditation\n\nThe chief executive must promptly consider an application for accreditation and give, or refuse to give, the accreditation.\nThe chief executive must accredit an applicant as the busway manager for a busway if satisfied—\nthe applicant has the competency and capacity to manage the busway safely; and\nthe applicant has an appropriate safety management system; and\nthe applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; and\nthe applicant has rights of access to all land the applicant needs for the establishment and operation of the busway; and\nthe applicant has rights to the use of all busway transport infrastructure and other infrastructure the applicant needs for the establishment and operation of the busway.\nIn considering a safety management system, the chief executive must consider—\nwhat the applicant proposes for the busway; and\nthe appropriateness of the safety management system for what the applicant proposes; and\nthe safety levels achievable, consistent with the nature of what the applicant proposes, at a reasonable cost; and\nthe need for efficient and competitive busway transport services; and\nconsistency with generally accepted risk management principles; and\nthe levels of safety proposed compared with the levels of safety of competing transport modes.\nSubsection (3) does not limit what the chief executive may consider in considering a safety management system.\nIf the chief executive decides to give the accreditation, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe details of the accreditation, including its scope; and\nif the accreditation is given on conditions—\nthe details of the conditions; and\nthe reason for the conditions.\nIf the chief executive decides not give the accreditation, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe reason for the decision.\nA written notice given under subsection (5) or (6) must be accompanied by an information notice for the decision the subject of the notice.\ns 335AE ins 2008 No. 67 s 264\n(sec.335AE-ssec.1) The chief executive must promptly consider an application for accreditation and give, or refuse to give, the accreditation.\n(sec.335AE-ssec.2) The chief executive must accredit an applicant as the busway manager for a busway if satisfied— the applicant has the competency and capacity to manage the busway safely; and the applicant has an appropriate safety management system; and the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; and the applicant has rights of access to all land the applicant needs for the establishment and operation of the busway; and the applicant has rights to the use of all busway transport infrastructure and other infrastructure the applicant needs for the establishment and operation of the busway.\n(sec.335AE-ssec.3) In considering a safety management system, the chief executive must consider— what the applicant proposes for the busway; and the appropriateness of the safety management system for what the applicant proposes; and the safety levels achievable, consistent with the nature of what the applicant proposes, at a reasonable cost; and the need for efficient and competitive busway transport services; and consistency with generally accepted risk management principles; and the levels of safety proposed compared with the levels of safety of competing transport modes.\n(sec.335AE-ssec.4) Subsection (3) does not limit what the chief executive may consider in considering a safety management system.\n(sec.335AE-ssec.5) If the chief executive decides to give the accreditation, the chief executive must promptly give the applicant a written notice stating— the decision; and the details of the accreditation, including its scope; and if the accreditation is given on conditions— the details of the conditions; and the reason for the conditions.\n(sec.335AE-ssec.6) If the chief executive decides not give the accreditation, the chief executive must promptly give the applicant a written notice stating— the decision; and the reason for the decision.\n(sec.335AE-ssec.7) A written notice given under subsection (5) or (6) must be accompanied by an information notice for the decision the subject of the notice.\n- (a) the applicant has the competency and capacity to manage the busway safely; and\n- (b) the applicant has an appropriate safety management system; and\n- (c) the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; and\n- (d) the applicant has rights of access to all land the applicant needs for the establishment and operation of the busway; and\n- (e) the applicant has rights to the use of all busway transport infrastructure and other infrastructure the applicant needs for the establishment and operation of the busway.\n- (a) what the applicant proposes for the busway; and\n- (b) the appropriateness of the safety management system for what the applicant proposes; and\n- (c) the safety levels achievable, consistent with the nature of what the applicant proposes, at a reasonable cost; and\n- (d) the need for efficient and competitive busway transport services; and\n- (e) consistency with generally accepted risk management principles; and\n- (f) the levels of safety proposed compared with the levels of safety of competing transport modes.\n- (a) the decision; and\n- (b) the details of the accreditation, including its scope; and\n- (c) if the accreditation is given on conditions— (i) the details of the conditions; and (ii) the reason for the conditions.\n- (i) the details of the conditions; and\n- (ii) the reason for the conditions.\n- (i) the details of the conditions; and\n- (ii) the reason for the conditions.\n- (a) the decision; and\n- (b) the reason for the decision.","sortOrder":698},{"sectionNumber":"sec.335AF","sectionType":"section","heading":"Annual levy","content":"### sec.335AF Annual levy\n\nA regulation may impose levies on busway managers for busways relating to their accreditation on a basis prescribed under the regulation.\nThe chief executive must give each busway manager for a busway written notice of the amount of a levy applying to the manager.\nThe chief executive may recover the amount of a levy as a debt owed to the chief executive.\ns 335AF ins 2008 No. 67 s 264\n(sec.335AF-ssec.1) A regulation may impose levies on busway managers for busways relating to their accreditation on a basis prescribed under the regulation.\n(sec.335AF-ssec.2) The chief executive must give each busway manager for a busway written notice of the amount of a levy applying to the manager.\n(sec.335AF-ssec.3) The chief executive may recover the amount of a levy as a debt owed to the chief executive.","sortOrder":699},{"sectionNumber":"sec.335AG","sectionType":"section","heading":"Accreditation conditions","content":"### sec.335AG Accreditation conditions\n\nAn accreditation of a person as the busway manager for a busway may be subject to conditions.\nHowever, the conditions must be about—\nconstructing or maintaining the busway; or\nmanaging the busway safely, considering the need for efficient and competitive services; or\nthe person’s financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; or\npaying accreditation fees; or\nsomething else prescribed under a regulation.\nA person must comply with each condition of the person’s accreditation as the busway manager for a busway.\nMaximum penalty for subsection (3) —40 penalty units.\ns 335AG ins 2008 No. 67 s 264\n(sec.335AG-ssec.1) An accreditation of a person as the busway manager for a busway may be subject to conditions.\n(sec.335AG-ssec.2) However, the conditions must be about— constructing or maintaining the busway; or managing the busway safely, considering the need for efficient and competitive services; or the person’s financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; or paying accreditation fees; or something else prescribed under a regulation.\n(sec.335AG-ssec.3) A person must comply with each condition of the person’s accreditation as the busway manager for a busway. Maximum penalty for subsection (3) —40 penalty units.\n- (a) constructing or maintaining the busway; or\n- (b) managing the busway safely, considering the need for efficient and competitive services; or\n- (c) the person’s financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the busway; or\n- (d) paying accreditation fees; or\n- (e) something else prescribed under a regulation.","sortOrder":700},{"sectionNumber":"sec.335AH","sectionType":"section","heading":"Requiring accreditation conditions to be complied with","content":"### sec.335AH Requiring accreditation conditions to be complied with\n\nThis section applies if the chief executive reasonably believes a person has not complied with a condition of the person’s accreditation as the busway manager for a busway.\nThe chief executive may, by written notice, require the person to remedy the breach within a reasonable period stated in the notice.\nIf the person has not complied with the condition of the person’s accreditation as the busway manager for a busway, the person must comply with the notice.\nMaximum penalty for subsection (3) —60 penalty units.\ns 335AH ins 2008 No. 67 s 264\n(sec.335AH-ssec.1) This section applies if the chief executive reasonably believes a person has not complied with a condition of the person’s accreditation as the busway manager for a busway.\n(sec.335AH-ssec.2) The chief executive may, by written notice, require the person to remedy the breach within a reasonable period stated in the notice.\n(sec.335AH-ssec.3) If the person has not complied with the condition of the person’s accreditation as the busway manager for a busway, the person must comply with the notice. Maximum penalty for subsection (3) —60 penalty units.","sortOrder":701},{"sectionNumber":"sec.335AI","sectionType":"section","heading":"Accreditation period","content":"### sec.335AI Accreditation period\n\nA person’s accreditation as the busway manager for a busway remains in force until it is suspended, cancelled or surrendered.\ns 335AI ins 2008 No. 67 s 264","sortOrder":702},{"sectionNumber":"sec.335AJ","sectionType":"section","heading":"Amending accreditation conditions on application","content":"### sec.335AJ Amending accreditation conditions on application\n\nA person accredited as the busway manager for a busway may apply to the chief executive for an amendment of the conditions of the person’s accreditation.\nThe chief executive must consider the application and decide whether to make the amendment.\nThe chief executive may amend a condition only if satisfied the condition is—\nno longer appropriate; or\nno longer consistent with generally accepted risk management principles.\nIf the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment.\nIf the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe reason for the decision.\nA written notice given under subsection (5) must be accompanied by an information notice for the decision the subject of the notice.\nIf the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the applicant at the end of the 70 days.\ns 335AJ ins 2008 No. 67 s 264\n(sec.335AJ-ssec.1) A person accredited as the busway manager for a busway may apply to the chief executive for an amendment of the conditions of the person’s accreditation.\n(sec.335AJ-ssec.2) The chief executive must consider the application and decide whether to make the amendment.\n(sec.335AJ-ssec.3) The chief executive may amend a condition only if satisfied the condition is— no longer appropriate; or no longer consistent with generally accepted risk management principles.\n(sec.335AJ-ssec.4) If the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment.\n(sec.335AJ-ssec.5) If the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating— the decision; and the reason for the decision.\n(sec.335AJ-ssec.6) A written notice given under subsection (5) must be accompanied by an information notice for the decision the subject of the notice.\n(sec.335AJ-ssec.7) If the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the applicant at the end of the 70 days.\n- (a) no longer appropriate; or\n- (b) no longer consistent with generally accepted risk management principles.\n- (a) the decision; and\n- (b) the reason for the decision.","sortOrder":703},{"sectionNumber":"sec.335AK","sectionType":"section","heading":"Amending accreditation conditions without application","content":"### sec.335AK Amending accreditation conditions without application\n\nThis section applies if the chief executive considers the conditions of a person’s accreditation as the busway manager for a busway should be amended but the person has not applied for the proposed amendment.\nBefore amending the conditions, the chief executive must give the person a written notice—\nstating the proposed amendment; and\nstating the reason for the proposed amendment; and\ninviting the person to show, within a stated time of at least 28 days, why the proposed amendment should not be made.\nIf, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions—\nin the way proposed; or\nin another way, having regard to the representations.\nThe chief executive must inform the person of the decision by written notice.\nIf the chief executive decides to amend the conditions, the notice must also state—\nthe amendment; and\nthe reason for the decision.\nA written notice given under subsection (4) must be accompanied by an information notice for the decision the subject of the notice.\nSubsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of a person’s accreditation as the busway manager for a busway for a formal or clerical reason not adversely affecting the person’s interests.\nThe chief executive may amend a condition in a way mentioned in subsection (7) by written notice given to the person.\ns 335AK ins 2008 No. 67 s 264\n(sec.335AK-ssec.1) This section applies if the chief executive considers the conditions of a person’s accreditation as the busway manager for a busway should be amended but the person has not applied for the proposed amendment.\n(sec.335AK-ssec.2) Before amending the conditions, the chief executive must give the person a written notice— stating the proposed amendment; and stating the reason for the proposed amendment; and inviting the person to show, within a stated time of at least 28 days, why the proposed amendment should not be made.\n(sec.335AK-ssec.3) If, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions— in the way proposed; or in another way, having regard to the representations.\n(sec.335AK-ssec.4) The chief executive must inform the person of the decision by written notice.\n(sec.335AK-ssec.5) If the chief executive decides to amend the conditions, the notice must also state— the amendment; and the reason for the decision.\n(sec.335AK-ssec.6) A written notice given under subsection (4) must be accompanied by an information notice for the decision the subject of the notice.\n(sec.335AK-ssec.7) Subsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of a person’s accreditation as the busway manager for a busway for a formal or clerical reason not adversely affecting the person’s interests.\n(sec.335AK-ssec.8) The chief executive may amend a condition in a way mentioned in subsection (7) by written notice given to the person.\n- (a) stating the proposed amendment; and\n- (b) stating the reason for the proposed amendment; and\n- (c) inviting the person to show, within a stated time of at least 28 days, why the proposed amendment should not be made.\n- (a) in the way proposed; or\n- (b) in another way, having regard to the representations.\n- (a) the amendment; and\n- (b) the reason for the decision.","sortOrder":704},{"sectionNumber":"sec.335AL","sectionType":"section","heading":"Suspending or cancelling accreditation","content":"### sec.335AL Suspending or cancelling accreditation\n\nThis section applies if the chief executive—\nreasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and\nconsiders the person’s accreditation should be suspended or cancelled (the proposed action ).\nBefore taking the proposed action, the chief executive must give the person a written notice—\nstating the proposed action; and\nstating the reason for the proposed action; and\nif the proposed action is suspension of the accreditation, stating the proposed suspension period; and\nif the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and\nSee section 335AN (Limited suspension of accreditation).\ninviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may—\nif the proposed action is to suspend the accreditation—suspend the accreditation—\nfor no longer than the proposed suspension period; and\nif the proposed action was a limited suspension, by no more than the proposed limitation; or\nif the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period.\nThe chief executive must inform the person of the decision by written notice.\nIf the chief executive decides to suspend or cancel the accreditation, the notice must also state the reason for the decision.\nThe chief executive may immediately cancel the accreditation by written notice given to the person if—\nrather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but\nthe person has not rectified the failure within the suspension period.\nThe notice must state the reason for the decision.\nA written notice given under subsection (4) or (6) must be accompanied by an information notice for the decision the subject of the notice.\ns 335AL ins 2008 No. 67 s 264\namd 2014 No. 43 s 117 sch 1\n(sec.335AL-ssec.1) This section applies if the chief executive— reasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and considers the person’s accreditation should be suspended or cancelled (the proposed action ).\n(sec.335AL-ssec.2) Before taking the proposed action, the chief executive must give the person a written notice— stating the proposed action; and stating the reason for the proposed action; and if the proposed action is suspension of the accreditation, stating the proposed suspension period; and if the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and See section 335AN (Limited suspension of accreditation). inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n(sec.335AL-ssec.3) If, after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action is to suspend the accreditation—suspend the accreditation— for no longer than the proposed suspension period; and if the proposed action was a limited suspension, by no more than the proposed limitation; or if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period.\n(sec.335AL-ssec.4) The chief executive must inform the person of the decision by written notice.\n(sec.335AL-ssec.5) If the chief executive decides to suspend or cancel the accreditation, the notice must also state the reason for the decision.\n(sec.335AL-ssec.6) The chief executive may immediately cancel the accreditation by written notice given to the person if— rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but the person has not rectified the failure within the suspension period.\n(sec.335AL-ssec.7) The notice must state the reason for the decision.\n(sec.335AL-ssec.8) A written notice given under subsection (4) or (6) must be accompanied by an information notice for the decision the subject of the notice.\n- (a) reasonably suspects a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and\n- (b) considers the person’s accreditation should be suspended or cancelled (the proposed action ).\n- (a) stating the proposed action; and\n- (b) stating the reason for the proposed action; and\n- (c) if the proposed action is suspension of the accreditation, stating the proposed suspension period; and\n- (d) if the proposed action is a limited suspension of the accreditation, stating the details of the proposed limitation; and Note— See section 335AN (Limited suspension of accreditation).\n- (e) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) if the proposed action is to suspend the accreditation—suspend the accreditation— (i) for no longer than the proposed suspension period; and (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or\n- (i) for no longer than the proposed suspension period; and\n- (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or\n- (b) if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period.\n- (i) for no longer than the proposed suspension period; and\n- (ii) if the proposed action was a limited suspension, by no more than the proposed limitation; or\n- (a) rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person’s accreditation; but\n- (b) the person has not rectified the failure within the suspension period.","sortOrder":705},{"sectionNumber":"sec.335AM","sectionType":"section","heading":"Immediate suspension of accreditation","content":"### sec.335AM Immediate suspension of accreditation\n\nThis section applies if the chief executive—\nreasonably believes a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and\nconsiders members of the public may be seriously harmed if urgent action to suspend the person’s accreditation is not taken.\nThe chief executive may immediately suspend the accreditation by written notice given to the person.\nThe notice must state the reason for the decision and must be accompanied by an information notice for the decision.\nThe chief executive must at the same time give the person a notice under section 335AL (2) .\nThe accreditation is suspended under this section until the earlier of the following—\nthe chief executive gives the person notice of the chief executive’s decision under section 335AL ;\nthe end of 60 days after the notice under subsection (2) was given to the person.\ns 335AM ins 2008 No. 67 s 264\n(sec.335AM-ssec.1) This section applies if the chief executive— reasonably believes a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and considers members of the public may be seriously harmed if urgent action to suspend the person’s accreditation is not taken.\n(sec.335AM-ssec.2) The chief executive may immediately suspend the accreditation by written notice given to the person.\n(sec.335AM-ssec.3) The notice must state the reason for the decision and must be accompanied by an information notice for the decision.\n(sec.335AM-ssec.4) The chief executive must at the same time give the person a notice under section 335AL (2) .\n(sec.335AM-ssec.5) The accreditation is suspended under this section until the earlier of the following— the chief executive gives the person notice of the chief executive’s decision under section 335AL ; the end of 60 days after the notice under subsection (2) was given to the person.\n- (a) reasonably believes a person accredited as the busway manager for a busway has not complied with a condition of the person’s accreditation; and\n- (b) considers members of the public may be seriously harmed if urgent action to suspend the person’s accreditation is not taken.\n- (a) the chief executive gives the person notice of the chief executive’s decision under section 335AL ;\n- (b) the end of 60 days after the notice under subsection (2) was given to the person.","sortOrder":706},{"sectionNumber":"sec.335AN","sectionType":"section","heading":"Limited suspension of accreditation","content":"### sec.335AN Limited suspension of accreditation\n\nUnder section 335AL or 335AM , the chief executive may limit a suspension of a person’s accreditation as the busway manager for a busway to, for example, a particular busway for which the person is accredited as a busway manager.\ns 335AN ins 2008 No. 67 s 264","sortOrder":707},{"sectionNumber":"sec.335AO","sectionType":"section","heading":"Surrender of accreditation","content":"### sec.335AO Surrender of accreditation\n\nA person accredited as the busway manager for a busway may, at any time, surrender the person’s accreditation by written notice given to the chief executive.\ns 335AO ins 2008 No. 67 s 264","sortOrder":708},{"sectionNumber":"sec.335AP","sectionType":"section","heading":"Accreditation for proposed busway","content":"### sec.335AP Accreditation for proposed busway\n\nThis section applies if—\na person holds an accreditation under this part as the busway manager for a busway—\nproposed to be established on busway land; or\nproposed to be established on land proposed to become busway land; and\nthe busway is established on busway land substantially in the way proposed.\nThe accreditation automatically becomes an accreditation under this part that the person holds as the busway manager for the busway as established.\ns 335AP ins 2008 No. 67 s 264\n(sec.335AP-ssec.1) This section applies if— a person holds an accreditation under this part as the busway manager for a busway— proposed to be established on busway land; or proposed to be established on land proposed to become busway land; and the busway is established on busway land substantially in the way proposed.\n(sec.335AP-ssec.2) The accreditation automatically becomes an accreditation under this part that the person holds as the busway manager for the busway as established.\n- (a) a person holds an accreditation under this part as the busway manager for a busway— (i) proposed to be established on busway land; or (ii) proposed to be established on land proposed to become busway land; and\n- (i) proposed to be established on busway land; or\n- (ii) proposed to be established on land proposed to become busway land; and\n- (b) the busway is established on busway land substantially in the way proposed.\n- (i) proposed to be established on busway land; or\n- (ii) proposed to be established on land proposed to become busway land; and","sortOrder":709},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Busway authorisation","content":"# Busway authorisation","sortOrder":710},{"sectionNumber":"sec.335A","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.335A Definitions for pt 5\n\nIn this part—\nauthorised busway user , for a busway, means—\na busway service provider authorised by the chief executive to use the busway; or\nanother person authorised by the chief executive for the busway.\nbusway service provider means—\na person using a bus to provide a public passenger service other than—\na booked hire service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\na taxi service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\na person who provides a scheduled passenger service under a service contract referred to in section 336 (1) (a) (ii) ; or\na person carrying out busway transport infrastructure works on a busway or busway transport infrastructure.\ns 335A ins 2005 No. 49 s 16\namd 2017 No. 18 s 37 sch 1\n- (a) a busway service provider authorised by the chief executive to use the busway; or\n- (b) another person authorised by the chief executive for the busway.\n- (a) a person using a bus to provide a public passenger service other than— (i) a booked hire service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or (ii) a taxi service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or (iii) a person who provides a scheduled passenger service under a service contract referred to in section 336 (1) (a) (ii) ; or\n- (i) a booked hire service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\n- (ii) a taxi service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\n- (iii) a person who provides a scheduled passenger service under a service contract referred to in section 336 (1) (a) (ii) ; or\n- (b) a person carrying out busway transport infrastructure works on a busway or busway transport infrastructure.\n- (i) a booked hire service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\n- (ii) a taxi service within the meaning of the Transport Operations (Passenger Transport) Act 1994 ; or\n- (iii) a person who provides a scheduled passenger service under a service contract referred to in section 336 (1) (a) (ii) ; or","sortOrder":711},{"sectionNumber":"sec.336","sectionType":"section","heading":"Who may drive on a busway","content":"### sec.336 Who may drive on a busway\n\nA person must not drive on a busway unless the person is—\ndriving in the course of the person’s duty as an employee of—\na busway service provider authorised by the chief executive to use the busway; or\nthe holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or\nan emergency service; or\nauthorised by the chief executive to drive on the busway.\nMaximum penalty—160 penalty units.\nIn this section—\nemergency service means—\nthe Queensland Ambulance Service; or\nthe Queensland Fire and Rescue Service; or\nthe Queensland Police Service; or\nthe State Emergency Service; or\nanother entity approved by the chief executive.\ns 336 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 17 ; 2009 No. 47 s 5 sch ; 2014 No. 43 s 40\n(sec.336-ssec.1) A person must not drive on a busway unless the person is— driving in the course of the person’s duty as an employee of— a busway service provider authorised by the chief executive to use the busway; or the holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or an emergency service; or authorised by the chief executive to drive on the busway. Maximum penalty—160 penalty units.\n(sec.336-ssec.2) In this section— emergency service means— the Queensland Ambulance Service; or the Queensland Fire and Rescue Service; or the Queensland Police Service; or the State Emergency Service; or another entity approved by the chief executive.\n- (a) driving in the course of the person’s duty as an employee of— (i) a busway service provider authorised by the chief executive to use the busway; or (ii) the holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or (iii) an emergency service; or\n- (i) a busway service provider authorised by the chief executive to use the busway; or\n- (ii) the holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or\n- (iii) an emergency service; or\n- (b) authorised by the chief executive to drive on the busway.\n- (i) a busway service provider authorised by the chief executive to use the busway; or\n- (ii) the holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or\n- (iii) an emergency service; or\n- (a) the Queensland Ambulance Service; or\n- (b) the Queensland Fire and Rescue Service; or\n- (c) the Queensland Police Service; or\n- (d) the State Emergency Service; or\n- (e) another entity approved by the chief executive.","sortOrder":712},{"sectionNumber":"sec.337","sectionType":"section","heading":"Applying for authorisation as authorised busway user","content":"### sec.337 Applying for authorisation as authorised busway user\n\nA person may apply to the chief executive for authorisation as an authorised busway user for a busway.\nThe chief executive may, by written notice, require an applicant to give the chief executive stated written information that the chief executive reasonably requires to consider the application.\nThe chief executive may reject the application if the applicant fails to comply with the requirement within a stated reasonable time, of not less than 28 days, without reasonable excuse.\ns 337 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 18\n(sec.337-ssec.1) A person may apply to the chief executive for authorisation as an authorised busway user for a busway.\n(sec.337-ssec.2) The chief executive may, by written notice, require an applicant to give the chief executive stated written information that the chief executive reasonably requires to consider the application.\n(sec.337-ssec.3) The chief executive may reject the application if the applicant fails to comply with the requirement within a stated reasonable time, of not less than 28 days, without reasonable excuse.","sortOrder":713},{"sectionNumber":"sec.338","sectionType":"section","heading":"Considering application for authorisation","content":"### sec.338 Considering application for authorisation\n\nThe chief executive must promptly consider an application for authorisation as an authorised busway user and decide to grant, or refuse to grant, the authorisation.\nIf the chief executive decides to grant the authorisation, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe details of the authorisation, including its scope; and\nif the authorisation is subject to a condition—\nthe details of the condition; and\nthe reason for the condition.\nIf the chief executive decides not to grant the authorisation, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe reason for the decision.\nA notice under subsection (2) or (3) must be accompanied by an information notice.\ns 338 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 19\n(sec.338-ssec.1) The chief executive must promptly consider an application for authorisation as an authorised busway user and decide to grant, or refuse to grant, the authorisation.\n(sec.338-ssec.2) If the chief executive decides to grant the authorisation, the chief executive must promptly give the applicant a written notice stating— the decision; and the details of the authorisation, including its scope; and if the authorisation is subject to a condition— the details of the condition; and the reason for the condition.\n(sec.338-ssec.3) If the chief executive decides not to grant the authorisation, the chief executive must promptly give the applicant a written notice stating— the decision; and the reason for the decision.\n(sec.338-ssec.4) A notice under subsection (2) or (3) must be accompanied by an information notice.\n- (a) the decision; and\n- (b) the details of the authorisation, including its scope; and\n- (c) if the authorisation is subject to a condition— (i) the details of the condition; and (ii) the reason for the condition.\n- (i) the details of the condition; and\n- (ii) the reason for the condition.\n- (i) the details of the condition; and\n- (ii) the reason for the condition.\n- (a) the decision; and\n- (b) the reason for the decision.","sortOrder":714},{"sectionNumber":"sec.339","sectionType":"section","heading":"Authorisation conditions","content":"### sec.339 Authorisation conditions\n\nAn authorisation may be subject to conditions.\nA condition may relate only to—\nsafely using a busway; or\nsomething else prescribed under a regulation.\nAn authorised busway user must comply with each condition of the authorised busway user’s authorisation.\nMaximum penalty for subsection (3) —40 penalty units.\ns 339 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 20\n(sec.339-ssec.1) An authorisation may be subject to conditions.\n(sec.339-ssec.2) A condition may relate only to— safely using a busway; or something else prescribed under a regulation.\n(sec.339-ssec.3) An authorised busway user must comply with each condition of the authorised busway user’s authorisation. Maximum penalty for subsection (3) —40 penalty units.\n- (a) safely using a busway; or\n- (b) something else prescribed under a regulation.","sortOrder":715},{"sectionNumber":"sec.340","sectionType":"section","heading":"Requiring authorisation conditions to be complied with","content":"### sec.340 Requiring authorisation conditions to be complied with\n\nThis section applies if the chief executive reasonably believes an authorised busway user has not complied with a condition of the authorised busway user’s authorisation.\nThe chief executive may, by written notice, require the authorised busway user to remedy the breach within a reasonable period stated in the notice.\nIf the authorised busway user has not complied with the condition, the authorised busway user must comply with the notice.\nMaximum penalty for subsection (3) —40 penalty units.\ns 340 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 21\n(sec.340-ssec.1) This section applies if the chief executive reasonably believes an authorised busway user has not complied with a condition of the authorised busway user’s authorisation.\n(sec.340-ssec.2) The chief executive may, by written notice, require the authorised busway user to remedy the breach within a reasonable period stated in the notice.\n(sec.340-ssec.3) If the authorised busway user has not complied with the condition, the authorised busway user must comply with the notice. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":716},{"sectionNumber":"sec.341","sectionType":"section","heading":"Authorisation period","content":"### sec.341 Authorisation period\n\nAn authorised busway user’s authorisation remains in force until suspended, cancelled or surrendered.\ns 341 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 22","sortOrder":717},{"sectionNumber":"sec.342","sectionType":"section","heading":"Amending authorisation conditions on application","content":"### sec.342 Amending authorisation conditions on application\n\nAn authorised busway user may apply to the chief executive for an amendment of the conditions of the authorised busway user’s authorisation.\nThe chief executive must consider the application and decide to grant, or refuse to grant, the amendment.\nThe chief executive may amend a condition only if satisfied the condition is—\nno longer appropriate; or\nno longer consistent with generally accepted risk management principles.\nIf the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment.\nIf the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating—\nthe decision; and\nthe reason for the decision.\nA notice under subsection (5) must be accompanied by an information notice.\nIf the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the applicant at the end of the 70 days.\ns 342 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 23\n(sec.342-ssec.1) An authorised busway user may apply to the chief executive for an amendment of the conditions of the authorised busway user’s authorisation.\n(sec.342-ssec.2) The chief executive must consider the application and decide to grant, or refuse to grant, the amendment.\n(sec.342-ssec.3) The chief executive may amend a condition only if satisfied the condition is— no longer appropriate; or no longer consistent with generally accepted risk management principles.\n(sec.342-ssec.4) If the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment.\n(sec.342-ssec.5) If the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating— the decision; and the reason for the decision.\n(sec.342-ssec.6) A notice under subsection (5) must be accompanied by an information notice.\n(sec.342-ssec.7) If the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the applicant at the end of the 70 days.\n- (a) no longer appropriate; or\n- (b) no longer consistent with generally accepted risk management principles.\n- (a) the decision; and\n- (b) the reason for the decision.","sortOrder":718},{"sectionNumber":"sec.343","sectionType":"section","heading":"Amending authorisation conditions without application","content":"### sec.343 Amending authorisation conditions without application\n\nThis section applies if the chief executive considers the conditions of an authorised busway user’s authorisation should be amended although the authorised busway user has not applied for the amendment.\nBefore amending the conditions, the chief executive must give the authorised busway user a written notice stating—\nthe proposed amendment; and\nthe reason for the amendment; and\nan invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the amendment should not be made.\nIf, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions—\nin the way proposed; or\nin another way, having regard to the representations.\nThe chief executive must inform the authorised busway user of the decision by written notice.\nIf the chief executive decides to amend the conditions, the notice must also state—\nthe amendment; and\nthe reason for the decision.\nA notice under subsection (5) must be accompanied by an information notice.\nSubsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of an authorised busway user’s authorisation for a formal or clerical reason that does not adversely affect the authorised busway user’s interests.\nThe chief executive may amend a condition in a way mentioned in subsection (7) by written notice to the authorised busway user.\ns 343 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 24\n(sec.343-ssec.1) This section applies if the chief executive considers the conditions of an authorised busway user’s authorisation should be amended although the authorised busway user has not applied for the amendment.\n(sec.343-ssec.2) Before amending the conditions, the chief executive must give the authorised busway user a written notice stating— the proposed amendment; and the reason for the amendment; and an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the amendment should not be made.\n(sec.343-ssec.3) If, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions— in the way proposed; or in another way, having regard to the representations.\n(sec.343-ssec.4) The chief executive must inform the authorised busway user of the decision by written notice.\n(sec.343-ssec.5) If the chief executive decides to amend the conditions, the notice must also state— the amendment; and the reason for the decision.\n(sec.343-ssec.6) A notice under subsection (5) must be accompanied by an information notice.\n(sec.343-ssec.7) Subsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of an authorised busway user’s authorisation for a formal or clerical reason that does not adversely affect the authorised busway user’s interests.\n(sec.343-ssec.8) The chief executive may amend a condition in a way mentioned in subsection (7) by written notice to the authorised busway user.\n- (a) the proposed amendment; and\n- (b) the reason for the amendment; and\n- (c) an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the amendment should not be made.\n- (a) in the way proposed; or\n- (b) in another way, having regard to the representations.\n- (a) the amendment; and\n- (b) the reason for the decision.","sortOrder":719},{"sectionNumber":"sec.344","sectionType":"section","heading":"Suspending or cancelling authorisation","content":"### sec.344 Suspending or cancelling authorisation\n\nThis section applies if the chief executive—\nreasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and\nconsiders the authorisation should be suspended or cancelled (the proposed action ).\nBefore taking the proposed action, the chief executive must give the authorised busway user a written notice stating—\nthe proposed action; and\nthe reason for the proposed action; and\nif the proposed action is to suspend the authorisation—the proposed suspension period; and\nif the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and\nan invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\nIf after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may—\nif the proposed action was to suspend the authorisation—suspend the authorisation—\nfor no longer than the proposed suspension period; and\nif the proposed suspension was limited to a particular service—only in relation to the service; or\nif the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period.\nThe chief executive must inform the authorised busway user of the decision by written notice.\nIf the chief executive decides to suspend or cancel the authorisation, the notice must also state the reason for the decision.\nIf—\nrather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and\nthe authorised busway user does not rectify the failure within the suspension period;\nthe chief executive may immediately cancel the authorisation by written notice to the authorised busway user.\nA notice under subsection (4) or (6) must be accompanied by an information notice.\ns 344 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 25\n(sec.344-ssec.1) This section applies if the chief executive— reasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and considers the authorisation should be suspended or cancelled (the proposed action ).\n(sec.344-ssec.2) Before taking the proposed action, the chief executive must give the authorised busway user a written notice stating— the proposed action; and the reason for the proposed action; and if the proposed action is to suspend the authorisation—the proposed suspension period; and if the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\n(sec.344-ssec.3) If after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action was to suspend the authorisation—suspend the authorisation— for no longer than the proposed suspension period; and if the proposed suspension was limited to a particular service—only in relation to the service; or if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period.\n(sec.344-ssec.4) The chief executive must inform the authorised busway user of the decision by written notice.\n(sec.344-ssec.5) If the chief executive decides to suspend or cancel the authorisation, the notice must also state the reason for the decision.\n(sec.344-ssec.6) If— rather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and the authorised busway user does not rectify the failure within the suspension period; the chief executive may immediately cancel the authorisation by written notice to the authorised busway user.\n(sec.344-ssec.7) A notice under subsection (4) or (6) must be accompanied by an information notice.\n- (a) reasonably suspects an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and\n- (b) considers the authorisation should be suspended or cancelled (the proposed action ).\n- (a) the proposed action; and\n- (b) the reason for the proposed action; and\n- (c) if the proposed action is to suspend the authorisation—the proposed suspension period; and\n- (d) if the proposed action is to suspend the authorisation only in relation to a particular service operated by the authorised busway user—the service; and\n- (e) an invitation to the authorised busway user to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authorisation—suspend the authorisation— (i) for no longer than the proposed suspension period; and (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or\n- (i) for no longer than the proposed suspension period; and\n- (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or\n- (b) if the proposed action was to cancel the authorisation—cancel the authorisation or suspend it for a period.\n- (i) for no longer than the proposed suspension period; and\n- (ii) if the proposed suspension was limited to a particular service—only in relation to the service; or\n- (a) rather than cancel the authorisation, the chief executive suspends it on condition that the authorised busway user do certain things to rectify the failure to comply with a condition of the authorised busway user’s authorisation; and\n- (b) the authorised busway user does not rectify the failure within the suspension period;","sortOrder":720},{"sectionNumber":"sec.345","sectionType":"section","heading":"Immediate suspension of authorisation","content":"### sec.345 Immediate suspension of authorisation\n\nThis section applies if the chief executive—\nreasonably believes an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and\nconsiders members of the public may be seriously harmed if urgent action to suspend the authorisation is not taken.\nThe chief executive may immediately suspend the authorisation by written notice to the authorised busway user.\nThe notice must state the reason for the decision and must be accompanied by an information notice.\nThe chief executive must at the same time give the authorised busway user a notice under section 344 (2) .\nThe authorisation is suspended under this section until the earlier of the following—\nthe chief executive gives the authorised busway user notice of the chief executive’s decision under section 344 ;\nthe end of 60 days after the notice under subsection (2) was given to the authorised busway user.\ns 345 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 26\n(sec.345-ssec.1) This section applies if the chief executive— reasonably believes an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and considers members of the public may be seriously harmed if urgent action to suspend the authorisation is not taken.\n(sec.345-ssec.2) The chief executive may immediately suspend the authorisation by written notice to the authorised busway user.\n(sec.345-ssec.3) The notice must state the reason for the decision and must be accompanied by an information notice.\n(sec.345-ssec.4) The chief executive must at the same time give the authorised busway user a notice under section 344 (2) .\n(sec.345-ssec.5) The authorisation is suspended under this section until the earlier of the following— the chief executive gives the authorised busway user notice of the chief executive’s decision under section 344 ; the end of 60 days after the notice under subsection (2) was given to the authorised busway user.\n- (a) reasonably believes an authorised busway user has contravened a condition of the authorised busway user’s authorisation; and\n- (b) considers members of the public may be seriously harmed if urgent action to suspend the authorisation is not taken.\n- (a) the chief executive gives the authorised busway user notice of the chief executive’s decision under section 344 ;\n- (b) the end of 60 days after the notice under subsection (2) was given to the authorised busway user.","sortOrder":721},{"sectionNumber":"sec.346","sectionType":"section","heading":"Surrender of authorisation","content":"### sec.346 Surrender of authorisation\n\nAn authorised busway user may, at any time, surrender the authorised busway user’s authorisation by written notice to the chief executive.\ns 346 ins 2000 No. 40 s 13 (amd 2001 No. 79 s 19 (7) )\namd 2005 No. 49 s 27","sortOrder":722},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":723},{"sectionNumber":"sec.346A","sectionType":"section","heading":null,"content":"### Section sec.346A\n\ns 346A ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":724},{"sectionNumber":"sec.346B","sectionType":"section","heading":null,"content":"### Section sec.346B\n\ns 346B ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":725},{"sectionNumber":"sec.346C","sectionType":"section","heading":null,"content":"### Section sec.346C\n\ns 346C ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":726},{"sectionNumber":"sec.346D","sectionType":"section","heading":null,"content":"### Section sec.346D\n\ns 346D ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":727},{"sectionNumber":"sec.346E","sectionType":"section","heading":null,"content":"### Section sec.346E\n\ns 346E ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":728},{"sectionNumber":"sec.346F","sectionType":"section","heading":null,"content":"### Section sec.346F\n\ns 346F ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":729},{"sectionNumber":"sec.346G","sectionType":"section","heading":null,"content":"### Section sec.346G\n\ns 346G ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":730},{"sectionNumber":"sec.346H","sectionType":"section","heading":null,"content":"### Section sec.346H\n\ns 346H ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":731},{"sectionNumber":"sec.346I","sectionType":"section","heading":null,"content":"### Section sec.346I\n\ns 346I ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":732},{"sectionNumber":"sec.346J","sectionType":"section","heading":null,"content":"### Section sec.346J\n\ns 346J ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":733},{"sectionNumber":"sec.346K","sectionType":"section","heading":null,"content":"### Section sec.346K\n\ns 346K ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":734},{"sectionNumber":"sec.346L","sectionType":"section","heading":null,"content":"### Section sec.346L\n\ns 346L ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":735},{"sectionNumber":"sec.346M","sectionType":"section","heading":null,"content":"### Section sec.346M\n\ns 346M ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":736},{"sectionNumber":"sec.346N","sectionType":"section","heading":null,"content":"### Section sec.346N\n\ns 346N ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":737},{"sectionNumber":"sec.346O","sectionType":"section","heading":null,"content":"### Section sec.346O\n\ns 346O ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":738},{"sectionNumber":"sec.346P","sectionType":"section","heading":null,"content":"### Section sec.346P\n\ns 346P ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":739},{"sectionNumber":"sec.346Q","sectionType":"section","heading":null,"content":"### Section sec.346Q\n\ns 346Q ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":740},{"sectionNumber":"sec.346R","sectionType":"section","heading":null,"content":"### Section sec.346R\n\ns 346R ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":741},{"sectionNumber":"sec.346S","sectionType":"section","heading":null,"content":"### Section sec.346S\n\ns 346S ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":742},{"sectionNumber":"sec.346T","sectionType":"section","heading":null,"content":"### Section sec.346T\n\ns 346T ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":743},{"sectionNumber":"sec.346U","sectionType":"section","heading":null,"content":"### Section sec.346U\n\ns 346U ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":744},{"sectionNumber":"sec.346V","sectionType":"section","heading":null,"content":"### Section sec.346V\n\ns 346V ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":745},{"sectionNumber":"sec.346W","sectionType":"section","heading":null,"content":"### Section sec.346W\n\ns 346W ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":746},{"sectionNumber":"sec.346X","sectionType":"section","heading":null,"content":"### Section sec.346X\n\ns 346X ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":747},{"sectionNumber":"sec.346Y","sectionType":"section","heading":null,"content":"### Section sec.346Y\n\ns 346Y ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":748},{"sectionNumber":"sec.346Z","sectionType":"section","heading":null,"content":"### Section sec.346Z\n\ns 346Z ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":749},{"sectionNumber":"sec.346ZA","sectionType":"section","heading":null,"content":"### Section sec.346ZA\n\ns 346ZA ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":750},{"sectionNumber":"sec.346ZB","sectionType":"section","heading":null,"content":"### Section sec.346ZB\n\ns 346ZB ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":751},{"sectionNumber":"sec.346ZC","sectionType":"section","heading":null,"content":"### Section sec.346ZC\n\ns 346ZC ins 2005 No. 49 s 28\nom 2014 No. 43 s 41","sortOrder":752},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":753},{"sectionNumber":"sec.347","sectionType":"section","heading":"Ways of achieving light rail objectives","content":"### sec.347 Ways of achieving light rail objectives\n\nThe objectives of this Act for light rail are intended to be achieved by—\ndeveloping and putting into effect light rail transport infrastructure strategies; and\nestablishing a legal framework to allow the construction, maintenance, management and operation of light rail transport infrastructure in an effective and efficient way; and\nproviding for the safety of the following by imposing requirements directed at ensuring the safety—\nlight rail, light rail land and light rail transport infrastructure;\npersons at, on or near light rail, light rail land or light rail transport infrastructure.\ns 347 ins 2000 No. 40 s 13\namd 2010 No. 6 s 342\n- (a) developing and putting into effect light rail transport infrastructure strategies; and\n- (b) establishing a legal framework to allow the construction, maintenance, management and operation of light rail transport infrastructure in an effective and efficient way; and\n- (c) providing for the safety of the following by imposing requirements directed at ensuring the safety— (i) light rail, light rail land and light rail transport infrastructure; (ii) persons at, on or near light rail, light rail land or light rail transport infrastructure.\n- (i) light rail, light rail land and light rail transport infrastructure;\n- (ii) persons at, on or near light rail, light rail land or light rail transport infrastructure.\n- (i) light rail, light rail land and light rail transport infrastructure;\n- (ii) persons at, on or near light rail, light rail land or light rail transport infrastructure.","sortOrder":754},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Chief executive’s functions and powers","content":"# Chief executive’s functions and powers","sortOrder":755},{"sectionNumber":"sec.348","sectionType":"section","heading":"Functions","content":"### sec.348 Functions\n\nThe chief executive has the following functions in relation to light rail, including a proposed light rail, and light rail transport infrastructure, including proposed light rail transport infrastructure—\ninvestigating, planning, establishing, constructing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, construct, maintain, manage or operate;\nproviding or arranging for associated services or works necessary or convenient for effective and efficient establishment, construction, maintenance, management and operation;\nefficiently integrating with any transport infrastructure, including busway transport infrastructure;\ninvestigating, planning or carrying out accommodation works that are necessary or convenient to be done as a result of light rail transport infrastructure or light rail transport infrastructure works;\ndoing other things that directly or indirectly—\nare likely to enhance the provision of light rail transport infrastructure and passenger services on light rail; or\nare incidental or complementary to the performance of another function.\ns 348 ins 2000 No. 40 s 13\namd 2010 No. 6 s 343 ; 2014 No. 43 s 42\n- (a) investigating, planning, establishing, constructing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, construct, maintain, manage or operate;\n- (b) providing or arranging for associated services or works necessary or convenient for effective and efficient establishment, construction, maintenance, management and operation;\n- (c) efficiently integrating with any transport infrastructure, including busway transport infrastructure;\n- (d) investigating, planning or carrying out accommodation works that are necessary or convenient to be done as a result of light rail transport infrastructure or light rail transport infrastructure works;\n- (e) doing other things that directly or indirectly— (i) are likely to enhance the provision of light rail transport infrastructure and passenger services on light rail; or (ii) are incidental or complementary to the performance of another function.\n- (i) are likely to enhance the provision of light rail transport infrastructure and passenger services on light rail; or\n- (ii) are incidental or complementary to the performance of another function.\n- (i) are likely to enhance the provision of light rail transport infrastructure and passenger services on light rail; or\n- (ii) are incidental or complementary to the performance of another function.","sortOrder":756},{"sectionNumber":"sec.349","sectionType":"section","heading":"Authority to enter or temporarily occupy or use land","content":"### sec.349 Authority to enter or temporarily occupy or use land\n\nFor the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may—\ndo 1 or more of the following in relation to land—\nenter the land, whether or not for temporarily occupying or using the land;\ntemporarily occupy the land;\ntemporarily use the land; and\ndo anything on the land necessary or convenient for the function, including, for example, for light rail transport infrastructure works.\nHowever, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator’s authority under chapter 11 .\ns 349 ins 2000 No. 40 s 13\n(sec.349-ssec.1) For the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may— do 1 or more of the following in relation to land— enter the land, whether or not for temporarily occupying or using the land; temporarily occupy the land; temporarily use the land; and do anything on the land necessary or convenient for the function, including, for example, for light rail transport infrastructure works.\n(sec.349-ssec.2) However, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator’s authority under chapter 11 .\n- (a) do 1 or more of the following in relation to land— (i) enter the land, whether or not for temporarily occupying or using the land; (ii) temporarily occupy the land; (iii) temporarily use the land; and\n- (i) enter the land, whether or not for temporarily occupying or using the land;\n- (ii) temporarily occupy the land;\n- (iii) temporarily use the land; and\n- (b) do anything on the land necessary or convenient for the function, including, for example, for light rail transport infrastructure works.\n- (i) enter the land, whether or not for temporarily occupying or using the land;\n- (ii) temporarily occupy the land;\n- (iii) temporarily use the land; and","sortOrder":757},{"sectionNumber":"sec.350","sectionType":"section","heading":"When land may be entered, occupied or used","content":"### sec.350 When land may be entered, occupied or used\n\nThis section applies if a person proposes to enter, occupy or use land under this part.\nThe person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of light rail transport infrastructure.\nHowever, the person must, if practicable, notify the occupier orally or in writing before entering the land.\nIf the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person—\nobtains the written permission of—\neach person who is an owner of the land; and\neach person who is an occupier of the land; or\ngives at least 7 days written notice to the occupier before the entry, occupation or use.\nThe notice under subsection (4) (b) must state—\nall works proposed to be performed; and\nall uses proposed to be made of the land; and\ndetails of anything else proposed to be done on the land; and\nthe approximate period when occupation or use is expected to continue; and\nthat an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and\nif accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.\nA notice may be given under this section even though it is proposed to resume the land for light rail transport infrastructure.\nIf accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\nPower to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.\ns 350 ins 2000 No. 40 s 13\namd 2014 No. 43 s 43\n(sec.350-ssec.1) This section applies if a person proposes to enter, occupy or use land under this part.\n(sec.350-ssec.2) The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of light rail transport infrastructure.\n(sec.350-ssec.3) However, the person must, if practicable, notify the occupier orally or in writing before entering the land.\n(sec.350-ssec.4) If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person— obtains the written permission of— each person who is an owner of the land; and each person who is an occupier of the land; or gives at least 7 days written notice to the occupier before the entry, occupation or use.\n(sec.350-ssec.5) The notice under subsection (4) (b) must state— all works proposed to be performed; and all uses proposed to be made of the land; and details of anything else proposed to be done on the land; and the approximate period when occupation or use is expected to continue; and that an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and if accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.\n(sec.350-ssec.6) A notice may be given under this section even though it is proposed to resume the land for light rail transport infrastructure.\n(sec.350-ssec.7) If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.\n(sec.350-ssec.8) Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land.\n- (a) obtains the written permission of— (i) each person who is an owner of the land; and (ii) each person who is an occupier of the land; or\n- (i) each person who is an owner of the land; and\n- (ii) each person who is an occupier of the land; or\n- (b) gives at least 7 days written notice to the occupier before the entry, occupation or use.\n- (i) each person who is an owner of the land; and\n- (ii) each person who is an occupier of the land; or\n- (a) all works proposed to be performed; and\n- (b) all uses proposed to be made of the land; and\n- (c) details of anything else proposed to be done on the land; and\n- (d) the approximate period when occupation or use is expected to continue; and\n- (e) that an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use; and\n- (f) if accommodation works are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the accommodation works proposed to be carried out on the land.","sortOrder":758},{"sectionNumber":"sec.351","sectionType":"section","heading":"Compensation","content":"### sec.351 Compensation\n\nThis section applies if land is entered, occupied or used under this part.\nAn owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials.\nHowever, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive—\nafter the loss or damage happens, but within 1 year after the entry, occupation or use ends; or\nat a later time allowed by the chief executive.\nIn the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\nThe Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nCompensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired.\ns 351 ins 2000 No. 40 s 13\n(sec.351-ssec.1) This section applies if land is entered, occupied or used under this part.\n(sec.351-ssec.2) An owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials.\n(sec.351-ssec.3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— after the loss or damage happens, but within 1 year after the entry, occupation or use ends; or at a later time allowed by the chief executive.\n(sec.351-ssec.4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\n(sec.351-ssec.5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.351-ssec.6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired.\n- (a) after the loss or damage happens, but within 1 year after the entry, occupation or use ends; or\n- (b) at a later time allowed by the chief executive.","sortOrder":759},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Establishment of light rail","content":"# Establishment of light rail","sortOrder":760},{"sectionNumber":"sec.352","sectionType":"section","heading":"Definition for pt 3","content":"### sec.352 Definition for pt 3\n\nIn this part—\nroad —\nmeans a road under the Land Act 1994 ; and\nincludes a State-controlled road or local government road.\ns 352 def road sub 2010 No. 19 s 168\namd 2011 No. 12 s 54\ns 352 ins 2000 No. 40 s 13\n- (a) means a road under the Land Act 1994 ; and\n- (b) includes a State-controlled road or local government road.","sortOrder":761},{"sectionNumber":"sec.353","sectionType":"section","heading":"Declaration of land as light rail land","content":"### sec.353 Declaration of land as light rail land\n\nThe Minister may, by gazette notice, declare land to be light rail land.\nLand declared to be light rail land—\nmust be—\nidentified specifically in the gazette notice; or\nidentified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\nmust consist only of land for a light rail and light rail transport infrastructure, which may be land on which transport infrastructure other than light rail transport infrastructure is situated or operated.\nThe identification of land declared to be light rail land may, but need not, be by reference to strata occupied by the land.\nLand may be declared to be light rail land only if it is—\nunallocated State land and other land held by the State; or\nland granted in trust under the Land Act 1994 , chapter 3 , part 1 , division 3 ; or\nbusway land, but only if it is the subject of a lease to the State under the Land Act 1994 , section 17 ; or\na road.\nIn this section—\nlight rail purposes includes light rail transport infrastructure.\ns 353 ins 2000 No. 40 s 13\namd 2005 No. 49 s 29 ; 2008 No. 31 s 21 ; 2010 No. 19 s 169\n(sec.353-ssec.1) The Minister may, by gazette notice, declare land to be light rail land.\n(sec.353-ssec.2) Land declared to be light rail land— must be— identified specifically in the gazette notice; or identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and must consist only of land for a light rail and light rail transport infrastructure, which may be land on which transport infrastructure other than light rail transport infrastructure is situated or operated.\n(sec.353-ssec.3) The identification of land declared to be light rail land may, but need not, be by reference to strata occupied by the land.\n(sec.353-ssec.4) Land may be declared to be light rail land only if it is— unallocated State land and other land held by the State; or land granted in trust under the Land Act 1994 , chapter 3 , part 1 , division 3 ; or busway land, but only if it is the subject of a lease to the State under the Land Act 1994 , section 17 ; or a road.\n(sec.353-ssec.5) In this section— light rail purposes includes light rail transport infrastructure.\n- (a) must be— (i) identified specifically in the gazette notice; or (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (i) identified specifically in the gazette notice; or\n- (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (b) must consist only of land for a light rail and light rail transport infrastructure, which may be land on which transport infrastructure other than light rail transport infrastructure is situated or operated.\n- (i) identified specifically in the gazette notice; or\n- (ii) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and\n- (a) unallocated State land and other land held by the State; or\n- (b) land granted in trust under the Land Act 1994 , chapter 3 , part 1 , division 3 ; or\n- (c) busway land, but only if it is the subject of a lease to the State under the Land Act 1994 , section 17 ; or\n- (d) a road.","sortOrder":762},{"sectionNumber":"sec.354","sectionType":"section","heading":"Effect on land of light rail declaration","content":"### sec.354 Effect on land of light rail declaration\n\nIf a road or a part of a road is declared under this part to be light rail land, the road or part—\nstops being a road; and\nbecomes unallocated State land.\nIf a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be light rail land, the lot or part becomes unallocated State land.\nIf busway land is declared under this part to be light rail land—\nany lease of the land under the Land Act 1994 , section 17 provided for under chapter 9 ends; and\nthe land stops being busway land and becomes unallocated State land.\nIf land, other than land mentioned in subsection (1) , (2) or (3) or unallocated State land, is declared under this part to be light rail land, the land becomes unallocated State land.\nThe Minister administering the Land Act 1994 —\nis taken to have leased the light rail land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\nmust lodge a document evidencing the lease in the leasehold land register.\nThe lease is in perpetuity and, if demanded, for a rent of $1 a year.\nThe Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of light rail land.\ns 354 ins 2000 No. 40 s 13\namd 2005 No. 49 s 30 ; 2005 No. 67 s 36 ; 2010 No. 19 s 170 ; 2011 No. 12 s 55 ; 2020 No. 21 s 72 s ch 1 pt 1\n(sec.354-ssec.1) If a road or a part of a road is declared under this part to be light rail land, the road or part— stops being a road; and becomes unallocated State land.\n(sec.354-ssec.2) If a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be light rail land, the lot or part becomes unallocated State land.\n(sec.354-ssec.3) If busway land is declared under this part to be light rail land— any lease of the land under the Land Act 1994 , section 17 provided for under chapter 9 ends; and the land stops being busway land and becomes unallocated State land.\n(sec.354-ssec.4) If land, other than land mentioned in subsection (1) , (2) or (3) or unallocated State land, is declared under this part to be light rail land, the land becomes unallocated State land.\n(sec.354-ssec.5) The Minister administering the Land Act 1994 — is taken to have leased the light rail land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and must lodge a document evidencing the lease in the leasehold land register.\n(sec.354-ssec.6) The lease is in perpetuity and, if demanded, for a rent of $1 a year.\n(sec.354-ssec.7) The Land Act 1994 , sections 157 , 183 , 204 , 211 and 336 (2) (a) and (c) do not apply to a lease or sublease of light rail land.\n- (a) stops being a road; and\n- (b) becomes unallocated State land.\n- (a) any lease of the land under the Land Act 1994 , section 17 provided for under chapter 9 ends; and\n- (b) the land stops being busway land and becomes unallocated State land.\n- (a) is taken to have leased the light rail land to the State under the Land Act 1994 , section 17 (3) when the declaration is made; and\n- (b) must lodge a document evidencing the lease in the leasehold land register.","sortOrder":763},{"sectionNumber":"sec.355","sectionType":"section","heading":"Sublease of lease of light rail land","content":"### sec.355 Sublease of lease of light rail land\n\nThe State may sublease its lease of light rail land to a light rail manager for a light rail established or proposed to be established on the light rail land on terms negotiated and agreed between the parties.\nFor the Land Act 1994 , section 332 (1) (b) , the light rail manager is eligible to hold a sublease of the lease.\nThe first sublease under subsection (1) (the original sublease ) may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew.\nThe terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties.\nThe Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of the original sublease or any subsequent sublease.\nIf the light rail manager attaches light rail transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time.\nDespite any agreement under subsection (6) , the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive—\nif there is no subsequent sublease—at the end of the original sublease; or\nif there is only 1 subsequent sublease—at the end of the subsequent sublease; or\nif there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.\nNeither the original sublease nor any subsequent sublease stops being a sublease only because—\nunder part 4 , land the subject of the sublease is taken to be a State-controlled road or a road under the control of a local government; or\npersons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.\nThis section does not stop the granting of a lease or sublease to a light rail manager for a light rail, other than under this section, of land that is not light rail land but on which there is, or is proposed to be, light rail transport infrastructure.\nDespite subsection (1) or (4) , the Minister may impose any condition on a sublease, option or subsequent sublease granted under this section that the Minister considers necessary to—\nachieve the objectives of this Act mentioned in section 2 ; or\nensure public safety.\nA condition imposed by the Minister under subsection (10) takes effect on the day stated in a notice given, for the purposes of this subsection, by the Minister to the other party to the sublease, option or subsequent sublease.\nIn this section—\nlight rail land means light rail land that is leased to the State under the Land Act 1994 , section 17 .\ns 355 ins 2000 No. 40 s 13\namd 2010 No. 19 s 171\n(sec.355-ssec.1) The State may sublease its lease of light rail land to a light rail manager for a light rail established or proposed to be established on the light rail land on terms negotiated and agreed between the parties.\n(sec.355-ssec.2) For the Land Act 1994 , section 332 (1) (b) , the light rail manager is eligible to hold a sublease of the lease.\n(sec.355-ssec.3) The first sublease under subsection (1) (the original sublease ) may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew.\n(sec.355-ssec.4) The terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties.\n(sec.355-ssec.5) The Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of the original sublease or any subsequent sublease.\n(sec.355-ssec.6) If the light rail manager attaches light rail transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time.\n(sec.355-ssec.7) Despite any agreement under subsection (6) , the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive— if there is no subsequent sublease—at the end of the original sublease; or if there is only 1 subsequent sublease—at the end of the subsequent sublease; or if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.\n(sec.355-ssec.8) Neither the original sublease nor any subsequent sublease stops being a sublease only because— under part 4 , land the subject of the sublease is taken to be a State-controlled road or a road under the control of a local government; or persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.\n(sec.355-ssec.9) This section does not stop the granting of a lease or sublease to a light rail manager for a light rail, other than under this section, of land that is not light rail land but on which there is, or is proposed to be, light rail transport infrastructure.\n(sec.355-ssec.10) Despite subsection (1) or (4) , the Minister may impose any condition on a sublease, option or subsequent sublease granted under this section that the Minister considers necessary to— achieve the objectives of this Act mentioned in section 2 ; or ensure public safety.\n(sec.355-ssec.11) A condition imposed by the Minister under subsection (10) takes effect on the day stated in a notice given, for the purposes of this subsection, by the Minister to the other party to the sublease, option or subsequent sublease.\n(sec.355-ssec.12) In this section— light rail land means light rail land that is leased to the State under the Land Act 1994 , section 17 .\n- (a) if there is no subsequent sublease—at the end of the original sublease; or\n- (b) if there is only 1 subsequent sublease—at the end of the subsequent sublease; or\n- (c) if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.\n- (a) under part 4 , land the subject of the sublease is taken to be a State-controlled road or a road under the control of a local government; or\n- (b) persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.\n- (a) achieve the objectives of this Act mentioned in section 2 ; or\n- (b) ensure public safety.","sortOrder":764},{"sectionNumber":"sec.355A","sectionType":"section","heading":"Licence in relation to light rail land or infrastructure","content":"### sec.355A Licence in relation to light rail land or infrastructure\n\nThe chief executive may, for the State, grant to a person a licence in relation to light rail land or light rail transport infrastructure for any of the following purposes—\nconstruction, maintenance or operation of any thing on the land;\nthe use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose;\nthe erection, alteration or operation of an advertising sign or other advertising device\na retail outlet\nmaintenance, management or operation of the land or infrastructure.\nA licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence.\nIf the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register.\nIf a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.\nNo fee is payable for recording a licence under subsection (3) .\nA licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive.\nDespite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit under that provision to occupy—\nlight rail land to which a licence under subsection (1) relates; or\nland on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\nSubsection (7) applies if there is any inconsistency between—\na local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and\na provision of a licence under subsection (1) .\nTo the extent of the inconsistency the provision of the licence prevails.\nTo remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section.\nIn this section—\nlight rail land includes private agreement land or State land—\non which light rail transport infrastructure is, or is proposed to be, situated; or\nrequired for the construction of light rail transport infrastructure works.\nprivate agreement land means land—\nheld by a person other than the State; and\nthat is the subject of an agreement—\nin relation to light rail transport infrastructure between the person and the State; and\nproviding for the grant of a licence under this section.\ns 355A ins 2010 No. 19 s 172\namd 2011 No. 12 s 56 ; 2014 No. 43 s 44\n(sec.355A-ssec.1) The chief executive may, for the State, grant to a person a licence in relation to light rail land or light rail transport infrastructure for any of the following purposes— construction, maintenance or operation of any thing on the land; the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; the erection, alteration or operation of an advertising sign or other advertising device a retail outlet maintenance, management or operation of the land or infrastructure.\n(sec.355A-ssec.2) A licence under subsection (1) is subject to any conditions that the chief executive considers appropriate and that are stated in the licence.\n(sec.355A-ssec.3) If the chief executive gives the registrar of titles written notice of a licence granted under subsection (1) , the registrar must record the licence against the land in the appropriate register.\n(sec.355A-ssec.3A) If a licence recorded under subsection (3) is cancelled or surrendered, the registrar of titles must record the cancellation or surrender against the land in the appropriate register.\n(sec.355A-ssec.3AA) No fee is payable for recording a licence under subsection (3) .\n(sec.355A-ssec.4) A licence under subsection (1) may be mortgaged, sublicensed or transferred with the consent of the chief executive.\n(sec.355A-ssec.5) Despite the Land Act 1994 , chapter 4 , part 4 , the chief executive of the department in which that Act is administered can not issue a permit under that provision to occupy— light rail land to which a licence under subsection (1) relates; or land on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\n(sec.355A-ssec.6) Subsection (7) applies if there is any inconsistency between— a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and a provision of a licence under subsection (1) .\n(sec.355A-ssec.7) To the extent of the inconsistency the provision of the licence prevails.\n(sec.355A-ssec.8) To remove any doubt, it is declared that the Land Act 1994 does not apply to the grant of a licence under this section.\n(sec.355A-ssec.9) In this section— light rail land includes private agreement land or State land— on which light rail transport infrastructure is, or is proposed to be, situated; or required for the construction of light rail transport infrastructure works. private agreement land means land— held by a person other than the State; and that is the subject of an agreement— in relation to light rail transport infrastructure between the person and the State; and providing for the grant of a licence under this section.\n- (a) construction, maintenance or operation of any thing on the land;\n- (b) the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; Examples— • the erection, alteration or operation of an advertising sign or other advertising device • a retail outlet\n- • the erection, alteration or operation of an advertising sign or other advertising device\n- • a retail outlet\n- (c) maintenance, management or operation of the land or infrastructure.\n- • the erection, alteration or operation of an advertising sign or other advertising device\n- • a retail outlet\n- (a) light rail land to which a licence under subsection (1) relates; or\n- (b) land on which light rail transport infrastructure to which a licence under subsection (1) relates is, or is proposed to be, situated.\n- (a) a local government’s control of a road under the Local Government Act 2009 , section 60 , other than for a matter mentioned in section 357 or 358 of this Act; and\n- (b) a provision of a licence under subsection (1) .\n- (a) on which light rail transport infrastructure is, or is proposed to be, situated; or\n- (b) required for the construction of light rail transport infrastructure works.\n- (a) held by a person other than the State; and\n- (b) that is the subject of an agreement— (i) in relation to light rail transport infrastructure between the person and the State; and (ii) providing for the grant of a licence under this section.\n- (i) in relation to light rail transport infrastructure between the person and the State; and\n- (ii) providing for the grant of a licence under this section.\n- (i) in relation to light rail transport infrastructure between the person and the State; and\n- (ii) providing for the grant of a licence under this section.","sortOrder":765},{"sectionNumber":"sec.355B","sectionType":"section","heading":"Compensation for licence granted under s 355A","content":"### sec.355B Compensation for licence granted under s 355A\n\nThis section applies if the chief executive grants a licence for a purpose under section 355A (a relevant activity ) in relation to light rail land under that section or light rail transport infrastructure.\nAn owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials.\nHowever, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive—\nafter the loss or damage happens, but within 1 year after the relevant activity ends; or\nat a later time allowed by the chief executive.\nIn the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\nThe Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nCompensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .\ns 355B ins 2011 No. 12 s 57\n(sec.355B-ssec.1) This section applies if the chief executive grants a licence for a purpose under section 355A (a relevant activity ) in relation to light rail land under that section or light rail transport infrastructure.\n(sec.355B-ssec.2) An owner or occupier of the land or infrastructure may claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials.\n(sec.355B-ssec.3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— after the loss or damage happens, but within 1 year after the relevant activity ends; or at a later time allowed by the chief executive.\n(sec.355B-ssec.4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court.\n(sec.355B-ssec.5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.355B-ssec.6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired under the Acquisition of Land Act 1967 .\n- (a) after the loss or damage happens, but within 1 year after the relevant activity ends; or\n- (b) at a later time allowed by the chief executive.","sortOrder":766},{"sectionNumber":"sec.356","sectionType":"section","heading":"Development of light rail and light rail transport infrastructure","content":"### sec.356 Development of light rail and light rail transport infrastructure\n\nThis section applies to the establishment of a light rail, including all investigating, planning, maintaining, managing, operating, and arranging for the light rail or for light rail transport infrastructure for the light rail.\nNothing in this chapter is intended to affect the operation of the Planning Act to the extent that the establishment of the light rail is development under that Act.\ns 356 ins 2000 No. 40 s 13\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch\n(sec.356-ssec.1) This section applies to the establishment of a light rail, including all investigating, planning, maintaining, managing, operating, and arranging for the light rail or for light rail transport infrastructure for the light rail.\n(sec.356-ssec.2) Nothing in this chapter is intended to affect the operation of the Planning Act to the extent that the establishment of the light rail is development under that Act.","sortOrder":767},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Management of light rail land and light rail transport infrastructure","content":"# Management of light rail land and light rail transport infrastructure","sortOrder":768},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Transport infrastructure interaction","content":"## Transport infrastructure interaction","sortOrder":769},{"sectionNumber":"sec.357","sectionType":"section","heading":"Altering road levels by a local government","content":"### sec.357 Altering road levels by a local government\n\nThe chief executive may require a local government having control of a road to alter the level of the road for—\nlight rail transport infrastructure works; or\nthe management or operation of a light rail.\nHowever, the chief executive—\nmust consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and\nsubject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.\nThe local government must comply with the chief executive’s requirements.\ns 357 ins 2000 No. 40 s 13\n(sec.357-ssec.1) The chief executive may require a local government having control of a road to alter the level of the road for— light rail transport infrastructure works; or the management or operation of a light rail.\n(sec.357-ssec.2) However, the chief executive— must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.\n(sec.357-ssec.3) The local government must comply with the chief executive’s requirements.\n- (a) light rail transport infrastructure works; or\n- (b) the management or operation of a light rail.\n- (a) must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and\n- (b) subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level.","sortOrder":770},{"sectionNumber":"sec.358","sectionType":"section","heading":"Permitted construction by local government of roads over or under light rail land","content":"### sec.358 Permitted construction by local government of roads over or under light rail land\n\nDespite section 354 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on light rail land, consisting of—\na bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or\na structure allowing traffic to pass under the level at which light rail vehicles use the light rail land.\nHowever, if there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before deciding whether to give the permission.\nThe permission may be given on reasonable conditions.\nIn deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the light rail land for light rail passenger services.\nWhile the bridge or other structure is being used for the road—\nnone of the following has any duty or liability for the road or its use or operation—\nthe chief executive;\nif there is a light rail manager for a light rail established on the light rail land, the manager;\nif there is a light rail operator for a light rail established on the light rail land, the operator; and\nthe road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and\nthe road is taken to be a road under any Act about the use of vehicles on a road.\nUnless the chief executive and the local government otherwise agree—\nthe local government is responsible for maintaining the road and the bridge or other structure; and\nif the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the light rail land.\ns 358 ins 2000 No. 40 s 13\namd 2009 No. 17 s 331 sch 1 ; 2010 No. 6 s 344 ; 2011 No. 12 s 58\n(sec.358-ssec.1) Despite section 354 (1) , the chief executive may permit a local government to construct, maintain and operate a road located on light rail land, consisting of— a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land.\n(sec.358-ssec.2) However, if there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before deciding whether to give the permission.\n(sec.358-ssec.3) The permission may be given on reasonable conditions.\n(sec.358-ssec.4) In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the light rail land for light rail passenger services.\n(sec.358-ssec.5) While the bridge or other structure is being used for the road— none of the following has any duty or liability for the road or its use or operation— the chief executive; if there is a light rail manager for a light rail established on the light rail land, the manager; if there is a light rail operator for a light rail established on the light rail land, the operator; and the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and the road is taken to be a road under any Act about the use of vehicles on a road.\n(sec.358-ssec.6) Unless the chief executive and the local government otherwise agree— the local government is responsible for maintaining the road and the bridge or other structure; and if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the light rail land.\n- (a) a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or\n- (b) a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land.\n- (a) none of the following has any duty or liability for the road or its use or operation— (i) the chief executive; (ii) if there is a light rail manager for a light rail established on the light rail land, the manager; (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; and\n- (i) the chief executive;\n- (ii) if there is a light rail manager for a light rail established on the light rail land, the manager;\n- (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; and\n- (b) the road is taken to be a road of which the local government has control under the Local Government Act 2009 , section 60 ; and\n- (c) the road is taken to be a road under any Act about the use of vehicles on a road.\n- (i) the chief executive;\n- (ii) if there is a light rail manager for a light rail established on the light rail land, the manager;\n- (iii) if there is a light rail operator for a light rail established on the light rail land, the operator; and\n- (a) the local government is responsible for maintaining the road and the bridge or other structure; and\n- (b) if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the light rail land.","sortOrder":771},{"sectionNumber":"sec.359","sectionType":"section","heading":"Designation of light rail land for use as road under local government control","content":"### sec.359 Designation of light rail land for use as road under local government control\n\nDespite section 354 (1) , the chief executive may, by gazette notice, designate light rail land described in the notice as light rail land that is to be used as a road under a local government’s control.\nThe chief executive must also—\ngive a copy of the notice to the local government; and\npublish a copy of the notice in a newspaper circulating generally in the area of the light rail land.\nIf there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before designating the light rail land under the notice.\nThe land described in the notice must be land generally suitable for both of the following—\nuse as a road;\nthe operation of a light rail.\nThe notice may include directions with which the local government must comply, including directions about the local government’s exercise of powers under the Local Government Act 2009 for roads it controls.\nHowever, the chief executive must consult with the local government before including any directions in the notice.\nWhile the notice is in force, the land described in the notice is taken to be—\na road of which the local government has control under the Local Government Act 2009 , section 60 ; and\na road under any Act about the use of vehicles on a road.\nHowever, in acting under the Local Government Act 2009 , section 60 , the local government must comply with all directions included in the notice, including the notice as amended from time to time.\ns 359 ins 2000 No. 40 s 13\namd 2009 No. 17 s 331 sch 1\n(sec.359-ssec.1) Despite section 354 (1) , the chief executive may, by gazette notice, designate light rail land described in the notice as light rail land that is to be used as a road under a local government’s control.\n(sec.359-ssec.2) The chief executive must also— give a copy of the notice to the local government; and publish a copy of the notice in a newspaper circulating generally in the area of the light rail land.\n(sec.359-ssec.3) If there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before designating the light rail land under the notice.\n(sec.359-ssec.4) The land described in the notice must be land generally suitable for both of the following— use as a road; the operation of a light rail.\n(sec.359-ssec.5) The notice may include directions with which the local government must comply, including directions about the local government’s exercise of powers under the Local Government Act 2009 for roads it controls.\n(sec.359-ssec.6) However, the chief executive must consult with the local government before including any directions in the notice.\n(sec.359-ssec.7) While the notice is in force, the land described in the notice is taken to be— a road of which the local government has control under the Local Government Act 2009 , section 60 ; and a road under any Act about the use of vehicles on a road.\n(sec.359-ssec.8) However, in acting under the Local Government Act 2009 , section 60 , the local government must comply with all directions included in the notice, including the notice as amended from time to time.\n- (a) give a copy of the notice to the local government; and\n- (b) publish a copy of the notice in a newspaper circulating generally in the area of the light rail land.\n- (a) use as a road;\n- (b) the operation of a light rail.\n- (a) a road of which the local government has control under the Local Government Act 2009 , section 60 ; and\n- (b) a road under any Act about the use of vehicles on a road.","sortOrder":772},{"sectionNumber":"sec.360","sectionType":"section","heading":"Designation of light rail land for use as State-controlled road","content":"### sec.360 Designation of light rail land for use as State-controlled road\n\nDespite section 354 (1) , the Minister may, by gazette notice, designate light rail land described in the notice as light rail land to be used as a State-controlled road.\nThe Minister must also publish a copy of the notice in a newspaper circulating generally in the area of the light rail land.\nIf there is a light rail manager for a light rail established on the light rail land, the Minister must be satisfied the department has consulted with the manager before designating the light rail land under the notice.\nThe land described in the notice must be land generally suitable for both of the following—\nuse as a State-controlled road;\nthe operation of a light rail.\nThe notice may include operational arrangements applying to the use of the light rail land as a State-controlled road.\nWhile the notice is in force, the land described in the notice is, except to the extent provided for in the notice, taken to be—\na State-controlled road for the provisions of this Act, other than chapter 6 , part 2 , division 1 and part 5 , division 3 , and of any other Act, applying to State-controlled roads; and\na road under any Act about the use of vehicles on a road.\ns 360 ins 2000 No. 40 s 13 ; 2017 No. 25 s 5 5\namd 2017 No. 25 s 5 7\n(sec.360-ssec.1) Despite section 354 (1) , the Minister may, by gazette notice, designate light rail land described in the notice as light rail land to be used as a State-controlled road.\n(sec.360-ssec.2) The Minister must also publish a copy of the notice in a newspaper circulating generally in the area of the light rail land.\n(sec.360-ssec.3) If there is a light rail manager for a light rail established on the light rail land, the Minister must be satisfied the department has consulted with the manager before designating the light rail land under the notice.\n(sec.360-ssec.4) The land described in the notice must be land generally suitable for both of the following— use as a State-controlled road; the operation of a light rail.\n(sec.360-ssec.5) The notice may include operational arrangements applying to the use of the light rail land as a State-controlled road.\n(sec.360-ssec.6) While the notice is in force, the land described in the notice is, except to the extent provided for in the notice, taken to be— a State-controlled road for the provisions of this Act, other than chapter 6 , part 2 , division 1 and part 5 , division 3 , and of any other Act, applying to State-controlled roads; and a road under any Act about the use of vehicles on a road.\n- (a) use as a State-controlled road;\n- (b) the operation of a light rail.\n- (a) a State-controlled road for the provisions of this Act, other than chapter 6 , part 2 , division 1 and part 5 , division 3 , and of any other Act, applying to State-controlled roads; and\n- (b) a road under any Act about the use of vehicles on a road.","sortOrder":773},{"sectionNumber":"sec.360A","sectionType":"section","heading":"Powers of chief executive for light rail transport infrastructure works contracts etc.","content":"### sec.360A Powers of chief executive for light rail transport infrastructure works contracts etc.\n\nThe chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of—\nlight rail transport infrastructure works on a light rail or on land that is intended to become a light rail; or\nworks on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or\nother works that contribute to the effectiveness and efficiency of the light rail network; or\nthe operation of a light rail; or\nthe operation of a public passenger service using light rail transport infrastructure.\nThe chief executive, for the State, may enter into contracts with other persons for light rail transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned.\nA contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the light rail.\nA local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\nThe chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a light rail at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\nThis section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of light rail transport infrastructure works of a minor or emergency nature.\nIn carrying out works or the operation of a light rail, the chief executive must ensure that the carrying out is done on a value for money basis.\nIn entering into contracts under this section, the chief executive must ensure that open competition is encouraged.\nSubsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.\nThe chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of—\nacquisition of land for light rail transport infrastructure; or\nlight rail transport infrastructure works on a light rail or land that is intended to become a light rail; or\nworks on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or\nother works that contribute to the effectiveness and efficiency of the light rail network; or\nthe operation of a light rail; or\nthe operation of a public passenger service using light rail transport infrastructure;\nincluding all necessary preliminary costs associated with the acquisition, works or operation.\ns 360A ins 2008 No. 67 s 265\namd 2010 No. 19 s 173 ; 2011 No. 12 s 59\n(sec.360A-ssec.1) The chief executive may, for the State, carry out or enter into contracts with other persons for the carrying out of— light rail transport infrastructure works on a light rail or on land that is intended to become a light rail; or works on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or other works that contribute to the effectiveness and efficiency of the light rail network; or the operation of a light rail; or the operation of a public passenger service using light rail transport infrastructure.\n(sec.360A-ssec.2) The chief executive, for the State, may enter into contracts with other persons for light rail transport infrastructure works to be carried out outside the State under an agreement between the State and the other State concerned.\n(sec.360A-ssec.3) A contract with a local government under this section may include arrangements about which powers of the local government are to be exercised by the chief executive, and which are to be exercised by the local government, for the light rail.\n(sec.360A-ssec.4) A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.\n(sec.360A-ssec.5) The chief executive, for the State, may carry out or enter into contracts for works on or adjacent to a light rail at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.\n(sec.360A-ssec.6) This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of light rail transport infrastructure works of a minor or emergency nature.\n(sec.360A-ssec.7) In carrying out works or the operation of a light rail, the chief executive must ensure that the carrying out is done on a value for money basis.\n(sec.360A-ssec.8) In entering into contracts under this section, the chief executive must ensure that open competition is encouraged.\n(sec.360A-ssec.9) Subsection (8) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.\n(sec.360A-ssec.10) The chief executive may arrange with another person for the sharing by the chief executive with the other person of the cost of— acquisition of land for light rail transport infrastructure; or light rail transport infrastructure works on a light rail or land that is intended to become a light rail; or works on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or other works that contribute to the effectiveness and efficiency of the light rail network; or the operation of a light rail; or the operation of a public passenger service using light rail transport infrastructure; including all necessary preliminary costs associated with the acquisition, works or operation.\n- (a) light rail transport infrastructure works on a light rail or on land that is intended to become a light rail; or\n- (b) works on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or\n- (c) other works that contribute to the effectiveness and efficiency of the light rail network; or\n- (d) the operation of a light rail; or\n- (e) the operation of a public passenger service using light rail transport infrastructure.\n- (a) acquisition of land for light rail transport infrastructure; or\n- (b) light rail transport infrastructure works on a light rail or land that is intended to become a light rail; or\n- (c) works on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or\n- (d) other works that contribute to the effectiveness and efficiency of the light rail network; or\n- (e) the operation of a light rail; or\n- (f) the operation of a public passenger service using light rail transport infrastructure;","sortOrder":774},{"sectionNumber":"sec.361","sectionType":"section","heading":"No presumption of dedication of road","content":"### sec.361 No presumption of dedication of road\n\nThis section applies if the public uses light rail land as a road, or for access purposes other than as a road.\nThe light rail land does not at law, either because the use is authorised or permitted by the chief executive or for another reason, become dedicated to public use as a road.\ns 361 ins 2000 No. 40 s 13\n(sec.361-ssec.1) This section applies if the public uses light rail land as a road, or for access purposes other than as a road.\n(sec.361-ssec.2) The light rail land does not at law, either because the use is authorised or permitted by the chief executive or for another reason, become dedicated to public use as a road.","sortOrder":775},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Interfering with light rail transport infrastructure","content":"## Interfering with light rail transport infrastructure","sortOrder":776},{"sectionNumber":"sec.361A","sectionType":"section","heading":"Definition for div 2","content":"### sec.361A Definition for div 2\n\nIn this division—\ninterfere with , light rail transport infrastructure, includes carrying out works on the infrastructure.\ns 361A ins 2010 No. 19 s 174","sortOrder":777},{"sectionNumber":"sec.362","sectionType":"section","heading":"Interfering with light rail transport infrastructure or works","content":"### sec.362 Interfering with light rail transport infrastructure or works\n\nA person must not interfere with light rail transport infrastructure or light rail transport infrastructure works, unless—\nthe person has the written approval of—\nfor light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\nfor light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\notherwise—the chief executive; or\nthe interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or\nthe interference is otherwise authorised under this Act or another Act.\nMaximum penalty—160 penalty units.\nSubsection (1) applies even if the interference is for the carrying out of functions that apart from subsection (1) are lawful on light rail land that, under division 1 , is taken to be—\na road of which a local government has control under the Local Government Act 2009 , section 60 ; or\na State-controlled road for provisions of any Act applying to State-controlled roads.\nAn approval under subsection (1) (a) may be given on reasonable conditions.\nHowever, a light rail manager for a light rail may give the approval only if the chief executive—\nhas been consulted about the giving of the approval; and\nhas approved all conditions to which the approval is subject.\nThe person given the approval must comply with the conditions of the approval.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to the carrying out of urgent maintenance of a light rail or light rail transport infrastructure.\ns 362 ins 2000 No. 40 s 13\namd 2010 No. 19 s 175 ; 2009 No. 17 s 331 sch 1\n(sec.362-ssec.1) A person must not interfere with light rail transport infrastructure or light rail transport infrastructure works, unless— the person has the written approval of— for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or otherwise—the chief executive; or the interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or the interference is otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units.\n(sec.362-ssec.2) Subsection (1) applies even if the interference is for the carrying out of functions that apart from subsection (1) are lawful on light rail land that, under division 1 , is taken to be— a road of which a local government has control under the Local Government Act 2009 , section 60 ; or a State-controlled road for provisions of any Act applying to State-controlled roads.\n(sec.362-ssec.3) An approval under subsection (1) (a) may be given on reasonable conditions.\n(sec.362-ssec.4) However, a light rail manager for a light rail may give the approval only if the chief executive— has been consulted about the giving of the approval; and has approved all conditions to which the approval is subject.\n(sec.362-ssec.5) The person given the approval must comply with the conditions of the approval. Maximum penalty—40 penalty units.\n(sec.362-ssec.6) Subsection (1) does not apply to the carrying out of urgent maintenance of a light rail or light rail transport infrastructure.\n- (a) the person has the written approval of— (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or (iii) otherwise—the chief executive; or\n- (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\n- (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\n- (iii) otherwise—the chief executive; or\n- (b) the interference is for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or\n- (c) the interference is otherwise authorised under this Act or another Act.\n- (i) for light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\n- (ii) for light rail transport infrastructure works constructed or maintained for, or that facilitate operation of, light rail transport infrastructure for light rail for which there is a light rail manager—the manager; or\n- (iii) otherwise—the chief executive; or\n- (a) a road of which a local government has control under the Local Government Act 2009 , section 60 ; or\n- (b) a State-controlled road for provisions of any Act applying to State-controlled roads.\n- (a) has been consulted about the giving of the approval; and\n- (b) has approved all conditions to which the approval is subject.","sortOrder":778},{"sectionNumber":"sec.363","sectionType":"section","heading":"Rectifying unauthorised interference","content":"### sec.363 Rectifying unauthorised interference\n\nThis section applies if a person (the identified person ) interferes with light rail transport infrastructure or light rail transport infrastructure works in contravention of section 362 (1) .\nIf there is a light rail manager for a light rail established for the light rail transport infrastructure or for light rail transport infrastructure to which the light rail transport infrastructure works relate, the manager may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time.\nThe light rail manager may give the identified person the notice only if the chief executive—\nhas been consulted about the giving of the notice; and\nhas approved the terms of the notice.\nIf subsection (2) does not apply, the chief executive may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time.\nThe identified person must comply with a notice given under subsection (2) or (4) , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the identified person does not comply with the notice, the person who gave the notice (the notifier ) may rectify the interference.\nThe identified person must pay the amount of the notifier’s reasonable costs of—\nrectifying the interference; or\nchanging the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference.\nThe notifier may recover the amount as a debt.\nIn this section—\nrectify the interference includes the following—\nalter, dismantle or take away works;\nfix damage caused by the interference;\nfor interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works.\ns 363 ins 2000 No. 40 s 13\namd 2010 No. 19 s 176\n(sec.363-ssec.1) This section applies if a person (the identified person ) interferes with light rail transport infrastructure or light rail transport infrastructure works in contravention of section 362 (1) .\n(sec.363-ssec.2) If there is a light rail manager for a light rail established for the light rail transport infrastructure or for light rail transport infrastructure to which the light rail transport infrastructure works relate, the manager may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time.\n(sec.363-ssec.3) The light rail manager may give the identified person the notice only if the chief executive— has been consulted about the giving of the notice; and has approved the terms of the notice.\n(sec.363-ssec.4) If subsection (2) does not apply, the chief executive may give a written notice to the identified person requiring the person to rectify the interference within a stated reasonable time.\n(sec.363-ssec.5) The identified person must comply with a notice given under subsection (2) or (4) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.363-ssec.6) If the identified person does not comply with the notice, the person who gave the notice (the notifier ) may rectify the interference.\n(sec.363-ssec.7) The identified person must pay the amount of the notifier’s reasonable costs of— rectifying the interference; or changing the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference.\n(sec.363-ssec.8) The notifier may recover the amount as a debt.\n(sec.363-ssec.9) In this section— rectify the interference includes the following— alter, dismantle or take away works; fix damage caused by the interference; for interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works.\n- (a) has been consulted about the giving of the notice; and\n- (b) has approved the terms of the notice.\n- (a) rectifying the interference; or\n- (b) changing the way the light rail transport infrastructure is built, maintained or operated, or the way the light the light rail transport infrastructure works are done, because of the interference.\n- (a) alter, dismantle or take away works;\n- (b) fix damage caused by the interference;\n- (c) for interference involving the carrying out of works on light rail transport infrastructure—rectify the effect of the carrying out of the works.","sortOrder":779},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Public utility plant","content":"## Public utility plant","sortOrder":780},{"sectionNumber":"sec.364","sectionType":"section","heading":"Definitions for div 3","content":"### sec.364 Definitions for div 3\n\nIn this division—\nlight rail authority , for light rail land, means—\nif there is a light rail manager for a light rail established, or proposed to be established, on the light rail land—each of the following—\nthe chief executive;\nthe light rail manager; or\notherwise—the chief executive.\nbusway land ...\ns 364 def busway land om 2010 No. 19 s 207 (1)\nlight rail land includes land that is State land, or private agreement land, on which light rail transport infrastructure is, or is proposed to be, situated.\nInformation about projects and initiatives involving light rail land is available on the department’s website.\ns 364 def light rail land sub 2010 No. 19 s 207\namd 2011 No. 12 s 60 (1) ; 2019 No. 25 s 11 sch 1\nIn this section—\nprivate agreement land means land—\nheld by a person other than the State; and\nthat is subject to an agreement, in relation to public utility plant, between the person and the State.\ns 364 ins 2000 No. 40 s 13\namd 2011 No. 12 s 60 (2)\n(sec.364-ssec.1) In this division— light rail authority , for light rail land, means— if there is a light rail manager for a light rail established, or proposed to be established, on the light rail land—each of the following— the chief executive; the light rail manager; or otherwise—the chief executive. busway land ... s 364 def busway land om 2010 No. 19 s 207 (1) light rail land includes land that is State land, or private agreement land, on which light rail transport infrastructure is, or is proposed to be, situated. Information about projects and initiatives involving light rail land is available on the department’s website. s 364 def light rail land sub 2010 No. 19 s 207 amd 2011 No. 12 s 60 (1) ; 2019 No. 25 s 11 sch 1\n(sec.364-ssec.2) In this section— private agreement land means land— held by a person other than the State; and that is subject to an agreement, in relation to public utility plant, between the person and the State.\n- (a) if there is a light rail manager for a light rail established, or proposed to be established, on the light rail land—each of the following— (i) the chief executive; (ii) the light rail manager; or\n- (i) the chief executive;\n- (ii) the light rail manager; or\n- (b) otherwise—the chief executive.\n- (i) the chief executive;\n- (ii) the light rail manager; or\n- (a) held by a person other than the State; and\n- (b) that is subject to an agreement, in relation to public utility plant, between the person and the State.","sortOrder":781},{"sectionNumber":"sec.365","sectionType":"section","heading":"Retention of ownership of public utility plant","content":"### sec.365 Retention of ownership of public utility plant\n\nThis section applies if, immediately before the declaration of land as light rail land under section 353 , public utility plant is located on the land.\nThe declaration does not affect the ownership of the public utility plant.\ns 365 ins 2000 No. 40 s 13\namd 2010 No. 19 s 208\n(sec.365-ssec.1) This section applies if, immediately before the declaration of land as light rail land under section 353 , public utility plant is located on the land.\n(sec.365-ssec.2) The declaration does not affect the ownership of the public utility plant.","sortOrder":782},{"sectionNumber":"sec.366","sectionType":"section","heading":"Public utility plant on light rail land","content":"### sec.366 Public utility plant on light rail land\n\nA public utility provider may do the following things on light rail land—\nbuild, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\nmaintain or repair, or alter, for maintenance or repair, its public utility plant;\ntake reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\nHowever, the provider may do things mentioned in subsection (1) only if each light rail authority for the light rail land agrees in writing.\nA light rail authority must not unreasonably withhold agreement.\nDespite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on light rail land without the written agreement of each light rail authority for the light rail land, but only if the provider—\nmakes all reasonable attempts to obtain each authority’s oral agreement to the carrying out of the maintenance; and\nwhether or not each authority’s oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out.\nBuilding or altering public utility plant does not affect the ownership of the plant.\ns 366 ins 2000 No. 40 s 13\n(sec.366-ssec.1) A public utility provider may do the following things on light rail land— build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; maintain or repair, or alter, for maintenance or repair, its public utility plant; take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n(sec.366-ssec.2) However, the provider may do things mentioned in subsection (1) only if each light rail authority for the light rail land agrees in writing.\n(sec.366-ssec.3) A light rail authority must not unreasonably withhold agreement.\n(sec.366-ssec.4) Despite subsection (2) , a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on light rail land without the written agreement of each light rail authority for the light rail land, but only if the provider— makes all reasonable attempts to obtain each authority’s oral agreement to the carrying out of the maintenance; and whether or not each authority’s oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out.\n(sec.366-ssec.5) Building or altering public utility plant does not affect the ownership of the plant.\n- (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant;\n- (b) maintain or repair, or alter, for maintenance or repair, its public utility plant;\n- (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.\n- (a) makes all reasonable attempts to obtain each authority’s oral agreement to the carrying out of the maintenance; and\n- (b) whether or not each authority’s oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out.","sortOrder":783},{"sectionNumber":"sec.367","sectionType":"section","heading":"Chief executive must give provider information","content":"### sec.367 Chief executive must give provider information\n\nIf asked in writing by a public utility provider, the chief executive must give the provider information about lines and levels for planned light rail transport infrastructure on light rail land necessary to enable the provider to minimise possible adverse effects of the establishment of the infrastructure on the provider’s works.\ns 367 ins 2000 No. 40 s 13\namd 2014 No. 43 s 117 sch 1","sortOrder":784},{"sectionNumber":"sec.368","sectionType":"section","heading":"Public utility provider to consult with light rail authority before replacing public utility plant","content":"### sec.368 Public utility provider to consult with light rail authority before replacing public utility plant\n\nIf a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on light rail land, the provider must, before seeking written agreement under section 366 , consult with each entity that is a light rail authority for the light rail land.\nThe object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the light rail land.\ns 368 ins 2000 No. 40 s 13\namd 2010 No. 19 s 209\n(sec.368-ssec.1) If a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on light rail land, the provider must, before seeking written agreement under section 366 , consult with each entity that is a light rail authority for the light rail land.\n(sec.368-ssec.2) The object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the light rail land.","sortOrder":785},{"sectionNumber":"sec.369","sectionType":"section","heading":"Public utility provider to comply with light rail authority’s agreement","content":"### sec.369 Public utility provider to comply with light rail authority’s agreement\n\nThis section applies if, in relation to light rail land, a public utility provider does something mentioned in section 366 (1) (the relevant action )—\nwithout the written or oral agreement of a light rail authority required under section 366 ; or\nin a way inconsistent with an agreement with a light rail authority for the light rail land; or\nin a way inconsistent with a regulation about how things mentioned in section 366 (1) are to be done.\nIf this section applies because of subsection (1) (a) or (b) , the light rail authority may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\nIf this section applies because of subsection (1) (c) , the chief executive may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\nThe time stated in a notice under subsection (2) or (3) must be a time that is reasonable in the circumstances.\nIf the provider does not comply with the notice, the light rail authority giving the notice to the provider may arrange for action the authority considers necessary to remedy the relevant action.\nThe light rail authority’s reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the light rail authority.\ns 369 ins 2000 No. 40 s 13\n(sec.369-ssec.1) This section applies if, in relation to light rail land, a public utility provider does something mentioned in section 366 (1) (the relevant action )— without the written or oral agreement of a light rail authority required under section 366 ; or in a way inconsistent with an agreement with a light rail authority for the light rail land; or in a way inconsistent with a regulation about how things mentioned in section 366 (1) are to be done.\n(sec.369-ssec.2) If this section applies because of subsection (1) (a) or (b) , the light rail authority may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\n(sec.369-ssec.3) If this section applies because of subsection (1) (c) , the chief executive may, by written notice given to the public utility provider, require the provider, at the provider’s cost, and within the time stated in the notice, to take action to remedy the relevant action.\n(sec.369-ssec.4) The time stated in a notice under subsection (2) or (3) must be a time that is reasonable in the circumstances.\n(sec.369-ssec.5) If the provider does not comply with the notice, the light rail authority giving the notice to the provider may arrange for action the authority considers necessary to remedy the relevant action.\n(sec.369-ssec.6) The light rail authority’s reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the light rail authority.\n- (a) without the written or oral agreement of a light rail authority required under section 366 ; or\n- (b) in a way inconsistent with an agreement with a light rail authority for the light rail land; or\n- (c) in a way inconsistent with a regulation about how things mentioned in section 366 (1) are to be done.","sortOrder":786},{"sectionNumber":"sec.370","sectionType":"section","heading":"Chief executive may require public utility provider to alter position of public utility plant","content":"### sec.370 Chief executive may require public utility provider to alter position of public utility plant\n\nThe chief executive may require a public utility provider to alter the position of the provider’s public utility plant on light rail land if the chief executive considers that the plant will interfere with the exercise of the chief executive’s powers for the light rail land.\nThe chief executive is responsible only for the cost of altering the position of the public utility plant.\ns 370 ins 2000 No. 40 s 13\n(sec.370-ssec.1) The chief executive may require a public utility provider to alter the position of the provider’s public utility plant on light rail land if the chief executive considers that the plant will interfere with the exercise of the chief executive’s powers for the light rail land.\n(sec.370-ssec.2) The chief executive is responsible only for the cost of altering the position of the public utility plant.","sortOrder":787},{"sectionNumber":"sec.371","sectionType":"section","heading":"Information by public utility provider to light rail authority","content":"### sec.371 Information by public utility provider to light rail authority\n\nIf, in relation to public utility plant on light rail land, a public utility provider does something mentioned in section 366 (1) , the provider must prepare records adequately defining the location of the plant.\nA public utility provider owning public utility plant located on light rail land must, if asked by a light rail authority for the light rail land, give the light rail authority information adequately defining the location of the plant.\nMaximum penalty for subsection (2) —40 penalty units.\ns 371 ins 2000 No. 40 s 13\namd 2010 No. 19 s 210\n(sec.371-ssec.1) If, in relation to public utility plant on light rail land, a public utility provider does something mentioned in section 366 (1) , the provider must prepare records adequately defining the location of the plant.\n(sec.371-ssec.2) A public utility provider owning public utility plant located on light rail land must, if asked by a light rail authority for the light rail land, give the light rail authority information adequately defining the location of the plant. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":788},{"sectionNumber":"sec.372","sectionType":"section","heading":"Liability for damage caused by failure to comply with request for information","content":"### sec.372 Liability for damage caused by failure to comply with request for information\n\nThis section applies if—\na light rail authority for light rail land causes damage to public utility plant located on the light rail land; and\nbefore the damage was caused, the light rail authority had asked for information under section 371 (2) from the public utility provider owning the public utility plant; and\nthe provider had not, within a reasonable time, complied with the request; and\nthe damage was caused because of the failure to comply with the request.\nUnless the light rail authority otherwise agrees, the authority is not liable for the damage.\ns 372 ins 2000 No. 40 s 13\n(sec.372-ssec.1) This section applies if— a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and before the damage was caused, the light rail authority had asked for information under section 371 (2) from the public utility provider owning the public utility plant; and the provider had not, within a reasonable time, complied with the request; and the damage was caused because of the failure to comply with the request.\n(sec.372-ssec.2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage.\n- (a) a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and\n- (b) before the damage was caused, the light rail authority had asked for information under section 371 (2) from the public utility provider owning the public utility plant; and\n- (c) the provider had not, within a reasonable time, complied with the request; and\n- (d) the damage was caused because of the failure to comply with the request.","sortOrder":789},{"sectionNumber":"sec.373","sectionType":"section","heading":"Liability for damage caused by failure to give enough detail about location of public utility plant","content":"### sec.373 Liability for damage caused by failure to give enough detail about location of public utility plant\n\nThis section applies if—\na light rail authority for light rail land cause damage to public utility plant located on the light rail land; and\ninformation supplied to the light rail authority under section 371 (2) did not define in enough detail the location of the plant; and\nthe damage was caused because of the failure to define in enough detail the location of the plant.\nUnless the light rail authority otherwise agrees, the authority is not liable for the damage.\ns 373 ins 2000 No. 40 s 13\n(sec.373-ssec.1) This section applies if— a light rail authority for light rail land cause damage to public utility plant located on the light rail land; and information supplied to the light rail authority under section 371 (2) did not define in enough detail the location of the plant; and the damage was caused because of the failure to define in enough detail the location of the plant.\n(sec.373-ssec.2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage.\n- (a) a light rail authority for light rail land cause damage to public utility plant located on the light rail land; and\n- (b) information supplied to the light rail authority under section 371 (2) did not define in enough detail the location of the plant; and\n- (c) the damage was caused because of the failure to define in enough detail the location of the plant.","sortOrder":790},{"sectionNumber":"sec.374","sectionType":"section","heading":"Liability for damage caused because of failure to comply with light rail authority’s requirements","content":"### sec.374 Liability for damage caused because of failure to comply with light rail authority’s requirements\n\nThis section applies if—\na light rail authority for light rail land causes damage to public utility plant located on the light rail land; and\nthe damage was caused because the public utility provider owning the plant did something mentioned in section 366 (1) in relation to the plant other than under the light rail authority’s requirements under this division.\nUnless the light rail authority otherwise agrees, the authority is not liable for the damage.\ns 374 ins 2000 No. 40 s 13\namd 2009 No. 47 s 5 sch\n(sec.374-ssec.1) This section applies if— a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and the damage was caused because the public utility provider owning the plant did something mentioned in section 366 (1) in relation to the plant other than under the light rail authority’s requirements under this division.\n(sec.374-ssec.2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage.\n- (a) a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and\n- (b) the damage was caused because the public utility provider owning the plant did something mentioned in section 366 (1) in relation to the plant other than under the light rail authority’s requirements under this division.","sortOrder":791},{"sectionNumber":"sec.375","sectionType":"section","heading":"Liability of public utility provider to pay additional expenses incurred by light rail authority","content":"### sec.375 Liability of public utility provider to pay additional expenses incurred by light rail authority\n\nThis section applies if a light rail authority for light rail land incurs additional expense in carrying out light rail transport infrastructure works on the light rail land because a public utility provider—\ndid not supply within a reasonable time information asked for by the authority under section 371 (2) ; or\nin supplying information to the authority, did not define in enough detail the location of public utility plant; or\ndid something mentioned in section 366 (1) in relation to public utility plant other than under the authority’s requirements under this division.\nThe public utility provider is liable to pay the light rail authority the additional expense.\ns 375 ins 2000 No. 40 s 13\n(sec.375-ssec.1) This section applies if a light rail authority for light rail land incurs additional expense in carrying out light rail transport infrastructure works on the light rail land because a public utility provider— did not supply within a reasonable time information asked for by the authority under section 371 (2) ; or in supplying information to the authority, did not define in enough detail the location of public utility plant; or did something mentioned in section 366 (1) in relation to public utility plant other than under the authority’s requirements under this division.\n(sec.375-ssec.2) The public utility provider is liable to pay the light rail authority the additional expense.\n- (a) did not supply within a reasonable time information asked for by the authority under section 371 (2) ; or\n- (b) in supplying information to the authority, did not define in enough detail the location of public utility plant; or\n- (c) did something mentioned in section 366 (1) in relation to public utility plant other than under the authority’s requirements under this division.","sortOrder":792},{"sectionNumber":"sec.376","sectionType":"section","heading":"Replacement or reconstruction of public utility plant","content":"### sec.376 Replacement or reconstruction of public utility plant\n\nIf the carrying out of light rail transport infrastructure works by or for a light rail authority for light rail land requires taking away or replacing public utility plant, the light rail authority can not be compelled to replace or reconstruct the plant in its previous location and form.\nIf the plant is replaced or reconstructed—\nit must be done under the light rail authority’s requirements; and\nit must be at the authority’s expense, but the cost to the authority of replacement or reconstruction may be reduced by agreement between the authority and the public utility provider owning the plant after taking into account—\nthe remaining life of the plant; and\nthe salvage or scrap value of the plant; and\nadditional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\nadditional expense incurred because the plant was not constructed in accordance with the authority’s requirements.\ns 376 ins 2000 No. 40 s 13\n(sec.376-ssec.1) If the carrying out of light rail transport infrastructure works by or for a light rail authority for light rail land requires taking away or replacing public utility plant, the light rail authority can not be compelled to replace or reconstruct the plant in its previous location and form.\n(sec.376-ssec.2) If the plant is replaced or reconstructed— it must be done under the light rail authority’s requirements; and it must be at the authority’s expense, but the cost to the authority of replacement or reconstruction may be reduced by agreement between the authority and the public utility provider owning the plant after taking into account— the remaining life of the plant; and the salvage or scrap value of the plant; and additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and additional expense incurred because the plant was not constructed in accordance with the authority’s requirements.\n- (a) it must be done under the light rail authority’s requirements; and\n- (b) it must be at the authority’s expense, but the cost to the authority of replacement or reconstruction may be reduced by agreement between the authority and the public utility provider owning the plant after taking into account— (i) the remaining life of the plant; and (ii) the salvage or scrap value of the plant; and (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and (iv) additional expense incurred because the plant was not constructed in accordance with the authority’s requirements.\n- (i) the remaining life of the plant; and\n- (ii) the salvage or scrap value of the plant; and\n- (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\n- (iv) additional expense incurred because the plant was not constructed in accordance with the authority’s requirements.\n- (i) the remaining life of the plant; and\n- (ii) the salvage or scrap value of the plant; and\n- (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and\n- (iv) additional expense incurred because the plant was not constructed in accordance with the authority’s requirements.","sortOrder":793},{"sectionNumber":"ch.10-pt.4-div.4","sectionType":"division","heading":"Use of light rail or light rail transport infrastructure","content":"## Use of light rail or light rail transport infrastructure","sortOrder":794},{"sectionNumber":"sec.377","sectionType":"section","heading":"Trespass on light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site","content":"### sec.377 Trespass on light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site\n\nA person must not, without reasonable excuse, be on a light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site unless the person has the relevant person’s permission to be on the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\nMaximum penalty—40 penalty units.\nFor subsection (1) , permission may be given, for example—\nexpressly, by—\nsigns, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site; or\nsigns designating the hours during which the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site may be used by pedestrians to access a public passenger service; or\nsigns, markings or signals designating a part of the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site as being open to traffic or to a member of the public to access a public passenger service; or\nimpliedly, by the absence of demarcation between ordinary road and the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\nSubsection (1) does not apply to a person who is on light rail land if, under division 1 , the light rail land is taken to be—\na road of which a local government has control under the Local Government Act 2009 , section 60 ; or\na State-controlled road.\nA regulation may include rules about the use of a light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site by—\nlight rail vehicles; or\npersons having the permission of the chief executive to be on the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\nIn this section—\nlight rail land includes land—\nheld by the chief executive on behalf of the State; and\non which light rail transport infrastructure is situated.\nlight rail transport infrastructure works site means land on which light rail transport infrastructure works are situated.\nrelevant person means—\nfor a light rail, light rail land on which there is a light rail, or light rail transport infrastructure used for a light rail, for which there is a light rail manager—the manager; or\nfor a light rail, light rail land or light rail transport infrastructure to which paragraph (a) does not apply—the chief executive; or\nfor a light rail transport infrastructure works site for light rail transport infrastructure works relating to a light rail for which there is a light rail manager—the manager; or\nfor a light rail transport infrastructure works site to which paragraph (c) does not apply—the chief executive.\ns 377 ins 2000 No. 40 s 13\nsub 2008 No. 67 s 266\namd 2010 No. 19 s 177 ; 2009 No. 17 s 331 sch 1\n(sec.377-ssec.1) A person must not, without reasonable excuse, be on a light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site unless the person has the relevant person’s permission to be on the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site. Maximum penalty—40 penalty units.\n(sec.377-ssec.2) For subsection (1) , permission may be given, for example— expressly, by— signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site; or signs designating the hours during which the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site may be used by pedestrians to access a public passenger service; or signs, markings or signals designating a part of the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site as being open to traffic or to a member of the public to access a public passenger service; or impliedly, by the absence of demarcation between ordinary road and the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\n(sec.377-ssec.3) Subsection (1) does not apply to a person who is on light rail land if, under division 1 , the light rail land is taken to be— a road of which a local government has control under the Local Government Act 2009 , section 60 ; or a State-controlled road.\n(sec.377-ssec.4) A regulation may include rules about the use of a light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site by— light rail vehicles; or persons having the permission of the chief executive to be on the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\n(sec.377-ssec.5) In this section— light rail land includes land— held by the chief executive on behalf of the State; and on which light rail transport infrastructure is situated. light rail transport infrastructure works site means land on which light rail transport infrastructure works are situated. relevant person means— for a light rail, light rail land on which there is a light rail, or light rail transport infrastructure used for a light rail, for which there is a light rail manager—the manager; or for a light rail, light rail land or light rail transport infrastructure to which paragraph (a) does not apply—the chief executive; or for a light rail transport infrastructure works site for light rail transport infrastructure works relating to a light rail for which there is a light rail manager—the manager; or for a light rail transport infrastructure works site to which paragraph (c) does not apply—the chief executive.\n- (a) expressly, by— (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site; or (ii) signs designating the hours during which the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site may be used by pedestrians to access a public passenger service; or (iii) signs, markings or signals designating a part of the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site as being open to traffic or to a member of the public to access a public passenger service; or\n- (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site; or\n- (ii) signs designating the hours during which the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site may be used by pedestrians to access a public passenger service; or\n- (iii) signs, markings or signals designating a part of the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site as being open to traffic or to a member of the public to access a public passenger service; or\n- (b) impliedly, by the absence of demarcation between ordinary road and the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\n- (i) signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site; or\n- (ii) signs designating the hours during which the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site may be used by pedestrians to access a public passenger service; or\n- (iii) signs, markings or signals designating a part of the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site as being open to traffic or to a member of the public to access a public passenger service; or\n- (a) a road of which a local government has control under the Local Government Act 2009 , section 60 ; or\n- (b) a State-controlled road.\n- (a) light rail vehicles; or\n- (b) persons having the permission of the chief executive to be on the light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.\n- (a) held by the chief executive on behalf of the State; and\n- (b) on which light rail transport infrastructure is situated.\n- (a) for a light rail, light rail land on which there is a light rail, or light rail transport infrastructure used for a light rail, for which there is a light rail manager—the manager; or\n- (b) for a light rail, light rail land or light rail transport infrastructure to which paragraph (a) does not apply—the chief executive; or\n- (c) for a light rail transport infrastructure works site for light rail transport infrastructure works relating to a light rail for which there is a light rail manager—the manager; or\n- (d) for a light rail transport infrastructure works site to which paragraph (c) does not apply—the chief executive.","sortOrder":795},{"sectionNumber":"ch.10-pt.4-div.4A","sectionType":"division","heading":"Franchised light rail","content":"## Franchised light rail","sortOrder":796},{"sectionNumber":"sec.377A","sectionType":"section","heading":"Objectives of division","content":"### sec.377A Objectives of division\n\nThe objectives of this division are—\nto assist and encourage private investment in the construction, maintenance and operation of light rail transport infrastructure; and\nby the involvement of private investment, to enable light rail transport infrastructure projects to be undertaken, or public passenger services using light rail transport infrastructure to be provided, at an earlier time than would otherwise be possible; and\nto provide an appropriate management structure for the construction, maintenance and operation of light rail transport infrastructure, or the operation of a public passenger service using light rail transport infrastructure, on a commercial basis.\ns 377A ins 2010 No. 19 s 178\n- (a) to assist and encourage private investment in the construction, maintenance and operation of light rail transport infrastructure; and\n- (b) by the involvement of private investment, to enable light rail transport infrastructure projects to be undertaken, or public passenger services using light rail transport infrastructure to be provided, at an earlier time than would otherwise be possible; and\n- (c) to provide an appropriate management structure for the construction, maintenance and operation of light rail transport infrastructure, or the operation of a public passenger service using light rail transport infrastructure, on a commercial basis.","sortOrder":797},{"sectionNumber":"sec.377B","sectionType":"section","heading":"Power to enter into light rail franchise agreements","content":"### sec.377B Power to enter into light rail franchise agreements\n\nThe Minister may, for the State, enter into an agreement (a light rail franchise agreement ) with a person under which, or as part of which, the person is to invest in 1 or more of the following—\nworks for, or associated with, establishing a light rail;\ndesigning light rail transport infrastructure;\nconstructing light rail transport infrastructure;\nmaintaining light rail transport infrastructure;\nmanaging light rail transport infrastructure;\noperating light rail transport infrastructure;\noperating a public passenger service using light rail transport infrastructure.\nThe agreement must be consistent with—\nthe coordination plan; and\nthe objectives of this Act; and\nthe current transport infrastructure strategies; and\nthe obligations about government supported transport infrastructure set out in section 9 .\nThe agreement may include, for example, provisions about any or all of the following—\nthe ownership of the light rail transport infrastructure;\nthe transfer of rights under the light rail franchise agreement;\nthe granting of security in relation to the light rail transport infrastructure;\ncharges for the use of the light rail transport infrastructure;\nadministration charges in relation to the charges mentioned in paragraph (d) ;\nthe safety and standard of the light rail transport infrastructure;\nfor an agreement relating to operating a public passenger service using light rail transport infrastructure—\nthe level of the service that is to be provided; and\nperformance measures relating to the operation of the service;\nany other matter that the Minister considers necessary or desirable in the circumstances.\ns 377B ins 2010 No. 19 s 178\n(sec.377B-ssec.1) The Minister may, for the State, enter into an agreement (a light rail franchise agreement ) with a person under which, or as part of which, the person is to invest in 1 or more of the following— works for, or associated with, establishing a light rail; designing light rail transport infrastructure; constructing light rail transport infrastructure; maintaining light rail transport infrastructure; managing light rail transport infrastructure; operating light rail transport infrastructure; operating a public passenger service using light rail transport infrastructure.\n(sec.377B-ssec.2) The agreement must be consistent with— the coordination plan; and the objectives of this Act; and the current transport infrastructure strategies; and the obligations about government supported transport infrastructure set out in section 9 .\n(sec.377B-ssec.3) The agreement may include, for example, provisions about any or all of the following— the ownership of the light rail transport infrastructure; the transfer of rights under the light rail franchise agreement; the granting of security in relation to the light rail transport infrastructure; charges for the use of the light rail transport infrastructure; administration charges in relation to the charges mentioned in paragraph (d) ; the safety and standard of the light rail transport infrastructure; for an agreement relating to operating a public passenger service using light rail transport infrastructure— the level of the service that is to be provided; and performance measures relating to the operation of the service; any other matter that the Minister considers necessary or desirable in the circumstances.\n- (a) works for, or associated with, establishing a light rail;\n- (b) designing light rail transport infrastructure;\n- (c) constructing light rail transport infrastructure;\n- (d) maintaining light rail transport infrastructure;\n- (e) managing light rail transport infrastructure;\n- (f) operating light rail transport infrastructure;\n- (g) operating a public passenger service using light rail transport infrastructure.\n- (a) the coordination plan; and\n- (b) the objectives of this Act; and\n- (c) the current transport infrastructure strategies; and\n- (d) the obligations about government supported transport infrastructure set out in section 9 .\n- (a) the ownership of the light rail transport infrastructure;\n- (b) the transfer of rights under the light rail franchise agreement;\n- (c) the granting of security in relation to the light rail transport infrastructure;\n- (d) charges for the use of the light rail transport infrastructure;\n- (e) administration charges in relation to the charges mentioned in paragraph (d) ;\n- (f) the safety and standard of the light rail transport infrastructure;\n- (g) for an agreement relating to operating a public passenger service using light rail transport infrastructure— (i) the level of the service that is to be provided; and (ii) performance measures relating to the operation of the service;\n- (i) the level of the service that is to be provided; and\n- (ii) performance measures relating to the operation of the service;\n- (h) any other matter that the Minister considers necessary or desirable in the circumstances.\n- (i) the level of the service that is to be provided; and\n- (ii) performance measures relating to the operation of the service;","sortOrder":798},{"sectionNumber":"sec.377C","sectionType":"section","heading":"Operating public passenger service under agreement","content":"### sec.377C Operating public passenger service under agreement\n\nThis section applies if a light rail franchise agreement relates to operating a public passenger service using light rail transport infrastructure.\nThe Transport Operations (Passenger Transport) Act 1994 , chapter 6 does not apply to the light rail franchise agreement or the operation of the public passenger service.\nThe Transport Operations (Passenger Transport) Regulation 2018 , part 10 does not apply in relation to the operation of the public passenger service or the operation of a light rail vehicle for the service.\ns 377C ins 2010 No. 19 s 178\namd 2019 No. 24 s 108\n(sec.377C-ssec.1) This section applies if a light rail franchise agreement relates to operating a public passenger service using light rail transport infrastructure.\n(sec.377C-ssec.2) The Transport Operations (Passenger Transport) Act 1994 , chapter 6 does not apply to the light rail franchise agreement or the operation of the public passenger service.\n(sec.377C-ssec.3) The Transport Operations (Passenger Transport) Regulation 2018 , part 10 does not apply in relation to the operation of the public passenger service or the operation of a light rail vehicle for the service.","sortOrder":799},{"sectionNumber":"sec.377D","sectionType":"section","heading":"Tabling of light rail franchise agreements","content":"### sec.377D Tabling of light rail franchise agreements\n\nThe Minister must table each light rail franchise agreement and each amendment of a light rail franchise agreement in the Legislative Assembly as soon as practicable after it is entered into.\nHowever, subsection (1) does not require the Minister to table a part of a light rail franchise agreement or amendment of a light rail franchise agreement if—\nthe person with whom the State has entered the agreement gives the Minister a written notice claiming the part of the agreement or amendment should be treated as confidential on the grounds of commercial confidentiality; and\nthe Minister reasonably considers the part of the agreement or amendment would be—\nexempt information under the Right to Information Act 2009 ; or\ninformation disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\ns 377D ins 2010 No. 19 s 178\n(sec.377D-ssec.1) The Minister must table each light rail franchise agreement and each amendment of a light rail franchise agreement in the Legislative Assembly as soon as practicable after it is entered into.\n(sec.377D-ssec.2) However, subsection (1) does not require the Minister to table a part of a light rail franchise agreement or amendment of a light rail franchise agreement if— the person with whom the State has entered the agreement gives the Minister a written notice claiming the part of the agreement or amendment should be treated as confidential on the grounds of commercial confidentiality; and the Minister reasonably considers the part of the agreement or amendment would be— exempt information under the Right to Information Act 2009 ; or information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\n- (a) the person with whom the State has entered the agreement gives the Minister a written notice claiming the part of the agreement or amendment should be treated as confidential on the grounds of commercial confidentiality; and\n- (b) the Minister reasonably considers the part of the agreement or amendment would be— (i) exempt information under the Right to Information Act 2009 ; or (ii) information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\n- (i) exempt information under the Right to Information Act 2009 ; or\n- (ii) information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.\n- (i) exempt information under the Right to Information Act 2009 ; or\n- (ii) information disclosure of which could reasonably be expected to cause a public interest harm as mentioned in the Right to Information Act 2009 , schedule 4 , part 4 , item 7.","sortOrder":800},{"sectionNumber":"sec.377E","sectionType":"section","heading":"Report on operation of division","content":"### sec.377E Report on operation of division\n\nEach annual report of the department must include a report on the operation of this division during the financial year to which the report relates.\ns 377E ins 2010 No. 19 s 178","sortOrder":801},{"sectionNumber":"sec.377F","sectionType":"section","heading":"Recovery of money","content":"### sec.377F Recovery of money\n\nIf a light rail franchise agreement provides that the Minister may recover an amount from a franchisee, the amount may be recovered as a debt payable by the franchisee to the State.\ns 377F ins 2010 No. 19 s 178","sortOrder":802},{"sectionNumber":"sec.377G","sectionType":"section","heading":"Rateability of land","content":"### sec.377G Rateability of land\n\nA regulation may provide that light rail franchise agreement land is not rateable land under the Local Government Act 2009 .\nIn this section—\nlight rail franchise agreement land means land on which is situated a light rail or light rail transport infrastructure to which a light rail franchise agreement applies.\ns 377G ins 2010 No. 19 s 178\namd 2014 No. 43 s 117 sch 1\n(sec.377G-ssec.1) A regulation may provide that light rail franchise agreement land is not rateable land under the Local Government Act 2009 .\n(sec.377G-ssec.2) In this section— light rail franchise agreement land means land on which is situated a light rail or light rail transport infrastructure to which a light rail franchise agreement applies.","sortOrder":803},{"sectionNumber":"sec.377H","sectionType":"section","heading":"Guarantees and undertakings","content":"### sec.377H Guarantees and undertakings\n\nFor giving guarantees or undertakings to a franchisee, the Statutory Bodies Financial Arrangements Act 1982 sections 14 , 16 , 18 , 19 and 20 and part 3 , division 3 apply, with all necessary changes and any changes prescribed under a regulation, to the franchisee as if the franchisee were a statutory body within the meaning of that Act.\nStatutory Bodies Financial Arrangements Act 1982 , sections 14 (Conditions precedent to financial arrangements and other matters), 16 (Guarantees for the State), 18 (Requirement for security), 19 (Guarantee may include waiver of immunity and other provisions) and 20 (Guarantee not affected by transfer of liability) and part 3 , division 3 (Consequences if payment required under guarantee)\ns 377H ins 2010 No. 19 s 178\namd 2014 No. 43 s 117 sch 1","sortOrder":804},{"sectionNumber":"sec.377I","sectionType":"section","heading":null,"content":"### Section sec.377I\n\ns 377I ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":805},{"sectionNumber":"sec.377J","sectionType":"section","heading":null,"content":"### Section sec.377J\n\ns 377J ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":806},{"sectionNumber":"sec.377K","sectionType":"section","heading":null,"content":"### Section sec.377K\n\ns 377K ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":807},{"sectionNumber":"sec.377L","sectionType":"section","heading":null,"content":"### Section sec.377L\n\ns 377L ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":808},{"sectionNumber":"sec.377M","sectionType":"section","heading":null,"content":"### Section sec.377M\n\ns 377M ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":809},{"sectionNumber":"sec.377N","sectionType":"section","heading":null,"content":"### Section sec.377N\n\ns 377N ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":810},{"sectionNumber":"sec.377O","sectionType":"section","heading":null,"content":"### Section sec.377O\n\ns 377O ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":811},{"sectionNumber":"sec.377P","sectionType":"section","heading":null,"content":"### Section sec.377P\n\ns 377P ins 2010 No. 19 s 178\nom 2011 No. 12 s 61","sortOrder":812},{"sectionNumber":"sec.377Q","sectionType":"section","heading":"Severance of light rail transport infrastructure","content":"### sec.377Q Severance of light rail transport infrastructure\n\nThe chief executive may decide to sever light rail transport infrastructure from light rail land on which it is situated.\nIf the chief executive makes a decision under subsection (1) , the severed infrastructure is taken to be, and must be dealt with as, personal property separate from the land.\nA decision under subsection (1) takes effect on the day stated in a notice given, for the purposes of this subsection, by the chief executive to—\nthe owner of the light rail transport infrastructure; and\neach other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.\nThe severance of light rail transport infrastructure from land under this section—\ndoes not affect the right of the infrastructure to be situated on the land; and\ndoes not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and\ndoes not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.\nIn this section—\nlight rail land includes land—\nheld by the chief executive on behalf of the State; and\non which light rail transport infrastructure is situated.\nlight rail transport infrastructure includes any part of light rail transport infrastructure.\ns 377Q ins 2010 No. 19 s 178\n(sec.377Q-ssec.1) The chief executive may decide to sever light rail transport infrastructure from light rail land on which it is situated.\n(sec.377Q-ssec.2) If the chief executive makes a decision under subsection (1) , the severed infrastructure is taken to be, and must be dealt with as, personal property separate from the land.\n(sec.377Q-ssec.3) A decision under subsection (1) takes effect on the day stated in a notice given, for the purposes of this subsection, by the chief executive to— the owner of the light rail transport infrastructure; and each other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.\n(sec.377Q-ssec.4) The severance of light rail transport infrastructure from land under this section— does not affect the right of the infrastructure to be situated on the land; and does not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and does not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.\n(sec.377Q-ssec.5) In this section— light rail land includes land— held by the chief executive on behalf of the State; and on which light rail transport infrastructure is situated. light rail transport infrastructure includes any part of light rail transport infrastructure.\n- (a) the owner of the light rail transport infrastructure; and\n- (b) each other person the chief executive knows, or ought reasonably to know, has an interest in the light rail transport infrastructure.\n- (a) does not affect the right of the infrastructure to be situated on the land; and\n- (b) does not affect a person’s rights or obligations under a light rail franchise agreement relating to the infrastructure, other than to the extent stated in the agreement; and\n- (c) does not affect any right to drain water or sewage from the infrastructure across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.\n- (a) held by the chief executive on behalf of the State; and\n- (b) on which light rail transport infrastructure is situated.","sortOrder":813},{"sectionNumber":"sec.377R","sectionType":"section","heading":"Limited compensation for easements etc. or damage relating to overhead wiring for a light rail","content":"### sec.377R Limited compensation for easements etc. or damage relating to overhead wiring for a light rail\n\nThis section applies in relation to the following—\na light rail overhead wiring easement;\nlight rail overhead wiring damage.\nDespite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is not payable for—\nthe taking of a light rail overhead wiring easement that is an easement or other interest in land relating to a road; or\nlight rail overhead wiring damage that occurs on or in relation to a road.\nAlso, despite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is payable for the following only in accordance with subsections (4) to (8) —\nthe taking of a light rail overhead wiring easement that is not an easement or other interest in land relating to a road ( compensable taking of overhead wiring easement );\nlight rail overhead wiring damage that occurs other than on or in relation to a road ( compensable overhead wiring damage ).\nA relevant person may apply in writing to the chief executive for compensation for—\ncompensable taking of overhead wiring easement; or\ncompensable overhead wiring damage.\nAn application under subsection (4) must be made—\nwithin 1 year after—\nfor compensable taking of overhead wiring easement—the day of the taking; or\nfor compensable overhead wiring damage—the day the damage occurs; or\nwithin a longer period allowed by the chief executive.\nIf, within 60 days after a relevant person applies for compensation under subsection (5) , or a longer period agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive about the application—\nthe person may apply to the Land Court for the compensation; or\nthe chief executive may apply to the Land Court to have the compensation decided by the court.\nThe Land Court has jurisdiction to deal with an application made to it under subsection (6) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\nCompensation paid under this section for compensable overhead wiring damage caused to land must not be more than the compensation that would have been awarded if the land had been taken by the chief executive under the Transport Planning and Coordination Act 1994 , part 4 .\nIn this section—\nlight rail overhead wiring damage means physical damage caused by the construction of, or affixation of attachments for, overhead wiring for a light rail.\nlight rail overhead wiring easement means an easement or other interest in land taken by the chief executive under the Transport Planning and Coordination Act 1994 , part 4 , for the construction, maintenance or operation of overhead wiring for a light rail.\nrelevant person means—\nfor compensable taking of overhead wiring easement—the person who holds an interest in the land affected by the easement or other interest in the land; or\nfor compensable overhead wiring damage—a person affected by the damage.\nroad means road within the meaning of section 352 .\ns 377R ins 2010 No. 19 s 178\namd 2011 No. 12 s 62\n(sec.377R-ssec.1) This section applies in relation to the following— a light rail overhead wiring easement; light rail overhead wiring damage.\n(sec.377R-ssec.2) Despite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is not payable for— the taking of a light rail overhead wiring easement that is an easement or other interest in land relating to a road; or light rail overhead wiring damage that occurs on or in relation to a road.\n(sec.377R-ssec.3) Also, despite anything to the contrary in the Acquisition of Land Act 1967 or a provision of this chapter, compensation is payable for the following only in accordance with subsections (4) to (8) — the taking of a light rail overhead wiring easement that is not an easement or other interest in land relating to a road ( compensable taking of overhead wiring easement ); light rail overhead wiring damage that occurs other than on or in relation to a road ( compensable overhead wiring damage ).\n(sec.377R-ssec.4) A relevant person may apply in writing to the chief executive for compensation for— compensable taking of overhead wiring easement; or compensable overhead wiring damage.\n(sec.377R-ssec.5) An application under subsection (4) must be made— within 1 year after— for compensable taking of overhead wiring easement—the day of the taking; or for compensable overhead wiring damage—the day the damage occurs; or within a longer period allowed by the chief executive.\n(sec.377R-ssec.6) If, within 60 days after a relevant person applies for compensation under subsection (5) , or a longer period agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive about the application— the person may apply to the Land Court for the compensation; or the chief executive may apply to the Land Court to have the compensation decided by the court.\n(sec.377R-ssec.7) The Land Court has jurisdiction to deal with an application made to it under subsection (6) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\n(sec.377R-ssec.8) Compensation paid under this section for compensable overhead wiring damage caused to land must not be more than the compensation that would have been awarded if the land had been taken by the chief executive under the Transport Planning and Coordination Act 1994 , part 4 .\n(sec.377R-ssec.9) In this section— light rail overhead wiring damage means physical damage caused by the construction of, or affixation of attachments for, overhead wiring for a light rail. light rail overhead wiring easement means an easement or other interest in land taken by the chief executive under the Transport Planning and Coordination Act 1994 , part 4 , for the construction, maintenance or operation of overhead wiring for a light rail. relevant person means— for compensable taking of overhead wiring easement—the person who holds an interest in the land affected by the easement or other interest in the land; or for compensable overhead wiring damage—a person affected by the damage. road means road within the meaning of section 352 .\n- (a) a light rail overhead wiring easement;\n- (b) light rail overhead wiring damage.\n- (a) the taking of a light rail overhead wiring easement that is an easement or other interest in land relating to a road; or\n- (b) light rail overhead wiring damage that occurs on or in relation to a road.\n- (a) the taking of a light rail overhead wiring easement that is not an easement or other interest in land relating to a road ( compensable taking of overhead wiring easement );\n- (b) light rail overhead wiring damage that occurs other than on or in relation to a road ( compensable overhead wiring damage ).\n- (a) compensable taking of overhead wiring easement; or\n- (b) compensable overhead wiring damage.\n- (a) within 1 year after— (i) for compensable taking of overhead wiring easement—the day of the taking; or (ii) for compensable overhead wiring damage—the day the damage occurs; or\n- (i) for compensable taking of overhead wiring easement—the day of the taking; or\n- (ii) for compensable overhead wiring damage—the day the damage occurs; or\n- (b) within a longer period allowed by the chief executive.\n- (i) for compensable taking of overhead wiring easement—the day of the taking; or\n- (ii) for compensable overhead wiring damage—the day the damage occurs; or\n- (a) the person may apply to the Land Court for the compensation; or\n- (b) the chief executive may apply to the Land Court to have the compensation decided by the court.\n- (a) for compensable taking of overhead wiring easement—the person who holds an interest in the land affected by the easement or other interest in the land; or\n- (b) for compensable overhead wiring damage—a person affected by the damage.","sortOrder":814},{"sectionNumber":"ch.10-pt.4-div.5","sectionType":"division","heading":"Compensation entitlements","content":"## Compensation entitlements","sortOrder":815},{"sectionNumber":"sec.378","sectionType":"section","heading":"Definitions for div 5","content":"### sec.378 Definitions for div 5\n\nIn this division—\naccess , for land, means—\naccess to the land from the road network, whether or not through other land; or\naccess from the land to the road network, whether or not through other land.\nbusway land means busway land that, when declared under chapter 9 to be busway land, was a road or part of a road.\nestablishment , of light rail transport infrastructure on light rail land, includes the following—\ninitial construction of the light rail transport infrastructure on the light rail land;\nconstruction for changing or adding to light rail transport infrastructure previously constructed on the light rail land;\nputting in place the arrangements under which persons are permitted or not permitted to be on the light rail land.\ninterference , with access, includes loss or reduction of access.\nlight rail land means light rail land that, when declared under this chapter to be light rail land, was—\na road or part of a road; or\nbusway land.\ns 378 ins 2000 No. 40 s 13\n- (a) access to the land from the road network, whether or not through other land; or\n- (b) access from the land to the road network, whether or not through other land.\n- (a) initial construction of the light rail transport infrastructure on the light rail land;\n- (b) construction for changing or adding to light rail transport infrastructure previously constructed on the light rail land;\n- (c) putting in place the arrangements under which persons are permitted or not permitted to be on the light rail land.\n- (a) a road or part of a road; or\n- (b) busway land.","sortOrder":816},{"sectionNumber":"sec.379","sectionType":"section","heading":"No entitlement to compensation for particular matters","content":"### sec.379 No entitlement to compensation for particular matters\n\nA person having an interest in land (the relevant land ) has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2) , to the extent the matter is caused by—\nthe establishment of a light rail; or\nthe establishment or proposed establishment of light rail transport infrastructure on light rail land; or\nthe operation of a light rail on light rail land.\nThe matters are—\nthe adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and\ninterference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and\nloss or damage arising directly or indirectly from interference with access for the relevant land; and\nthe reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.\ns 379 ins 2000 No. 40 s 13\namd 2014 No. 43 s 117 sch 1\n(sec.379-ssec.1) A person having an interest in land (the relevant land ) has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2) , to the extent the matter is caused by— the establishment of a light rail; or the establishment or proposed establishment of light rail transport infrastructure on light rail land; or the operation of a light rail on light rail land.\n(sec.379-ssec.2) The matters are— the adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and loss or damage arising directly or indirectly from interference with access for the relevant land; and the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.\n- (a) the establishment of a light rail; or\n- (b) the establishment or proposed establishment of light rail transport infrastructure on light rail land; or\n- (c) the operation of a light rail on light rail land.\n- (a) the adverse effect on the amenity or likely amenity of the neighbourhood of the relevant land; and\n- (b) interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and\n- (c) loss or damage arising directly or indirectly from interference with access for the relevant land; and\n- (d) the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access.","sortOrder":817},{"sectionNumber":"sec.380","sectionType":"section","heading":"Compensation for reduced market value of interest in land","content":"### sec.380 Compensation for reduced market value of interest in land\n\nA person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of light rail transport infrastructure on light rail land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land.\nSubsection (1) applies only if—\neither of the following applies—\nthe light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\nthe light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\nthe practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\nthe practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\nThe amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land.\nHowever, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired.\ns 380 ins 2000 No. 40 s 13\n(sec.380-ssec.1) A person who has an interest in land (the relevant land ) is entitled to compensation if the establishment of light rail transport infrastructure on light rail land (the infrastructure ), when completed, is a cause of interference (the interference ) with access for the relevant land.\n(sec.380-ssec.2) Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n(sec.380-ssec.3) The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land.\n(sec.380-ssec.4) However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired.\n- (a) either of the following applies— (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\n- (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\n- (b) the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\n- (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure.\n- (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and","sortOrder":818},{"sectionNumber":"sec.381","sectionType":"section","heading":"Compensation of person in actual occupation for interference with enjoyment of land","content":"### sec.381 Compensation of person in actual occupation for interference with enjoyment of land\n\nA person is entitled to compensation if—\nthe person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and\nthe establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and\nthe access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\nSubsection (1) applies only if—\neither of the following applies—\nthe light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\nthe light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\nthe practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\nthe practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure.\nThe amount of compensation is an amount fairly representing, in the particular circumstances—\nif the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and\nif the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.\nIn calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land.\ns 381 ins 2000 No. 40 s 13\n(sec.381-ssec.1) A person is entitled to compensation if— the person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\n(sec.381-ssec.2) Subsection (1) applies only if— either of the following applies— the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure.\n(sec.381-ssec.3) The amount of compensation is an amount fairly representing, in the particular circumstances— if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.\n(sec.381-ssec.4) In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land.\n- (a) the person is in actual occupation of land (the relevant land ) when the establishment of light rail transport infrastructure on light rail land (the infrastructure ) is happening or when it is completed; and\n- (b) the establishment of the infrastructure is a cause of interference with access (the access interference ) for the relevant land; and\n- (c) the access interference is a cause of interference (the enjoyment interference ) with the person’s enjoyment of the relevant land.\n- (a) either of the following applies— (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest; (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\n- (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\n- (b) the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and\n- (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure.\n- (i) the light rail land joins directly with the relevant land or with land ( access land ) giving access for the relevant land because of an easement or other right or interest;\n- (ii) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and\n- (a) if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and\n- (b) if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed.","sortOrder":819},{"sectionNumber":"sec.382","sectionType":"section","heading":"Chief executive may supply or contribute to new access arrangements","content":"### sec.382 Chief executive may supply or contribute to new access arrangements\n\nThe chief executive may, having regard to the establishment, or proposed establishment, of light rail transport infrastructure on light rail land, enter into an agreement with a person who is the owner or occupier of land (the relevant land ) for—\nthe supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or\nthe carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.\nA person’s entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1) .\ns 382 ins 2000 No. 40 s 13\n(sec.382-ssec.1) The chief executive may, having regard to the establishment, or proposed establishment, of light rail transport infrastructure on light rail land, enter into an agreement with a person who is the owner or occupier of land (the relevant land ) for— the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or the carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.\n(sec.382-ssec.2) A person’s entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1) .\n- (a) the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or\n- (b) the carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land.","sortOrder":820},{"sectionNumber":"sec.383","sectionType":"section","heading":"Obtaining compensation","content":"### sec.383 Obtaining compensation\n\nA person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation.\nThe application must be made—\nwithin 12 months after the establishment of light rail transport infrastructure on light rail land giving rise to the claim for compensation; or\nwithin a longer time agreed by the chief executive.\nIf, within 60 days after the person applies under subsection (1) , or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application—\nthe person may apply to the Land Court for the compensation; or\nthe chief executive may apply to the Land Court to have the compensation decided by the court.\nThe Land Court has jurisdiction to deal with an application made to it under subsection (3) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\nNothing in subsection (2) (a) stops a person from applying for compensation before the establishment of the light rail transport infrastructure is completed if the claim relates to the person’s occupation of land during the establishment of the infrastructure.\ns 383 ins 2000 No. 40 s 13\n(sec.383-ssec.1) A person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation.\n(sec.383-ssec.2) The application must be made— within 12 months after the establishment of light rail transport infrastructure on light rail land giving rise to the claim for compensation; or within a longer time agreed by the chief executive.\n(sec.383-ssec.3) If, within 60 days after the person applies under subsection (1) , or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application— the person may apply to the Land Court for the compensation; or the chief executive may apply to the Land Court to have the compensation decided by the court.\n(sec.383-ssec.4) The Land Court has jurisdiction to deal with an application made to it under subsection (3) , including jurisdiction to require the chief executive to pay the person compensation decided by the court.\n(sec.383-ssec.5) Nothing in subsection (2) (a) stops a person from applying for compensation before the establishment of the light rail transport infrastructure is completed if the claim relates to the person’s occupation of land during the establishment of the infrastructure.\n- (a) within 12 months after the establishment of light rail transport infrastructure on light rail land giving rise to the claim for compensation; or\n- (b) within a longer time agreed by the chief executive.\n- (a) the person may apply to the Land Court for the compensation; or\n- (b) the chief executive may apply to the Land Court to have the compensation decided by the court.","sortOrder":821},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":822},{"sectionNumber":"sec.384","sectionType":"section","heading":null,"content":"### Section sec.384\n\ns 384 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":823},{"sectionNumber":"sec.385","sectionType":"section","heading":null,"content":"### Section sec.385\n\ns 385 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":824},{"sectionNumber":"sec.386","sectionType":"section","heading":null,"content":"### Section sec.386\n\ns 386 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":825},{"sectionNumber":"sec.387","sectionType":"section","heading":null,"content":"### Section sec.387\n\ns 387 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":826},{"sectionNumber":"sec.388","sectionType":"section","heading":null,"content":"### Section sec.388\n\ns 388 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":827},{"sectionNumber":"sec.389","sectionType":"section","heading":null,"content":"### Section sec.389\n\ns 389 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":828},{"sectionNumber":"sec.390","sectionType":"section","heading":null,"content":"### Section sec.390\n\ns 390 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":829},{"sectionNumber":"sec.391","sectionType":"section","heading":null,"content":"### Section sec.391\n\ns 391 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":830},{"sectionNumber":"sec.392","sectionType":"section","heading":null,"content":"### Section sec.392\n\ns 392 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":831},{"sectionNumber":"sec.393","sectionType":"section","heading":null,"content":"### Section sec.393\n\ns 393 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":832},{"sectionNumber":"sec.394","sectionType":"section","heading":null,"content":"### Section sec.394\n\ns 394 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":833},{"sectionNumber":"sec.395","sectionType":"section","heading":null,"content":"### Section sec.395\n\ns 395 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":834},{"sectionNumber":"sec.396","sectionType":"section","heading":null,"content":"### Section sec.396\n\ns 396 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":835},{"sectionNumber":"sec.397","sectionType":"section","heading":null,"content":"### Section sec.397\n\ns 397 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":836},{"sectionNumber":"sec.398","sectionType":"section","heading":null,"content":"### Section sec.398\n\ns 398 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":837},{"sectionNumber":"sec.399","sectionType":"section","heading":null,"content":"### Section sec.399\n\ns 399 ins 2000 No. 40 s 13\nom 2010 No. 6 s 345","sortOrder":838},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":839},{"sectionNumber":"sec.400","sectionType":"section","heading":null,"content":"### Section sec.400\n\ns 400 ins 2000 No. 40 s 13\namd 2003 No. 54 s 31 ; 2004 No. 9 s 3 sch\nom 2010 No. 6 s 345","sortOrder":840},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":841},{"sectionNumber":"sec.415","sectionType":"section","heading":"Definitions for ch 12","content":"### sec.415 Definitions for ch 12\n\nIn this chapter—\napproval means an approval granted under section 420 .\ns 415 def approval ins 1998 No. 43 s 13 (3)\napproval conditions see section 423 (1) .\ns 415 def approval conditions ins 1998 No. 43 s 13 (3)\ndispute notice see section 425 (1) .\ns 415 def dispute notice ins 1998 No. 43 s 13 (3)\nintersecting area means an area (other than an area of land that is required land) or a thing that—\nintersects required land; and\nis owned, administered, controlled, or managed by a GOC or a local government.\nan area of water\nland covered by water\nmiscellaneous transport infrastructure works\na port\nrail corridor land\na road\ns 415 def intersecting area ins 1998 No. 43 s 13 (3)\nlicence ...\ns 415 def licence ins 1995 No. 9 s 92 sch 1\nom 1998 No. 43 s 13 (2)\nlicensee means the holder of an operational licence.\ns 415 def licensee ins 1995 No. 9 s 92 sch 1\nsub 1998 No. 43 s 13 (2) – (3)\noperational licence means a licence in force granted—\nunder section 418 ; or\nunder another Act, for infrastructure that is miscellaneous transport infrastructure.\ns 415 def operational licence ins 1998 No. 43 s 13 (3)\nrequired land means land that has been acquired for miscellaneous transport purposes or an incidental purpose.\ns 415 def required land ins 1995 No. 9 s 92 sch 1\nresponsible entity , for an intersecting area, means an entity responsible for administering, controlling, or managing the area under any Act.\ns 415 def responsible entity ins 1998 No. 43 s 13 (3)\ns 415 ins 1995 No. 9 s 92 sch 1\namd 1998 No. 43 s 13 (1)\n- (a) intersects required land; and\n- (b) is owned, administered, controlled, or managed by a GOC or a local government.\n- • an area of water\n- • land covered by water\n- • miscellaneous transport infrastructure works\n- • a port\n- • rail corridor land\n- • a road\n- (a) under section 418 ; or\n- (b) under another Act, for infrastructure that is miscellaneous transport infrastructure.","sortOrder":842},{"sectionNumber":"sec.416","sectionType":"section","heading":"Meaning of miscellaneous transport infrastructure","content":"### sec.416 Meaning of miscellaneous transport infrastructure\n\nMiscellaneous transport infrastructure means—\ninfrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced; or\npipelines, whether underground or above ground, for transporting chemical, gas or petroleum products, or mineral slurry\nconveyor belts\nanything declared under a regulation to be miscellaneous transport infrastructure, whether or not it is infrastructure under paragraph (a) .\nHowever, road transport infrastructure, rail transport infrastructure, air transport infrastructure, public marine transport infrastructure and port infrastructure are not miscellaneous transport infrastructure.\nAlso, busway transport infrastructure and light rail transport infrastructure are not miscellaneous transport infrastructure.\ns 416 ins 1998 No. 43 s 14\namd 2000 No. 6 s 24 ; 2000 No. 40 s 14 ; 2005 No. 49 s 31\n(sec.416-ssec.1) Miscellaneous transport infrastructure means— infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced; or pipelines, whether underground or above ground, for transporting chemical, gas or petroleum products, or mineral slurry conveyor belts anything declared under a regulation to be miscellaneous transport infrastructure, whether or not it is infrastructure under paragraph (a) .\n(sec.416-ssec.2) However, road transport infrastructure, rail transport infrastructure, air transport infrastructure, public marine transport infrastructure and port infrastructure are not miscellaneous transport infrastructure.\n(sec.416-ssec.3) Also, busway transport infrastructure and light rail transport infrastructure are not miscellaneous transport infrastructure.\n- (a) infrastructure relating to the transportation, movement, transmission or flow of anything, including, for example, goods, material, substances, matter, particles with or without charge, light, energy, information and anything generated or produced; or Examples of infrastructure relating to the transportation, movement, transmission or flow of anything— • pipelines, whether underground or above ground, for transporting chemical, gas or petroleum products, or mineral slurry • conveyor belts\n- • pipelines, whether underground or above ground, for transporting chemical, gas or petroleum products, or mineral slurry\n- • conveyor belts\n- (b) anything declared under a regulation to be miscellaneous transport infrastructure, whether or not it is infrastructure under paragraph (a) .\n- • pipelines, whether underground or above ground, for transporting chemical, gas or petroleum products, or mineral slurry\n- • conveyor belts","sortOrder":843},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Operational licences and approvals for licensees","content":"# Operational licences and approvals for licensees","sortOrder":844},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":845},{"sectionNumber":"sec.417","sectionType":"section","heading":"Definition for pt 2","content":"### sec.417 Definition for pt 2\n\nIn this part, other than division 2 —\nMinister means the Minister administering the State Development and Public Works Organisation Act 1971 .\ns 417 ins 1998 No. 43 s 15\namd 2001 No. 79 s 33","sortOrder":846},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"Granting operational licences","content":"## Granting operational licences","sortOrder":847},{"sectionNumber":"sec.418","sectionType":"section","heading":"Minister may grant operational licence","content":"### sec.418 Minister may grant operational licence\n\nThe Minister may grant to a person a licence to construct, maintain, use or operate stated miscellaneous transport infrastructure on stated conditions.\ns 418 ins 1995 No. 9 s 92 sch 1\namd 1998 No. 43 s 17","sortOrder":848},{"sectionNumber":"ch.12-pt.2-div.3","sectionType":"division","heading":"Approvals for licensees for intersecting areas","content":"## Approvals for licensees for intersecting areas","sortOrder":849},{"sectionNumber":"sec.419","sectionType":"section","heading":"Purpose and scope of div 3","content":"### sec.419 Purpose and scope of div 3\n\nThe purpose of this division is to provide a mechanism for a licensee to obtain an approval from a responsible entity for an intersecting area.\nHowever, this division does not apply to an approval if the approval is required under another Act.\nThis division applies only for ensuring miscellaneous transport infrastructure can be constructed, maintained, used or operated across, over or under the area.\ns 419 ins 1998 No. 43 s 18\n(sec.419-ssec.1) The purpose of this division is to provide a mechanism for a licensee to obtain an approval from a responsible entity for an intersecting area.\n(sec.419-ssec.2) However, this division does not apply to an approval if the approval is required under another Act.\n(sec.419-ssec.3) This division applies only for ensuring miscellaneous transport infrastructure can be constructed, maintained, used or operated across, over or under the area.","sortOrder":850},{"sectionNumber":"sec.420","sectionType":"section","heading":"Approvals","content":"### sec.420 Approvals\n\nA licensee may apply for an approval by a responsible entity to construct, maintain, use or operate miscellaneous transport infrastructure stated in the licensee’s operational licence across, over or under an intersecting area.\nThe application must—\nbe written; and\nidentify the area and the miscellaneous transport infrastructure; and\nstate any other thing prescribed under a regulation.\nThe entity may grant or refuse the approval.\nIf the approval is granted, the licensee may, subject to any approval conditions, construct, maintain, use or operate the miscellaneous transport infrastructure identified in the application across, over or under the area.\ns 420 ins 1998 No. 43 s 18\n(sec.420-ssec.1) A licensee may apply for an approval by a responsible entity to construct, maintain, use or operate miscellaneous transport infrastructure stated in the licensee’s operational licence across, over or under an intersecting area.\n(sec.420-ssec.2) The application must— be written; and identify the area and the miscellaneous transport infrastructure; and state any other thing prescribed under a regulation.\n(sec.420-ssec.3) The entity may grant or refuse the approval.\n(sec.420-ssec.4) If the approval is granted, the licensee may, subject to any approval conditions, construct, maintain, use or operate the miscellaneous transport infrastructure identified in the application across, over or under the area.\n- (a) be written; and\n- (b) identify the area and the miscellaneous transport infrastructure; and\n- (c) state any other thing prescribed under a regulation.","sortOrder":851},{"sectionNumber":"sec.421","sectionType":"section","heading":"Refusal to grant approval","content":"### sec.421 Refusal to grant approval\n\nIf an application has been made to a responsible entity and the entity refuses the application, it must give the applicant written notice within 14 days after refusing the application stating—\nthe decision; and\nthe reasons for the decision; and\nthat the applicant may apply in writing to the Minister for the approval.\ns 421 ins 1998 No. 43 s 18\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the applicant may apply in writing to the Minister for the approval.","sortOrder":852},{"sectionNumber":"sec.422","sectionType":"section","heading":"Licensee may apply to Minister if approval not granted","content":"### sec.422 Licensee may apply to Minister if approval not granted\n\nThis section applies if—\nan application has been made to a responsible entity for an approval; and\nthe entity refuses the application or does not grant the application within 20 business days after it is made.\nThe applicant may apply in writing to the Minister for the approval.\nThe Minister may grant or refuse the approval.\nThe Minister must give the applicant and the entity notice of the granting or refusal.\nIf the Minister grants the approval, it is taken to have been granted by the entity.\nIf the Minister decides to grant or refuse the approval, the Minister must prepare a statement of the reasons for the decision for this section.\nThe statement of reasons must be tabled in the Legislative Assembly within 14 sitting days after the day of the decision.\nIn preparing the statement of reasons, the Minister must not include anything that is exempt information.\nA failure to comply with subsections (6) to (8) is of no effect.\nThe Judicial Review Act 1991 , parts 3 and 4 , do not apply to any decision the Minister makes or fails to make for this section.\nIn this section—\nexempt information means information that is exempt information under the Right to Information Act 2009 .\ns 422 ins 1998 No. 43 s 18\namd 2009 No. 13 s 213 sch 5\n(sec.422-ssec.1) This section applies if— an application has been made to a responsible entity for an approval; and the entity refuses the application or does not grant the application within 20 business days after it is made.\n(sec.422-ssec.2) The applicant may apply in writing to the Minister for the approval.\n(sec.422-ssec.3) The Minister may grant or refuse the approval.\n(sec.422-ssec.4) The Minister must give the applicant and the entity notice of the granting or refusal.\n(sec.422-ssec.5) If the Minister grants the approval, it is taken to have been granted by the entity.\n(sec.422-ssec.6) If the Minister decides to grant or refuse the approval, the Minister must prepare a statement of the reasons for the decision for this section.\n(sec.422-ssec.7) The statement of reasons must be tabled in the Legislative Assembly within 14 sitting days after the day of the decision.\n(sec.422-ssec.8) In preparing the statement of reasons, the Minister must not include anything that is exempt information.\n(sec.422-ssec.9) A failure to comply with subsections (6) to (8) is of no effect.\n(sec.422-ssec.10) The Judicial Review Act 1991 , parts 3 and 4 , do not apply to any decision the Minister makes or fails to make for this section.\n(sec.422-ssec.11) In this section— exempt information means information that is exempt information under the Right to Information Act 2009 .\n- (a) an application has been made to a responsible entity for an approval; and\n- (b) the entity refuses the application or does not grant the application within 20 business days after it is made.","sortOrder":853},{"sectionNumber":"ch.12-pt.2-div.4","sectionType":"division","heading":"Conditions for approvals","content":"## Conditions for approvals","sortOrder":854},{"sectionNumber":"sec.423","sectionType":"section","heading":"Approval conditions","content":"### sec.423 Approval conditions\n\nIf a responsible entity or the Minister grants an approval, the entity may impose reasonable conditions for the approval ( approval conditions ).\nHowever, a condition may only be imposed within 20 business days of—\nif the approval was granted by the entity—the making of the application to the entity; or\nif the approval was granted by the Minister—the giving of notice of the approval by the Minister to the entity.\nAn approval condition may, for example, provide for the following—\nreinstating land disturbed by construction;\ninstalling signs, markings or warning devices about or for the miscellaneous transport infrastructure for which the approval was granted on the intersecting area;\nsurveying or siting the infrastructure on the area;\nadding to, altering or replacing the infrastructure, at the applicant’s cost—\nto ensure the safe operation or use of other infrastructure or works on the area; or\nto preserve, promote or protect the environmental condition of the area;\nhow the approval may be amended, suspended or cancelled.\ns 423 ins 1998 No. 43 s 18\n(sec.423-ssec.1) If a responsible entity or the Minister grants an approval, the entity may impose reasonable conditions for the approval ( approval conditions ).\n(sec.423-ssec.2) However, a condition may only be imposed within 20 business days of— if the approval was granted by the entity—the making of the application to the entity; or if the approval was granted by the Minister—the giving of notice of the approval by the Minister to the entity.\n(sec.423-ssec.3) An approval condition may, for example, provide for the following— reinstating land disturbed by construction; installing signs, markings or warning devices about or for the miscellaneous transport infrastructure for which the approval was granted on the intersecting area; surveying or siting the infrastructure on the area; adding to, altering or replacing the infrastructure, at the applicant’s cost— to ensure the safe operation or use of other infrastructure or works on the area; or to preserve, promote or protect the environmental condition of the area; how the approval may be amended, suspended or cancelled.\n- (a) if the approval was granted by the entity—the making of the application to the entity; or\n- (b) if the approval was granted by the Minister—the giving of notice of the approval by the Minister to the entity.\n- (a) reinstating land disturbed by construction;\n- (b) installing signs, markings or warning devices about or for the miscellaneous transport infrastructure for which the approval was granted on the intersecting area;\n- (c) surveying or siting the infrastructure on the area;\n- (d) adding to, altering or replacing the infrastructure, at the applicant’s cost— (i) to ensure the safe operation or use of other infrastructure or works on the area; or (ii) to preserve, promote or protect the environmental condition of the area;\n- (i) to ensure the safe operation or use of other infrastructure or works on the area; or\n- (ii) to preserve, promote or protect the environmental condition of the area;\n- (e) how the approval may be amended, suspended or cancelled.\n- (i) to ensure the safe operation or use of other infrastructure or works on the area; or\n- (ii) to preserve, promote or protect the environmental condition of the area;","sortOrder":855},{"sectionNumber":"sec.424","sectionType":"section","heading":"Notice of approval conditions","content":"### sec.424 Notice of approval conditions\n\nIf a responsible entity imposes approval conditions, it must give the applicant for the approval written notice within 14 days after imposing the conditions stating—\nthe conditions; and\nthat the applicant may appeal against the conditions to an arbitrator; and\nthat an appeal may be started by giving the entity a written notice of dispute within 20 business days after receiving the notice of the conditions.\ns 424 ins 1998 No. 43 s 18\n- (a) the conditions; and\n- (b) that the applicant may appeal against the conditions to an arbitrator; and\n- (c) that an appeal may be started by giving the entity a written notice of dispute within 20 business days after receiving the notice of the conditions.","sortOrder":856},{"sectionNumber":"ch.12-pt.2-div.5","sectionType":"division","heading":"Arbitration of approval conditions","content":"## Arbitration of approval conditions","sortOrder":857},{"sectionNumber":"sec.425","sectionType":"section","heading":"Notice of dispute","content":"### sec.425 Notice of dispute\n\nIf a responsible entity imposes approval conditions, the applicant for the approval may, by written notice to the entity (a dispute notice ), dispute the reasonableness of the conditions.\nHowever, if notice of the conditions has been given to the applicant under section 424 , a dispute notice may only be given within 20 business days after the giving of the notice of the conditions.\ns 425 ins 1998 No. 43 s 18\n(sec.425-ssec.1) If a responsible entity imposes approval conditions, the applicant for the approval may, by written notice to the entity (a dispute notice ), dispute the reasonableness of the conditions.\n(sec.425-ssec.2) However, if notice of the conditions has been given to the applicant under section 424 , a dispute notice may only be given within 20 business days after the giving of the notice of the conditions.","sortOrder":858},{"sectionNumber":"sec.426","sectionType":"section","heading":"Appointment of arbitrator","content":"### sec.426 Appointment of arbitrator\n\nWithin 10 business days after the giving of a dispute notice, the responsible entity and the applicant for approval must join in appointing an independent arbitrator to resolve the dispute.\nIf the entity and the applicant do not appoint an arbitrator within the 10 business days, the following persons may, on the application of the applicant or entity, appoint the arbitrator—\nif the entity is a local government—the Minister and the Minister administering the Planning Act , acting jointly;\nif the entity is not a local government—the Minister.\nHowever, each Minister may nominate another person to exercise the power under subsection (2) .\ns 426 ins 1998 No. 43 s 18\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch\n(sec.426-ssec.1) Within 10 business days after the giving of a dispute notice, the responsible entity and the applicant for approval must join in appointing an independent arbitrator to resolve the dispute.\n(sec.426-ssec.2) If the entity and the applicant do not appoint an arbitrator within the 10 business days, the following persons may, on the application of the applicant or entity, appoint the arbitrator— if the entity is a local government—the Minister and the Minister administering the Planning Act , acting jointly; if the entity is not a local government—the Minister.\n(sec.426-ssec.3) However, each Minister may nominate another person to exercise the power under subsection (2) .\n- (a) if the entity is a local government—the Minister and the Minister administering the Planning Act , acting jointly;\n- (b) if the entity is not a local government—the Minister.","sortOrder":859},{"sectionNumber":"sec.427","sectionType":"section","heading":"Arbitrator’s functions","content":"### sec.427 Arbitrator’s functions\n\nThe arbitrator must—\nresolve the dispute by deciding what are reasonable conditions for the approval; and\ngive the entity and the applicant notice of, and reasons for, the decision.\ns 427 ins 1998 No. 43 s 18\n- (a) resolve the dispute by deciding what are reasonable conditions for the approval; and\n- (b) give the entity and the applicant notice of, and reasons for, the decision.","sortOrder":860},{"sectionNumber":"sec.428","sectionType":"section","heading":"Arbitrator’s powers","content":"### sec.428 Arbitrator’s powers\n\nIn resolving the dispute, the arbitrator may—\nconfirm the approval conditions imposed by the responsible entity; or\namend the conditions; or\nset aside the conditions and substitute other conditions.\nThe arbitrator may exercise the powers of an arbitrator under the Commercial Arbitration Act 2013 .\ns 428 ins 1998 No. 43 s 18\namd 2013 No. 8 s 43 sch 1 pt 2\n(sec.428-ssec.1) In resolving the dispute, the arbitrator may— confirm the approval conditions imposed by the responsible entity; or amend the conditions; or set aside the conditions and substitute other conditions.\n(sec.428-ssec.2) The arbitrator may exercise the powers of an arbitrator under the Commercial Arbitration Act 2013 .\n- (a) confirm the approval conditions imposed by the responsible entity; or\n- (b) amend the conditions; or\n- (c) set aside the conditions and substitute other conditions.","sortOrder":861},{"sectionNumber":"sec.429","sectionType":"section","heading":"Hearing procedures","content":"### sec.429 Hearing procedures\n\nAn arbitration must be by way of rehearing, unaffected by the responsible entity’s decision on the approval conditions.\nUnless this division or a regulation made under schedule 1 otherwise provides, the practice and procedure for an arbitration follow the practice and procedure for an arbitration under the Commercial Arbitration Act 2013 .\ns 429 ins 1998 No. 43 s 18\namd 2013 No. 8 s 43 sch 1 pt 2\n(sec.429-ssec.1) An arbitration must be by way of rehearing, unaffected by the responsible entity’s decision on the approval conditions.\n(sec.429-ssec.2) Unless this division or a regulation made under schedule 1 otherwise provides, the practice and procedure for an arbitration follow the practice and procedure for an arbitration under the Commercial Arbitration Act 2013 .","sortOrder":862},{"sectionNumber":"sec.430","sectionType":"section","heading":"Effect of arbitrator’s decisions","content":"### sec.430 Effect of arbitrator’s decisions\n\nAn arbitrator’s decision under this division is final.\nThe entity and the applicant may not apply for review of, or appeal against, the decision.\nThe approval conditions decided by the arbitrator are, other than for section 424 and this division, taken to be the approval conditions imposed by the responsible entity.\ns 430 ins 1998 No. 43 s 18\n(sec.430-ssec.1) An arbitrator’s decision under this division is final.\n(sec.430-ssec.2) The entity and the applicant may not apply for review of, or appeal against, the decision.\n(sec.430-ssec.3) The approval conditions decided by the arbitrator are, other than for section 424 and this division, taken to be the approval conditions imposed by the responsible entity.","sortOrder":863},{"sectionNumber":"ch.12-pt.2-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":864},{"sectionNumber":"sec.431","sectionType":"section","heading":"Miscellaneous transport infrastructure remains property of licensee","content":"### sec.431 Miscellaneous transport infrastructure remains property of licensee\n\nThis section applies if—\na licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and\nthe licensee has obtained an approval from each responsible entity for the area.\nSubject to a condition of the licensee’s operational licence or an agreement between the licensee and the State, the infrastructure remains the licensee’s property despite—\nthe attaching of the infrastructure to the area; or\nan approval condition.\nHowever, an approval condition may provide for—\nif the State agrees—the disposal of the infrastructure to the State on reasonable terms if the licensee no longer holds an operational licence for the infrastructure; or\nif the State and licensee agree—someone else to own or acquire the infrastructure.\ns 431 ins 1998 No. 43 s 18\n(sec.431-ssec.1) This section applies if— a licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and the licensee has obtained an approval from each responsible entity for the area.\n(sec.431-ssec.2) Subject to a condition of the licensee’s operational licence or an agreement between the licensee and the State, the infrastructure remains the licensee’s property despite— the attaching of the infrastructure to the area; or an approval condition.\n(sec.431-ssec.3) However, an approval condition may provide for— if the State agrees—the disposal of the infrastructure to the State on reasonable terms if the licensee no longer holds an operational licence for the infrastructure; or if the State and licensee agree—someone else to own or acquire the infrastructure.\n- (a) a licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and\n- (b) the licensee has obtained an approval from each responsible entity for the area.\n- (a) the attaching of the infrastructure to the area; or\n- (b) an approval condition.\n- (a) if the State agrees—the disposal of the infrastructure to the State on reasonable terms if the licensee no longer holds an operational licence for the infrastructure; or\n- (b) if the State and licensee agree—someone else to own or acquire the infrastructure.","sortOrder":865},{"sectionNumber":"sec.432","sectionType":"section","heading":"Compensation to responsible entity from licensee","content":"### sec.432 Compensation to responsible entity from licensee\n\nThis section applies if—\na licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and\na responsible entity for the area incurs a cost, damage, liability or loss because of the existence, construction, maintenance, use or operation of the infrastructure.\nThe licensee must pay the entity the amount of the cost, damage, loss or liability.\nThe entity may claim the amount in a proceeding in a court with jurisdiction for the amount claimed.\ns 432 ins 1998 No. 43 s 18\n(sec.432-ssec.1) This section applies if— a licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and a responsible entity for the area incurs a cost, damage, liability or loss because of the existence, construction, maintenance, use or operation of the infrastructure.\n(sec.432-ssec.2) The licensee must pay the entity the amount of the cost, damage, loss or liability.\n(sec.432-ssec.3) The entity may claim the amount in a proceeding in a court with jurisdiction for the amount claimed.\n- (a) a licensee constructs, maintains, uses or operates miscellaneous transport infrastructure across, over or under an intersecting area; and\n- (b) a responsible entity for the area incurs a cost, damage, liability or loss because of the existence, construction, maintenance, use or operation of the infrastructure.","sortOrder":866},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Authorities to occupy and use land","content":"# Authorities to occupy and use land","sortOrder":867},{"sectionNumber":"sec.433","sectionType":"section","heading":"Temporary use and occupation of land","content":"### sec.433 Temporary use and occupation of land\n\nTo carry out miscellaneous transport infrastructure works, the chief executive, or anyone authorised in writing by the chief executive, may temporarily occupy and use land, including roads, and do anything on the land that is necessary or convenient.\ns 433 ins 1995 No. 9 s 92 sch 1","sortOrder":868},{"sectionNumber":"sec.434","sectionType":"section","heading":"Notice of entry or permission to enter","content":"### sec.434 Notice of entry or permission to enter\n\nIf a person proposes to occupy or use land under this chapter, the person must—\ngive at least 3 days written notice to the owner or occupier of the land; or\nobtain the written permission of the owner or occupier to the occupation or use.\nThe notice must state—\nthe miscellaneous transport infrastructure works to be carried out; and\nthe use proposed to be made of the land; and\ndetails of the things proposed to be done on the land; and\nan approximate period when the occupation or use is expected to continue.\nA notice may be given under subsection (1) in relation to land even though it is proposed to resume the land for miscellaneous transport infrastructure.\nAfter the end of 3 days after service of a notice under subsection (1) , or with the permission of the owner or occupier, the land may be entered and the miscellaneous transport infrastructure works specified in the notice carried out.\nIf a person proposes to occupy or use land to carry out urgent remedial work to miscellaneous transport infrastructure or miscellaneous transport infrastructure works, subsection (1) does not apply but the person must, if practicable, notify the owner or occupier of the land orally before entering the land.\ns 434 ins 1995 No. 9 s 92 sch 1\n(sec.434-ssec.1) If a person proposes to occupy or use land under this chapter, the person must— give at least 3 days written notice to the owner or occupier of the land; or obtain the written permission of the owner or occupier to the occupation or use.\n(sec.434-ssec.2) The notice must state— the miscellaneous transport infrastructure works to be carried out; and the use proposed to be made of the land; and details of the things proposed to be done on the land; and an approximate period when the occupation or use is expected to continue.\n(sec.434-ssec.3) A notice may be given under subsection (1) in relation to land even though it is proposed to resume the land for miscellaneous transport infrastructure.\n(sec.434-ssec.4) After the end of 3 days after service of a notice under subsection (1) , or with the permission of the owner or occupier, the land may be entered and the miscellaneous transport infrastructure works specified in the notice carried out.\n(sec.434-ssec.5) If a person proposes to occupy or use land to carry out urgent remedial work to miscellaneous transport infrastructure or miscellaneous transport infrastructure works, subsection (1) does not apply but the person must, if practicable, notify the owner or occupier of the land orally before entering the land.\n- (a) give at least 3 days written notice to the owner or occupier of the land; or\n- (b) obtain the written permission of the owner or occupier to the occupation or use.\n- (a) the miscellaneous transport infrastructure works to be carried out; and\n- (b) the use proposed to be made of the land; and\n- (c) details of the things proposed to be done on the land; and\n- (d) an approximate period when the occupation or use is expected to continue.","sortOrder":869},{"sectionNumber":"sec.435","sectionType":"section","heading":"Compensation for physical damage from entry etc.","content":"### sec.435 Compensation for physical damage from entry etc.\n\nAn owner of land that is entered, occupied or used under this chapter may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials.\nCompensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended.\nHowever, the chief executive may allow a claim to be made at a later time.\nCompensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired.\ns 435 ins 1995 No. 9 s 92 sch 1\n(sec.435-ssec.1) An owner of land that is entered, occupied or used under this chapter may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials.\n(sec.435-ssec.2) Compensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended.\n(sec.435-ssec.3) However, the chief executive may allow a claim to be made at a later time.\n(sec.435-ssec.4) Compensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired.","sortOrder":870},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Powers of chief executive over required land","content":"# Powers of chief executive over required land","sortOrder":871},{"sectionNumber":"sec.436","sectionType":"section","heading":"Chief executive may grant interests in land","content":"### sec.436 Chief executive may grant interests in land\n\nThe chief executive may, for the State, grant or dispose of an interest in required land used, or proposed to be used, for miscellaneous transport infrastructure to—\na licensee; or\nsomeone else authorised under another Act to construct, maintain, use or operate miscellaneous transport infrastructure.\na licence or right to use or occupy required land\nThe chief executive may grant the interest on conditions, including, for example, a condition that the interest ends if the person ceases to be a person entitled to be granted the interest.\nThis section has effect despite the Acquisition of Land Act 1967 .\ns 436 ins 1995 No. 9 s 92 sch 1\namd 1998 No. 43 s 20\n(sec.436-ssec.1) The chief executive may, for the State, grant or dispose of an interest in required land used, or proposed to be used, for miscellaneous transport infrastructure to— a licensee; or someone else authorised under another Act to construct, maintain, use or operate miscellaneous transport infrastructure. a licence or right to use or occupy required land\n(sec.436-ssec.2) The chief executive may grant the interest on conditions, including, for example, a condition that the interest ends if the person ceases to be a person entitled to be granted the interest.\n(sec.436-ssec.3) This section has effect despite the Acquisition of Land Act 1967 .\n- (a) a licensee; or\n- (b) someone else authorised under another Act to construct, maintain, use or operate miscellaneous transport infrastructure.","sortOrder":872},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":873},{"sectionNumber":"sec.437","sectionType":"section","heading":"Effect of chapter on other Acts","content":"### sec.437 Effect of chapter on other Acts\n\nThis chapter has effect despite a provision of another Act about—\nconstructing miscellaneous transport infrastructure; or\nacquiring interests in land, or doing anything else, to enable the construction of miscellaneous transport infrastructure.\ns 437 ins 1995 No. 9 s 92 sch 1\n- (a) constructing miscellaneous transport infrastructure; or\n- (b) acquiring interests in land, or doing anything else, to enable the construction of miscellaneous transport infrastructure.","sortOrder":874},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":875},{"sectionNumber":"sec.438","sectionType":"section","heading":"Definitions for ch 13","content":"### sec.438 Definitions for ch 13\n\nIn this chapter—\nnetwork company means a QR National company that is a railway manager for a railway situated in Queensland.\ns 438 def network company ins 2010 No. 32 s 76\nprohibited shareholding interest see section 438C .\nQR National means the entity declared by the Treasurer under section 438A .\nQR National company means QR National or a related body corporate of QR National.\ns 438 def QR National company ins 2010 No. 32 s 76\nrelevant interest see section 438B (1) .\nrelevant person means the Minister, a director of QR National or a secretary of QR National.\ns 438 ins 1998 No. 21 s 39\namd 2007 No. 10 s 62 sch ; 2008 No. 67 s 144\nsub 2010 No. 19 s 74","sortOrder":876},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Declaration of QR National","content":"# Declaration of QR National","sortOrder":877},{"sectionNumber":"sec.438A","sectionType":"section","heading":"Treasurer to declare QR National by gazette notice","content":"### sec.438A Treasurer to declare QR National by gazette notice\n\nThe Treasurer must, by gazette notice made within 6 months after the commencement of this section, state the entity that is, or is to be, the ultimate holding company of QR Limited ACN 124 649 967.\ns 438A ins 2010 No. 19 s 74","sortOrder":878},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Regulation of shareholding interests","content":"# Regulation of shareholding interests","sortOrder":879},{"sectionNumber":"sec.438B","sectionType":"section","heading":"Matters relating to relevant interests in shares","content":"### sec.438B Matters relating to relevant interests in shares\n\nFor this part, a person has a relevant interest in a share only if the person would be taken to have a relevant interest in the share because of the Corporations Act , sections 608 and 609 .\nFor this part, the voting power a person, including QR National, has in QR National is the person’s voting power determined in accordance with the Corporations Act , section 610 as if a reference in that section to a relevant interest were a reference to a relevant interest mentioned in subsection (1) .\nThe Treasurer may, by gazette notice, provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of shares, must be disregarded—\nin the circumstances and subject to any conditions stated in the gazette notice; and\nfor the purposes stated in the gazette notice.\ns 438B ins 2010 No. 19 s 74\n(sec.438B-ssec.1) For this part, a person has a relevant interest in a share only if the person would be taken to have a relevant interest in the share because of the Corporations Act , sections 608 and 609 .\n(sec.438B-ssec.2) For this part, the voting power a person, including QR National, has in QR National is the person’s voting power determined in accordance with the Corporations Act , section 610 as if a reference in that section to a relevant interest were a reference to a relevant interest mentioned in subsection (1) .\n(sec.438B-ssec.3) The Treasurer may, by gazette notice, provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of shares, must be disregarded— in the circumstances and subject to any conditions stated in the gazette notice; and for the purposes stated in the gazette notice.\n- (a) in the circumstances and subject to any conditions stated in the gazette notice; and\n- (b) for the purposes stated in the gazette notice.","sortOrder":880},{"sectionNumber":"sec.438C","sectionType":"section","heading":"Prohibited shareholding interest","content":"### sec.438C Prohibited shareholding interest\n\nA person has a prohibited shareholding interest if the person has a voting power of more than 15% in QR National.\nA person must not have a prohibited shareholding interest.\nFor this part, QR National and subsidiaries of QR National are taken not to have a prohibited shareholding interest.\nQR National must take all reasonable steps to ensure that no person obtains or maintains a prohibited shareholding interest.\ns 438C ins 2010 No. 19 s 74\n(sec.438C-ssec.1) A person has a prohibited shareholding interest if the person has a voting power of more than 15% in QR National.\n(sec.438C-ssec.2) A person must not have a prohibited shareholding interest.\n(sec.438C-ssec.3) For this part, QR National and subsidiaries of QR National are taken not to have a prohibited shareholding interest.\n(sec.438C-ssec.4) QR National must take all reasonable steps to ensure that no person obtains or maintains a prohibited shareholding interest.","sortOrder":881},{"sectionNumber":"sec.438D","sectionType":"section","heading":"Power to require information relating to entitlement to shares in QR National","content":"### sec.438D Power to require information relating to entitlement to shares in QR National\n\nA relevant person may, by notice in writing served on a person who has, or is suspected by the relevant person of having, a relevant interest in shares in QR National, require the person to give information stated in the notice for the purpose of determining whether that person or any other person has, or is taking action to acquire, a prohibited shareholding interest.\nA notice under subsection (1) may require the person on whom the notice is served or, if that person is a corporation, a director of the corporation, to verify by statutory declaration any information given in compliance with the notice.\ns 438D ins 2010 No. 19 s 74\n(sec.438D-ssec.1) A relevant person may, by notice in writing served on a person who has, or is suspected by the relevant person of having, a relevant interest in shares in QR National, require the person to give information stated in the notice for the purpose of determining whether that person or any other person has, or is taking action to acquire, a prohibited shareholding interest.\n(sec.438D-ssec.2) A notice under subsection (1) may require the person on whom the notice is served or, if that person is a corporation, a director of the corporation, to verify by statutory declaration any information given in compliance with the notice.","sortOrder":882},{"sectionNumber":"sec.438E","sectionType":"section","heading":"Remedial orders","content":"### sec.438E Remedial orders\n\nSubsection (2) applies if a person has, or is reasonably suspected by a relevant person of having, a prohibited shareholding interest.\nThe Supreme Court may, on an application made by the Minister or QR National, make the orders the court considers appropriate to stop the person benefiting from that interest and to procure compliance with this part, including the following orders—\nan order directing the disposal of shares;\nan order restraining the exercise of any rights attached to shares;\nan order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person;\nan order that any exercise of rights attached to shares has no effect.\nWithout limiting the orders the Supreme Court may make under subsection (2) , the court may—\nfor the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and\nmake an order containing the ancillary or consequential provisions the court thinks fit.\nThe Supreme Court may, before making an order under this section, direct that either or both of the following happen—\nnotice of the application be given to the persons the court thinks fit;\nnotice of the application be published in the manner the court thinks fit.\nThe Supreme Court may, by order, rescind, vary, discharge or suspend the operation of an order made by it under this section.\ns 438E ins 2010 No. 19 s 74\n(sec.438E-ssec.1) Subsection (2) applies if a person has, or is reasonably suspected by a relevant person of having, a prohibited shareholding interest.\n(sec.438E-ssec.2) The Supreme Court may, on an application made by the Minister or QR National, make the orders the court considers appropriate to stop the person benefiting from that interest and to procure compliance with this part, including the following orders— an order directing the disposal of shares; an order restraining the exercise of any rights attached to shares; an order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person; an order that any exercise of rights attached to shares has no effect.\n(sec.438E-ssec.3) Without limiting the orders the Supreme Court may make under subsection (2) , the court may— for the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and make an order containing the ancillary or consequential provisions the court thinks fit.\n(sec.438E-ssec.4) The Supreme Court may, before making an order under this section, direct that either or both of the following happen— notice of the application be given to the persons the court thinks fit; notice of the application be published in the manner the court thinks fit.\n(sec.438E-ssec.5) The Supreme Court may, by order, rescind, vary, discharge or suspend the operation of an order made by it under this section.\n- (a) an order directing the disposal of shares;\n- (b) an order restraining the exercise of any rights attached to shares;\n- (c) an order prohibiting or deferring the payment of any sums due to a person in relation to shares held by the person;\n- (d) an order that any exercise of rights attached to shares has no effect.\n- (a) for the purpose of procuring compliance with any other order made under this section, make an order directing any person to do or refrain from doing a stated act; and\n- (b) make an order containing the ancillary or consequential provisions the court thinks fit.\n- (a) notice of the application be given to the persons the court thinks fit;\n- (b) notice of the application be published in the manner the court thinks fit.","sortOrder":883},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"Business location obligations","content":"# Business location obligations","sortOrder":884},{"sectionNumber":"sec.438F","sectionType":"section","heading":"Business location obligations","content":"### sec.438F Business location obligations\n\nQR National must—\nensure at least half of the board meetings of QR National in each year are held in Queensland; and\nensure the central management and control of QR National is ordinarily exercised in Queensland, including through maintaining in Queensland the principal operational offices of the following company personnel, however described—\nmanaging director;\nchief executive officer;\nchief financial officer;\ncompany secretary; and\nensure corporate services are provided through offices in Queensland to the extent the corporate services primarily relate to the operations of QR National and its subsidiaries undertaken in Queensland; and\nensure QR National’s annual general meeting is held in Queensland at least every 2 years; and\nmaintain a substantial operational presence in Queensland.\nFor subsection (1) (e) , QR National maintains a substantial operational presence in Queensland if QR National and its subsidiaries have the following operations undertaken principally in Queensland—\nthe operation and maintenance of rail track infrastructure located in Queensland;\nthe operation and maintenance of rolling stock primarily used in Queensland;\nthe provision of services directly associated with the operations mentioned in paragraphs (a) and (b) .\ns 438F ins 2010 No. 19 s 74\n(sec.438F-ssec.1) QR National must— ensure at least half of the board meetings of QR National in each year are held in Queensland; and ensure the central management and control of QR National is ordinarily exercised in Queensland, including through maintaining in Queensland the principal operational offices of the following company personnel, however described— managing director; chief executive officer; chief financial officer; company secretary; and ensure corporate services are provided through offices in Queensland to the extent the corporate services primarily relate to the operations of QR National and its subsidiaries undertaken in Queensland; and ensure QR National’s annual general meeting is held in Queensland at least every 2 years; and maintain a substantial operational presence in Queensland.\n(sec.438F-ssec.2) For subsection (1) (e) , QR National maintains a substantial operational presence in Queensland if QR National and its subsidiaries have the following operations undertaken principally in Queensland— the operation and maintenance of rail track infrastructure located in Queensland; the operation and maintenance of rolling stock primarily used in Queensland; the provision of services directly associated with the operations mentioned in paragraphs (a) and (b) .\n- (a) ensure at least half of the board meetings of QR National in each year are held in Queensland; and\n- (b) ensure the central management and control of QR National is ordinarily exercised in Queensland, including through maintaining in Queensland the principal operational offices of the following company personnel, however described— (i) managing director; (ii) chief executive officer; (iii) chief financial officer; (iv) company secretary; and\n- (i) managing director;\n- (ii) chief executive officer;\n- (iii) chief financial officer;\n- (iv) company secretary; and\n- (c) ensure corporate services are provided through offices in Queensland to the extent the corporate services primarily relate to the operations of QR National and its subsidiaries undertaken in Queensland; and\n- (d) ensure QR National’s annual general meeting is held in Queensland at least every 2 years; and\n- (e) maintain a substantial operational presence in Queensland.\n- (i) managing director;\n- (ii) chief executive officer;\n- (iii) chief financial officer;\n- (iv) company secretary; and\n- (a) the operation and maintenance of rail track infrastructure located in Queensland;\n- (b) the operation and maintenance of rolling stock primarily used in Queensland;\n- (c) the provision of services directly associated with the operations mentioned in paragraphs (a) and (b) .","sortOrder":885},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"Governance","content":"# Governance","sortOrder":886},{"sectionNumber":"sec.438G","sectionType":"section","heading":"Requirements about appointment of directors","content":"### sec.438G Requirements about appointment of directors\n\nThe majority of the directors of a network company must consist of eligible persons.\nIn this section—\neligible person means a person who—\nis not an employee of a QR National company; and\nhas not been an employee of a QR National company at any time during the ineligibility period; and\nis not engaged by a QR National company to provide advisory or consultancy services to a QR National company, if the engagement could reasonably be regarded as material to that person; and\nhas not been engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if the engagement could reasonably be regarded as material to that person; and\nis not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that is engaged by a QR National company to provide advisory or consultancy services to a QR National company, if—\nthe person is directly involved in providing those services; and\nthe engagement could reasonably be regarded as material to the company or partnership; and\nwas not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that was engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if—\nthe person was directly involved in providing those services; and\nthe engagement could reasonably be regarded as material to the company or partnership; and\nis not an employee of a company or partnership, an officer of a company other than a QR National company, or a partner in a partnership, that has a contract with a QR National company, if the contract could reasonably be regarded as material to the company or partnership; and\ndoes not have a substantial holding in a QR National company; and\nis not an officer of a company that—\nis not a QR National company; and\nhas a substantial holding in a QR National company.\nemployee , of a company, does not include a person who is engaged solely as a director of the company.\nineligibility period , in relation to an eligible person, means the period of 3 years prior to the appointment of the person as a director of the network company.\nsubstantial holding has the meaning given in the Corporations Act .\ns 438G ins 2010 No. 32 s 77\n(sec.438G-ssec.1) The majority of the directors of a network company must consist of eligible persons.\n(sec.438G-ssec.2) In this section— eligible person means a person who— is not an employee of a QR National company; and has not been an employee of a QR National company at any time during the ineligibility period; and is not engaged by a QR National company to provide advisory or consultancy services to a QR National company, if the engagement could reasonably be regarded as material to that person; and has not been engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if the engagement could reasonably be regarded as material to that person; and is not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that is engaged by a QR National company to provide advisory or consultancy services to a QR National company, if— the person is directly involved in providing those services; and the engagement could reasonably be regarded as material to the company or partnership; and was not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that was engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if— the person was directly involved in providing those services; and the engagement could reasonably be regarded as material to the company or partnership; and is not an employee of a company or partnership, an officer of a company other than a QR National company, or a partner in a partnership, that has a contract with a QR National company, if the contract could reasonably be regarded as material to the company or partnership; and does not have a substantial holding in a QR National company; and is not an officer of a company that— is not a QR National company; and has a substantial holding in a QR National company. employee , of a company, does not include a person who is engaged solely as a director of the company. ineligibility period , in relation to an eligible person, means the period of 3 years prior to the appointment of the person as a director of the network company. substantial holding has the meaning given in the Corporations Act .\n- (a) is not an employee of a QR National company; and\n- (b) has not been an employee of a QR National company at any time during the ineligibility period; and\n- (c) is not engaged by a QR National company to provide advisory or consultancy services to a QR National company, if the engagement could reasonably be regarded as material to that person; and\n- (d) has not been engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if the engagement could reasonably be regarded as material to that person; and\n- (e) is not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that is engaged by a QR National company to provide advisory or consultancy services to a QR National company, if— (i) the person is directly involved in providing those services; and (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (i) the person is directly involved in providing those services; and\n- (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (f) was not an employee of a company or partnership, an officer of a company, or a partner in a partnership, that was engaged by a QR National company to provide advisory or consultancy services to a QR National company at any time during the ineligibility period, if— (i) the person was directly involved in providing those services; and (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (i) the person was directly involved in providing those services; and\n- (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (g) is not an employee of a company or partnership, an officer of a company other than a QR National company, or a partner in a partnership, that has a contract with a QR National company, if the contract could reasonably be regarded as material to the company or partnership; and\n- (h) does not have a substantial holding in a QR National company; and\n- (i) is not an officer of a company that— (i) is not a QR National company; and (ii) has a substantial holding in a QR National company.\n- (i) is not a QR National company; and\n- (ii) has a substantial holding in a QR National company.\n- (i) the person is directly involved in providing those services; and\n- (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (i) the person was directly involved in providing those services; and\n- (ii) the engagement could reasonably be regarded as material to the company or partnership; and\n- (i) is not a QR National company; and\n- (ii) has a substantial holding in a QR National company.","sortOrder":887},{"sectionNumber":"sec.438H","sectionType":"section","heading":"Related party access agreements","content":"### sec.438H Related party access agreements\n\nA network company must not enter into an access agreement with another QR National company unless the agreement has been approved by the board of directors of the network company.\nThe board of directors of a network company must not approve an access agreement mentioned in subsection (1) unless the board is reasonably satisfied the agreement is on arms-length terms.\nIn this section—\naccess agreement see the Queensland Competition Authority Act 1997 , schedule 2 .\ns 438H ins 2010 No. 32 s 77\n(sec.438H-ssec.1) A network company must not enter into an access agreement with another QR National company unless the agreement has been approved by the board of directors of the network company.\n(sec.438H-ssec.2) The board of directors of a network company must not approve an access agreement mentioned in subsection (1) unless the board is reasonably satisfied the agreement is on arms-length terms.\n(sec.438H-ssec.3) In this section— access agreement see the Queensland Competition Authority Act 1997 , schedule 2 .","sortOrder":888},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Introductory","content":"# Introductory","sortOrder":889},{"sectionNumber":"sec.439","sectionType":"section","heading":"Purposes of ch 14","content":"### sec.439 Purposes of ch 14\n\nThe purposes of this chapter are—\nto reduce risk arising from transporting dangerous goods by rail; and\nto help create a substantially uniform national rail transport law about dangerous goods; and\nto promote consistency between the regulation of the transport of dangerous goods by rail and by other modes of transport.\ns 439 ins 2001 No. 79 s 34\n- (a) to reduce risk arising from transporting dangerous goods by rail; and\n- (b) to help create a substantially uniform national rail transport law about dangerous goods; and\n- (c) to promote consistency between the regulation of the transport of dangerous goods by rail and by other modes of transport.","sortOrder":890},{"sectionNumber":"sec.440","sectionType":"section","heading":"Application of chapter","content":"### sec.440 Application of chapter\n\nThis chapter—\napplies only to the transportation of dangerous goods by rail, other than prescribed exempt transport; and\napplies in addition to, and does not limit, any other provision of this Act or any other Act.\ns 440 ins 2001 No. 79 s 34\namd 2003 No. 29 s 385 ; 2008 No. 67 s 4 ; 2017 No. 25 s 58\nsub 2019 No. 25 s 15\n- (a) applies only to the transportation of dangerous goods by rail, other than prescribed exempt transport; and\n- (b) applies in addition to, and does not limit, any other provision of this Act or any other Act.","sortOrder":891},{"sectionNumber":"sec.441","sectionType":"section","heading":"Ch 14 binds all persons","content":"### sec.441 Ch 14 binds all persons\n\nThis chapter binds all persons, including every Queensland government entity, and, so far as the legislative power of the Parliament permits, every government entity of the Commonwealth or of another State.\nIn this section—\ngovernment entity includes—\nthe State, the Commonwealth or another State; and\nan instrumentality, agent, authority, company, GOC or entity of the State, the Commonwealth or another State.\ns 441 ins 2001 No. 79 s 34\n(sec.441-ssec.1) This chapter binds all persons, including every Queensland government entity, and, so far as the legislative power of the Parliament permits, every government entity of the Commonwealth or of another State.\n(sec.441-ssec.2) In this section— government entity includes— the State, the Commonwealth or another State; and an instrumentality, agent, authority, company, GOC or entity of the State, the Commonwealth or another State.\n- (a) the State, the Commonwealth or another State; and\n- (b) an instrumentality, agent, authority, company, GOC or entity of the State, the Commonwealth or another State.","sortOrder":892},{"sectionNumber":"sec.441A","sectionType":"section","heading":"Definition for chapter","content":"### sec.441A Definition for chapter\n\nIn this chapter—\nprescribed exempt transport means the transport of dangerous goods by rail that is prescribed by regulation as exempt from the application of this chapter.\ns 441A ins 2019 No. 25 s 16","sortOrder":893},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Regulations","content":"# Regulations","sortOrder":894},{"sectionNumber":"sec.442","sectionType":"section","heading":"Regulations about dangerous goods","content":"### sec.442 Regulations about dangerous goods\n\nA regulation may make provision about dangerous goods and the transport of dangerous goods by rail, including, for example, the following—\nidentifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;\nthe making of decisions by the chief executive for the purposes of a regulation in relation to the following—\nthe identification and classification of goods as dangerous goods;\nthe identification and classification of dangerous goods;\nthe specification of what is, and what is not, compatible with dangerous goods for transport purposes;\nprohibiting or regulating the transport of dangerous goods;\nregulating the containment of dangerous goods that are being, or that are to be, transported;\nthe analysis and testing of dangerous goods;\nthe marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported;\ncontainers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods;\nthe manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods;\nthe loading of dangerous goods for, and the unloading of dangerous goods after, their transportation;\ndeciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported;\nprocedures for transporting dangerous goods, including—\nthe quantities and circumstances in which dangerous goods may be transported; and\nsafety procedures and equipment;\nthe approval of—\nrail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\nfacilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\nprocesses carried out in relation to transporting dangerous goods;\nother approvals;\ndocuments to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation;\nobligations arising, and procedures to be followed, in a dangerous situation;\nthe training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods;\nthe recognition of accredited providers of training, package testing, design verification and other similar activities;\nexempting from the application of this chapter the transport by rail—\nof stated types of dangerous goods; and\nof dangerous goods in stated circumstances or ways.\nWithout limiting subsection (1) , a regulation may make provision about—\nthe recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and\nthe recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\nFor subsection (1A) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel—\nan application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or\na decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if—\nthe chief executive considers the decision, approval or exemption should be cancelled or amended; or\na dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or\na recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption.\nIf a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.\nA regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.\nWithout limiting subsection (1) , a regulation may provide—\nfor the granting or renewing of, or refusing to grant or renew, an approval or exemption; or\ngrounds for amending, suspending or cancelling an approval or exemption.\nThe Statutory Instruments Act 1992 is not limited by this section.\nIn this section—\namend includes vary.\ncorresponding law means—\na law of another State corresponding, or substantially corresponding, to this chapter; or\na law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.\ns 442 ins 2001 No. 79 s 34\namd 2008 No. 67 s 5 ; 2019 No. 25 s 17\n(sec.442-ssec.1) A regulation may make provision about dangerous goods and the transport of dangerous goods by rail, including, for example, the following— identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods; the making of decisions by the chief executive for the purposes of a regulation in relation to the following— the identification and classification of goods as dangerous goods; the identification and classification of dangerous goods; the specification of what is, and what is not, compatible with dangerous goods for transport purposes; prohibiting or regulating the transport of dangerous goods; regulating the containment of dangerous goods that are being, or that are to be, transported; the analysis and testing of dangerous goods; the marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported; containers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods; the manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods; the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation; deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported; procedures for transporting dangerous goods, including— the quantities and circumstances in which dangerous goods may be transported; and safety procedures and equipment; the approval of— rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and processes carried out in relation to transporting dangerous goods; other approvals; documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation; obligations arising, and procedures to be followed, in a dangerous situation; the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods; the recognition of accredited providers of training, package testing, design verification and other similar activities; exempting from the application of this chapter the transport by rail— of stated types of dangerous goods; and of dangerous goods in stated circumstances or ways.\n(sec.442-ssec.1A) Without limiting subsection (1) , a regulation may make provision about— the recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\n(sec.442-ssec.1B) For subsection (1A) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel— an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— the chief executive considers the decision, approval or exemption should be cancelled or amended; or a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption.\n(sec.442-ssec.1C) If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.\n(sec.442-ssec.1D) A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.\n(sec.442-ssec.2) Without limiting subsection (1) , a regulation may provide— for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or grounds for amending, suspending or cancelling an approval or exemption.\n(sec.442-ssec.3) The Statutory Instruments Act 1992 is not limited by this section.\n(sec.442-ssec.4) In this section— amend includes vary. corresponding law means— a law of another State corresponding, or substantially corresponding, to this chapter; or a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.\n- (a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;\n- (b) the making of decisions by the chief executive for the purposes of a regulation in relation to the following— (i) the identification and classification of goods as dangerous goods; (ii) the identification and classification of dangerous goods; (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes; (iv) prohibiting or regulating the transport of dangerous goods; (v) regulating the containment of dangerous goods that are being, or that are to be, transported;\n- (i) the identification and classification of goods as dangerous goods;\n- (ii) the identification and classification of dangerous goods;\n- (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;\n- (iv) prohibiting or regulating the transport of dangerous goods;\n- (v) regulating the containment of dangerous goods that are being, or that are to be, transported;\n- (d) the analysis and testing of dangerous goods;\n- (e) the marking and labelling of packages containing dangerous goods for transport and the placarding of rail vehicles and packaging on or in which dangerous goods are transported;\n- (g) containers, rail vehicles, packaging equipment and other items to be used for transporting dangerous goods;\n- (h) the manufacture of rail vehicles, containers, packaging, equipment and other items for use in transporting dangerous goods;\n- (i) the loading of dangerous goods for, and the unloading of dangerous goods after, their transportation;\n- (j) deciding routes along which, the areas in which and the times during which, dangerous goods may or may not be transported;\n- (k) procedures for transporting dangerous goods, including— (i) the quantities and circumstances in which dangerous goods may be transported; and (ii) safety procedures and equipment;\n- (i) the quantities and circumstances in which dangerous goods may be transported; and\n- (ii) safety procedures and equipment;\n- (l) the approval of— (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and (iii) processes carried out in relation to transporting dangerous goods;\n- (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\n- (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\n- (iii) processes carried out in relation to transporting dangerous goods;\n- (n) other approvals;\n- (o) documents to be prepared or kept by persons involved in transporting dangerous goods and the approval of alternative documentation;\n- (p) obligations arising, and procedures to be followed, in a dangerous situation;\n- (q) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods;\n- (r) the recognition of accredited providers of training, package testing, design verification and other similar activities;\n- (s) exempting from the application of this chapter the transport by rail— (i) of stated types of dangerous goods; and (ii) of dangerous goods in stated circumstances or ways.\n- (i) of stated types of dangerous goods; and\n- (ii) of dangerous goods in stated circumstances or ways.\n- (i) the identification and classification of goods as dangerous goods;\n- (ii) the identification and classification of dangerous goods;\n- (iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;\n- (iv) prohibiting or regulating the transport of dangerous goods;\n- (v) regulating the containment of dangerous goods that are being, or that are to be, transported;\n- (i) the quantities and circumstances in which dangerous goods may be transported; and\n- (ii) safety procedures and equipment;\n- (i) rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\n- (ii) facilities for, and methods of, testing or using rail vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and\n- (iii) processes carried out in relation to transporting dangerous goods;\n- (i) of stated types of dangerous goods; and\n- (ii) of dangerous goods in stated circumstances or ways.\n- (a) the recognition of laws of other jurisdictions relating to transporting dangerous goods by rail, things done under those laws and giving effect to those things; and\n- (b) the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\n- (a) an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or\n- (b) a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or\n- (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or\n- (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or\n- (c) a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption.\n- (i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or\n- (ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or\n- (a) for the granting or renewing of, or refusing to grant or renew, an approval or exemption; or\n- (b) grounds for amending, suspending or cancelling an approval or exemption.\n- (a) a law of another State corresponding, or substantially corresponding, to this chapter; or\n- (b) a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.","sortOrder":895},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Approvals and exemptions","content":"# Approvals and exemptions","sortOrder":896},{"sectionNumber":"ch.14-pt.3-div.1","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":897},{"sectionNumber":"sec.443","sectionType":"section","heading":"Exemptions","content":"### sec.443 Exemptions\n\nA person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail.\nThe chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisfied—\nit is not reasonably practicable for the person or class of person to comply with the provision; and\ngranting the exemption—\nwould not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and\nwould not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.\nIf an exemption is given on conditions, the exemption operates only if the conditions are complied with.\nA person operating under an exemption must comply with any conditions on which the exemption was granted.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nIf an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating—\nthe provisions of a dangerous goods regulation in relation to which the exemption applies; and\nthe dangerous goods to which the exemption applies; and\nthe time for which the exemption applies, including the date that the exemption takes effect; and\nthe conditions to which the exemption is subject; and\nthe geographical area for which the exemption applies; and\nfor a class exemption—each of the following to be stated in the exemption—\nthe class of person exempted;\nthe class representative for the exemption.\nIf an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant—\nthat the chief executive is not granting the exemption;\nthe reasons for the decision;\nthat the person may—\nunder section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and\nunder the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed.\nA notice is not required when an exemption is granted on conditions.\nThe Statutory Instruments Act 1992 , sections 24 to 26 apply to the exemption as if it were a statutory instrument.\nA regulation may make provision in relation to applying for, and the giving of, exemptions under this Act.\nIn this section—\napplicant means—\na person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or\na person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or\na person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) .\ns 443 ins 2001 No. 79 s 34\namd 2008 No. 67 s 6 ; 2008 No. 66 s 4 sch pt 2\n(sec.443-ssec.1) A person, or a representative of a class of person, may apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail.\n(sec.443-ssec.2) The chief executive may, on an application under subsection (1) or on the chief executive’s own initiative, exempt a person or a class of person from complying with the provision if satisfied— it is not reasonably practicable for the person or class of person to comply with the provision; and granting the exemption— would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.\n(sec.443-ssec.3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.\n(sec.443-ssec.4) A person operating under an exemption must comply with any conditions on which the exemption was granted. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.443-ssec.5) If an application is made for an exemption and the chief executive grants the exemption, the chief executive must send to each applicant a notice stating— the provisions of a dangerous goods regulation in relation to which the exemption applies; and the dangerous goods to which the exemption applies; and the time for which the exemption applies, including the date that the exemption takes effect; and the conditions to which the exemption is subject; and the geographical area for which the exemption applies; and for a class exemption—each of the following to be stated in the exemption— the class of person exempted; the class representative for the exemption.\n(sec.443-ssec.6) If an application is made for an exemption and the chief executive does not grant the exemption, the chief executive must give a notice stating the following to each applicant— that the chief executive is not granting the exemption; the reasons for the decision; that the person may— under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed. A notice is not required when an exemption is granted on conditions.\n(sec.443-ssec.7) The Statutory Instruments Act 1992 , sections 24 to 26 apply to the exemption as if it were a statutory instrument.\n(sec.443-ssec.8) A regulation may make provision in relation to applying for, and the giving of, exemptions under this Act.\n(sec.443-ssec.9) In this section— applicant means— a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) .\n- (a) it is not reasonably practicable for the person or class of person to comply with the provision; and\n- (b) granting the exemption— (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.\n- (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and\n- (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.\n- (i) would not be likely to create a risk of a dangerous situation, greater than would be the case if the person or class of person did comply; and\n- (ii) would not cause unnecessary administrative or enforcement difficulties, particularly about maintaining national substantially uniform rail transport laws about dangerous goods.\n- (a) the provisions of a dangerous goods regulation in relation to which the exemption applies; and\n- (b) the dangerous goods to which the exemption applies; and\n- (c) the time for which the exemption applies, including the date that the exemption takes effect; and\n- (d) the conditions to which the exemption is subject; and\n- (e) the geographical area for which the exemption applies; and\n- (f) for a class exemption—each of the following to be stated in the exemption— (i) the class of person exempted; (ii) the class representative for the exemption.\n- (i) the class of person exempted;\n- (ii) the class representative for the exemption.\n- (i) the class of person exempted;\n- (ii) the class representative for the exemption.\n- (a) that the chief executive is not granting the exemption;\n- (b) the reasons for the decision;\n- (c) that the person may— (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed.\n- (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed.\n- (i) under section 485 , ask for the decision to be reviewed and appeal against the reviewed decision; and\n- (ii) under the Transport Planning and Coordination Act 1994 , part 5 , ask for the decision or the reviewed decision to be stayed.\n- (a) a person who has applied under subsection (1) for himself or herself, whether or not the application is made jointly with other persons; or\n- (b) a person who is a representative of a class of persons and who has applied under subsection (1) for the class of persons; or\n- (c) a person who is a member of a class of persons and whose name and address is given in an application made by a person as mentioned in paragraph (b) .","sortOrder":898},{"sectionNumber":"ch.14-pt.3-div.2","sectionType":"division","heading":"Amending, suspending or cancelling approval or exemption","content":"## Amending, suspending or cancelling approval or exemption","sortOrder":899},{"sectionNumber":"sec.444","sectionType":"section","heading":"Grounds for amending, suspending or cancelling approval or exemption","content":"### sec.444 Grounds for amending, suspending or cancelling approval or exemption\n\nIt is a ground for amending, suspending or cancelling an approval or exemption if the approval or exemption was—\ngranted because of a document or representation that is false or misleading; or\nobtained or made in another improper way.\nIt is a ground for amending, suspending or cancelling an approval or exemption if the person, or 1 or more of the persons, to whom the approval or exemption applies—\nhas contravened a condition of the approval or exemption; or\nhas been convicted of a dangerous goods offence or of an offence against a law of another State or the Commonwealth about transporting dangerous goods by rail.\nIt is also a ground for amending, suspending or cancelling an exemption if—\npublic safety has been endangered, or is likely to be endangered because of the exemption; or\nthe chief executive considers that if he or she were dealing with an application for the exemption again (a notional application ), the chief executive would not be satisfied, as mentioned in section 443 (2) , in relation to the granting of the notional application; or\nthe chief executive considers it necessary in the public interest.\nIt is also a ground for amending, suspending or cancelling an approval if—\npublic safety has been endangered, or is likely to be endangered because of the exemption; or\nthe chief executive considers it necessary in the public interest.\ns 444 ins 2001 No. 79 s 34\namd 2008 No. 67 s 7\n(sec.444-ssec.1) It is a ground for amending, suspending or cancelling an approval or exemption if the approval or exemption was— granted because of a document or representation that is false or misleading; or obtained or made in another improper way.\n(sec.444-ssec.2) It is a ground for amending, suspending or cancelling an approval or exemption if the person, or 1 or more of the persons, to whom the approval or exemption applies— has contravened a condition of the approval or exemption; or has been convicted of a dangerous goods offence or of an offence against a law of another State or the Commonwealth about transporting dangerous goods by rail.\n(sec.444-ssec.3) It is also a ground for amending, suspending or cancelling an exemption if— public safety has been endangered, or is likely to be endangered because of the exemption; or the chief executive considers that if he or she were dealing with an application for the exemption again (a notional application ), the chief executive would not be satisfied, as mentioned in section 443 (2) , in relation to the granting of the notional application; or the chief executive considers it necessary in the public interest.\n(sec.444-ssec.4) It is also a ground for amending, suspending or cancelling an approval if— public safety has been endangered, or is likely to be endangered because of the exemption; or the chief executive considers it necessary in the public interest.\n- (a) granted because of a document or representation that is false or misleading; or\n- (b) obtained or made in another improper way.\n- (a) has contravened a condition of the approval or exemption; or\n- (b) has been convicted of a dangerous goods offence or of an offence against a law of another State or the Commonwealth about transporting dangerous goods by rail.\n- (a) public safety has been endangered, or is likely to be endangered because of the exemption; or\n- (b) the chief executive considers that if he or she were dealing with an application for the exemption again (a notional application ), the chief executive would not be satisfied, as mentioned in section 443 (2) , in relation to the granting of the notional application; or\n- (c) the chief executive considers it necessary in the public interest.\n- (a) public safety has been endangered, or is likely to be endangered because of the exemption; or\n- (b) the chief executive considers it necessary in the public interest.","sortOrder":900},{"sectionNumber":"sec.445","sectionType":"section","heading":"What chief executive must do before taking proposed action, other than for class exemption","content":"### sec.445 What chief executive must do before taking proposed action, other than for class exemption\n\nThis section applies if the chief executive proposes to amend, suspend or cancel an approval or exemption, other than a class exemption (the proposed action ).\nBefore taking the proposed action, the chief executive must give the holder of the approval or exemption written notice stating—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nif the proposed action is to amend the approval or exemption, including a condition of the approval or exemption—the proposed amendment; and\nif the proposed action is to suspend the approval or exemption—the proposed suspension period; and\nan invitation to the holder of the approval or exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\ns 445 ins 2001 No. 79 s 34\n(sec.445-ssec.1) This section applies if the chief executive proposes to amend, suspend or cancel an approval or exemption, other than a class exemption (the proposed action ).\n(sec.445-ssec.2) Before taking the proposed action, the chief executive must give the holder of the approval or exemption written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is to amend the approval or exemption, including a condition of the approval or exemption—the proposed amendment; and if the proposed action is to suspend the approval or exemption—the proposed suspension period; and an invitation to the holder of the approval or exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is to amend the approval or exemption, including a condition of the approval or exemption—the proposed amendment; and\n- (e) if the proposed action is to suspend the approval or exemption—the proposed suspension period; and\n- (f) an invitation to the holder of the approval or exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.","sortOrder":901},{"sectionNumber":"sec.446","sectionType":"section","heading":"What chief executive must do before taking proposed action for class exemption","content":"### sec.446 What chief executive must do before taking proposed action for class exemption\n\nThis section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the proposed action ).\nBefore taking the proposed action, the chief executive must give written notice to the class representative for the exemption and in the gazette stating—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nif the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and\nif the proposed action is to suspend the exemption—the proposed suspension period; and\nan invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\ns 446 ins 2001 No. 79 s 34\n(sec.446-ssec.1) This section applies if the chief executive proposes to amend, suspend or cancel a class exemption (the proposed action ).\n(sec.446-ssec.2) Before taking the proposed action, the chief executive must give written notice to the class representative for the exemption and in the gazette stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and if the proposed action is to suspend the exemption—the proposed suspension period; and an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is to amend the exemption, including a condition of the exemption—the proposed amendment; and\n- (e) if the proposed action is to suspend the exemption—the proposed suspension period; and\n- (f) an invitation to any member of the class for the exemption to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.","sortOrder":902},{"sectionNumber":"sec.447","sectionType":"section","heading":"Decision on proposed action","content":"### sec.447 Decision on proposed action\n\nIf, after considering any written representations made within the time allowed under section 445 or 446 , the chief executive still considers the proposed action should be taken, the chief executive may—\nif the proposed action was to amend the approval or exemption—amend the approval or exemption; or\nif the proposed action was to suspend the approval or exemption—suspend the approval or exemption for no longer than the period stated in the notice under section 445 or 446 ; or\nif the proposed action was to cancel the approval or exemption—amend or cancel the approval or exemption, or suspend the approval or exemption for a period.\nThe chief executive must give written notice of the chief executive’s decision to—\nfor an approval or exemption, other than a class exemption—the holder; or\nfor a class exemption—the class representative for the exemption.\nIf the chief executive decides to amend, suspend or cancel the approval or exemption, the notice must state the reasons for the decision and be accompanied by an information notice.\nThe decision takes effect on the day notice is given under subsection (2) or a later day stated in the notice.\ns 447 ins 2001 No. 79 s 34\n(sec.447-ssec.1) If, after considering any written representations made within the time allowed under section 445 or 446 , the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action was to amend the approval or exemption—amend the approval or exemption; or if the proposed action was to suspend the approval or exemption—suspend the approval or exemption for no longer than the period stated in the notice under section 445 or 446 ; or if the proposed action was to cancel the approval or exemption—amend or cancel the approval or exemption, or suspend the approval or exemption for a period.\n(sec.447-ssec.2) The chief executive must give written notice of the chief executive’s decision to— for an approval or exemption, other than a class exemption—the holder; or for a class exemption—the class representative for the exemption.\n(sec.447-ssec.3) If the chief executive decides to amend, suspend or cancel the approval or exemption, the notice must state the reasons for the decision and be accompanied by an information notice.\n(sec.447-ssec.4) The decision takes effect on the day notice is given under subsection (2) or a later day stated in the notice.\n- (a) if the proposed action was to amend the approval or exemption—amend the approval or exemption; or\n- (b) if the proposed action was to suspend the approval or exemption—suspend the approval or exemption for no longer than the period stated in the notice under section 445 or 446 ; or\n- (c) if the proposed action was to cancel the approval or exemption—amend or cancel the approval or exemption, or suspend the approval or exemption for a period.\n- (a) for an approval or exemption, other than a class exemption—the holder; or\n- (b) for a class exemption—the class representative for the exemption.","sortOrder":903},{"sectionNumber":"sec.448","sectionType":"section","heading":"Sections 445 – 447 do not apply to beneficial or clerical amendment","content":"### sec.448 Sections 445 – 447 do not apply to beneficial or clerical amendment\n\nSections 445 to 447 do not apply—\nif the chief executive proposes to amend an approval or exemption only—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the interests of any person; or\nif the chief executive proposes to amend an approval or exemption in another way or cancel it and the holder has asked the chief executive to take the proposed action.\nThe chief executive may amend an approval or exemption in a way mentioned in subsection (1) by written notice to—\nfor an approval or exemption, other than a class exemption—the holder; or\nfor a class exemption—the class representative for the exemption.\ns 448 ins 2001 No. 79 s 34\n(sec.448-ssec.1) Sections 445 to 447 do not apply— if the chief executive proposes to amend an approval or exemption only— for a formal or clerical reason; or in another way that does not adversely affect the interests of any person; or if the chief executive proposes to amend an approval or exemption in another way or cancel it and the holder has asked the chief executive to take the proposed action.\n(sec.448-ssec.2) The chief executive may amend an approval or exemption in a way mentioned in subsection (1) by written notice to— for an approval or exemption, other than a class exemption—the holder; or for a class exemption—the class representative for the exemption.\n- (a) if the chief executive proposes to amend an approval or exemption only— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the interests of any person; or\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of any person; or\n- (b) if the chief executive proposes to amend an approval or exemption in another way or cancel it and the holder has asked the chief executive to take the proposed action.\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of any person; or\n- (a) for an approval or exemption, other than a class exemption—the holder; or\n- (b) for a class exemption—the class representative for the exemption.","sortOrder":904},{"sectionNumber":"sec.449","sectionType":"section","heading":"Immediate suspension in the public interest","content":"### sec.449 Immediate suspension in the public interest\n\nDespite sections 445 and 446 , this section applies if the chief executive considers it is necessary in the interest of public safety to immediately suspend an approval or exemption.\nThe chief executive may, by written notice to the holder of the approval or exemption, other than a class exemption, immediately suspend the approval or exemption until the earlier of the following—\na notice is given to the holder under section 447 (2) ; or\nthe end of 56 days after the day the notice under this section is given to the holder.\nThe chief executive may, by written notice to the class representative for a class exemption, immediately suspend the exemption until the earlier of the following—\na notice is given for the exemption under section 447 (2) ; or\nthe end of 56 days after the day the notice under this section is given to the class representative.\nIf the chief executive suspends a class exemption, the chief executive must give notice of the suspension in the gazette.\nA notice under subsection (2) or (3) must state the reasons for the decision and be accompanied by an information notice.\ns 449 ins 2001 No. 79 s 34\namd 2008 No. 67 s 8\n(sec.449-ssec.1) Despite sections 445 and 446 , this section applies if the chief executive considers it is necessary in the interest of public safety to immediately suspend an approval or exemption.\n(sec.449-ssec.2) The chief executive may, by written notice to the holder of the approval or exemption, other than a class exemption, immediately suspend the approval or exemption until the earlier of the following— a notice is given to the holder under section 447 (2) ; or the end of 56 days after the day the notice under this section is given to the holder.\n(sec.449-ssec.3) The chief executive may, by written notice to the class representative for a class exemption, immediately suspend the exemption until the earlier of the following— a notice is given for the exemption under section 447 (2) ; or the end of 56 days after the day the notice under this section is given to the class representative.\n(sec.449-ssec.4) If the chief executive suspends a class exemption, the chief executive must give notice of the suspension in the gazette.\n(sec.449-ssec.5) A notice under subsection (2) or (3) must state the reasons for the decision and be accompanied by an information notice.\n- (a) a notice is given to the holder under section 447 (2) ; or\n- (b) the end of 56 days after the day the notice under this section is given to the holder.\n- (a) a notice is given for the exemption under section 447 (2) ; or\n- (b) the end of 56 days after the day the notice under this section is given to the class representative.","sortOrder":905},{"sectionNumber":"ch.14-pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":906},{"sectionNumber":"sec.450","sectionType":"section","heading":null,"content":"### Section sec.450\n\ns 450 ins 2001 No. 79 s 34\nom 2008 No. 67 s 9","sortOrder":907},{"sectionNumber":"sec.451","sectionType":"section","heading":"Duties when transporting dangerous goods","content":"### sec.451 Duties when transporting dangerous goods\n\nA person involved in transporting dangerous goods by rail must ensure, as far as is practicable, that the goods are transported safely.\nA person involved in transporting dangerous goods by rail must not contravene this chapter or a dangerous goods regulation in circumstances in which the person knew, or ought reasonably to have known, that the contravention would be likely to endanger the safety of another person or of property or the environment.\nMaximum penalty—\nif the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or\notherwise—500 penalty units or 1 year’s imprisonment.\nThis section applies in addition to, and does not limit, any other provision of this chapter or a dangerous goods regulation.\ns 451 ins 2001 No. 79 s 34\namd 2008 No. 67 s 10 ; 2008 No. 66 s 4 sch pt 2\n(sec.451-ssec.1) A person involved in transporting dangerous goods by rail must ensure, as far as is practicable, that the goods are transported safely.\n(sec.451-ssec.2) A person involved in transporting dangerous goods by rail must not contravene this chapter or a dangerous goods regulation in circumstances in which the person knew, or ought reasonably to have known, that the contravention would be likely to endanger the safety of another person or of property or the environment. Maximum penalty— if the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or otherwise—500 penalty units or 1 year’s imprisonment.\n(sec.451-ssec.3) This section applies in addition to, and does not limit, any other provision of this chapter or a dangerous goods regulation.\n- (a) if the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or\n- (b) otherwise—500 penalty units or 1 year’s imprisonment.","sortOrder":908},{"sectionNumber":"sec.452","sectionType":"section","heading":"Exclusion orders prohibiting involvement in the transport of dangerous goods by rail","content":"### sec.452 Exclusion orders prohibiting involvement in the transport of dangerous goods by rail\n\nThis section applies if a person is convicted of a dangerous goods offence.\nThe court before which the person is convicted may, after having regard to the following matters, make an order (an exclusion order ) that the person be prohibited for a stated period from involvement in the transport of dangerous goods by rail—\nthe person’s record in the transport of dangerous goods;\nthe person’s criminal history to the extent the court considers it relevant to the making of the exclusion order;\nthe circumstances surrounding the commission of the offence;\nany other matters the court considers appropriate.\nHowever, the court must not make an exclusion order that prohibits the person from driving a rail vehicle other than a rail vehicle transporting dangerous goods.\nA person must not contravene an exclusion order.\nMaximum penalty—500 penalty units or 2 years imprisonment.\nSubsections (2) and (4) do not limit any other penalty the court may impose for the offence.\nIf a court has made an exclusion order, the court may revoke or amend the exclusion order on the application of—\nthe chief executive; or\nthe person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application.\nFor subsection (6) , the chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application for or against the granting of the revocation or amendment.\nIn this section—\ncriminal history , of a person, means each of the following despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 , 8 and 9 —\nevery conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision;\nevery charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision.\ninvolvement , in the transport of dangerous goods by rail, includes the following—\nimporting, or arranging for the importation of, dangerous goods;\nmarking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road;\nconsigning dangerous goods for transport by rail;\nloading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail;\nundertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail;\ndriving a vehicle carrying dangerous goods by rail;\nbeing a consignee of dangerous goods transported by rail;\nbeing involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) .\ns 452 ins 2001 No. 79 s 34\nsub 2008 No. 67 s 11\namd 2008 No. 66 s 4 sch pt 2\n(sec.452-ssec.1) This section applies if a person is convicted of a dangerous goods offence.\n(sec.452-ssec.2) The court before which the person is convicted may, after having regard to the following matters, make an order (an exclusion order ) that the person be prohibited for a stated period from involvement in the transport of dangerous goods by rail— the person’s record in the transport of dangerous goods; the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order; the circumstances surrounding the commission of the offence; any other matters the court considers appropriate.\n(sec.452-ssec.3) However, the court must not make an exclusion order that prohibits the person from driving a rail vehicle other than a rail vehicle transporting dangerous goods.\n(sec.452-ssec.4) A person must not contravene an exclusion order. Maximum penalty—500 penalty units or 2 years imprisonment.\n(sec.452-ssec.5) Subsections (2) and (4) do not limit any other penalty the court may impose for the offence.\n(sec.452-ssec.6) If a court has made an exclusion order, the court may revoke or amend the exclusion order on the application of— the chief executive; or the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application.\n(sec.452-ssec.7) For subsection (6) , the chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application for or against the granting of the revocation or amendment.\n(sec.452-ssec.8) In this section— criminal history , of a person, means each of the following despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 , 8 and 9 — every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision; every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision. involvement , in the transport of dangerous goods by rail, includes the following— importing, or arranging for the importation of, dangerous goods; marking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road; consigning dangerous goods for transport by rail; loading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail; undertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail; driving a vehicle carrying dangerous goods by rail; being a consignee of dangerous goods transported by rail; being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) .\n- (a) the person’s record in the transport of dangerous goods;\n- (b) the person’s criminal history to the extent the court considers it relevant to the making of the exclusion order;\n- (c) the circumstances surrounding the commission of the offence;\n- (d) any other matters the court considers appropriate.\n- (a) the chief executive; or\n- (b) the person for whom the order was made but only if the court is satisfied there has been a change of circumstances warranting revocation or amendment and the chief executive was given reasonable notice of the application.\n- (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision;\n- (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this provision.\n- (a) importing, or arranging for the importation of, dangerous goods;\n- (b) marking or labelling packages and unit loads containing dangerous goods for transport by rail, and placarding vehicles in which dangerous goods are transported by road;\n- (c) consigning dangerous goods for transport by rail;\n- (d) loading dangerous goods onto a vehicle or into a container that is to be put on a vehicle for transport by rail or unloading dangerous goods that have been transported by rail;\n- (e) undertaking or being responsible for, other than as an employee or subcontractor, the transport of dangerous goods by rail;\n- (f) driving a vehicle carrying dangerous goods by rail;\n- (g) being a consignee of dangerous goods transported by rail;\n- (h) being involved as a director, secretary or manager of a corporation or other person who takes part in the management of a corporation that takes part in something mentioned in paragraphs (a) to (g) .","sortOrder":909},{"sectionNumber":"ch.14-pt.5","sectionType":"part","heading":"Recovery of costs and forfeiture","content":"# Recovery of costs and forfeiture","sortOrder":910},{"sectionNumber":"sec.453","sectionType":"section","heading":"Forfeiture if conviction relates to dangerous goods","content":"### sec.453 Forfeiture if conviction relates to dangerous goods\n\nThis section applies if a person is convicted of a dangerous goods offence.\nThe court before which the person is convicted may order the dangerous goods or their packaging, or other things used to commit the offence, be forfeited to the State.\nSubsection (1) does not limit the court’s power to make any other order on the conviction including an order under section 455 .\ns 453 ins 2001 No. 79 s 34\nsub 2008 No. 67 s 12\n(sec.453-ssec.1) This section applies if a person is convicted of a dangerous goods offence.\n(sec.453-ssec.2) The court before which the person is convicted may order the dangerous goods or their packaging, or other things used to commit the offence, be forfeited to the State.\n(sec.453-ssec.3) Subsection (1) does not limit the court’s power to make any other order on the conviction including an order under section 455 .","sortOrder":911},{"sectionNumber":"sec.454","sectionType":"section","heading":"Dealing with forfeited things etc.","content":"### sec.454 Dealing with forfeited things etc.\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or dispose of the thing.\nThe chief executive must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided.\ns 454 ins 2001 No. 79 s 34\n(sec.454-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.454-ssec.2) Without limiting subsection (1) , the chief executive may destroy or dispose of the thing.\n(sec.454-ssec.3) The chief executive must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided.","sortOrder":912},{"sectionNumber":"sec.455","sectionType":"section","heading":"Recovery of costs from convicted person","content":"### sec.455 Recovery of costs from convicted person\n\nA court convicting a person of a dangerous goods offence may order the person to pay to the State any of the following—\ncosts that have been reasonably incurred in investigating and prosecuting the offence including, for example, collecting, packaging, testing, transporting, storing or destroying the dangerous goods or other evidence;\ncosts that, after the conviction, will be reasonably incurred in collecting, packaging, testing, transporting, storing, destroying, selling or otherwise disposing of the dangerous goods or other evidence, whether or not there is an order under section 453 for forfeiture of the dangerous goods or other things.\nAn amount ordered to be paid under subsection (1) is a debt owing to the State.\nA court may make an order under subsection (1) in addition to any other order the court may make.\nA document purporting to be signed by any of the following stating details of the costs that have been or will be reasonably incurred for a matter mentioned in subsection (1) is evidence of the costs—\nfor the department—the chief executive;\nfor another government entity—the person who is the chief executive or otherwise responsible for the entity.\ns 455 ins 2001 No. 79 s 34\namd 2008 No. 67 s 13\n(sec.455-ssec.1) A court convicting a person of a dangerous goods offence may order the person to pay to the State any of the following— costs that have been reasonably incurred in investigating and prosecuting the offence including, for example, collecting, packaging, testing, transporting, storing or destroying the dangerous goods or other evidence; costs that, after the conviction, will be reasonably incurred in collecting, packaging, testing, transporting, storing, destroying, selling or otherwise disposing of the dangerous goods or other evidence, whether or not there is an order under section 453 for forfeiture of the dangerous goods or other things.\n(sec.455-ssec.2) An amount ordered to be paid under subsection (1) is a debt owing to the State.\n(sec.455-ssec.3) A court may make an order under subsection (1) in addition to any other order the court may make.\n(sec.455-ssec.4) A document purporting to be signed by any of the following stating details of the costs that have been or will be reasonably incurred for a matter mentioned in subsection (1) is evidence of the costs— for the department—the chief executive; for another government entity—the person who is the chief executive or otherwise responsible for the entity.\n- (a) costs that have been reasonably incurred in investigating and prosecuting the offence including, for example, collecting, packaging, testing, transporting, storing or destroying the dangerous goods or other evidence;\n- (b) costs that, after the conviction, will be reasonably incurred in collecting, packaging, testing, transporting, storing, destroying, selling or otherwise disposing of the dangerous goods or other evidence, whether or not there is an order under section 453 for forfeiture of the dangerous goods or other things.\n- (a) for the department—the chief executive;\n- (b) for another government entity—the person who is the chief executive or otherwise responsible for the entity.","sortOrder":913},{"sectionNumber":"sec.456","sectionType":"section","heading":"Recovery of costs of government action","content":"### sec.456 Recovery of costs of government action\n\nThis section applies if any of the following events happen in relation to the transportation of dangerous goods by rail—\na dangerous situation;\nan incident wholly or partly constituted by or arising from—\nthe escape of dangerous goods; or\nan explosion or fire involving dangerous goods;\nan incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.\nIf a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity.\nThe costs are recoverable as a joint and several liability from the following persons—\nthe person who owned the dangerous goods when the event happened;\nthe person who had possession or control of the dangerous goods when the event happened;\nthe person who caused the event;\nthe person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail.\nHowever, costs are not recoverable from a person—\nwho does not incur civil liability because of section 458 ; or\nwho establishes that—\nthe event was primarily caused by someone else; or\nthe person could not, exercising reasonable care, have prevented the event; or\nthe event was not attributable to the person or to an employee, agent or subcontractor of the person.\nThis section does not limit the powers a government entity has apart from this chapter.\ns 456 ins 2001 No. 79 s 34\namd 2008 No. 31 s 72 sch\n(sec.456-ssec.1) This section applies if any of the following events happen in relation to the transportation of dangerous goods by rail— a dangerous situation; an incident wholly or partly constituted by or arising from— the escape of dangerous goods; or an explosion or fire involving dangerous goods; an incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.\n(sec.456-ssec.2) If a government entity incurs costs because of the event, the entity may recover the costs reasonably incurred in dealing with the event as a debt owing to the entity.\n(sec.456-ssec.3) The costs are recoverable as a joint and several liability from the following persons— the person who owned the dangerous goods when the event happened; the person who had possession or control of the dangerous goods when the event happened; the person who caused the event; the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail.\n(sec.456-ssec.4) However, costs are not recoverable from a person— who does not incur civil liability because of section 458 ; or who establishes that— the event was primarily caused by someone else; or the person could not, exercising reasonable care, have prevented the event; or the event was not attributable to the person or to an employee, agent or subcontractor of the person.\n(sec.456-ssec.5) This section does not limit the powers a government entity has apart from this chapter.\n- (a) a dangerous situation;\n- (b) an incident wholly or partly constituted by or arising from— (i) the escape of dangerous goods; or (ii) an explosion or fire involving dangerous goods;\n- (i) the escape of dangerous goods; or\n- (ii) an explosion or fire involving dangerous goods;\n- (c) an incident involving the risk of the escape of dangerous goods or an explosion or fire involving dangerous goods.\n- (i) the escape of dangerous goods; or\n- (ii) an explosion or fire involving dangerous goods;\n- (a) the person who owned the dangerous goods when the event happened;\n- (b) the person who had possession or control of the dangerous goods when the event happened;\n- (c) the person who caused the event;\n- (d) the person responsible (other than as an employee, agent or subcontractor of someone else) for the transportation of the dangerous goods by rail.\n- (a) who does not incur civil liability because of section 458 ; or\n- (b) who establishes that— (i) the event was primarily caused by someone else; or (ii) the person could not, exercising reasonable care, have prevented the event; or (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.\n- (i) the event was primarily caused by someone else; or\n- (ii) the person could not, exercising reasonable care, have prevented the event; or\n- (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.\n- (i) the event was primarily caused by someone else; or\n- (ii) the person could not, exercising reasonable care, have prevented the event; or\n- (iii) the event was not attributable to the person or to an employee, agent or subcontractor of the person.","sortOrder":914},{"sectionNumber":"ch.14-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":915},{"sectionNumber":"sec.457","sectionType":"section","heading":"Facilitation of proof","content":"### sec.457 Facilitation of proof\n\nIn a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or believed at a particular time relevant to the exercise of a power, any of the matters mentioned in subsection (2) , the court must accept the matter as proved if—\nit considers the belief is, or was, reasonable; and\nthere is no evidence to the contrary.\nThe matters are as follows—\nthat dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle;\nthat particular goods are or were dangerous goods or dangerous goods of a particular type;\nif a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods;\nif a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods;\nif a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods;\nif a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\nif markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\nif a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods;\nthat a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.\ns 457 ins 2001 No. 79 s 34\nsub 2008 No. 67 s 14\n(sec.457-ssec.1) In a prosecution for a dangerous goods offence, if an authorised person gives evidence that he or she believes, or believed at a particular time relevant to the exercise of a power, any of the matters mentioned in subsection (2) , the court must accept the matter as proved if— it considers the belief is, or was, reasonable; and there is no evidence to the contrary.\n(sec.457-ssec.2) The matters are as follows— that dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle; that particular goods are or were dangerous goods or dangerous goods of a particular type; if a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods; if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods; if a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods; if a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture; if a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods; that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.\n- (a) it considers the belief is, or was, reasonable; and\n- (b) there is no evidence to the contrary.\n- (a) that dangerous goods described in transport documentation as being carried in a rail vehicle are or were carried in the rail vehicle;\n- (b) that particular goods are or were dangerous goods or dangerous goods of a particular type;\n- (c) if a marking or placard on, or attached to, a substance or container indicates or indicated that the substance is or was or the container contains or contained particular dangerous goods—that the substance is or was or the container contains or contained those dangerous goods;\n- (d) if a marking on, or attached to, a package indicates or indicated that the package contains or contained particular dangerous goods—that the package contains or contained those dangerous goods;\n- (e) if a marking or placard on, or attached to, a vehicle or equipment indicates or indicated that the vehicle or equipment is or was being used to transport dangerous goods—that the vehicle or equipment is or was being used to transport those dangerous goods;\n- (f) if a marking or placard on, or attached to, a substance or packaging indicates or indicated, in relation to the substance, the packaging or the contents of the packaging, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the substance, the packaging or the contents of the packaging has or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\n- (g) if markings on, or attached to, a package indicate or indicated, in relation to the contents of the package, a particular capacity, tare weight, origin, character, specification, ownership or date of manufacture—that the contents of the package have or had that capacity, tare weight, origin, character, specification, ownership or date of manufacture;\n- (h) if a marking or placard on, or attached to, a vehicle or packaging indicates or indicated, in relation to the load of the vehicle or the contents of the packaging, a particular quantity of dangerous goods—that the vehicle or packaging contains or contained that quantity of dangerous goods;\n- (i) that a person is or is not, or was or was not at a particular time, accredited in relation to the transport by rail of dangerous goods.","sortOrder":916},{"sectionNumber":"sec.457A","sectionType":"section","heading":"Document signed by chief executive is evidence of matters stated in it if no evidence to the contrary","content":"### sec.457A Document signed by chief executive is evidence of matters stated in it if no evidence to the contrary\n\nIn a prosecution for a contravention of this Act, a court may admit each of the following documents as evidence if the document purports to be signed by the chief executive—\na document relating to whether a person is exempt from a requirement under section 443 ;\na document relating to a vehicle, equipment or another item required under a dangerous goods regulation to be approved by the chief executive;\na document relating to an accreditation under a dangerous goods regulation about the transport of dangerous goods.\nIf there is no evidence to the contrary, the court must accept the document as proof of the facts stated in it.\ns 457A ins 2008 No. 67 s 14\n(sec.457A-ssec.1) In a prosecution for a contravention of this Act, a court may admit each of the following documents as evidence if the document purports to be signed by the chief executive— a document relating to whether a person is exempt from a requirement under section 443 ; a document relating to a vehicle, equipment or another item required under a dangerous goods regulation to be approved by the chief executive; a document relating to an accreditation under a dangerous goods regulation about the transport of dangerous goods.\n(sec.457A-ssec.2) If there is no evidence to the contrary, the court must accept the document as proof of the facts stated in it.\n- (a) a document relating to whether a person is exempt from a requirement under section 443 ;\n- (b) a document relating to a vehicle, equipment or another item required under a dangerous goods regulation to be approved by the chief executive;\n- (c) a document relating to an accreditation under a dangerous goods regulation about the transport of dangerous goods.","sortOrder":917},{"sectionNumber":"sec.458","sectionType":"section","heading":"Helping in accidents or emergencies","content":"### sec.458 Helping in accidents or emergencies\n\nThis section applies if a person, other than an official—\nhelps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and\nthe help, or attempt to help, is given—\nhonestly and without negligence; and\nwithout any fee, charge or other reward.\nThe person does not incur civil liability for helping or attempting to help.\nIf subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\nThis section does not apply to a person whose act or omission wholly or partly caused the accident, emergency or likely accident or emergency.\nIn this section—\nofficial means a person who is, or is acting under the control of, an authorised person under the Transport Operations (Passenger Transport) Act 1994 .\ns 458 ins 2001 No. 79 s 34\n(sec.458-ssec.1) This section applies if a person, other than an official— helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and the help, or attempt to help, is given— honestly and without negligence; and without any fee, charge or other reward.\n(sec.458-ssec.2) The person does not incur civil liability for helping or attempting to help.\n(sec.458-ssec.3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.458-ssec.4) This section does not apply to a person whose act or omission wholly or partly caused the accident, emergency or likely accident or emergency.\n(sec.458-ssec.5) In this section— official means a person who is, or is acting under the control of, an authorised person under the Transport Operations (Passenger Transport) Act 1994 .\n- (a) helps, or attempts to help, in a situation in which an accident or emergency involving dangerous goods happens or is likely to happen; and\n- (b) the help, or attempt to help, is given— (i) honestly and without negligence; and (ii) without any fee, charge or other reward.\n- (i) honestly and without negligence; and\n- (ii) without any fee, charge or other reward.\n- (i) honestly and without negligence; and\n- (ii) without any fee, charge or other reward.","sortOrder":918},{"sectionNumber":"ch.14-pt.7","sectionType":"part","heading":"Goods too dangerous to be transported","content":"# Goods too dangerous to be transported","sortOrder":919},{"sectionNumber":"sec.458A","sectionType":"section","heading":"Application of Act to goods too dangerous to be transported","content":"### sec.458A Application of Act to goods too dangerous to be transported\n\nUnless otherwise provided, provisions of this Act relating to dangerous goods also apply in relation to goods too dangerous to be transported.\nThis Act does not authorise the transport by rail of goods too dangerous to be transported.\nFor subsection (1) —\na reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and\na reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation that makes provision for goods too dangerous to be transported.\nSubsections (1) and (3) do not apply to the following provisions—\nsection 440 ;\npart 2 ;\nsection 443 .\nAlso, subsections (1) and (3) do not apply to subordinate legislation made under this Act unless a particular instrument of subordinate legislation expressly provides.\nA requirement of this Act imposed because of this part does not apply to the transport by rail of goods too dangerous to be transported to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation.\ns 458A ins 2008 No. 67 s 15\n(sec.458A-ssec.1) Unless otherwise provided, provisions of this Act relating to dangerous goods also apply in relation to goods too dangerous to be transported.\n(sec.458A-ssec.2) This Act does not authorise the transport by rail of goods too dangerous to be transported.\n(sec.458A-ssec.3) For subsection (1) — a reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and a reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation that makes provision for goods too dangerous to be transported.\n(sec.458A-ssec.4) Subsections (1) and (3) do not apply to the following provisions— section 440 ; part 2 ; section 443 .\n(sec.458A-ssec.5) Also, subsections (1) and (3) do not apply to subordinate legislation made under this Act unless a particular instrument of subordinate legislation expressly provides.\n(sec.458A-ssec.6) A requirement of this Act imposed because of this part does not apply to the transport by rail of goods too dangerous to be transported to the extent the goods are transported by, or under the direction of, an authorised person or relevant emergency service officer to prevent a dangerous situation.\n- (a) a reference in a provision of this Act to dangerous goods includes a reference to goods too dangerous to be transported; and\n- (b) a reference in a provision of this Act to a dangerous goods regulation includes a reference to a regulation that makes provision for goods too dangerous to be transported.\n- (a) section 440 ;\n- (b) part 2 ;\n- (c) section 443 .","sortOrder":920},{"sectionNumber":"sec.458B","sectionType":"section","heading":"Consignment of goods too dangerous to be transported prohibited","content":"### sec.458B Consignment of goods too dangerous to be transported prohibited\n\nA person must not consign for transport by rail goods too dangerous to be transported.\nMaximum penalty—\nif the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or\notherwise—500 penalty units or 1 year’s imprisonment.\ns 458B ins 2008 No. 67 s 15\namd 2008 No. 66 s 4 sch pt 2\n- (a) if the contravention results in death or grievous bodily harm to a person—1,000 penalty units or 2 years imprisonment; or\n- (b) otherwise—500 penalty units or 1 year’s imprisonment.","sortOrder":921},{"sectionNumber":"sec.458C","sectionType":"section","heading":"Regulations","content":"### sec.458C Regulations\n\nA regulation may make provision about goods too dangerous to be transported by rail, including, for example, the following—\nidentifying, classifying and regulating goods that are too dangerous to be transported, including prohibiting the transport of the goods;\nthe making of decisions by the chief executive for the purposes of a regulation in relation to the following—\nthe identification and classification of goods as goods too dangerous to be transported;\nthe identification and classification of goods too dangerous to be transported.\nWithout limiting subsection (1) , a regulation may make provision about—\nthe recognition of laws of other jurisdictions relating to goods too dangerous to be transported by rail, things done under those laws and giving effect to those things; and\nthe recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\nFor subsection (2) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel—\nan application made to the chief executive for a decision under this Act if the chief executive considers the decision should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or\na decision under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if—\nthe chief executive considers the decision should be cancelled or amended; or\na dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or\na recommendation by the chief executive to a dangerous goods authority that a decision given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision.\nIf a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.\nA regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.\nThe Statutory Instruments Act 1992 is not limited by this section.\nIn this section—\namend includes vary.\ncorresponding law means—\na law of another State corresponding, or substantially corresponding, to this chapter; or\na law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.\ns 458C ins 2008 No. 67 s 15\n(sec.458C-ssec.1) A regulation may make provision about goods too dangerous to be transported by rail, including, for example, the following— identifying, classifying and regulating goods that are too dangerous to be transported, including prohibiting the transport of the goods; the making of decisions by the chief executive for the purposes of a regulation in relation to the following— the identification and classification of goods as goods too dangerous to be transported; the identification and classification of goods too dangerous to be transported.\n(sec.458C-ssec.2) Without limiting subsection (1) , a regulation may make provision about— the recognition of laws of other jurisdictions relating to goods too dangerous to be transported by rail, things done under those laws and giving effect to those things; and the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\n(sec.458C-ssec.3) For subsection (2) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel— an application made to the chief executive for a decision under this Act if the chief executive considers the decision should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or a decision under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— the chief executive considers the decision should be cancelled or amended; or a dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or a recommendation by the chief executive to a dangerous goods authority that a decision given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision.\n(sec.458C-ssec.4) If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.\n(sec.458C-ssec.5) A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.\n(sec.458C-ssec.6) The Statutory Instruments Act 1992 is not limited by this section.\n(sec.458C-ssec.7) In this section— amend includes vary. corresponding law means— a law of another State corresponding, or substantially corresponding, to this chapter; or a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.\n- (a) identifying, classifying and regulating goods that are too dangerous to be transported, including prohibiting the transport of the goods;\n- (b) the making of decisions by the chief executive for the purposes of a regulation in relation to the following— (i) the identification and classification of goods as goods too dangerous to be transported; (ii) the identification and classification of goods too dangerous to be transported.\n- (i) the identification and classification of goods as goods too dangerous to be transported;\n- (ii) the identification and classification of goods too dangerous to be transported.\n- (i) the identification and classification of goods as goods too dangerous to be transported;\n- (ii) the identification and classification of goods too dangerous to be transported.\n- (a) the recognition of laws of other jurisdictions relating to goods too dangerous to be transported by rail, things done under those laws and giving effect to those things; and\n- (b) the recognition of an entity (the competent authorities panel ) whose membership includes the chief executive and dangerous goods authorities, and other matters in relation to the competent authorities panel.\n- (a) an application made to the chief executive for a decision under this Act if the chief executive considers the decision should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or\n- (b) a decision under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if— (i) the chief executive considers the decision should be cancelled or amended; or (ii) a dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or\n- (i) the chief executive considers the decision should be cancelled or amended; or\n- (ii) a dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or\n- (c) a recommendation by the chief executive to a dangerous goods authority that a decision given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision.\n- (i) the chief executive considers the decision should be cancelled or amended; or\n- (ii) a dangerous goods authority recommended to the chief executive that the decision should be cancelled or amended; or\n- (a) a law of another State corresponding, or substantially corresponding, to this chapter; or\n- (b) a law of the other State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this chapter.","sortOrder":922},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Public marine facilities","content":"# Public marine facilities","sortOrder":923},{"sectionNumber":"sec.459","sectionType":"section","heading":"Appointment of manager of public marine facility","content":"### sec.459 Appointment of manager of public marine facility\n\nThe Governor in Council may, by regulation, appoint a person (the manager ) to manage a public marine facility.\na local government, a port authority, the chief executive or the person who is for the time being the manager of a resort\nThe appointment may only be made if the person consents to the appointment.\nThe appointment may be on conditions stated under the regulation, including the payment of a fee to the chief executive for moorings in the facility.\nUnder a regulation, a condition may be changed if the manager consents to the change.\nHowever, the consent of the manager is not required to change the fee payable under a regulation to the chief executive for moorings in the facility.\nSubsection (3) does not limit the power to impose, under a regulation, fees for moorings in a public marine facility, whether or not a manager has been appointed to manage the facility.\ns 459 ins 2000 No. 6 s 25\n(sec.459-ssec.1) The Governor in Council may, by regulation, appoint a person (the manager ) to manage a public marine facility. a local government, a port authority, the chief executive or the person who is for the time being the manager of a resort\n(sec.459-ssec.2) The appointment may only be made if the person consents to the appointment.\n(sec.459-ssec.3) The appointment may be on conditions stated under the regulation, including the payment of a fee to the chief executive for moorings in the facility.\n(sec.459-ssec.4) Under a regulation, a condition may be changed if the manager consents to the change.\n(sec.459-ssec.5) However, the consent of the manager is not required to change the fee payable under a regulation to the chief executive for moorings in the facility.\n(sec.459-ssec.6) Subsection (3) does not limit the power to impose, under a regulation, fees for moorings in a public marine facility, whether or not a manager has been appointed to manage the facility.","sortOrder":924},{"sectionNumber":"sec.460","sectionType":"section","heading":"Manager’s responsibility for maintenance and injuries etc.","content":"### sec.460 Manager’s responsibility for maintenance and injuries etc.\n\nThe manager is responsible for maintaining the public marine facility in good condition to a standard appropriate to its use.\nThe facility is taken, for the purposes of all adverse civil proceedings in relation to death, injury, damage or loss, to be solely owned, occupied and under the management, control and responsibility of the manager.\nHowever, subsection (2) does not apply to the extent any death, injury, damage or loss is attributable to a structural defect in the facility unless—\nthe defect is attributable to the manager’s failure to—\nproperly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or\nSection 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003.\nproperly maintain the facility; or\nthe defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment.\ns 460 ins 2000 No. 6 s 25\namd 2008 No. 31 s 72 sch\n(sec.460-ssec.1) The manager is responsible for maintaining the public marine facility in good condition to a standard appropriate to its use.\n(sec.460-ssec.2) The facility is taken, for the purposes of all adverse civil proceedings in relation to death, injury, damage or loss, to be solely owned, occupied and under the management, control and responsibility of the manager.\n(sec.460-ssec.3) However, subsection (2) does not apply to the extent any death, injury, damage or loss is attributable to a structural defect in the facility unless— the defect is attributable to the manager’s failure to— properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. properly maintain the facility; or the defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment.\n- (a) the defect is attributable to the manager’s failure to— (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003. (ii) properly maintain the facility; or\n- (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003.\n- (ii) properly maintain the facility; or\n- (b) the defect or its continuation is attributable to a contravention by the manager of the conditions of the manager’s appointment.\n- (i) properly construct, extend or alter the facility in accordance with a sanction under a provision continuing to have effect under repealed section 236 ; or Note— Section 236 (Continuation of certain provisions of Harbours Act requiring approval for certain matters) was repealed on 20 October 2003.\n- (ii) properly maintain the facility; or","sortOrder":925},{"sectionNumber":"sec.461","sectionType":"section","heading":"Management by chief executive","content":"### sec.461 Management by chief executive\n\nThis section applies to a public marine facility, other than a facility in, or on land adjacent to, Gold Coast waters, if, apart from this section, there is no current manager of the facility.\nThe chief executive is taken to be the manager of the public marine facility until the chief executive or someone else is appointed as the manager under section 459 .\nIf the chief executive is the manager of a public marine facility, the chief executive—\nhas any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\nmay exercise any other of the chief executive’s powers, and do anything the chief executive considers necessary or convenient, for the facility’s effective and efficient management.\nThis section does not limit a power the chief executive has apart from this section.\ns 461 ins 2000 No. 6 s 25\namd 2012 No. 38 s 86\n(sec.461-ssec.1) This section applies to a public marine facility, other than a facility in, or on land adjacent to, Gold Coast waters, if, apart from this section, there is no current manager of the facility.\n(sec.461-ssec.2) The chief executive is taken to be the manager of the public marine facility until the chief executive or someone else is appointed as the manager under section 459 .\n(sec.461-ssec.3) If the chief executive is the manager of a public marine facility, the chief executive— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the chief executive’s powers, and do anything the chief executive considers necessary or convenient, for the facility’s effective and efficient management.\n(sec.461-ssec.4) This section does not limit a power the chief executive has apart from this section.\n- (a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\n- (b) may exercise any other of the chief executive’s powers, and do anything the chief executive considers necessary or convenient, for the facility’s effective and efficient management.","sortOrder":926},{"sectionNumber":"sec.461A","sectionType":"section","heading":"Management by Gold Coast Waterways Authority","content":"### sec.461A Management by Gold Coast Waterways Authority\n\nThis section applies to a public marine facility in, or on land adjacent to, Gold Coast waters if, apart from this section, there is no current manager of the facility.\nThe Gold Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459 .\nIf the Gold Coast Waterways Authority is the manager of a public marine facility, the authority—\nhas any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\nmay exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\nThis section does not limit a power the Gold Coast Waterways Authority has apart from this section.\ns 461A ins 2012 No. 38 s 87\n(sec.461A-ssec.1) This section applies to a public marine facility in, or on land adjacent to, Gold Coast waters if, apart from this section, there is no current manager of the facility.\n(sec.461A-ssec.2) The Gold Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459 .\n(sec.461A-ssec.3) If the Gold Coast Waterways Authority is the manager of a public marine facility, the authority— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\n(sec.461A-ssec.4) This section does not limit a power the Gold Coast Waterways Authority has apart from this section.\n- (a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\n- (b) may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.","sortOrder":927},{"sectionNumber":"sec.462","sectionType":"section","heading":"Management by local government","content":"### sec.462 Management by local government\n\nIf a local government is the manager of a public marine facility, the local government—\nhas, for the facility, all the functions, powers and obligations of a local government under the Local Government Act 2009 ; and\nmay make local laws and do anything it considers necessary or convenient for the facility’s effective and efficient management.\ns 462 ins 2000 No. 6 s 25\namd 2009 No. 17 s 331 sch 1\n- (a) has, for the facility, all the functions, powers and obligations of a local government under the Local Government Act 2009 ; and\n- (b) may make local laws and do anything it considers necessary or convenient for the facility’s effective and efficient management.","sortOrder":928},{"sectionNumber":"sec.463","sectionType":"section","heading":"Management by port authority","content":"### sec.463 Management by port authority\n\nIf a port authority is the manager of a public marine facility, the port authority—\nhas, for the facility, all the functions, powers and obligations of a port authority under chapter 8 ; and\nmay exercise its powers, and do anything it considers necessary or convenient for the facility’s effective and efficient management.\nThis section does not limit the functions, powers or obligations of a port authority that is a GOC.\ns 463 ins 2000 No. 6 s 25\namd 2007 No. 10 s 62 sch ; 2009 No. 47 s 5 sch\n(sec.463-ssec.1) If a port authority is the manager of a public marine facility, the port authority— has, for the facility, all the functions, powers and obligations of a port authority under chapter 8 ; and may exercise its powers, and do anything it considers necessary or convenient for the facility’s effective and efficient management.\n(sec.463-ssec.2) This section does not limit the functions, powers or obligations of a port authority that is a GOC.\n- (a) has, for the facility, all the functions, powers and obligations of a port authority under chapter 8 ; and\n- (b) may exercise its powers, and do anything it considers necessary or convenient for the facility’s effective and efficient management.","sortOrder":929},{"sectionNumber":"sec.464","sectionType":"section","heading":"Management by another person","content":"### sec.464 Management by another person\n\nIf the manager of a public marine facility is not the chief executive, the Gold Coast Waterways Authority, a local government or a port authority, the manager’s management powers include any power, conferred under a regulation, to limit or prohibit the use of the facility.\ns 464 ins 2000 No. 6 s 25\namd 2012 No. 38 s 88","sortOrder":930},{"sectionNumber":"sec.465","sectionType":"section","heading":"Exercise of manager’s powers to be consistent with conditions","content":"### sec.465 Exercise of manager’s powers to be consistent with conditions\n\nAnything done by a manager under sections 461 to 464 must be consistent with any conditions imposed on the manager’s appointment.\ns 465 ins 2000 No. 6 s 25","sortOrder":931},{"sectionNumber":"sec.466","sectionType":"section","heading":"Fees","content":"### sec.466 Fees\n\nThe manager of a public marine facility may impose fees payable to the manager for the use of the facility, whether as a condition of an approval to use the facility or otherwise.\nThe fee may, for example, be imposed by reference to—\nships using the facility; or\ngoods or passengers loaded, unloaded or transhipped to or from ships using the facility; or\nvehicular access to the facility.\nHowever, a fee may not be imposed for the genuine, transient private recreational use of a boat ramp, jetty, landing or pontoon.\nloading fishing gear onto a ship that only takes 15 minutes\nAlso, if the manager is—\nthe chief executive or Gold Coast Waterways Authority—the amount of the fee must be prescribed under a regulation; and\na local government—the amount of the fee must be prescribed under a local law; and\na port authority—the amount of the fee must be fixed by a resolution of the board of the port authority.\nA manager, other than the chief executive or Gold Coast Waterways Authority, who imposes a fee under this section may recover the fee as a debt owing to the manager.\nFor the recovery of fees payable to the chief executive see section 476 .\nThis section does not limit the powers a manager has apart from this section.\ns 466 ins 2000 No. 6 s 25\namd 2012 No. 38 s 89 ; 2014 No. 43 s 117 sch 1\n(sec.466-ssec.1) The manager of a public marine facility may impose fees payable to the manager for the use of the facility, whether as a condition of an approval to use the facility or otherwise.\n(sec.466-ssec.2) The fee may, for example, be imposed by reference to— ships using the facility; or goods or passengers loaded, unloaded or transhipped to or from ships using the facility; or vehicular access to the facility.\n(sec.466-ssec.3) However, a fee may not be imposed for the genuine, transient private recreational use of a boat ramp, jetty, landing or pontoon. loading fishing gear onto a ship that only takes 15 minutes\n(sec.466-ssec.4) Also, if the manager is— the chief executive or Gold Coast Waterways Authority—the amount of the fee must be prescribed under a regulation; and a local government—the amount of the fee must be prescribed under a local law; and a port authority—the amount of the fee must be fixed by a resolution of the board of the port authority.\n(sec.466-ssec.5) A manager, other than the chief executive or Gold Coast Waterways Authority, who imposes a fee under this section may recover the fee as a debt owing to the manager. For the recovery of fees payable to the chief executive see section 476 .\n(sec.466-ssec.6) This section does not limit the powers a manager has apart from this section.\n- (a) ships using the facility; or\n- (b) goods or passengers loaded, unloaded or transhipped to or from ships using the facility; or\n- (c) vehicular access to the facility.\n- (a) the chief executive or Gold Coast Waterways Authority—the amount of the fee must be prescribed under a regulation; and\n- (b) a local government—the amount of the fee must be prescribed under a local law; and\n- (c) a port authority—the amount of the fee must be fixed by a resolution of the board of the port authority.","sortOrder":932},{"sectionNumber":"sec.467","sectionType":"section","heading":"When manager may resign","content":"### sec.467 When manager may resign\n\nA manager may resign with the consent of the Governor in Council.\ns 467 ins 2000 No. 6 s 25","sortOrder":933},{"sectionNumber":"sec.468","sectionType":"section","heading":"Removal of improvements added by manager","content":"### sec.468 Removal of improvements added by manager\n\nIf a manager resigns under section 467 or the manager’s appointment is revoked, the manager may, within the next 3 months, remove any improvements to the facility added by the manager that do not form an integral part of the facility.\nAny of those improvements not removed within the 3 months then become the State’s property.\nThis section does not apply to improvements that were funded by the State or intended to become State-owned under an agreement between the State and the manager or under the conditions of the manager’s appointment.\ns 468 ins 2000 No. 6 s 25\n(sec.468-ssec.1) If a manager resigns under section 467 or the manager’s appointment is revoked, the manager may, within the next 3 months, remove any improvements to the facility added by the manager that do not form an integral part of the facility.\n(sec.468-ssec.2) Any of those improvements not removed within the 3 months then become the State’s property.\n(sec.468-ssec.3) This section does not apply to improvements that were funded by the State or intended to become State-owned under an agreement between the State and the manager or under the conditions of the manager’s appointment.","sortOrder":934},{"sectionNumber":"sec.469","sectionType":"section","heading":"Regulation prevails over action taken by a manager under this part","content":"### sec.469 Regulation prevails over action taken by a manager under this part\n\nIf there is any inconsistency between a regulation and action taken under this part by a manager, the regulation prevails to the extent of the inconsistency.\nA regulation about the management of public marine facilities prevails over a local law made for the purposes of this part to the extent they are inconsistent.\nSubsection (1) applies whether the action was taken before or after the regulation.\ns 469 ins 2000 No. 6 s 25\n(sec.469-ssec.1) If there is any inconsistency between a regulation and action taken under this part by a manager, the regulation prevails to the extent of the inconsistency. A regulation about the management of public marine facilities prevails over a local law made for the purposes of this part to the extent they are inconsistent.\n(sec.469-ssec.2) Subsection (1) applies whether the action was taken before or after the regulation.","sortOrder":935},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Authorised persons for waterway management regulation","content":"# Authorised persons for waterway management regulation","sortOrder":936},{"sectionNumber":"ch.15-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":937},{"sectionNumber":"sec.470","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.470 Purpose of pt 2\n\nThis part recognises that particular waterways require a system of regulation to balance demands on the use, by water traffic, of the waterways and associated infrastructure.\nThe object of this part is to promote the overall effective and efficient use of waterways for transport by ensuring there are suitably qualified persons to implement, monitor and enforce compliance with a waterway management regulation.\nTo achieve this object, this part includes provision for the appointment of authorised persons for a waterway management regulation, and gives authorised persons particular powers.\ns 470 ins 2000 No. 6 s 25\nsub 2012 No. 38 s 91\n(sec.470-ssec.1) This part recognises that particular waterways require a system of regulation to balance demands on the use, by water traffic, of the waterways and associated infrastructure.\n(sec.470-ssec.2) The object of this part is to promote the overall effective and efficient use of waterways for transport by ensuring there are suitably qualified persons to implement, monitor and enforce compliance with a waterway management regulation.\n(sec.470-ssec.3) To achieve this object, this part includes provision for the appointment of authorised persons for a waterway management regulation, and gives authorised persons particular powers.","sortOrder":938},{"sectionNumber":"sec.471","sectionType":"section","heading":"Meaning of waterway management regulation","content":"### sec.471 Meaning of waterway management regulation\n\nA waterway management regulation is a regulation made under this Act that relates to a matter mentioned in schedule 1 , part 2 .\ns 471 ins 2000 No. 6 s 25\nsub 2012 No. 38 s 91","sortOrder":939},{"sectionNumber":"ch.15-pt.2-div.2","sectionType":"division","heading":"Appointment of authorised persons","content":"## Appointment of authorised persons","sortOrder":940},{"sectionNumber":"sec.472","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.472 Functions of authorised persons\n\nAn authorised person has the following functions—\nto investigate, monitor and enforce compliance with a waterway management regulation;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under a waterway management regulation or this part;\nto facilitate the exercise of powers under a waterway management regulation or this part.\ns 472 prev s 472 ins 2000 No. 6 s 25\nom 2012 No. 38 s 91\npres s 472 ins 2012 No. 38 s 94\n- (a) to investigate, monitor and enforce compliance with a waterway management regulation;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under a waterway management regulation or this part;\n- (c) to facilitate the exercise of powers under a waterway management regulation or this part.","sortOrder":941},{"sectionNumber":"sec.473","sectionType":"section","heading":null,"content":"### Section sec.473\n\ns 473 ins 2000 No. 6 s 25\nom 2012 No. 38 s 91","sortOrder":942},{"sectionNumber":"sec.474","sectionType":"section","heading":null,"content":"### Section sec.474\n\ns 474 ins 2000 No. 6 s 25\namd 2001 No. 79 s 35\nom 2012 No. 38 s 91","sortOrder":943},{"sectionNumber":"sec.475","sectionType":"section","heading":null,"content":"### Section sec.475\n\ns 475 ins 2000 No. 6 s 25\nom 2012 No. 38 s 91","sortOrder":944},{"sectionNumber":"sec.475A","sectionType":"section","heading":"Authorised persons","content":"### sec.475A Authorised persons\n\nThe following persons are authorised persons—\na police officer;\nSee the Police Powers and Responsibilities Act 2000 , section 14 for provisions about the declaration of police officers as public officials.\nunder an arrangement between the chief executive or the Gold Coast Waterways Authority and the chief executive of the department in which the Fisheries Act 1994 is administered—an inspector under that Act.\nThe chief executive may appoint an officer of the department, or any other person, as an authorised person.\nThe Gold Coast Waterways Authority may appoint an employee of the authority as an authorised person.\nHowever, the chief executive may appoint a person under subsection (2) , and the Gold Coast Waterways Authority may appoint a person under subsection (3) , only if the chief executive or the authority is reasonably satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\nSections 475B (1) (a) and (b) , 475C and 475D do not apply to an authorised person who is a police officer.\ns 475A ins 2009 No. 47 s 14\namd 2012 No. 38 s 95\n(sec.475A-ssec.1) The following persons are authorised persons— a police officer; See the Police Powers and Responsibilities Act 2000 , section 14 for provisions about the declaration of police officers as public officials. under an arrangement between the chief executive or the Gold Coast Waterways Authority and the chief executive of the department in which the Fisheries Act 1994 is administered—an inspector under that Act.\n(sec.475A-ssec.2) The chief executive may appoint an officer of the department, or any other person, as an authorised person.\n(sec.475A-ssec.3) The Gold Coast Waterways Authority may appoint an employee of the authority as an authorised person.\n(sec.475A-ssec.4) However, the chief executive may appoint a person under subsection (2) , and the Gold Coast Waterways Authority may appoint a person under subsection (3) , only if the chief executive or the authority is reasonably satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.475A-ssec.5) Sections 475B (1) (a) and (b) , 475C and 475D do not apply to an authorised person who is a police officer.\n- (a) a police officer; Note— See the Police Powers and Responsibilities Act 2000 , section 14 for provisions about the declaration of police officers as public officials.\n- (b) under an arrangement between the chief executive or the Gold Coast Waterways Authority and the chief executive of the department in which the Fisheries Act 1994 is administered—an inspector under that Act.","sortOrder":945},{"sectionNumber":"sec.475B","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.475B Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice by the chief executive or Gold Coast Waterways Authority given to the person; or\na regulation.\nThe powers of an authorised person are limited as follows—\nif the authorised person is appointed by the chief executive under section 475A (2) —the person’s powers do not apply in relation to Gold Coast waters;\nif the authorised person is appointed by the Gold Coast Waterways Authority under section 475A (3) —the person’s powers apply only in relation to Gold Coast waters.\nAlso, an authorised person’s powers under this Act may be limited by the person’s instrument of appointment, a signed notice given to the person or a regulation.\ns 475B ins 2009 No. 47 s 14\namd 2012 No. 38 s 96\n(sec.475B-ssec.1) An authorised person holds office on any conditions stated in— the person’s instrument of appointment; or a signed notice by the chief executive or Gold Coast Waterways Authority given to the person; or a regulation.\n(sec.475B-ssec.2) The powers of an authorised person are limited as follows— if the authorised person is appointed by the chief executive under section 475A (2) —the person’s powers do not apply in relation to Gold Coast waters; if the authorised person is appointed by the Gold Coast Waterways Authority under section 475A (3) —the person’s powers apply only in relation to Gold Coast waters.\n(sec.475B-ssec.3) Also, an authorised person’s powers under this Act may be limited by the person’s instrument of appointment, a signed notice given to the person or a regulation.\n- (a) the person’s instrument of appointment; or\n- (b) a signed notice by the chief executive or Gold Coast Waterways Authority given to the person; or\n- (c) a regulation.\n- (a) if the authorised person is appointed by the chief executive under section 475A (2) —the person’s powers do not apply in relation to Gold Coast waters;\n- (b) if the authorised person is appointed by the Gold Coast Waterways Authority under section 475A (3) —the person’s powers apply only in relation to Gold Coast waters.","sortOrder":946},{"sectionNumber":"sec.475C","sectionType":"section","heading":"Issue of identity card to each authorised person","content":"### sec.475C Issue of identity card to each authorised person\n\nThe chief executive or Gold Coast Waterways Authority must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the person; and\ncontain a copy of the person’s signature; and\nidentify the person as an authorised person under this Act for a waterway management regulation; and\nstate an expiry date for the card.\nThis section does not prevent the issuing of a single identity card to a person for a waterway management regulation and other purposes.\ns 475C ins 2009 No. 47 s 14\namd 2012 No. 38 s 97\n(sec.475C-ssec.1) The chief executive or Gold Coast Waterways Authority must issue an identity card to each authorised person.\n(sec.475C-ssec.2) The identity card must— contain a recent photo of the person; and contain a copy of the person’s signature; and identify the person as an authorised person under this Act for a waterway management regulation; and state an expiry date for the card.\n(sec.475C-ssec.3) This section does not prevent the issuing of a single identity card to a person for a waterway management regulation and other purposes.\n- (a) contain a recent photo of the person; and\n- (b) contain a copy of the person’s signature; and\n- (c) identify the person as an authorised person under this Act for a waterway management regulation; and\n- (d) state an expiry date for the card.","sortOrder":947},{"sectionNumber":"sec.475D","sectionType":"section","heading":"Production or display of identity card","content":"### sec.475D Production or display of identity card\n\nIn exercising a power under this part in relation to a person, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so that it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 475I (2) .\ns 475D ins 2009 No. 47 s 14\namd 2012 No. 38 s 98\n(sec.475D-ssec.1) In exercising a power under this part in relation to a person, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so that it is clearly visible to the person when exercising the power.\n(sec.475D-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.475D-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 475I (2) .\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so that it is clearly visible to the person when exercising the power.","sortOrder":948},{"sectionNumber":"sec.475E","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.475E When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nthe person ceases to hold office under another condition of office;\nthe person’s resignation under section 475F takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the person holds office.\ns 475E ins 2009 No. 47 s 14\n(sec.475E-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; the person ceases to hold office under another condition of office; the person’s resignation under section 475F takes effect.\n(sec.475E-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.475E-ssec.3) In this section— condition of office means a condition on which the person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) the person ceases to hold office under another condition of office;\n- (c) the person’s resignation under section 475F takes effect.","sortOrder":949},{"sectionNumber":"sec.475F","sectionType":"section","heading":"Resignation","content":"### sec.475F Resignation\n\nAn authorised person may resign by signed notice given to the chief executive or Gold Coast Waterways Authority.\ns 475F ins 2009 No. 47 s 14\namd 2012 No. 38 s 99","sortOrder":950},{"sectionNumber":"sec.475G","sectionType":"section","heading":"Return of identity card","content":"### sec.475G Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the chief executive or Gold Coast Waterways Authority within 21 days after ceasing to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 475G ins 2009 No. 47 s 14\namd 2012 No. 38 s 100","sortOrder":951},{"sectionNumber":"ch.15-pt.2-div.3","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":952},{"sectionNumber":"sec.475H","sectionType":"section","heading":"Definitions for div 4","content":"### sec.475H Definitions for div 4\n\nIn this division—\noccupier , of a place that is a watercraft, means the owner or operator of the watercraft.\nplace includes the following—\nland;\na building or other structure, or part of a building or other structure, of any type;\na group of buildings or other structures, or part of a group of buildings or other structures, of any type;\na watercraft.\ns 475H ins 2009 No. 47 s 14\n- (a) land;\n- (b) a building or other structure, or part of a building or other structure, of any type;\n- (c) a group of buildings or other structures, or part of a group of buildings or other structures, of any type;\n- (d) a watercraft.","sortOrder":953},{"sectionNumber":"sec.475I","sectionType":"section","heading":"Power to enter places","content":"### sec.475I Power to enter places\n\nAn authorised person may enter a place if—\nits occupier consents to the entry; or\nthe entry is authorised by a warrant.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 475I ins 2009 No. 47 s 14\n(sec.475I-ssec.1) An authorised person may enter a place if— its occupier consents to the entry; or the entry is authorised by a warrant.\n(sec.475I-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) the entry is authorised by a warrant.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":954},{"sectionNumber":"sec.475J","sectionType":"section","heading":"Procedure for entry with consent","content":"### sec.475J Procedure for entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 475I (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 475J ins 2009 No. 47 s 14\n(sec.475J-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 475I (1) (a) .\n(sec.475J-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.475J-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.475J-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.475J-ssec.5) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.475J-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":955},{"sectionNumber":"sec.475K","sectionType":"section","heading":"Application for warrant","content":"### sec.475K Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant relating to a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all of the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 475K ins 2009 No. 47 s 14\n(sec.475K-ssec.1) An authorised person may apply to a magistrate for a warrant relating to a place.\n(sec.475K-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.475K-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all of the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":956},{"sectionNumber":"sec.475L","sectionType":"section","heading":"Issue of warrant","content":"### sec.475L Issue of warrant\n\nA magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against a waterway management regulation; and\nthe evidence is at the place or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised person’s powers under this division; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\ns 475L ins 2009 No. 47 s 14\namd 2012 No. 38 s 101\n(sec.475L-ssec.1) A magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against a waterway management regulation; and the evidence is at the place or, within the next 7 days, may be at the place.\n(sec.475L-ssec.2) The warrant must state— that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this division; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against a waterway management regulation; and\n- (b) the evidence is at the place or, within the next 7 days, may be at the place.\n- (a) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this division; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and","sortOrder":957},{"sectionNumber":"sec.475M","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.475M Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this subdivision in relation to a place is intending to enter the place under the warrant.\nBefore entering the place the authorised person must do, or make a reasonable attempt to do, the following—\nidentify himself or herself to a person who appears to be an occupier of the place by producing a copy of the authorised person’s identity card;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nSubsection (2) (a) does not apply to an authorised person who is a police officer.\nSee the Police Powers and Responsibilities Act 2000 , section 637 for provisions about police officers supplying details.\ns 475M ins 2009 No. 47 s 14\n(sec.475M-ssec.1) This section applies if an authorised person named in a warrant issued under this subdivision in relation to a place is intending to enter the place under the warrant.\n(sec.475M-ssec.2) Before entering the place the authorised person must do, or make a reasonable attempt to do, the following— identify himself or herself to a person who appears to be an occupier of the place by producing a copy of the authorised person’s identity card; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.475M-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.475M-ssec.4) Subsection (2) (a) does not apply to an authorised person who is a police officer. See the Police Powers and Responsibilities Act 2000 , section 637 for provisions about police officers supplying details.\n- (a) identify himself or herself to a person who appears to be an occupier of the place by producing a copy of the authorised person’s identity card;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":958},{"sectionNumber":"sec.475N","sectionType":"section","heading":"General powers after entering places","content":"### sec.475N General powers after entering places\n\nThis subdivision applies to an authorised person who enters a place under subdivision 2 .\nHowever if, under section 475I (2) , the authorised person enters a place to ask the occupier’s consent to enter a place, this subdivision applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nThe authorised person may do any of the following—\nsearch any part of the place;\ninspect, measure, test, film, photograph, videotape or otherwise record an image of any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\ntake an extract from, or copy, a document at the place;\ntake into or onto the place any equipment, materials or persons the authorised person reasonably requires for exercising a power under this division.\nIf the authorised person takes a sample or thing for analysis under subsection (3) (c) , the authorised person must—\ngive a receipt for the sample or thing to the person in charge of the thing or place from which it was taken; and\nfor a sample or thing with an intrinsic value—at the end of 6 months after the sample or thing was taken, return it to the person who appears to be the owner of it or the person in charge of the thing or place from which it was taken.\nSection 475V provides for forfeiture of the sample or thing to the State in particular circumstances.\nHowever, if for any reason it is not practicable to comply with subsection (4) (a) , the authorised person must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\ns 475N ins 2009 No. 47 s 14\n(sec.475N-ssec.1) This subdivision applies to an authorised person who enters a place under subdivision 2 .\n(sec.475N-ssec.2) However if, under section 475I (2) , the authorised person enters a place to ask the occupier’s consent to enter a place, this subdivision applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.475N-ssec.3) The authorised person may do any of the following— search any part of the place; inspect, measure, test, film, photograph, videotape or otherwise record an image of any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; take an extract from, or copy, a document at the place; take into or onto the place any equipment, materials or persons the authorised person reasonably requires for exercising a power under this division.\n(sec.475N-ssec.4) If the authorised person takes a sample or thing for analysis under subsection (3) (c) , the authorised person must— give a receipt for the sample or thing to the person in charge of the thing or place from which it was taken; and for a sample or thing with an intrinsic value—at the end of 6 months after the sample or thing was taken, return it to the person who appears to be the owner of it or the person in charge of the thing or place from which it was taken. Section 475V provides for forfeiture of the sample or thing to the State in particular circumstances.\n(sec.475N-ssec.5) However, if for any reason it is not practicable to comply with subsection (4) (a) , the authorised person must leave the receipt at the place in a conspicuous position and in a reasonably secure way.\n- (a) search any part of the place;\n- (b) inspect, measure, test, film, photograph, videotape or otherwise record an image of any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\n- (d) take an extract from, or copy, a document at the place;\n- (e) take into or onto the place any equipment, materials or persons the authorised person reasonably requires for exercising a power under this division.\n- (a) give a receipt for the sample or thing to the person in charge of the thing or place from which it was taken; and\n- (b) for a sample or thing with an intrinsic value—at the end of 6 months after the sample or thing was taken, return it to the person who appears to be the owner of it or the person in charge of the thing or place from which it was taken. Note— Section 475V provides for forfeiture of the sample or thing to the State in particular circumstances.","sortOrder":959},{"sectionNumber":"sec.475O","sectionType":"section","heading":"Power to require reasonable help or information","content":"### sec.475O Power to require reasonable help or information\n\nAn authorised person may require the occupier of, or someone else at, a place entered under subdivision 2 to give the authorised person reasonable help to exercise any of the powers mentioned in section 475N (3) (a) to (e) .\nA person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA requirement under subsection (1) does not include a requirement to produce a document or give information.\ns 475O ins 2009 No. 47 s 14\n(sec.475O-ssec.1) An authorised person may require the occupier of, or someone else at, a place entered under subdivision 2 to give the authorised person reasonable help to exercise any of the powers mentioned in section 475N (3) (a) to (e) .\n(sec.475O-ssec.2) A person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.475O-ssec.3) A requirement under subsection (1) does not include a requirement to produce a document or give information.","sortOrder":960},{"sectionNumber":"sec.475P","sectionType":"section","heading":"Notice of intention to remove watercraft","content":"### sec.475P Notice of intention to remove watercraft\n\nAn authorised person who reasonably believes a watercraft is anchored or moored in contravention of a waterway management regulation may give the watercraft’s owner or operator a notice of intention to remove the watercraft.\nThe notice must state the contravention and that the watercraft may be removed by an authorised person if the watercraft is not moved, within 14 days after the notice is given, to a place that is not in contravention of a waterway management regulation.\nWithout limiting the ways the notice may be given, it may be given by securely attaching it to the watercraft in a prominent position.\ns 475P ins 2009 No. 47 s 14\namd 2012 No. 38 s 102\n(sec.475P-ssec.1) An authorised person who reasonably believes a watercraft is anchored or moored in contravention of a waterway management regulation may give the watercraft’s owner or operator a notice of intention to remove the watercraft.\n(sec.475P-ssec.2) The notice must state the contravention and that the watercraft may be removed by an authorised person if the watercraft is not moved, within 14 days after the notice is given, to a place that is not in contravention of a waterway management regulation.\n(sec.475P-ssec.3) Without limiting the ways the notice may be given, it may be given by securely attaching it to the watercraft in a prominent position.","sortOrder":961},{"sectionNumber":"sec.475Q","sectionType":"section","heading":"Removing illegally anchored or moored watercraft","content":"### sec.475Q Removing illegally anchored or moored watercraft\n\nThis section applies if—\na notice of intention to remove a watercraft has been given under section 475P ; and\nafter the 14 days mentioned in the notice, the watercraft is still anchored or moored in contravention of a waterway management regulation; and\nan authorised person—\ncan not immediately find the watercraft’s owner or operator; or\nreasonably believes neither the watercraft’s owner nor operator is able or willing to move the watercraft immediately.\nThe authorised person may take steps that are necessary and reasonable to have the watercraft and anything in, on or attached to it removed to a place that is not in contravention of a waterway management regulation.\ns 475Q ins 2009 No. 47 s 14\namd 2012 No. 38 s 103\n(sec.475Q-ssec.1) This section applies if— a notice of intention to remove a watercraft has been given under section 475P ; and after the 14 days mentioned in the notice, the watercraft is still anchored or moored in contravention of a waterway management regulation; and an authorised person— can not immediately find the watercraft’s owner or operator; or reasonably believes neither the watercraft’s owner nor operator is able or willing to move the watercraft immediately.\n(sec.475Q-ssec.2) The authorised person may take steps that are necessary and reasonable to have the watercraft and anything in, on or attached to it removed to a place that is not in contravention of a waterway management regulation.\n- (a) a notice of intention to remove a watercraft has been given under section 475P ; and\n- (b) after the 14 days mentioned in the notice, the watercraft is still anchored or moored in contravention of a waterway management regulation; and\n- (c) an authorised person— (i) can not immediately find the watercraft’s owner or operator; or (ii) reasonably believes neither the watercraft’s owner nor operator is able or willing to move the watercraft immediately.\n- (i) can not immediately find the watercraft’s owner or operator; or\n- (ii) reasonably believes neither the watercraft’s owner nor operator is able or willing to move the watercraft immediately.\n- (i) can not immediately find the watercraft’s owner or operator; or\n- (ii) reasonably believes neither the watercraft’s owner nor operator is able or willing to move the watercraft immediately.","sortOrder":962},{"sectionNumber":"sec.475R","sectionType":"section","heading":"Removal of hazardous watercraft","content":"### sec.475R Removal of hazardous watercraft\n\nThis section applies if an authorised person reasonably believes a watercraft is—\nanchored or moored in contravention of a waterway management regulation; and\na hazard to water traffic.\nA watercraft is a hazard to water traffic if it is on or beside the course of a power boat race conducted under a consent under the Transport Operations (Marine Safety) Act 1994 , section 217 (2) .\nThe authorised person may take steps that are necessary and reasonable to have the watercraft and anything in, on or attached to it removed to a place that is not in contravention of a waterway management regulation.\ns 475R ins 2009 No. 47 s 14\namd 2012 No. 38 s 104\n(sec.475R-ssec.1) This section applies if an authorised person reasonably believes a watercraft is— anchored or moored in contravention of a waterway management regulation; and a hazard to water traffic. A watercraft is a hazard to water traffic if it is on or beside the course of a power boat race conducted under a consent under the Transport Operations (Marine Safety) Act 1994 , section 217 (2) .\n(sec.475R-ssec.2) The authorised person may take steps that are necessary and reasonable to have the watercraft and anything in, on or attached to it removed to a place that is not in contravention of a waterway management regulation.\n- (a) anchored or moored in contravention of a waterway management regulation; and\n- (b) a hazard to water traffic. Example for paragraph (b) — A watercraft is a hazard to water traffic if it is on or beside the course of a power boat race conducted under a consent under the Transport Operations (Marine Safety) Act 1994 , section 217 (2) .","sortOrder":963},{"sectionNumber":"sec.475S","sectionType":"section","heading":"Giving notice of removal of watercraft","content":"### sec.475S Giving notice of removal of watercraft\n\nIf a watercraft is removed under section 475Q or 475R , the watercraft’s owner must be given written notice of the place where the watercraft has been taken by—\nif the watercraft was removed from Gold Coast waters—the Gold Coast Waterways Authority; or\notherwise—the chief executive.\nHowever, if the chief executive or Gold Coast Waterways Authority can not find the owner after making reasonable inquiries having regard to the watercraft’s value, the chief executive may give the notice by publishing it in a newspaper circulating in the locality from which the watercraft was removed.\nIn this section—\nwatercraft includes anything in, on or attached to the watercraft.\ns 475S ins 2009 No. 47 s 14\namd 2012 No. 38 s 105\n(sec.475S-ssec.1) If a watercraft is removed under section 475Q or 475R , the watercraft’s owner must be given written notice of the place where the watercraft has been taken by— if the watercraft was removed from Gold Coast waters—the Gold Coast Waterways Authority; or otherwise—the chief executive.\n(sec.475S-ssec.2) However, if the chief executive or Gold Coast Waterways Authority can not find the owner after making reasonable inquiries having regard to the watercraft’s value, the chief executive may give the notice by publishing it in a newspaper circulating in the locality from which the watercraft was removed.\n(sec.475S-ssec.3) In this section— watercraft includes anything in, on or attached to the watercraft.\n- (a) if the watercraft was removed from Gold Coast waters—the Gold Coast Waterways Authority; or\n- (b) otherwise—the chief executive.","sortOrder":964},{"sectionNumber":"sec.475T","sectionType":"section","heading":"Dealing with removed watercraft","content":"### sec.475T Dealing with removed watercraft\n\nThis section applies if—\nthe chief executive or Gold Coast Waterways Authority gives notice under section 475S about the removal of a watercraft; and\nthe watercraft’s owner does not take possession of the watercraft and pay the amount of all expenses of removal of the watercraft within 1 month after the notice is given.\nHaving regard to the value and condition of the watercraft, the chief executive or Gold Coast Waterways Authority may sell it by public auction or otherwise dispose of it.\nIn this section—\nexpenses of removal , of a watercraft, includes expenses of—\nremoving and detaining the watercraft; and\ngiving notice under section 475S ; and\nadvertising for sale or other disposal of the watercraft; and\nselling or otherwise disposing of the watercraft.\nwatercraft includes anything in, on or attached to the watercraft.\ns 475T ins 2009 No. 47 s 14\namd 2012 No. 38 s 106\n(sec.475T-ssec.1) This section applies if— the chief executive or Gold Coast Waterways Authority gives notice under section 475S about the removal of a watercraft; and the watercraft’s owner does not take possession of the watercraft and pay the amount of all expenses of removal of the watercraft within 1 month after the notice is given.\n(sec.475T-ssec.2) Having regard to the value and condition of the watercraft, the chief executive or Gold Coast Waterways Authority may sell it by public auction or otherwise dispose of it.\n(sec.475T-ssec.3) In this section— expenses of removal , of a watercraft, includes expenses of— removing and detaining the watercraft; and giving notice under section 475S ; and advertising for sale or other disposal of the watercraft; and selling or otherwise disposing of the watercraft. watercraft includes anything in, on or attached to the watercraft.\n- (a) the chief executive or Gold Coast Waterways Authority gives notice under section 475S about the removal of a watercraft; and\n- (b) the watercraft’s owner does not take possession of the watercraft and pay the amount of all expenses of removal of the watercraft within 1 month after the notice is given.\n- (a) removing and detaining the watercraft; and\n- (b) giving notice under section 475S ; and\n- (c) advertising for sale or other disposal of the watercraft; and\n- (d) selling or otherwise disposing of the watercraft.","sortOrder":965},{"sectionNumber":"sec.475U","sectionType":"section","heading":"Proceeds from the sale of removed watercraft","content":"### sec.475U Proceeds from the sale of removed watercraft\n\nIf watercraft is sold under section 475T (2) , the proceeds of the sale must be applied—\nfirst, in payment of the expenses of removal of the watercraft reasonably incurred by the chief executive or Gold Coast Waterways Authority in selling the watercraft; and\nsecond, in payment of any balance to the watercraft’s owner.\nIf the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , the difference is a debt owing by the owner to the State.\nCompensation may not be recovered against the State in relation to a payment under this section.\nIn this section—\nexpenses of removal , of a watercraft, include expenses of—\nremoving and detaining the watercraft; and\ngiving notice under section 475S ; and\nadvertising for sale or other disposal of the watercraft; and\nselling or otherwise disposing of the watercraft.\nwatercraft includes anything in, on or attached to the watercraft.\ns 475U ins 2009 No. 47 s 14\namd 2012 No. 38 s 107\n(sec.475U-ssec.1) If watercraft is sold under section 475T (2) , the proceeds of the sale must be applied— first, in payment of the expenses of removal of the watercraft reasonably incurred by the chief executive or Gold Coast Waterways Authority in selling the watercraft; and second, in payment of any balance to the watercraft’s owner.\n(sec.475U-ssec.2) If the proceeds of the sale are less than the total of the expenses mentioned in subsection (1) (a) , the difference is a debt owing by the owner to the State.\n(sec.475U-ssec.3) Compensation may not be recovered against the State in relation to a payment under this section.\n(sec.475U-ssec.4) In this section— expenses of removal , of a watercraft, include expenses of— removing and detaining the watercraft; and giving notice under section 475S ; and advertising for sale or other disposal of the watercraft; and selling or otherwise disposing of the watercraft. watercraft includes anything in, on or attached to the watercraft.\n- (a) first, in payment of the expenses of removal of the watercraft reasonably incurred by the chief executive or Gold Coast Waterways Authority in selling the watercraft; and\n- (b) second, in payment of any balance to the watercraft’s owner.\n- (a) removing and detaining the watercraft; and\n- (b) giving notice under section 475S ; and\n- (c) advertising for sale or other disposal of the watercraft; and\n- (d) selling or otherwise disposing of the watercraft.","sortOrder":966},{"sectionNumber":"sec.475V","sectionType":"section","heading":"Forfeiture by authorised person","content":"### sec.475V Forfeiture by authorised person\n\nA sample or thing taken for analysis under section 475N (3) (c) is forfeited to the State if the authorised person who took, or arranged the taking of, the sample or thing—\nafter making reasonable efforts, can not return it to its owner; or\nafter making reasonable inquiries, can not find its owner.\nFor subsection (1) , the authorised person is not required—\nto make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner; or\nto make inquiries if it would be unreasonable to make inquiries to find the owner.\nThe owner of the sample or thing has migrated to another country.\nRegard must be had to the condition, nature and value of the sample or thing in deciding—\nwhether it is reasonable to make efforts or inquiries; and\nif efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.\nIn this section—\nowner , of a sample or thing taken for analysis, means the person in charge of the sample or thing or place from which it was taken.\ns 475V ins 2009 No. 47 s 14\n(sec.475V-ssec.1) A sample or thing taken for analysis under section 475N (3) (c) is forfeited to the State if the authorised person who took, or arranged the taking of, the sample or thing— after making reasonable efforts, can not return it to its owner; or after making reasonable inquiries, can not find its owner.\n(sec.475V-ssec.2) For subsection (1) , the authorised person is not required— to make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner; or to make inquiries if it would be unreasonable to make inquiries to find the owner. The owner of the sample or thing has migrated to another country.\n(sec.475V-ssec.3) Regard must be had to the condition, nature and value of the sample or thing in deciding— whether it is reasonable to make efforts or inquiries; and if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.\n(sec.475V-ssec.4) In this section— owner , of a sample or thing taken for analysis, means the person in charge of the sample or thing or place from which it was taken.\n- (a) after making reasonable efforts, can not return it to its owner; or\n- (b) after making reasonable inquiries, can not find its owner.\n- (a) to make efforts if it would be unreasonable to make efforts to return the sample or thing to its owner; or\n- (b) to make inquiries if it would be unreasonable to make inquiries to find the owner. Example for paragraph (b) — The owner of the sample or thing has migrated to another country.\n- (a) whether it is reasonable to make efforts or inquiries; and\n- (b) if efforts or inquiries are made—what efforts or inquiries, including the period over which they are made, are reasonable.","sortOrder":967},{"sectionNumber":"sec.475W","sectionType":"section","heading":"Dealing with forfeited sample or thing","content":"### sec.475W Dealing with forfeited sample or thing\n\nOn forfeiture of a sample or thing to the State, it becomes the State’s property and may be dealt with by the chief executive or the Gold Coast Waterways Authority in a way the chief executive or the Gold Coast Waterways Authority reasonably believes is appropriate.\nWithout limiting subsection (1) , the chief executive or the Gold Coast Waterways Authority may destroy or dispose of the sample or thing.\ns 475W ins 2009 No. 47 s 14\namd 2012 No. 38 s 108\n(sec.475W-ssec.1) On forfeiture of a sample or thing to the State, it becomes the State’s property and may be dealt with by the chief executive or the Gold Coast Waterways Authority in a way the chief executive or the Gold Coast Waterways Authority reasonably believes is appropriate.\n(sec.475W-ssec.2) Without limiting subsection (1) , the chief executive or the Gold Coast Waterways Authority may destroy or dispose of the sample or thing.","sortOrder":968},{"sectionNumber":"sec.475X","sectionType":"section","heading":"Direction to stop contravening regulation","content":"### sec.475X Direction to stop contravening regulation\n\nIf an authorised person considers a person is not complying with a provision of a waterway management regulation the authorised person may give the person a direction to immediately stop contravening the regulation in a stated way.\nWhen giving the direction, the authorised person must tell the person that it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.\nThe person must comply with the direction.\nMaximum penalty for subsection (3) —40 penalty units.\ns 475X ins 2009 No. 47 s 14\namd 2012 No. 38 s 109\n(sec.475X-ssec.1) If an authorised person considers a person is not complying with a provision of a waterway management regulation the authorised person may give the person a direction to immediately stop contravening the regulation in a stated way.\n(sec.475X-ssec.2) When giving the direction, the authorised person must tell the person that it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.\n(sec.475X-ssec.3) The person must comply with the direction. Maximum penalty for subsection (3) —40 penalty units.","sortOrder":969},{"sectionNumber":"sec.475Y","sectionType":"section","heading":"Power to require name and address","content":"### sec.475Y Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against a waterway management regulation; or\nan authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\nThe authorised person may also require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.\nA person of whom a requirement is made under subsection (2) or (4) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person does not commit an offence against subsection (5) if—\nthe requirement was given because the authorised person reasonably suspected the person had committed an offence; and\nthe person is not proved to have committed the offence.\ns 475Y ins 2009 No. 47 s 14\namd 2012 No. 38 s 110\n(sec.475Y-ssec.1) This section applies if— an authorised person finds a person committing an offence against a waterway management regulation; or an authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.\n(sec.475Y-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.475Y-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\n(sec.475Y-ssec.4) The authorised person may also require the person to give evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address is false.\n(sec.475Y-ssec.5) A person of whom a requirement is made under subsection (2) or (4) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.475Y-ssec.6) A person does not commit an offence against subsection (5) if— the requirement was given because the authorised person reasonably suspected the person had committed an offence; and the person is not proved to have committed the offence.\n- (a) an authorised person finds a person committing an offence against a waterway management regulation; or\n- (b) an authorised person finds a person in circumstances that lead, or has information about a person that leads, the authorised person to reasonably suspect the person has just committed an offence against a waterway management regulation.\n- (a) the requirement was given because the authorised person reasonably suspected the person had committed an offence; and\n- (b) the person is not proved to have committed the offence.","sortOrder":970},{"sectionNumber":"sec.475Z","sectionType":"section","heading":"False or misleading statements","content":"### sec.475Z False or misleading statements\n\nA person must not state anything to an authorised person, in relation to the authorised person’s exercise of a power under this division, that the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 475Z ins 2009 No. 47 s 14\n(sec.475Z-ssec.1) A person must not state anything to an authorised person, in relation to the authorised person’s exercise of a power under this division, that the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.475Z-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":971},{"sectionNumber":"sec.475ZA","sectionType":"section","heading":"False or misleading documents","content":"### sec.475ZA False or misleading documents\n\nA person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the authorised person.\nIn a proceeding for an offence against subsection (1) , it is enough to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\ns 475ZA ins 2009 No. 47 s 14\n(sec.475ZA-ssec.1) A person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units.\n(sec.475ZA-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the authorised person.\n(sec.475ZA-ssec.3) In a proceeding for an offence against subsection (1) , it is enough to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) tells the authorised person, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the authorised person.","sortOrder":972},{"sectionNumber":"sec.475ZB","sectionType":"section","heading":"Obstruction of authorised person","content":"### sec.475ZB Obstruction of authorised person\n\nA person must not obstruct an authorised person, in relation to the authorised person’s exercise of a power under this division, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person reasonably believes the person’s conduct is an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to obstruct.\ns 475ZB ins 2009 No. 47 s 14\n(sec.475ZB-ssec.1) A person must not obstruct an authorised person, in relation to the authorised person’s exercise of a power under this division, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.475ZB-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person reasonably believes the person’s conduct is an obstruction.\n(sec.475ZB-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person reasonably believes the person’s conduct is an obstruction.","sortOrder":973},{"sectionNumber":"sec.475ZC","sectionType":"section","heading":"Impersonating an authorised person","content":"### sec.475ZC Impersonating an authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—40 penalty units.\ns 475ZC ins 2009 No. 47 s 14","sortOrder":974},{"sectionNumber":"sec.475ZD","sectionType":"section","heading":"Notice of damage","content":"### sec.475ZD Notice of damage\n\nThis section applies if—\nan authorised person damages something when exercising, or purporting to exercise, a power under this division; or\nanother person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.\nThe authorised person must give a signed notice to the person who appears to be the owner or person in possession of the thing.\nIf for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.\nThe notice must state the particulars of the damage.\nIf the authorised person reasonably believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.\nHowever, an authorised person need not comply with this section if the authorised person reasonably believes the damage is trivial.\ns 475ZD ins 2009 No. 47 s 14\n(sec.475ZD-ssec.1) This section applies if— an authorised person damages something when exercising, or purporting to exercise, a power under this division; or another person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.\n(sec.475ZD-ssec.2) The authorised person must give a signed notice to the person who appears to be the owner or person in possession of the thing.\n(sec.475ZD-ssec.3) If for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way at the place where the damage happened.\n(sec.475ZD-ssec.4) The notice must state the particulars of the damage.\n(sec.475ZD-ssec.5) If the authorised person reasonably believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or person acting under the direction or authority of the authorised person, the authorised person may state the belief in the notice.\n(sec.475ZD-ssec.6) However, an authorised person need not comply with this section if the authorised person reasonably believes the damage is trivial.\n- (a) an authorised person damages something when exercising, or purporting to exercise, a power under this division; or\n- (b) another person acting under the direction or authority of an authorised person when exercising or purporting to exercise a power under this division damages something.","sortOrder":975},{"sectionNumber":"sec.475ZE","sectionType":"section","heading":"Protection from liability","content":"### sec.475ZE Protection from liability\n\nAn authorised person is not civilly liable for an act or omission done honestly and without negligence under this division.\nIf subsection (1) prevents civil liability attaching to an authorised person, the liability attaches instead to the State.\ns 475ZE ins 2009 No. 47 s 14\n(sec.475ZE-ssec.1) An authorised person is not civilly liable for an act or omission done honestly and without negligence under this division.\n(sec.475ZE-ssec.2) If subsection (1) prevents civil liability attaching to an authorised person, the liability attaches instead to the State.","sortOrder":976},{"sectionNumber":"ch.17-pt.1","sectionType":"part","heading":"Savings and transitional provisions about ports","content":"# Savings and transitional provisions about ports","sortOrder":977},{"sectionNumber":"sec.492","sectionType":"section","heading":"Continuation of pt 5, div 2 of Port of Brisbane Authority Act 1976","content":"### sec.492 Continuation of pt 5, div 2 of Port of Brisbane Authority Act 1976\n\nThe Port of Brisbane Authority Act 1976 , part 5, division 2 as well as any definitions in the Act relevant to the division, continue to apply to leases for which compensation could be claimed under the division.\nThis section has effect despite the repeal of the Port of Brisbane Authority Act 1976 .\nThis section expires on a date to be fixed by regulation.\ns 492 ins 1994 No. 32 s 10\namd 2009 No. 47 s 5 sch\nexp on a date to be fixed by regulation (see s 492(3))\nAIA s 20A applies (see prev s 240(1))\n(sec.492-ssec.1) The Port of Brisbane Authority Act 1976 , part 5, division 2 as well as any definitions in the Act relevant to the division, continue to apply to leases for which compensation could be claimed under the division.\n(sec.492-ssec.2) This section has effect despite the repeal of the Port of Brisbane Authority Act 1976 .\n(sec.492-ssec.3) This section expires on a date to be fixed by regulation.","sortOrder":978},{"sectionNumber":"sec.493","sectionType":"section","heading":"Expiries under this part","content":"### sec.493 Expiries under this part\n\nIf a provision of this part allows a regulation to prescribe an earlier day than the day stated in the provision for the expiry of a section, a regulation may be made prescribing an earlier day than the stated day for part of the section.\ns 493 ins 2000 No. 6 s 31\nAIA s 20A applies (see prev s 240(1))","sortOrder":979},{"sectionNumber":"ch.17-pt.2","sectionType":"part","heading":"General savings and transitional provisions","content":"# General savings and transitional provisions","sortOrder":980},{"sectionNumber":"ch.17-pt.2-div.1","sectionType":"division","heading":"Transition of references about roads","content":"## Transition of references about roads","sortOrder":981},{"sectionNumber":"sec.494","sectionType":"section","heading":"Application of division","content":"### sec.494 Application of division\n\nThis division applies to references in Acts in existence at its commencement.\ns 494 ins 1994 No. 32 s 10","sortOrder":982},{"sectionNumber":"sec.495","sectionType":"section","heading":"Transport Infrastructure (Roads) Act 1991 references","content":"### sec.495 Transport Infrastructure (Roads) Act 1991 references\n\nA reference to the Transport Infrastructure (Roads) Act 1991 is, in relation to transport infrastructure or another matter dealt with under this Act, taken to be a reference to this Act.\ns 495 ins 1994 No. 32 s 10\namd 1995 No. 9 s 92 sch 1","sortOrder":983},{"sectionNumber":"sec.496","sectionType":"section","heading":"Main Roads Act 1920 references","content":"### sec.496 Main Roads Act 1920 references\n\nA reference to the Main Roads Act 1920 may, in relation to transport infrastructure or another matter dealt with under this Act, be taken to be a reference to this Act.\ns 496 ins 1994 No. 32 s 10\nsub 1995 No. 9 s 92 sch 1 ; 1995 No. 57 s 4 sch 1","sortOrder":984},{"sectionNumber":"sec.497","sectionType":"section","heading":"Commissioner of Main Roads references","content":"### sec.497 Commissioner of Main Roads references\n\nA reference to the Commissioner of Main Roads (either as a natural person or corporation sole) is taken to be a reference to the chief executive.\ns 497 ins 1994 No. 32 s 10","sortOrder":985},{"sectionNumber":"sec.498","sectionType":"section","heading":"Declared road references","content":"### sec.498 Declared road references\n\nA reference to a declared road under the Main Roads Act 1920 is taken to be a reference to a State-controlled road under this Act.\nA reference to a declared road under the Transport Infrastructure (Roads) Act 1991 is taken to be a reference to a State-controlled road under this Act.\ns 498 ins 1994 No. 32 s 10\n(sec.498-ssec.1) A reference to a declared road under the Main Roads Act 1920 is taken to be a reference to a State-controlled road under this Act.\n(sec.498-ssec.2) A reference to a declared road under the Transport Infrastructure (Roads) Act 1991 is taken to be a reference to a State-controlled road under this Act.","sortOrder":986},{"sectionNumber":"sec.499","sectionType":"section","heading":"Motorway references","content":"### sec.499 Motorway references\n\nA reference to a motorway under the Transport Infrastructure (Roads) Act 1991 is taken to be a reference to a motorway under this Act.\ns 499 ins 1994 No. 32 s 10","sortOrder":987},{"sectionNumber":"sec.500","sectionType":"section","heading":"Main Roads Fund references","content":"### sec.500 Main Roads Fund references\n\nA reference to the Main Roads Fund is taken to be a reference to the funds of the department.\ns 500 ins 1994 No. 32 s 10","sortOrder":988},{"sectionNumber":"ch.17-pt.2-div.2","sectionType":"division","heading":"Transition of references about railways","content":"## Transition of references about railways","sortOrder":989},{"sectionNumber":"sec.501","sectionType":"section","heading":"Application of division","content":"### sec.501 Application of division\n\nThis division applies to references in Acts (other than this Act) in existence at its commencement.\ns 501 ins 1995 No. 32 s 17","sortOrder":990},{"sectionNumber":"sec.502","sectionType":"section","heading":"Railways Act 1914 references","content":"### sec.502 Railways Act 1914 references\n\nA reference to the Railways Act 1914 is taken to be a reference to this Act.\ns 502 ins 1995 No. 32 s 17","sortOrder":991},{"sectionNumber":"sec.503","sectionType":"section","heading":"Transport Infrastructure (Railways) Act 1991 references","content":"### sec.503 Transport Infrastructure (Railways) Act 1991 references\n\nA reference to the Transport Infrastructure (Railways) Act 1991 is taken to be a reference to this Act.\ns 503 ins 1995 No. 32 s 17","sortOrder":992},{"sectionNumber":"sec.504","sectionType":"section","heading":"Commissioner for railways references","content":"### sec.504 Commissioner for railways references\n\nA reference to the commissioner for railways is taken to be a reference to—\nfor the commissioner as a corporation sole—Queensland Rail; or\nfor the commissioner as an individual—the chief executive of Queensland Rail.\ns 504 ins 1995 No. 32 s 17\n- (a) for the commissioner as a corporation sole—Queensland Rail; or\n- (b) for the commissioner as an individual—the chief executive of Queensland Rail.","sortOrder":993},{"sectionNumber":"sec.505","sectionType":"section","heading":"Railways Department references","content":"### sec.505 Railways Department references\n\nA reference to the Railways Department is taken to be a reference to Queensland Rail.\ns 505 ins 1995 No. 32 s 17","sortOrder":994},{"sectionNumber":"sec.506","sectionType":"section","heading":"Queensland Railways references","content":"### sec.506 Queensland Railways references\n\nA reference to Queensland Railways is taken to be a reference to Queensland Rail.\ns 506 ins 1995 No. 32 s 17","sortOrder":995},{"sectionNumber":"ch.17-pt.2-div.3","sectionType":"division","heading":"Transition of references about ports","content":"## Transition of references about ports","sortOrder":996},{"sectionNumber":"sec.507","sectionType":"section","heading":"Application of division","content":"### sec.507 Application of division\n\nThis division applies to references in Acts in existence at its commencement.\ns 507 ins 1994 No. 32 s 10","sortOrder":997},{"sectionNumber":"sec.508","sectionType":"section","heading":"Harbours Act 1955 and Port of Brisbane Authority Act 1976 references","content":"### sec.508 Harbours Act 1955 and Port of Brisbane Authority Act 1976 references\n\nA reference to the Harbours Act 1955 or Port of Brisbane Authority Act 1976 is taken to be a reference to this Act.\ns 508 ins 1994 No. 32 s 10","sortOrder":998},{"sectionNumber":"sec.509","sectionType":"section","heading":"Harbour board references","content":"### sec.509 Harbour board references\n\nA reference to a harbour board is taken to be a reference to a port authority under this Act.\nA reference to the Port of Brisbane Authority is taken to be a reference to the Port of Brisbane Corporation.\ns 509 ins 1994 No. 32 s 10\n(sec.509-ssec.1) A reference to a harbour board is taken to be a reference to a port authority under this Act.\n(sec.509-ssec.2) A reference to the Port of Brisbane Authority is taken to be a reference to the Port of Brisbane Corporation.","sortOrder":999},{"sectionNumber":"sec.510","sectionType":"section","heading":"Harbour references","content":"### sec.510 Harbour references\n\nA reference to a harbour is taken to be a reference to a port under this Act.\ns 510 ins 1994 No. 32 s 10","sortOrder":1000},{"sectionNumber":"sec.511","sectionType":"section","heading":"Harbours Corporation and Harbours Trust references","content":"### sec.511 Harbours Corporation and Harbours Trust references\n\nA reference to the Harbours Corporation or Harbours Trust is taken to be a reference to—\nfor a port to which subsection (2) applies—the Ports Corporation of Queensland; or\nin any other case—the State.\nThis subsection applies to the following ports—\nAbbot Point\nBurketown\nCape Flattery\nCooktown\nHay Point\nInnisfail\nKarumba\nLucinda\nMargaret Bay\nMaryborough\nPort Kennedy\nQuintell Beach\nSt Lawrence\nWeipa.\ns 511 ins 1994 No. 32 s 10\namd 2004 No. 5 s 8 sch\n(sec.511-ssec.1) A reference to the Harbours Corporation or Harbours Trust is taken to be a reference to— for a port to which subsection (2) applies—the Ports Corporation of Queensland; or in any other case—the State.\n(sec.511-ssec.2) This subsection applies to the following ports— Abbot Point Burketown Cape Flattery Cooktown Hay Point Innisfail Karumba Lucinda Margaret Bay Maryborough Port Kennedy Quintell Beach St Lawrence Weipa.\n- (a) for a port to which subsection (2) applies—the Ports Corporation of Queensland; or\n- (b) in any other case—the State.\n- • Abbot Point\n- • Burketown\n- • Cape Flattery\n- • Cooktown\n- • Hay Point\n- • Innisfail\n- • Karumba\n- • Lucinda\n- • Margaret Bay\n- • Maryborough\n- • Port Kennedy\n- • Quintell Beach\n- • St Lawrence\n- • Weipa.","sortOrder":1001},{"sectionNumber":"sec.512","sectionType":"section","heading":"Gold Coast Waterways Authority references","content":"### sec.512 Gold Coast Waterways Authority references\n\nA reference to the Gold Coast Waterways Authority is taken to be a reference to the State.\ns 512 ins 1994 No. 32 s 10","sortOrder":1002},{"sectionNumber":"ch.18-pt.1","sectionType":"part","heading":"Transitional provisions for the Integrated Planning Act 1997","content":"# Transitional provisions for the Integrated Planning Act 1997","sortOrder":1003},{"sectionNumber":"sec.513","sectionType":"section","heading":"Continuing application of previous provisions to particular applications","content":"### sec.513 Continuing application of previous provisions to particular applications\n\nThis section applies if—\na local government would have had to apply under section 42 for the approval of a subdivision, rezoning or development of land (the work ) under the section as in force immediately before its amendment by the Integrated Planning and Other Legislation Amendment Act 1999 ; and\na development approval for the same work is not required under the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\nSections 42 and 44 and schedule 3 , as in force immediately before their amendment by the Integrated Planning and Other Legislation Amendment Act 1999 , apply to the work.\ns 513 ins 1999 No. 11 s 33\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 598\n(sec.513-ssec.1) This section applies if— a local government would have had to apply under section 42 for the approval of a subdivision, rezoning or development of land (the work ) under the section as in force immediately before its amendment by the Integrated Planning and Other Legislation Amendment Act 1999 ; and a development approval for the same work is not required under the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .\n(sec.513-ssec.2) Sections 42 and 44 and schedule 3 , as in force immediately before their amendment by the Integrated Planning and Other Legislation Amendment Act 1999 , apply to the work.\n- (a) a local government would have had to apply under section 42 for the approval of a subdivision, rezoning or development of land (the work ) under the section as in force immediately before its amendment by the Integrated Planning and Other Legislation Amendment Act 1999 ; and\n- (b) a development approval for the same work is not required under the repealed Integrated Planning Act 1997 , the repealed Sustainable Planning Act 2009 or the Planning Act 2016 .","sortOrder":1004},{"sectionNumber":"sec.514","sectionType":"section","heading":"Applications for approval of subdivisions, rezoning or development","content":"### sec.514 Applications for approval of subdivisions, rezoning or development\n\nIf an approval was applied for under section 42 (1) (a) (i) , as in force immediately before its amendment by the Integrated Planning and Other Legislation Amendment Act 1999 , processing of the application and all matters incidental to the processing, including any review or appeal made in relation to a decision about the application, must proceed as if that Act had not been enacted.\ns 514 ins 1999 No. 11 s 33","sortOrder":1005},{"sectionNumber":"ch.18-pt.2","sectionType":"part","heading":"Transitional provisions for the Transport Legislation Amendment Act 2000","content":"# Transitional provisions for the Transport Legislation Amendment Act 2000","sortOrder":1006},{"sectionNumber":"sec.515","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.515 Definitions for pt 2\n\nIn this part—\namendment Act means the Transport Legislation Amendment Act 2000 .\nrepealed section 51 means section 51 repealed by section 17 of the amendment Act.\nrepealed section 52 means section 52 repealed by section 17 of the amendment Act.\ns 515 ins 2000 No. 6 s 33","sortOrder":1007},{"sectionNumber":"sec.516","sectionType":"section","heading":"Transitional—access-limited roads","content":"### sec.516 Transitional—access-limited roads\n\nA State-controlled road or part of a State-controlled road that immediately before the commencement of this section was an access-limited road is taken to be a limited access road declared under section 54 .\nFor subsection (1) , an access-limited road includes a State-controlled road, or part of a State-controlled road, to which access was limited immediately before the commencement of repealed section 51 to the extent not inconsistent with a declaration made under repealed section 51 .\nA policy made under repealed section 51 in force immediately before the commencement of this section is taken, with necessary changes, to be a policy gazetted under section 54 (3) .\ns 516 ins 2000 No. 6 s 33\n(sec.516-ssec.1) A State-controlled road or part of a State-controlled road that immediately before the commencement of this section was an access-limited road is taken to be a limited access road declared under section 54 .\n(sec.516-ssec.2) For subsection (1) , an access-limited road includes a State-controlled road, or part of a State-controlled road, to which access was limited immediately before the commencement of repealed section 51 to the extent not inconsistent with a declaration made under repealed section 51 .\n(sec.516-ssec.3) A policy made under repealed section 51 in force immediately before the commencement of this section is taken, with necessary changes, to be a policy gazetted under section 54 (3) .","sortOrder":1008},{"sectionNumber":"sec.517","sectionType":"section","heading":"Transitional—previous decisions about access","content":"### sec.517 Transitional—previous decisions about access\n\nA decision under repealed section 52 in force immediately before the commencement of this section (a previous decision ) is taken, from the commencement, with necessary changes, to be a decision under section 62 (1) .\nA decision prohibiting or limiting access to a State-controlled road in force immediately before the commencement of repealed section 52 , to the extent not inconsistent with a decision under the repealed section 52 in force immediately before the commencement of this section, (a previous decision ) is taken from the commencement, with necessary changes, to be a decision under section 62 (1) .\nWithout limiting subsection (1) or (2) —\na location at which access was permitted under the previous decision is taken to be a permitted road access location; and\nmeans of access, under the previous decision, that are physical works are taken to be road access works.\ns 517 ins 2000 No. 6 s 33\n(sec.517-ssec.1) A decision under repealed section 52 in force immediately before the commencement of this section (a previous decision ) is taken, from the commencement, with necessary changes, to be a decision under section 62 (1) .\n(sec.517-ssec.2) A decision prohibiting or limiting access to a State-controlled road in force immediately before the commencement of repealed section 52 , to the extent not inconsistent with a decision under the repealed section 52 in force immediately before the commencement of this section, (a previous decision ) is taken from the commencement, with necessary changes, to be a decision under section 62 (1) .\n(sec.517-ssec.3) Without limiting subsection (1) or (2) — a location at which access was permitted under the previous decision is taken to be a permitted road access location; and means of access, under the previous decision, that are physical works are taken to be road access works.\n- (a) a location at which access was permitted under the previous decision is taken to be a permitted road access location; and\n- (b) means of access, under the previous decision, that are physical works are taken to be road access works.","sortOrder":1009},{"sectionNumber":"sec.518","sectionType":"section","heading":"Transitional—ancillary works and encroachments","content":"### sec.518 Transitional—ancillary works and encroachments\n\nA reference in a gazette notice to an approval or contract under section 50 , published, given or made before the commencement of this section, is taken to be a reference to road access works.\nAnything that, immediately before the commencement of this section was a means of access constructed, maintained or operated under an approval, requirements or a contract under section 50 , is taken from the commencement, for sections 72 to 74 , to be road access works relating to a permitted road access location under a decision under section 62 (1) .\ns 518 ins 2000 No. 6 s 33\n(sec.518-ssec.1) A reference in a gazette notice to an approval or contract under section 50 , published, given or made before the commencement of this section, is taken to be a reference to road access works.\n(sec.518-ssec.2) Anything that, immediately before the commencement of this section was a means of access constructed, maintained or operated under an approval, requirements or a contract under section 50 , is taken from the commencement, for sections 72 to 74 , to be road access works relating to a permitted road access location under a decision under section 62 (1) .","sortOrder":1010},{"sectionNumber":"sec.519","sectionType":"section","heading":"Transitional—wharf or other harbour work","content":"### sec.519 Transitional—wharf or other harbour work\n\nThis section applies if management and control of a wharf or other harbour work was vested in a person under the repealed Harbours Act 1955 , section 140 immediately before the commencement of this section.\nFrom the commencement, the person is taken to be appointed under section 459 as the manager of the public marine facility constituted by the harbour work ( the facility ).\nA provision of a by-law under the Local Government Act 1936 , or local law, about the facility that was in force immediately before the commencement continues in force from the commencement until the manager makes a local law under section 462 that replaces, or is inconsistent with, the provision.\nA resolution of the board of a port authority about the facility that was in force immediately before the commencement continues in force from the commencement until the port authority takes action under section 463 that replaces, or is inconsistent with, the resolution.\nDespite subsections (3) and (4) , an amount that immediately before the commencement was fixed under section 140(4A) of the repealed Harbours Act 1955 in relation to the facility continues to be fixed from the commencement until a fee is imposed, under section 466 for the facility for any matter.\nA right, permit or licence granted under any of the following by-laws, that was in force immediately before the commencement, is taken from the commencement to be an approval granted by the chief executive as manager of the facility—\nBowen Harbour Board By-law 1977 , by-laws 1, 2, 9 and 10\nMooloolaba Boat Harbour By-law 1976\nRosslyn Bay Boat Harbour By-law 1980\nSnapper Creek and Urangan Boat Harbours By-law 1976 .\ns 519 ins 2000 No. 6 s 34\n(sec.519-ssec.1) This section applies if management and control of a wharf or other harbour work was vested in a person under the repealed Harbours Act 1955 , section 140 immediately before the commencement of this section.\n(sec.519-ssec.2) From the commencement, the person is taken to be appointed under section 459 as the manager of the public marine facility constituted by the harbour work ( the facility ).\n(sec.519-ssec.3) A provision of a by-law under the Local Government Act 1936 , or local law, about the facility that was in force immediately before the commencement continues in force from the commencement until the manager makes a local law under section 462 that replaces, or is inconsistent with, the provision.\n(sec.519-ssec.4) A resolution of the board of a port authority about the facility that was in force immediately before the commencement continues in force from the commencement until the port authority takes action under section 463 that replaces, or is inconsistent with, the resolution.\n(sec.519-ssec.5) Despite subsections (3) and (4) , an amount that immediately before the commencement was fixed under section 140(4A) of the repealed Harbours Act 1955 in relation to the facility continues to be fixed from the commencement until a fee is imposed, under section 466 for the facility for any matter.\n(sec.519-ssec.6) A right, permit or licence granted under any of the following by-laws, that was in force immediately before the commencement, is taken from the commencement to be an approval granted by the chief executive as manager of the facility— Bowen Harbour Board By-law 1977 , by-laws 1, 2, 9 and 10 Mooloolaba Boat Harbour By-law 1976 Rosslyn Bay Boat Harbour By-law 1980 Snapper Creek and Urangan Boat Harbours By-law 1976 .\n- • Bowen Harbour Board By-law 1977 , by-laws 1, 2, 9 and 10\n- • Mooloolaba Boat Harbour By-law 1976\n- • Rosslyn Bay Boat Harbour By-law 1980\n- • Snapper Creek and Urangan Boat Harbours By-law 1976 .","sortOrder":1011},{"sectionNumber":"ch.18-pt.3","sectionType":"part","heading":"Transitional provisions for the Transport Infrastructure and Another Act Amendment Act 2003","content":"# Transitional provisions for the Transport Infrastructure and Another Act Amendment Act 2003","sortOrder":1012},{"sectionNumber":"sec.520","sectionType":"section","heading":"Application of part","content":"### sec.520 Application of part\n\nThis part applies in addition to the Acts Interpretation Act 1954 , part 6.\ns 520 ins 2003 No. 54 s 36","sortOrder":1013},{"sectionNumber":"sec.521","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.521 Definitions for pt 3\n\nIn this part—\naccreditation means—\nfor a railway—accreditation granted under section 126 as a railway manager or railway operator; or\nfor light rail—accreditation given under section 388 as a light rail manager or light rail operator.\ns 521 def accreditation reloc from sch 6 2010 No. 6 s 352 (2)\naccredited person means—\nfor chapter 7 —a railway manager or operator for whom an accreditation is in force under the chapter; or\nfor chapter 10 —a light rail manager or operator for a light rail for whom an accreditation is in force under the chapter.\ns 521 def accredited person reloc from sch 6 2010 No. 6 s 352 (2)\ncommencement means commencement of this section.\ncontinuing accredited person means a person who was an accredited person for chapter 7 immediately before the commencement.\nprevious , in relation to a numbered provision, means the provision of this Act as that provision existed immediately before the commencement.\ns 521 def previous amd 2004 No. 9 s 6\ns 521 ins 2003 No. 54 s 36\n- (a) for a railway—accreditation granted under section 126 as a railway manager or railway operator; or\n- (b) for light rail—accreditation given under section 388 as a light rail manager or light rail operator.\n- (a) for chapter 7 —a railway manager or operator for whom an accreditation is in force under the chapter; or\n- (b) for chapter 10 —a light rail manager or operator for a light rail for whom an accreditation is in force under the chapter.","sortOrder":1014},{"sectionNumber":"sec.522","sectionType":"section","heading":"Inclusion of s 120","content":"### sec.522 Inclusion of s 120\n\nThe inclusion of section 120 does not affect or limit the interpretation of this Act in relation to a matter arising before the commencement.\ns 522 ins 2003 No. 54 s 36","sortOrder":1015},{"sectionNumber":"sec.523","sectionType":"section","heading":"Approved safety management system for person who is accredited at commencement","content":"### sec.523 Approved safety management system for person who is accredited at commencement\n\nThis section applies to the safety management system that the chief executive considered appropriate at the time of considering the application for accreditation of a continuing accredited person, as that system was in force immediately before the commencement.\nThe safety management system is the approved safety management system for a railway managed, or for the operation of rolling stock on a railway, by the continuing accredited person.\nFor section 135, the anniversary day for a continuing accredited person is the day the person was accredited under the Act as in force at any time before the commencement.\ns 523 ins 2003 No. 54 s 36\n(sec.523-ssec.1) This section applies to the safety management system that the chief executive considered appropriate at the time of considering the application for accreditation of a continuing accredited person, as that system was in force immediately before the commencement.\n(sec.523-ssec.2) The safety management system is the approved safety management system for a railway managed, or for the operation of rolling stock on a railway, by the continuing accredited person.\n(sec.523-ssec.3) For section 135, the anniversary day for a continuing accredited person is the day the person was accredited under the Act as in force at any time before the commencement.","sortOrder":1016},{"sectionNumber":"sec.524","sectionType":"section","heading":"Certificate of accreditation given before commencement","content":"### sec.524 Certificate of accreditation given before commencement\n\nIf a document about a continuing accredited person’s accreditation was issued to the person under this Act before the commencement and it purported to be a certificate of accreditation, the document is the person’s certificate of accreditation.\nIf a document purporting to be a certificate of accreditation was not issued to a continuing accredited person before the commencement, the chief executive must issue a certificate of accreditation to the accredited person before the end of 6 months after the commencement.\nIn this section—\ncertificate of accreditation has the meaning given by section 126(7) as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 334.\ns 524 ins 2003 No. 54 s 36\namd 2014 No. 43 s 117 sch 1\n(sec.524-ssec.1) If a document about a continuing accredited person’s accreditation was issued to the person under this Act before the commencement and it purported to be a certificate of accreditation, the document is the person’s certificate of accreditation.\n(sec.524-ssec.2) If a document purporting to be a certificate of accreditation was not issued to a continuing accredited person before the commencement, the chief executive must issue a certificate of accreditation to the accredited person before the end of 6 months after the commencement.\n(sec.524-ssec.3) In this section— certificate of accreditation has the meaning given by section 126(7) as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 334.","sortOrder":1017},{"sectionNumber":"sec.525","sectionType":"section","heading":"Annual levy before commencement","content":"### sec.525 Annual levy before commencement\n\nThis section applies to a notice under previous section 127 (3) given to an accredited person before the commencement.\nAfter the commencement, the notice is a notice under section 127 (3) and is not invalid only because it does not comply with that subsection.\ns 525 ins 2003 No. 54 s 36\n(sec.525-ssec.1) This section applies to a notice under previous section 127 (3) given to an accredited person before the commencement.\n(sec.525-ssec.2) After the commencement, the notice is a notice under section 127 (3) and is not invalid only because it does not comply with that subsection.","sortOrder":1018},{"sectionNumber":"sec.526","sectionType":"section","heading":"Accreditation conditions","content":"### sec.526 Accreditation conditions\n\nThis section applies to an accreditation under previous section 128 as the accreditation exists immediately before the commencement.\nThe accreditation continues to be subject to the conditions to which the accreditation was subject immediately before the commencement.\nSubsection (2) is subject to an express provision of this Act or a regulation condition.\nIf an accreditation before the commencement contained conditions about the accredited person’s financial capacity or public risk insurance arrangements, those conditions may not apply to the extent they are inconsistent with section 137.\nChapter 7, part 3 was repealed by the Transport (Rail Safety) Act 2010 and regulation conditions are no longer applicable.\nIn this section—\napproved safety management system has the meaning given by section 122 as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 334.\ns 526 ins 2003 No. 54 s 36\namd 2014 No. 43 s 117 sch 1\n(sec.526-ssec.1) This section applies to an accreditation under previous section 128 as the accreditation exists immediately before the commencement.\n(sec.526-ssec.2) The accreditation continues to be subject to the conditions to which the accreditation was subject immediately before the commencement.\n(sec.526-ssec.3) Subsection (2) is subject to an express provision of this Act or a regulation condition. If an accreditation before the commencement contained conditions about the accredited person’s financial capacity or public risk insurance arrangements, those conditions may not apply to the extent they are inconsistent with section 137. Chapter 7, part 3 was repealed by the Transport (Rail Safety) Act 2010 and regulation conditions are no longer applicable.\n(sec.526-ssec.4) In this section— approved safety management system has the meaning given by section 122 as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 334.","sortOrder":1019},{"sectionNumber":"sec.527","sectionType":"section","heading":"How to deal with application for amending accreditation conditions made before commencement","content":"### sec.527 How to deal with application for amending accreditation conditions made before commencement\n\nThis section applies to an application made under previous section 132 for which the chief executive has not granted, or refused to grant, the amendment before the commencement.\nThe application is to be dealt with by the chief executive as—\nto the extent the application relates to the accredited person’s safety management system—an application under section 133 ; and\nto the extent the application relates to matters other than the accredited person’s safety management system—an application under section 132 .\ns 527 ins 2003 No. 54 s 36\n(sec.527-ssec.1) This section applies to an application made under previous section 132 for which the chief executive has not granted, or refused to grant, the amendment before the commencement.\n(sec.527-ssec.2) The application is to be dealt with by the chief executive as— to the extent the application relates to the accredited person’s safety management system—an application under section 133 ; and to the extent the application relates to matters other than the accredited person’s safety management system—an application under section 132 .\n- (a) to the extent the application relates to the accredited person’s safety management system—an application under section 133 ; and\n- (b) to the extent the application relates to matters other than the accredited person’s safety management system—an application under section 132 .","sortOrder":1020},{"sectionNumber":"sec.528","sectionType":"section","heading":"Actions to amend accreditation conditions without application or to suspend or cancel accreditation","content":"### sec.528 Actions to amend accreditation conditions without application or to suspend or cancel accreditation\n\nThis section applies to an accreditation if—\nthe chief executive had given the accredited person a notice under previous section 139 or 140 before the commencement; and\nthe proceeding started by the giving of the notice has not been completed before the commencement.\nThe proceeding that the notice starts is to be continued and completed under chapter 7 , part 3 , division 7 as if the notice were a show cause notice under that division.\nIf the notice under previous section 140 (2) was given at the same time as a notice under previous section 145 , the suspension under previous section 145 continues until the proceeding following the giving of the notice is completed under section 159 or 160 .\ns 528 ins 2003 No. 54 s 36\n(sec.528-ssec.1) This section applies to an accreditation if— the chief executive had given the accredited person a notice under previous section 139 or 140 before the commencement; and the proceeding started by the giving of the notice has not been completed before the commencement.\n(sec.528-ssec.2) The proceeding that the notice starts is to be continued and completed under chapter 7 , part 3 , division 7 as if the notice were a show cause notice under that division.\n(sec.528-ssec.3) If the notice under previous section 140 (2) was given at the same time as a notice under previous section 145 , the suspension under previous section 145 continues until the proceeding following the giving of the notice is completed under section 159 or 160 .\n- (a) the chief executive had given the accredited person a notice under previous section 139 or 140 before the commencement; and\n- (b) the proceeding started by the giving of the notice has not been completed before the commencement.","sortOrder":1021},{"sectionNumber":"sec.529","sectionType":"section","heading":"Appeals","content":"### sec.529 Appeals\n\nThis section applies to a person if, before the commencement, the person may—\nask the chief executive to review a decision under section 485 (1) ; or\nappeal against a reviewed decision under section 485 (4) .\nThe person’s rights as mentioned in subsection (1) continue after the commencement subject to any limitations applicable before the commencement.\nSubsection (2) applies whether or not the person has done either of the things mentioned in subsection (1) before the commencement.\nFor an application for a review or an appeal by a person to whom this section applies, when either the chief executive or an appeal court is exercising powers under the Transport Planning and Coordination Act 1994 , part 5, the chief executive or appeal court must exercise those powers as if the right to make the application or appeal arose after the commencement.\ns 529 ins 2003 No. 54 s 36\n(sec.529-ssec.1) This section applies to a person if, before the commencement, the person may— ask the chief executive to review a decision under section 485 (1) ; or appeal against a reviewed decision under section 485 (4) .\n(sec.529-ssec.2) The person’s rights as mentioned in subsection (1) continue after the commencement subject to any limitations applicable before the commencement.\n(sec.529-ssec.3) Subsection (2) applies whether or not the person has done either of the things mentioned in subsection (1) before the commencement.\n(sec.529-ssec.4) For an application for a review or an appeal by a person to whom this section applies, when either the chief executive or an appeal court is exercising powers under the Transport Planning and Coordination Act 1994 , part 5, the chief executive or appeal court must exercise those powers as if the right to make the application or appeal arose after the commencement.\n- (a) ask the chief executive to review a decision under section 485 (1) ; or\n- (b) appeal against a reviewed decision under section 485 (4) .","sortOrder":1022},{"sectionNumber":"sec.530","sectionType":"section","heading":"Declaration about s 521 , definition previous","content":"### sec.530 Declaration about s 521 , definition previous\n\nIt is declared that, for the period starting on 1 December 2003 to immediately before the commencement of this section, the definition previous in section 521 is taken to have included ‘as that provision existed’ instead of ‘with that number as in force’.\ns 530 ins 2004 No. 9 s 7","sortOrder":1023},{"sectionNumber":"ch.18-pt.4","sectionType":"part","heading":"Transitional provision for the Transport Infrastructure Amendment Act 2004","content":"# Transitional provision for the Transport Infrastructure Amendment Act 2004","sortOrder":1024},{"sectionNumber":"sec.531","sectionType":"section","heading":"Statements about derailment","content":"### sec.531 Statements about derailment\n\nThis section applies to a statement about the derailment made by a relevant employee to a rail safety officer before the commencement of this section.\nThe statement (the primary evidence ) and any information, or document or other thing obtained as a direct or indirect result of the statement (the derived evidence ) is not admissible in evidence against the employee in any civil or criminal proceeding.\nSubsection (2) does not prevent the primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\nAlso, subsection (2) has no effect on the use or admissibility of a report in a coronial procedure.\nIt is declared that the statement, information, or document or other thing mentioned in subsection (2) is taken to be restricted information for the purposes of chapter 7 , part 6 .\nIn this section—\ncivil or criminal proceeding has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336.\ncoronial procedure has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336.\nderailment means the derailment of the tilt train operated by Queensland Rail derailled on or about 16 November 2004 at Berajondo.\nindividual has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336.\nrail safety officer means a person who is appointed as a rail safety officer under section 171 .\nrelevant employee means an individual involved in the derailment who at the time of the derailment was an employee of a railway operator for the rolling stock involved in the derailment.\ns 531 ins 2004 No. 54 s 9\namd 2010 No. 6 s 352 (3) ; 2014 No. 43 s 117 sch 1\n(sec.531-ssec.1) This section applies to a statement about the derailment made by a relevant employee to a rail safety officer before the commencement of this section.\n(sec.531-ssec.2) The statement (the primary evidence ) and any information, or document or other thing obtained as a direct or indirect result of the statement (the derived evidence ) is not admissible in evidence against the employee in any civil or criminal proceeding.\n(sec.531-ssec.3) Subsection (2) does not prevent the primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\n(sec.531-ssec.4) Also, subsection (2) has no effect on the use or admissibility of a report in a coronial procedure.\n(sec.531-ssec.5) It is declared that the statement, information, or document or other thing mentioned in subsection (2) is taken to be restricted information for the purposes of chapter 7 , part 6 .\n(sec.531-ssec.6) In this section— civil or criminal proceeding has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336. coronial procedure has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336. derailment means the derailment of the tilt train operated by Queensland Rail derailled on or about 16 November 2004 at Berajondo. individual has the meaning given by section 213B as in force immediately before the commencement of the Transport (Rail Safety) Act 2010 , section 336. rail safety officer means a person who is appointed as a rail safety officer under section 171 . relevant employee means an individual involved in the derailment who at the time of the derailment was an employee of a railway operator for the rolling stock involved in the derailment.","sortOrder":1025},{"sectionNumber":"ch.18-pt.5","sectionType":"part","heading":"Transitional provisions for the Transport Infrastructure and Other Legislation Amendment Act 2005","content":"# Transitional provisions for the Transport Infrastructure and Other Legislation Amendment Act 2005","sortOrder":1026},{"sectionNumber":"sec.532","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.532 Definitions for pt 5\n\nIn this part—\ncommencement means the commencement of this section.\nrepealed regulation means—\nthe Transport Infrastructure (Ports) Regulation 1994 ; or\nthe Transport Infrastructure (Airport Management) Regulation 1994 .\ns 532 ins 2005 No. 22 s 16\n- (a) the Transport Infrastructure (Ports) Regulation 1994 ; or\n- (b) the Transport Infrastructure (Airport Management) Regulation 1994 .","sortOrder":1027},{"sectionNumber":"sec.533","sectionType":"section","heading":"Approvals","content":"### sec.533 Approvals\n\nSubsection (2) applies to a written approval—\ngiven by a port authority under the Transport Infrastructure (Ports) Regulation 1994 before commencement, other than a written approval given under section 43, 44 or 45 of the regulation; and\nin force immediately before commencement.\nThe written approval is taken to be an approval granted by the port authority under chapter 8 , part 4A after commencement.\nSubsection (4) applies to a written approval ( controlled activity approval )—\ngiven by a port authority under the Transport Infrastructure (Ports) Regulation 1994 , section 43, 44 or 45, before commencement; and\nin force immediately before commencement.\nThe controlled activity approval—\nis taken to be an approval granted by the port authority under chapter 8 , part 4A ; and\nexpires whenever the first of the following happens—\nthe end of 6 months after commencement;\nthe port authority gives a new approval to the person in substitution for the controlled activity approval under this Act.\nFor sub section 4 (b) (ii) , the port authority may give an approval without receiving an application for the approval under section 289C .\ns 533 ins 2005 No. 22 s 16\n(sec.533-ssec.1) Subsection (2) applies to a written approval— given by a port authority under the Transport Infrastructure (Ports) Regulation 1994 before commencement, other than a written approval given under section 43, 44 or 45 of the regulation; and in force immediately before commencement.\n(sec.533-ssec.2) The written approval is taken to be an approval granted by the port authority under chapter 8 , part 4A after commencement.\n(sec.533-ssec.3) Subsection (4) applies to a written approval ( controlled activity approval )— given by a port authority under the Transport Infrastructure (Ports) Regulation 1994 , section 43, 44 or 45, before commencement; and in force immediately before commencement.\n(sec.533-ssec.4) The controlled activity approval— is taken to be an approval granted by the port authority under chapter 8 , part 4A ; and expires whenever the first of the following happens— the end of 6 months after commencement; the port authority gives a new approval to the person in substitution for the controlled activity approval under this Act.\n(sec.533-ssec.5) For sub section 4 (b) (ii) , the port authority may give an approval without receiving an application for the approval under section 289C .\n- (a) given by a port authority under the Transport Infrastructure (Ports) Regulation 1994 before commencement, other than a written approval given under section 43, 44 or 45 of the regulation; and\n- (b) in force immediately before commencement.\n- (a) given by a port authority under the Transport Infrastructure (Ports) Regulation 1994 , section 43, 44 or 45, before commencement; and\n- (b) in force immediately before commencement.\n- (a) is taken to be an approval granted by the port authority under chapter 8 , part 4A ; and\n- (b) expires whenever the first of the following happens— (i) the end of 6 months after commencement; (ii) the port authority gives a new approval to the person in substitution for the controlled activity approval under this Act.\n- (i) the end of 6 months after commencement;\n- (ii) the port authority gives a new approval to the person in substitution for the controlled activity approval under this Act.\n- (i) the end of 6 months after commencement;\n- (ii) the port authority gives a new approval to the person in substitution for the controlled activity approval under this Act.","sortOrder":1028},{"sectionNumber":"sec.534","sectionType":"section","heading":"Proceedings","content":"### sec.534 Proceedings\n\nA proceeding by or against a port authority under a repealed regulation, that has not ended before the commencement, may be continued and finished as if the repealed regulation had not been repealed.\ns 534 ins 2005 No. 22 s 16","sortOrder":1029},{"sectionNumber":"sec.535","sectionType":"section","heading":"Land use plans","content":"### sec.535 Land use plans\n\nThis section applies if, before commencement—\nconsultation had started or had been completed in relation to a proposed land use plan or amendment of a land use plan under section 285 as in force immediately before commencement; and\nSee section 285 (Land use plans) as in force immediately before commencement.\nthe Minister had not approved the proposed land use plan or amendment of the land use plan under section 286 as in force immediately before commencement.\nSee section 286 (Approval of land use plans) as in force immediately before commencement.\nChapter 8, part 4, division 1, as in force immediately before commencement, continues to apply to the proposed land use plan or amendment of a land use plan despite the enactment of the Transport Infrastructure and Other Legislation Amendment Act 2005 .\ns 535 ins 2005 No. 22 s 16\n(sec.535-ssec.1) This section applies if, before commencement— consultation had started or had been completed in relation to a proposed land use plan or amendment of a land use plan under section 285 as in force immediately before commencement; and See section 285 (Land use plans) as in force immediately before commencement. the Minister had not approved the proposed land use plan or amendment of the land use plan under section 286 as in force immediately before commencement. See section 286 (Approval of land use plans) as in force immediately before commencement.\n(sec.535-ssec.2) Chapter 8, part 4, division 1, as in force immediately before commencement, continues to apply to the proposed land use plan or amendment of a land use plan despite the enactment of the Transport Infrastructure and Other Legislation Amendment Act 2005 .\n- (a) consultation had started or had been completed in relation to a proposed land use plan or amendment of a land use plan under section 285 as in force immediately before commencement; and Note— See section 285 (Land use plans) as in force immediately before commencement.\n- (b) the Minister had not approved the proposed land use plan or amendment of the land use plan under section 286 as in force immediately before commencement. Note— See section 286 (Approval of land use plans) as in force immediately before commencement.","sortOrder":1030},{"sectionNumber":"sec.536","sectionType":"section","heading":"Detained property","content":"### sec.536 Detained property\n\nThis section applies to property, detained by a port authority under part 4 , division 2 of a repealed regulation, which has not been completely dealt with by the port authority under that division before commencement.\nThe port authority may continue to deal with the property as if the repealed regulation had not been repealed.\ns 536 ins 2005 No. 22 s 16\n(sec.536-ssec.1) This section applies to property, detained by a port authority under part 4 , division 2 of a repealed regulation, which has not been completely dealt with by the port authority under that division before commencement.\n(sec.536-ssec.2) The port authority may continue to deal with the property as if the repealed regulation had not been repealed.","sortOrder":1031},{"sectionNumber":"sec.537","sectionType":"section","heading":null,"content":"### Section sec.537\n\ns 537 ins 2005 No. 22 s 16\nexp 29 August 2006 (see s 537(3))","sortOrder":1032},{"sectionNumber":"sec.538","sectionType":"section","heading":"Things done under re-enacted provision","content":"### sec.538 Things done under re-enacted provision\n\nThis section applies subject to this part.\nA thing continues to have effect as if the thing had been done under this Act if the thing—\nexpressly or impliedly was authorised to be done under a provision of a repealed regulation; and\nwas in force immediately before the repeal; and\ncan be done under a re-enacted provision.\nport notices issued by a port authority\nappointments of authorised officers\ndirections given to a person by an authorised officer\nIn this section—\nre-enacted provision means a provision of a repealed regulation that has been re-enacted, including with changes, as a provision in chapter 8 by the Transport Infrastructure and Other Legislation Amendment Act 2005 .\ns 538 ins 2005 No. 22 s 16\n(sec.538-ssec.1) This section applies subject to this part.\n(sec.538-ssec.2) A thing continues to have effect as if the thing had been done under this Act if the thing— expressly or impliedly was authorised to be done under a provision of a repealed regulation; and was in force immediately before the repeal; and can be done under a re-enacted provision. port notices issued by a port authority appointments of authorised officers directions given to a person by an authorised officer\n(sec.538-ssec.3) In this section— re-enacted provision means a provision of a repealed regulation that has been re-enacted, including with changes, as a provision in chapter 8 by the Transport Infrastructure and Other Legislation Amendment Act 2005 .\n- (a) expressly or impliedly was authorised to be done under a provision of a repealed regulation; and\n- (b) was in force immediately before the repeal; and\n- (c) can be done under a re-enacted provision.\n- • port notices issued by a port authority\n- • appointments of authorised officers\n- • directions given to a person by an authorised officer","sortOrder":1033},{"sectionNumber":"ch.18-pt.6","sectionType":"part","heading":"Transitional provisions for the Transport Legislation Amendment Act 2005","content":"# Transitional provisions for the Transport Legislation Amendment Act 2005","sortOrder":1034},{"sectionNumber":"ch.18-pt.6-div.1","sectionType":"division","heading":"Transitional provision for port authorities","content":"## Transitional provision for port authorities","sortOrder":1035},{"sectionNumber":"sec.539","sectionType":"section","heading":"Port authorities","content":"### sec.539 Port authorities\n\nThis section applies to a port authority mentioned in schedule 6 , definition port authority , paragraph (a) , (b) or (c) , as in force immediately before the commencement of this section.\nOn the commencement—\nthe port authority continues in existence as if it had been declared to be a port authority under a regulation under section 274A ; and\nthe port or ports that the port authority is prescribed to manage is the port or are the ports the port authority managed immediately before the commencement.\ns 539 ins 2005 No. 49 s 32\n(sec.539-ssec.1) This section applies to a port authority mentioned in schedule 6 , definition port authority , paragraph (a) , (b) or (c) , as in force immediately before the commencement of this section.\n(sec.539-ssec.2) On the commencement— the port authority continues in existence as if it had been declared to be a port authority under a regulation under section 274A ; and the port or ports that the port authority is prescribed to manage is the port or are the ports the port authority managed immediately before the commencement.\n- (a) the port authority continues in existence as if it had been declared to be a port authority under a regulation under section 274A ; and\n- (b) the port or ports that the port authority is prescribed to manage is the port or are the ports the port authority managed immediately before the commencement.","sortOrder":1036},{"sectionNumber":"ch.18-pt.6-div.2","sectionType":"division","heading":"Transitional provisions for busways","content":"## Transitional provisions for busways","sortOrder":1037},{"sectionNumber":"sec.540","sectionType":"section","heading":"Busway authorisation","content":"### sec.540 Busway authorisation\n\nIf, immediately before the commencement, a person was an authorised busway service provider, the person is, on the commencement, taken to be an authorised busway user.\nA reference in an Act or a document to an authorised busway service provider may, if the context permits, be taken to be a reference to an authorised busway user.\ns 540 ins 2005 No. 49 s 32\n(sec.540-ssec.1) If, immediately before the commencement, a person was an authorised busway service provider, the person is, on the commencement, taken to be an authorised busway user.\n(sec.540-ssec.2) A reference in an Act or a document to an authorised busway service provider may, if the context permits, be taken to be a reference to an authorised busway user.","sortOrder":1038},{"sectionNumber":"sec.541","sectionType":"section","heading":"Busway safety officers","content":"### sec.541 Busway safety officers\n\nIf, immediately before the commencement, a person was a busway safety officer under section 22 of the regulation the person is, on the commencement, taken to be a busway safety officer appointed under section 346B .\nIf, immediately before the commencement, the person held office on conditions stated in an instrument of appointment or signed notice, on the commencement the stated conditions continue to apply to the appointment as if they were stated in an instrument of appointment or a signed notice under section 346C .\nIf the person had been issued with an identity card under section 24 of the regulation, on the commencement the identity card is taken to have been issued under section 346D .\nIn this section—\ncommencement means the commencement of this section.\nregulation means the Transport Infrastructure (Busway) Regulation 2002 , as in force immediately before the commencement.\ns 541 ins 2005 No. 49 s 32\n(sec.541-ssec.1) If, immediately before the commencement, a person was a busway safety officer under section 22 of the regulation the person is, on the commencement, taken to be a busway safety officer appointed under section 346B .\n(sec.541-ssec.2) If, immediately before the commencement, the person held office on conditions stated in an instrument of appointment or signed notice, on the commencement the stated conditions continue to apply to the appointment as if they were stated in an instrument of appointment or a signed notice under section 346C .\n(sec.541-ssec.3) If the person had been issued with an identity card under section 24 of the regulation, on the commencement the identity card is taken to have been issued under section 346D .\n(sec.541-ssec.4) In this section— commencement means the commencement of this section. regulation means the Transport Infrastructure (Busway) Regulation 2002 , as in force immediately before the commencement.","sortOrder":1039},{"sectionNumber":"sec.542","sectionType":"section","heading":"Offences","content":"### sec.542 Offences\n\nProceedings for an offence against the Transport Infrastructure (Busway) Regulation 2002 , section 7 , 9 or 29 , may be continued, or started, as if the section had not been repealed.\ns 542 ins 2005 No. 49 s 32","sortOrder":1040},{"sectionNumber":"ch.18-pt.7","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2005","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2005","sortOrder":1041},{"sectionNumber":"sec.543","sectionType":"section","heading":"Transitional provision for toll roads","content":"### sec.543 Transitional provision for toll roads\n\nThis section applies if, immediately before the commencement, a State-controlled road or part of a State-controlled road, or a franchised road or part of a franchised road, was a toll road under the previous provisions.\nOn the commencement—\nthe road continues to be a toll road as if it had been declared to be a toll road by gazette notice under section 93; and\ntolls payable for the use of toll roads under the previous provisions continue to be payable for the use of toll roads as if they had been provided for by gazette notice under section 93; and\nthe types of vehicles liable for tolls for use of the toll road under the previous provisions continue to be liable for tolls for use of the toll road as if they had been provided for by gazette notice under section 93; and\nthe toll set as payable under the previous provisions for each type of vehicle at each toll plaza on the toll road continues to be payable as if it had been provided for by gazette notice under section 93; and\nthe administration charge for a toll set under the previous provisions for chapter 6 , part 7 of the Act continues as the administration charge for the toll as if it had been provided for by gazette notice under section 93.\nThe Minister may, by gazette notice, provide for a matter mentioned in schedule 5 for a toll road mentioned in subsection (1) as if the toll road were being declared under section 93.\nWithout limiting subsection (3) , a gazette notice under that subsection may provide for, or amend, a matter mentioned in subsection (2) .\nIn this section—\ncommencement means the commencement of this section.\nprevious provisions means the Transport Infrastructure (State-controlled Roads) Regulation 1994 , part 4 .\ns 543 ins 2005 No. 67 s 37\n(sec.543-ssec.1) This section applies if, immediately before the commencement, a State-controlled road or part of a State-controlled road, or a franchised road or part of a franchised road, was a toll road under the previous provisions.\n(sec.543-ssec.2) On the commencement— the road continues to be a toll road as if it had been declared to be a toll road by gazette notice under section 93; and tolls payable for the use of toll roads under the previous provisions continue to be payable for the use of toll roads as if they had been provided for by gazette notice under section 93; and the types of vehicles liable for tolls for use of the toll road under the previous provisions continue to be liable for tolls for use of the toll road as if they had been provided for by gazette notice under section 93; and the toll set as payable under the previous provisions for each type of vehicle at each toll plaza on the toll road continues to be payable as if it had been provided for by gazette notice under section 93; and the administration charge for a toll set under the previous provisions for chapter 6 , part 7 of the Act continues as the administration charge for the toll as if it had been provided for by gazette notice under section 93.\n(sec.543-ssec.3) The Minister may, by gazette notice, provide for a matter mentioned in schedule 5 for a toll road mentioned in subsection (1) as if the toll road were being declared under section 93.\n(sec.543-ssec.4) Without limiting subsection (3) , a gazette notice under that subsection may provide for, or amend, a matter mentioned in subsection (2) .\n(sec.543-ssec.5) In this section— commencement means the commencement of this section. previous provisions means the Transport Infrastructure (State-controlled Roads) Regulation 1994 , part 4 .\n- (a) the road continues to be a toll road as if it had been declared to be a toll road by gazette notice under section 93; and\n- (b) tolls payable for the use of toll roads under the previous provisions continue to be payable for the use of toll roads as if they had been provided for by gazette notice under section 93; and\n- (c) the types of vehicles liable for tolls for use of the toll road under the previous provisions continue to be liable for tolls for use of the toll road as if they had been provided for by gazette notice under section 93; and\n- (d) the toll set as payable under the previous provisions for each type of vehicle at each toll plaza on the toll road continues to be payable as if it had been provided for by gazette notice under section 93; and\n- (e) the administration charge for a toll set under the previous provisions for chapter 6 , part 7 of the Act continues as the administration charge for the toll as if it had been provided for by gazette notice under section 93.","sortOrder":1042},{"sectionNumber":"sec.544","sectionType":"section","heading":"Transitional provision for north-south bypass tunnel project","content":"### sec.544 Transitional provision for north-south bypass tunnel project\n\nOn the commencement, the north-south bypass tunnel project is taken to be an approved tollway project as if the Minister had, by written notice given to Brisbane City Council, given approval under section 105C(2).\nWithout limiting subsection (1) —\nthe approval of the tollway project is taken, for section 105F, to have started on the day on which the memorandum of understanding was entered into; and\na condition to which the north-south bypass tunnel project is subject, immediately before the commencement, including, for example, under the memorandum of understanding, is taken to be a condition to which the approval is subject under\nsection 105C(4); and\nthe approval of the north-south bypass tunnel project may be amended under section 105E.\nIn this section—\ncommencement means the commencement of this section.\nmemorandum of understanding means the document titled ‘Memorandum of Understanding—North-South Bypass Tunnel Project’ entered into between the State of Queensland and Brisbane City Council and dated 28 February 2005.\nnorth-south bypass tunnel project means the project described in the document titled ‘North-South Bypass Tunnel Draft Environmental Impact Statement’ prepared under the State Development and Public Works Organisation Act 1971 by Sinclair Knight Merz Pty Ltd and Connell Wagner Pty Ltd and dated February 2005.\nA copy of the document may be obtained at the Brisbane City Council’s public office or through the Council’s website.\ns 544 ins 2005 No. 67 s 37\n(sec.544-ssec.1) On the commencement, the north-south bypass tunnel project is taken to be an approved tollway project as if the Minister had, by written notice given to Brisbane City Council, given approval under section 105C(2).\n(sec.544-ssec.2) Without limiting subsection (1) — the approval of the tollway project is taken, for section 105F, to have started on the day on which the memorandum of understanding was entered into; and a condition to which the north-south bypass tunnel project is subject, immediately before the commencement, including, for example, under the memorandum of understanding, is taken to be a condition to which the approval is subject under section 105C(4); and the approval of the north-south bypass tunnel project may be amended under section 105E.\n(sec.544-ssec.3) In this section— commencement means the commencement of this section. memorandum of understanding means the document titled ‘Memorandum of Understanding—North-South Bypass Tunnel Project’ entered into between the State of Queensland and Brisbane City Council and dated 28 February 2005. north-south bypass tunnel project means the project described in the document titled ‘North-South Bypass Tunnel Draft Environmental Impact Statement’ prepared under the State Development and Public Works Organisation Act 1971 by Sinclair Knight Merz Pty Ltd and Connell Wagner Pty Ltd and dated February 2005. A copy of the document may be obtained at the Brisbane City Council’s public office or through the Council’s website.\n- (a) the approval of the tollway project is taken, for section 105F, to have started on the day on which the memorandum of understanding was entered into; and\n- (b) a condition to which the north-south bypass tunnel project is subject, immediately before the commencement, including, for example, under the memorandum of understanding, is taken to be a condition to which the approval is subject under section 105C(4); and\n- (c) the approval of the north-south bypass tunnel project may be amended under section 105E.","sortOrder":1043},{"sectionNumber":"ch.18-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":1044},{"sectionNumber":"sec.545","sectionType":"section","heading":null,"content":"### Section sec.545\n\ns 545 ins 2006 No. 21 s 150 (1) sch\nom 2013 No. 39 s 109 sch 2","sortOrder":1045},{"sectionNumber":"ch.18-pt.9","sectionType":"part","heading":"Transitional provision for Transport Legislation Amendment Act 2008, part 3 , division 2","content":"# Transitional provision for Transport Legislation Amendment Act 2008, part 3 , division 2","sortOrder":1046},{"sectionNumber":"sec.546","sectionType":"section","heading":"Transitional provision for toll roads","content":"### sec.546 Transitional provision for toll roads\n\nThis section applies to a road that immediately before the commencement of this section continued, under section 543 , to be a toll road as if it had been declared to be a toll road by gazette notice under section 93 .\nDespite the amendment of section 93 —\nthe road continues to be a toll road as if, by gazette notice under section 93 , the Minister had declared a toll may be payable for use of the road; and\nsection 543 continues to apply to the road, including section 543 (3) , on the basis that a reference to the toll road being declared under section 93 were a reference to the road being the subject of a declaration under section 93 .\nIn this section—\namendment of section 93 means the amendment of section 93 by the Transport Legislation Amendment Act 2008 , part 3, division 2.\ns 546 ins 2008 No. 31 s 15\n(sec.546-ssec.1) This section applies to a road that immediately before the commencement of this section continued, under section 543 , to be a toll road as if it had been declared to be a toll road by gazette notice under section 93 .\n(sec.546-ssec.2) Despite the amendment of section 93 — the road continues to be a toll road as if, by gazette notice under section 93 , the Minister had declared a toll may be payable for use of the road; and section 543 continues to apply to the road, including section 543 (3) , on the basis that a reference to the toll road being declared under section 93 were a reference to the road being the subject of a declaration under section 93 .\n(sec.546-ssec.3) In this section— amendment of section 93 means the amendment of section 93 by the Transport Legislation Amendment Act 2008 , part 3, division 2.\n- (a) the road continues to be a toll road as if, by gazette notice under section 93 , the Minister had declared a toll may be payable for use of the road; and\n- (b) section 543 continues to apply to the road, including section 543 (3) , on the basis that a reference to the toll road being declared under section 93 were a reference to the road being the subject of a declaration under section 93 .","sortOrder":1047},{"sectionNumber":"ch.18-pt.10","sectionType":"part","heading":"Transitional provision and declaration for Transport and Other Legislation Amendment Act 2008, part 3 , division 12","content":"# Transitional provision and declaration for Transport and Other Legislation Amendment Act 2008, part 3 , division 12","sortOrder":1048},{"sectionNumber":"sec.547","sectionType":"section","heading":"Declaration about particular subleases","content":"### sec.547 Declaration about particular subleases\n\nThis section applies to—\namendment to sublease 701720343 executed on 29 August 2008 by the State of Queensland and QR Limited and lodged with the registrar of titles under dealing number 711947329; and\ntransfers of the following subleases from QR Limited to QR Network Pty Ltd executed on 29 August 2008—\n701720343\n709548151\n709650878\nFor the Land Act 1994 , section 302, the amendment and transfers are taken to have been registered on 1 September 2008.\ns 547 ins 2008 No. 67 s 146\n(sec.547-ssec.1) This section applies to— amendment to sublease 701720343 executed on 29 August 2008 by the State of Queensland and QR Limited and lodged with the registrar of titles under dealing number 711947329; and transfers of the following subleases from QR Limited to QR Network Pty Ltd executed on 29 August 2008— 701720343 709548151 709650878\n(sec.547-ssec.2) For the Land Act 1994 , section 302, the amendment and transfers are taken to have been registered on 1 September 2008.\n- (a) amendment to sublease 701720343 executed on 29 August 2008 by the State of Queensland and QR Limited and lodged with the registrar of titles under dealing number 711947329; and\n- (b) transfers of the following subleases from QR Limited to QR Network Pty Ltd executed on 29 August 2008— • 701720343 • 709548151 • 709650878\n- • 701720343\n- • 709548151\n- • 709650878\n- • 701720343\n- • 709548151\n- • 709650878","sortOrder":1049},{"sectionNumber":"sec.548","sectionType":"section","heading":"Declaration about sch 4 easements","content":"### sec.548 Declaration about sch 4 easements\n\nThis section applies to the transfers of schedule 4 easements from QR Limited to the State of Queensland executed on 29 August 2008.\nFor the Land Title Act 1994 , section 62, the transfers are taken to have been registered on 1 September 2008.\nIn this section—\nschedule 4 easement means an easement mentioned in schedule 4 .\ns 548 ins 2008 No. 67 s 146\n(sec.548-ssec.1) This section applies to the transfers of schedule 4 easements from QR Limited to the State of Queensland executed on 29 August 2008.\n(sec.548-ssec.2) For the Land Title Act 1994 , section 62, the transfers are taken to have been registered on 1 September 2008.\n(sec.548-ssec.3) In this section— schedule 4 easement means an easement mentioned in schedule 4 .","sortOrder":1050},{"sectionNumber":"sec.549","sectionType":"section","heading":"Exercise of power under s 241","content":"### sec.549 Exercise of power under s 241\n\nThis section applies to an easement to which section 241 applies.\nAn exercise of power under previous section 241 continues to have effect under this Act, including an exercise of power by QR Limited.\nPrevious section 241 mentioned Queensland Rail but on 1 July 2007 Queensland Rail became QR Limited.\nWithout limiting subsection (2) , in relation to the grant of a licence to a railway manager or the grant of a sublicence to a railway operator under previous section 241 , the grant is taken to have been made under section 241 and may be dealt with under that section.\nIn this section—\nprevious section 241 means section 241 as in force immediately before the commencement of this section.\ns 549 ins 2008 No. 67 s 146\n(sec.549-ssec.1) This section applies to an easement to which section 241 applies.\n(sec.549-ssec.2) An exercise of power under previous section 241 continues to have effect under this Act, including an exercise of power by QR Limited. Previous section 241 mentioned Queensland Rail but on 1 July 2007 Queensland Rail became QR Limited.\n(sec.549-ssec.3) Without limiting subsection (2) , in relation to the grant of a licence to a railway manager or the grant of a sublicence to a railway operator under previous section 241 , the grant is taken to have been made under section 241 and may be dealt with under that section.\n(sec.549-ssec.4) In this section— previous section 241 means section 241 as in force immediately before the commencement of this section.","sortOrder":1051},{"sectionNumber":"sec.550","sectionType":"section","heading":null,"content":"### Section sec.550\n\ns 550 ins 2008 No. 67 s 146\nom 2010 No. 19 s 76","sortOrder":1052},{"sectionNumber":"ch.18-pt.11","sectionType":"part","heading":null,"content":"","sortOrder":1053},{"sectionNumber":"sec.551","sectionType":"section","heading":null,"content":"### Section sec.551\n\ns 551 ins 2009 No. 13 s 213 sch 5\nom 2013 No. 39 s 109 sch 2","sortOrder":1054},{"sectionNumber":"ch.18-pt.12","sectionType":"part","heading":"Transitional provision for Sustainable Planning Act 2009","content":"# Transitional provision for Sustainable Planning Act 2009","sortOrder":1055},{"sectionNumber":"sec.552","sectionType":"section","heading":"Application of s 247","content":"### sec.552 Application of s 247\n\nSection 247 (2) as in force immediately before the commencement of this section continues to apply in relation to—\na matter mentioned in section 247(1)(a) and being done under the repealed Integrated Planning Act 1997 before or after the commencement; and\na requirement mentioned in section 247(1)(b) or (c) arising under the repealed Integrated Planning Act 1997 before or after the commencement.\ns 552 ins 2009 No. 36 s 872 sch 2\n- (a) a matter mentioned in section 247(1)(a) and being done under the repealed Integrated Planning Act 1997 before or after the commencement; and\n- (b) a requirement mentioned in section 247(1)(b) or (c) arising under the repealed Integrated Planning Act 1997 before or after the commencement.","sortOrder":1056},{"sectionNumber":"ch.18-pt.13","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2009","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2009","sortOrder":1057},{"sectionNumber":"sec.553","sectionType":"section","heading":"Application of s 258 to prescribed development applications","content":"### sec.553 Application of s 258 to prescribed development applications\n\nThis section applies to a prescribed development application made—\nbefore, and not finally dealt with at, the commencement; or\nwithin 6 months after the commencement.\nThe following provisions do not apply in relation to the development application—\nsection 258 (2) (b) ;\nsection 258 (3) , to the extent it refers to the purpose mentioned in section 258 (2) (b) .\nIn this section—\ncommencement means the commencement of this section.\nprescribed development application means a development application made under the repealed Integrated Planning Act 1997 or the Sustainable Planning Act 2009 for which the chief executive is an assessment manager or a referral agency under that Act.\ns 553 ins 2009 No. 47 s 15\namd 2010 No. 13 s 84 sch pt 1\n(sec.553-ssec.1) This section applies to a prescribed development application made— before, and not finally dealt with at, the commencement; or within 6 months after the commencement.\n(sec.553-ssec.2) The following provisions do not apply in relation to the development application— section 258 (2) (b) ; section 258 (3) , to the extent it refers to the purpose mentioned in section 258 (2) (b) .\n(sec.553-ssec.3) In this section— commencement means the commencement of this section. prescribed development application means a development application made under the repealed Integrated Planning Act 1997 or the Sustainable Planning Act 2009 for which the chief executive is an assessment manager or a referral agency under that Act.\n- (a) before, and not finally dealt with at, the commencement; or\n- (b) within 6 months after the commencement.\n- (a) section 258 (2) (b) ;\n- (b) section 258 (3) , to the extent it refers to the purpose mentioned in section 258 (2) (b) .","sortOrder":1058},{"sectionNumber":"sec.554","sectionType":"section","heading":"Application of s 287A to prescribed development applications","content":"### sec.554 Application of s 287A to prescribed development applications\n\nSection 287A does not apply in relation to a prescribed development application made—\nbefore, and not finally dealt with at, the commencement; or\nwithin 6 months after the commencement.\nIn this section—\ncommencement means the commencement of this section.\nprescribed development application means a development application made under the repealed Integrated Planning Act 1997 or the Sustainable Planning Act 2009 for which the Minister or the chief executive is an assessment manager or a referral agency under that Act.\ns 554 ins 2009 No. 47 s 15\namd 2010 No. 13 s 84 sch pt 1\n(sec.554-ssec.1) Section 287A does not apply in relation to a prescribed development application made— before, and not finally dealt with at, the commencement; or within 6 months after the commencement.\n(sec.554-ssec.2) In this section— commencement means the commencement of this section. prescribed development application means a development application made under the repealed Integrated Planning Act 1997 or the Sustainable Planning Act 2009 for which the Minister or the chief executive is an assessment manager or a referral agency under that Act.\n- (a) before, and not finally dealt with at, the commencement; or\n- (b) within 6 months after the commencement.","sortOrder":1059},{"sectionNumber":"sec.555","sectionType":"section","heading":null,"content":"### Section sec.555\n\ns 555 ins 2009 No. 47 s 15\nom 2013 No. 39 s 109 sch 2","sortOrder":1060},{"sectionNumber":"ch.18-pt.14","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2010","content":"# Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2010","sortOrder":1061},{"sectionNumber":"sec.556","sectionType":"section","heading":"Existing applications for approval for road access works","content":"### sec.556 Existing applications for approval for road access works\n\nThis section applies if an application for approval for road access works is made under section 33 or 50 (the relevant section ) before the commencement of this section but is not decided before the commencement.\nThe chief executive must decide, or continue to decide, the application under the relevant section as if this Act had not been amended by the Transport and Other Legislation Amendment Act (No. 2) 2010 .\ns 556 ins 2010 No. 19 s 212\n(sec.556-ssec.1) This section applies if an application for approval for road access works is made under section 33 or 50 (the relevant section ) before the commencement of this section but is not decided before the commencement.\n(sec.556-ssec.2) The chief executive must decide, or continue to decide, the application under the relevant section as if this Act had not been amended by the Transport and Other Legislation Amendment Act (No. 2) 2010 .","sortOrder":1062},{"sectionNumber":"sec.557","sectionType":"section","heading":"Particular applications for approval for road access works","content":"### sec.557 Particular applications for approval for road access works\n\nThis section applies to an application for the chief executive’s approval for the construction, maintenance, operation or conduct of road access works on a State-controlled road that is made—\nafter the commencement of this section; and\npurportedly under section 50 .\nThe application is taken to have been made, and must be dealt with, under section 33 .\ns 557 ins 2010 No. 19 s 212\n(sec.557-ssec.1) This section applies to an application for the chief executive’s approval for the construction, maintenance, operation or conduct of road access works on a State-controlled road that is made— after the commencement of this section; and purportedly under section 50 .\n(sec.557-ssec.2) The application is taken to have been made, and must be dealt with, under section 33 .\n- (a) after the commencement of this section; and\n- (b) purportedly under section 50 .","sortOrder":1063},{"sectionNumber":"sec.558","sectionType":"section","heading":"Effect of change in definition rail transport infrastructure on development applications","content":"### sec.558 Effect of change in definition rail transport infrastructure on development applications\n\nThis section applies to a prescribed development application made—\nbefore, and not finally dealt with at, the commencement; or\nwithin 6 months after the commencement.\nThe Act , as in force immediately before the commencement, applies to the development application as if schedule 6 , definition rail transport infrastructure had not been amended.\nIn this section—\ncommencement means the commencement of this section.\nprescribed development application means a development application for which the chief executive is an assessment manager or a referral agency.\ns 558 ins 2010 No. 19 s 212\n(sec.558-ssec.1) This section applies to a prescribed development application made— before, and not finally dealt with at, the commencement; or within 6 months after the commencement.\n(sec.558-ssec.2) The Act , as in force immediately before the commencement, applies to the development application as if schedule 6 , definition rail transport infrastructure had not been amended.\n(sec.558-ssec.3) In this section— commencement means the commencement of this section. prescribed development application means a development application for which the chief executive is an assessment manager or a referral agency.\n- (a) before, and not finally dealt with at, the commencement; or\n- (b) within 6 months after the commencement.","sortOrder":1064},{"sectionNumber":"ch.21-pt.1","sectionType":"part","heading":"Transitional provision for Motor Accident Insurance and Other Legislation Amendment Act 2010","content":"# Transitional provision for Motor Accident Insurance and Other Legislation Amendment Act 2010","sortOrder":1065},{"sectionNumber":"sec.576","sectionType":"section","heading":"Information to be provided about preserved train paths","content":"### sec.576 Information to be provided about preserved train paths\n\nA railway manager must, within the period mentioned in subsection (2) , give the chief executive a written notice identifying, in a way acceptable to the chief executive, the preserved train paths relating to the railway manager’s railway.\nFor subsection (1) , the period is—\n3 months after the commencement of this section; or\na longer period agreed to by the railway manager and the chief executive.\nIn this section—\npreserved train path see section 266A .\ns 576 ins 2010 No. 32 s 78\n(sec.576-ssec.1) A railway manager must, within the period mentioned in subsection (2) , give the chief executive a written notice identifying, in a way acceptable to the chief executive, the preserved train paths relating to the railway manager’s railway.\n(sec.576-ssec.2) For subsection (1) , the period is— 3 months after the commencement of this section; or a longer period agreed to by the railway manager and the chief executive.\n(sec.576-ssec.3) In this section— preserved train path see section 266A .\n- (a) 3 months after the commencement of this section; or\n- (b) a longer period agreed to by the railway manager and the chief executive.","sortOrder":1066},{"sectionNumber":"ch.21-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1067},{"sectionNumber":"sec.577","sectionType":"section","heading":null,"content":"### Section sec.577\n\ns 577 ins 2010 No. 44 s 219\nom 2013 No. 39 s 109 sch 2","sortOrder":1068},{"sectionNumber":"ch.21-pt.3","sectionType":"part","heading":"Validation and transitional provisions for Transport and Other Legislation Amendment Act 2011","content":"# Validation and transitional provisions for Transport and Other Legislation Amendment Act 2011","sortOrder":1069},{"sectionNumber":"sec.578","sectionType":"section","heading":"Declaration and validation for watercourse crossings","content":"### sec.578 Declaration and validation for watercourse crossings\n\nIt is declared that the chief executive has, and always had, the powers conferred on the chief executive under section 477F .\ns 578 ins 2011 No. 12 s 66","sortOrder":1070},{"sectionNumber":"sec.579","sectionType":"section","heading":"Interfering with railway","content":"### sec.579 Interfering with railway\n\nSection 255 as in force on the commencement of this section applies to an approval sought but not finally decided before the commencement.\ns 579 ins 2011 No. 12 s 66","sortOrder":1071},{"sectionNumber":"sec.580","sectionType":"section","heading":"Interface management","content":"### sec.580 Interface management\n\nA declaration of a light rail interface management area under repealed section 377L that is in effect immediately before the commencement is taken to be a transport interface management area declared under section 475ZI .\nA written notice given under repealed section 377L (2) (a) before the commencement is taken to be a written notice given under 475ZI(2)(a).\nA submission made under repealed section 377L (2) (b) before the commencement is taken to be a submission made under 475ZI(2)(b).\nA light rail interface agreement within the meaning of repealed section 377K that is in force immediately before the commencement is taken to be a transport interface agreement under chapter 15A .\nA preliminary notice given under repealed section 377N (3) before the commencement is taken to be a preliminary notice given under 475ZK(2).\nA written notice given under repealed section 377N (5) before the commencement is taken to be a written notice given under 475ZK(4).\nA direction given under repealed section 377O (2) (b) before the commencement is taken to be a direction given under 475ZL(2)(b).\nA guideline made under repealed section 377P (1) before the commencement is taken to be a guideline made under 475ZM(1).\nIn this section—\ncommencement means commencement of this section.\nrepealed , in relation to a provision of this Act, means the provision as it was in force from time to time before the commencement.\ns 580 ins 2011 No. 12 s 66\n(sec.580-ssec.1) A declaration of a light rail interface management area under repealed section 377L that is in effect immediately before the commencement is taken to be a transport interface management area declared under section 475ZI .\n(sec.580-ssec.2) A written notice given under repealed section 377L (2) (a) before the commencement is taken to be a written notice given under 475ZI(2)(a).\n(sec.580-ssec.3) A submission made under repealed section 377L (2) (b) before the commencement is taken to be a submission made under 475ZI(2)(b).\n(sec.580-ssec.4) A light rail interface agreement within the meaning of repealed section 377K that is in force immediately before the commencement is taken to be a transport interface agreement under chapter 15A .\n(sec.580-ssec.5) A preliminary notice given under repealed section 377N (3) before the commencement is taken to be a preliminary notice given under 475ZK(2).\n(sec.580-ssec.6) A written notice given under repealed section 377N (5) before the commencement is taken to be a written notice given under 475ZK(4).\n(sec.580-ssec.7) A direction given under repealed section 377O (2) (b) before the commencement is taken to be a direction given under 475ZL(2)(b).\n(sec.580-ssec.8) A guideline made under repealed section 377P (1) before the commencement is taken to be a guideline made under 475ZM(1).\n(sec.580-ssec.9) In this section— commencement means commencement of this section. repealed , in relation to a provision of this Act, means the provision as it was in force from time to time before the commencement.","sortOrder":1072},{"sectionNumber":"sec.581","sectionType":"section","heading":"Internal review of approvals for interfering with railway","content":"### sec.581 Internal review of approvals for interfering with railway\n\nThis section applies to a railway manager’s refusal, on or after the commencement of this section, to approve an interference with a railway under section 255 (1) (a) .\nFor section 485 , the refusal is an original decision even if the approval was first sought before the commencement of this section.\ns 581 ins 2011 No. 12 s 66\n(sec.581-ssec.1) This section applies to a railway manager’s refusal, on or after the commencement of this section, to approve an interference with a railway under section 255 (1) (a) .\n(sec.581-ssec.2) For section 485 , the refusal is an original decision even if the approval was first sought before the commencement of this section.","sortOrder":1073},{"sectionNumber":"ch.21-pt.4","sectionType":"part","heading":"Transitional provisions for Transport and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Transport and Other Legislation Amendment Act 2014","sortOrder":1074},{"sectionNumber":"sec.582","sectionType":"section","heading":"Recovery of chief executive’s costs for rail feasibility investigator’s authority","content":"### sec.582 Recovery of chief executive’s costs for rail feasibility investigator’s authority\n\nSection 110 (3) applies to an application for a rail feasibility investigator’s authority that is not decided before the commencement of this section.\ns 582 ins 2014 No. 43 s 53","sortOrder":1075},{"sectionNumber":"ch.21-pt.5","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":1076},{"sectionNumber":"sec.583","sectionType":"section","heading":"Definitions for part","content":"### sec.583 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\ns 583 ins 2016 No. 27 s 599","sortOrder":1077},{"sectionNumber":"sec.584","sectionType":"section","heading":"Existing particular development applications","content":"### sec.584 Existing particular development applications\n\nSubsection (2) applies to an existing development application mentioned in former section 49A .\nFormer section 49A continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (4) applies to an existing development application mentioned in former section 258 (1) .\nFormer section 258 (1) continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (6) applies to an existing development application mentioned in former chapter 8 , part 3C .\nFormer chapter 8 , part 3C continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (8) applies to an existing development application mentioned in former section 287A (1) .\nFormer section 287A continues to apply in relation to the application as if the amending Act had not been enacted.\nIn this section—\nexisting development application means an application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act , section 288 applies.\ns 584 ins 2016 No. 27 s 599\n(sec.584-ssec.1) Subsection (2) applies to an existing development application mentioned in former section 49A .\n(sec.584-ssec.2) Former section 49A continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.584-ssec.3) Subsection (4) applies to an existing development application mentioned in former section 258 (1) .\n(sec.584-ssec.4) Former section 258 (1) continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.584-ssec.5) Subsection (6) applies to an existing development application mentioned in former chapter 8 , part 3C .\n(sec.584-ssec.6) Former chapter 8 , part 3C continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.584-ssec.7) Subsection (8) applies to an existing development application mentioned in former section 287A (1) .\n(sec.584-ssec.8) Former section 287A continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.584-ssec.9) In this section— existing development application means an application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act , section 288 applies.","sortOrder":1078},{"sectionNumber":"sec.585","sectionType":"section","heading":"References to Brisbane port railway land","content":"### sec.585 References to Brisbane port railway land\n\nThis section applies to a reference in a document made before the commencement to Brisbane port railway land if the document defines, or in effect defines, the term ‘Brisbane port railway land’ as having the meaning given in this Act.\nThe reference may, if the context permits, be taken as a reference to Brisbane port railway land as defined in former section 283I .\ns 585 ins 2016 No. 27 s 599\n(sec.585-ssec.1) This section applies to a reference in a document made before the commencement to Brisbane port railway land if the document defines, or in effect defines, the term ‘Brisbane port railway land’ as having the meaning given in this Act.\n(sec.585-ssec.2) The reference may, if the context permits, be taken as a reference to Brisbane port railway land as defined in former section 283I .","sortOrder":1079},{"sectionNumber":"ch.21-pt.6","sectionType":"part","heading":"Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019","content":"# Transitional provisions for Transport Legislation (Road Safety and Other Matters) Amendment Act 2019","sortOrder":1080},{"sectionNumber":"sec.586","sectionType":"section","heading":"Definitions for part","content":"### sec.586 Definitions for part\n\nIn this part—\namending Act means the Transport Legislation (Road Safety and Other Matters) Amendment Act 2019 .\nformer , for a provision, means as in force before the amendment of the provision under the amending Act.\ns 586 ins 2019 No. 25 s 71","sortOrder":1081},{"sectionNumber":"sec.587","sectionType":"section","heading":"Existing applications under former ss 33 and 62","content":"### sec.587 Existing applications under former ss 33 and 62\n\nThis section applies to—\na request for the chief executive’s approval under former section 33 made, but not decided, before the commencement; or\nan application under former section 62(1) made, but not decided, before the commencement.\nSection 105ZQ does not apply to the request or application.\ns 587 ins 2019 No. 25 s 71\n(sec.587-ssec.1) This section applies to— a request for the chief executive’s approval under former section 33 made, but not decided, before the commencement; or an application under former section 62(1) made, but not decided, before the commencement.\n(sec.587-ssec.2) Section 105ZQ does not apply to the request or application.\n- (a) a request for the chief executive’s approval under former section 33 made, but not decided, before the commencement; or\n- (b) an application under former section 62(1) made, but not decided, before the commencement.","sortOrder":1082},{"sectionNumber":"sec.588","sectionType":"section","heading":"Existing requests for approval for ancillary works and encroachments","content":"### sec.588 Existing requests for approval for ancillary works and encroachments\n\nThis section applies if a request for the chief executive’s approval under former section 50 was made but not decided before the commencement.\nThis Act as in force immediately before the commencement continues to apply in relation to the request as if the amending Act had not been enacted.\ns 588 ins 2019 No. 25 s 71\n(sec.588-ssec.1) This section applies if a request for the chief executive’s approval under former section 50 was made but not decided before the commencement.\n(sec.588-ssec.2) This Act as in force immediately before the commencement continues to apply in relation to the request as if the amending Act had not been enacted.","sortOrder":1083},{"sectionNumber":"sec.589","sectionType":"section","heading":"Existing approvals for ancillary works and encroachments","content":"### sec.589 Existing approvals for ancillary works and encroachments\n\nThis section applies to an approval given under former section 50 if, immediately before the commencement, the approval was in force.\nThe approval continues in force as if it had been given under section 50.\nThe approval continues to be subject to the conditions to which the approval was subject immediately before the commencement.\ns 589 ins 2019 No. 25 s 71\n(sec.589-ssec.1) This section applies to an approval given under former section 50 if, immediately before the commencement, the approval was in force.\n(sec.589-ssec.2) The approval continues in force as if it had been given under section 50.\n(sec.589-ssec.3) The approval continues to be subject to the conditions to which the approval was subject immediately before the commencement.","sortOrder":1084},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Subject matter for regulations generally","content":"# Subject matter for regulations generally","sortOrder":1085},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Subject matter for waterway management regulation","content":"# Subject matter for waterway management regulation","sortOrder":1086},{"sectionNumber":"sch.5B-pt.1","sectionType":"part","heading":"Definitions for schedule 5B","content":"# Definitions for schedule 5B","sortOrder":1087},{"sectionNumber":"sch.5B-pt.2","sectionType":"part","heading":"Core port infrastructure","content":"# Core port infrastructure","sortOrder":1088},{"sectionNumber":"sch.5B-pt.3","sectionType":"part","heading":"Port prohibited development","content":"# Port prohibited development","sortOrder":1089},{"sectionNumber":"sch.5B-pt.4","sectionType":"part","heading":"Port related development","content":"# Port related development","sortOrder":1090}],"analysis":{"summary":{"name":"Transport Infrastructure Act 1994","slug":"transport-infrastructure-act-1994","title_id":"qld:act-1994-008","version_id":104761,"analysis_type":"summary","content_quality":"good","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act is a long-running State framework with successive amendments adding busways (Chapter 9), light rail (Chapter 10), the Queensland Rail National regime (Chapter 13), and the Brisbane core port land regime (Chapter 8 Part 3C). The current in-force version retains all of those regimes."},"complexity_factors":["Long Act with chapter numbering that skips and includes large transitional tail","Distinct regulatory regimes for roads, rail, ports, busways, light rail, marine facilities and dangerous goods that share concepts but operate separately","Heavy interaction with Planning Act, Land Act 1994, Government Owned Corporations Act 1993, Queensland Heritage Act 1992","Penalty unit scale varies widely across chapters (10 to 500 penalty units, plus imprisonment for dangerous goods exclusion orders)","Brisbane core port land regime (Chapter 8 Part 3C) is a freestanding planning regime with its own land use plan"],"plain_english_summary":"The Transport Infrastructure Act 1994 (Qld) is the State's framework Act for road, rail, port, busway, light rail, marine, and miscellaneous transport infrastructure. It empowers the chief executive of Queensland Transport and the Minister to plan, declare, manage, and protect transport corridors and assets. The Act runs from Chapter 4 (roads implementation programs) through Chapter 21 (transitional), with substantive operational chapters for roads (Chapters 4 and 6), rail (Chapter 7), ports (Chapter 8), busways (Chapter 9), light rail (Chapter 10), miscellaneous transport infrastructure (Chapter 12), Queensland Rail National (Chapter 13), dangerous goods by rail (Chapter 14), public marine facilities and waterway management (Chapter 15), and a long tail of saving and transitional provisions (Chapters 17, 18, 21).\n\nFor roads, the chief executive declares State-controlled roads and motorways under section 24, and the Act regulates limited access roads (section 54), road access decisions (sections 62 to 70), ancillary works (sections 50 to 52), tollway corridor land (sections 84A to 84D), road franchise agreements (sections 85 to 87), and public utility plant (sections 77 to 83).\n\nFor rail, the Act regulates rail feasibility investigation (sections 109 to 118), rail corridor land and non-rail corridor land (sections 240 to 247), level crossings, interference with railways, and dangerous goods by rail (Chapter 14).\n\nPorts are governed through port authorities (sections 268 to 282), port notices, authorised officers (sections 282K to 283H), and the Brisbane core port land regime (sections 283I to 283ZF). Busways and light rail mirror the road and rail framework but with their own declaration, accreditation, and authorisation regimes.\n\nThe Act creates substantial offences (commonly 200, 100, 40, or 25 penalty units, with up to 500 penalty units or 2 years for serious dangerous goods exclusion order breaches) and confers extensive powers on authorised officers and inspectors."},"kimi_summary":{"_metrics":{"completionTokens":750},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1994 scope. Originally focused on State-controlled roads and basic implementation programs, it now encompasses: (1) complex toll road franchising and State toll road corridor land mechanisms (added 2005); (2) local government tollway frameworks with Ministerial oversight (added 2005, expanded 2006); (3) detailed rail corridor land acquisition and leasing schemes; (4) electronic tolling systems and enforcement; and (5) extensive public utility plant management provisions. The original road-centric Act has become a multi-modal transport infrastructure statute with sophisticated public-private partnership mechanisms."},"complexity_factors":["Extensive cross-referencing between chapters and sections (e.g., sections 62, 62A, 67, 70 forming an interconnected access management scheme)","Multiple overlapping definitions and conditional triggers (e.g., 'State-controlled road', 'limited access road', 'local government tollway corridor land')","Nested exceptions and savings provisions (e.g., section 74 with 6 subsections of compensation exclusions)","Heavy reliance on external Acts (Land Act 1994, Planning Act, Transport Planning and Coordination Act 1994, etc.)","Substantial procedural requirements with time limits (21-day approval periods, 7-day notices, 1-year compensation claim windows)","Parallel but distinct regimes for State toll roads, local government tollways, and franchised roads with similar but not identical provisions","Detailed land tenure mechanics including perpetual leases, subleases, and registration requirements","Conditional logic for when compensation is or isn't payable spanning multiple sections"],"plain_english_summary":"This legislation is the **Transport Infrastructure Act 1994** (Queensland), a comprehensive framework governing how the State plans, builds, manages and funds transport infrastructure—primarily roads and railways.\n\n**What it does:**\n\n- **Strategic planning**: Requires the chief executive to develop annual \"implementation programs\" for roads, rail and other transport infrastructure, setting out projects, budgets and performance targets. These must align with broader \"transport infrastructure strategies\" and be approved by the Minister.\n\n- **State-controlled roads**: Allows the Minister to declare roads as \"State-controlled\" (including motorways), giving the chief executive powers to build, maintain and operate them. It establishes how the State works with local governments on road projects and funding.\n\n- **Limited access roads**: Lets the chief executive restrict property access to major roads for safety reasons, with compensation rights for affected landowners in some circumstances.\n\n- **Toll roads and franchising**: Creates mechanisms for private investment in roads through \"road franchise agreements\" and \"State toll road corridor land\" declarations. Similar frameworks exist for local government tollways.\n\n- **Rail infrastructure**: Provides powers to investigate potential rail corridors, enter land for railway works, and lease/sublease land to railway managers. It excludes certain railways (mining, amusement parks, etc.).\n\n- **Enforcement and offences**: Establishes penalties for unauthorised works on State-controlled roads, toll evasion, and other violations.\n\n**Who it affects:**\n- State government (Minister, chief executive, department)\n- Local governments\n- Road and rail operators\n- Private investors in toll roads\n- Landowners adjacent to transport corridors\n- Drivers (toll payment obligations)\n\n**Why it matters:**\nThis Act underpins Queensland's ability to deliver major transport projects by balancing public planning with private investment, while managing the relationship between State and local government responsibilities for roads."}},"importantCases":[],"_links":{"self":"/api/acts/transport-infrastructure-act-1994","history":"/api/acts/transport-infrastructure-act-1994/history","analysis":"/api/acts/transport-infrastructure-act-1994/analysis","conflicts":"/api/acts/transport-infrastructure-act-1994/conflicts","importantCases":"/api/acts/transport-infrastructure-act-1994/important-cases","documents":"/api/acts/transport-infrastructure-act-1994/documents"}}