Div 2Powers

Division 2—Powers 22—Powers of Minister (1) The Minister has the power to do anything necessary or expedient for, or incidental to, performing the functions of the Minister under this Act. (2) The Minister may, for example— (a) enter into any form of contract or arrangement; (b) appoint agents or engage contractors— (i) to assist the Minister in the performance of any function; or (ii) to carry out a function on the Minister's behalf; (c) engage experts or consultants; (d) acquire, hold, deal with and dispose of real and personal property; (e) grant leases or licences over property of the Minister; (f) provide facilities and amenities for the users of passenger transport services; (g) establish or specify a ticketing system to be used on passenger transport services (or some of those services) within the State; (h) establish places where public passenger vehicles may take up, or set down, passengers; (i) enter into joint ventures; (j) participate in the formation of a partnership or other body; (k) acquire, hold, deal with and dispose of— (i) an interest in a lot under the Community Titles Act 1996 or an interest in a unit under the Strata Titles Act 1988; or (ii) shares in, or securities issued by, a body corporate. (3) The Minister must not, without the concurrence of the Treasurer— (a) exercise a power referred to in subsection (2)(i), (j) or (k); or (b) establish or participate in any other form of scheme or arrangement that involves sharing of profits. (4) If the Minister considers that it is desirable to provide a carpark for the convenience of the users of passenger transport services, the Minister may construct and operate a carpark, or may arrange for the establishment and operation of a carpark by another person. (5) If the Minister considers that it is desirable to make recreational or refreshment facilities or amenities available for the users of passenger transport services, the Minister may provide those facilities or amenities, or may arrange for the provision of those facilities or amenities by another person. (6) The Minister must, in relation to a proposal by the Minister to designate an area as a taxi-stand under this Act— (a) inform the person or authority responsible for the relevant area of the proposal at least 28 days before the proposed designation; and (b) give that person or authority a reasonable opportunity to consult with the Minister in relation to the matter; and (c) ensure that proper consideration is given to the views of that person or authority. (7) If the Minister proposes— (a) that a regular passenger service be operated along a public street or road under a service contract on a regular basis; or (b) that a terminal point or stopping place for a regular passenger service be established on a public street or road, then the Minister must— (c) inform the authority responsible for the maintenance of the street or road of the proposal at least 28 days before the proposed commencement of the service or the establishment of the point or place; and (d) give that authority a reasonable opportunity to consult with the Minister in relation to the matter; and (e) ensure that proper consideration is given to the views of that authority. (8) Subsection (7) is subject to the following qualifications: (a) the 28 day period referred to in that subsection may be shortened in a particular case by agreement between the Minister and the relevant authority; and (b) the Minister is not required to comply with that subsection in a case of emergency, or in any other case where the Minister considers that it is reasonable to act without giving notice under that subsection, but, in such a case, the Minister must provide a report on the matter to the relevant authority within a reasonable time. 23—Acquisition of land The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land— (a) for the establishment, extension or alteration of any facility or other form of infrastructure reasonably required or warranted for the provision or operation of a passenger transport service; or (b) for any other purpose associated with the performance of any function under this Act. 24—Power to carry out works (1) The Minister may carry out such works as the Minister thinks fit in relation to the provision or operation of a passenger transport service. (2) In the exercise of any power under this section, the Minister may— (a) carry out building or structural work; and (b) erect, construct, lay down, make, alter or remove buildings, structures, notices or signs, over, under, along, across, or adjacent to, a public street or road. (3) The Minister must make good any damage to a street or road arising from works carried out under this section. (4) Subject to subsection (5), the Minister must, in relation to a proposal that involves disturbing the surface of a public street or road, or that otherwise relates to a public street or road— (a) inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and (b) give the relevant road maintenance authority a reasonable opportunity to consult with the Minister in relation to the matter; and (c) ensure that proper consideration is given to the views of the road maintenance authority. (5) In a case of emergency the Minister need only comply with subsection (4) to such extent as is practicable in the circumstances.