These laws confine regulation of ‘people mover’ transport systems to existing licensed systems and give the chief executive the central role in approving proposals, making State agreements, issuing licences with detailed operating conditions, setting fees, inspecting systems and enforcing compliance (secs 2,14–20,28–29). Operators and owners pay licensing fees, inspection costs and penalties for breaches and can be required to dismantle or demolish non‑compliant works; licences are time‑limited and transferable only with chief executive approval, with appeals to the Minister (secs 17,20,26–27,22–24,38).
This Act establishes a statutory framework for proposing, constructing, licensing, operating, inspecting and, where necessary, dismantling or demolishing what it calls a people mover system, that is, a fixed-structure transport system for carrying people over and above public land or water in Queensland (defined in s 3). The Act sets out: (a) a pre-construction gate where a proposer must submit a proposal (s 13) and where the chief executive examines and may negotiate and seek further information (s 14); (b) a Governor in Council approval step for a proposal (s 15) and power for the chief executive to enter agreements with proposers on behalf of the State (s 16); (c) a licensing regime that makes operation of a system conditional on a licence issued by the chief executive (ss 17-20), including what a licence may contain (s 18), its duration (s 19), and fees (s 20); (d) controls over the vehicles to be used (s 25), and restrictions on transfer, leasing or encumbrance of licences without prior written approval (ss 21-22); (e) inspection and enforcement powers for the chief executive and authorised officers (ss 28-29), and administrative sanctions including cancellation or suspension of licences (ss 23-24); and (f) powers to require dismantling of unauthorised works or demolition and removal of unused systems (ss 26-27), together with mechanisms for recovery of costs (ss 26(3), 27(4), 38). The Act also deals with easements and property rights in structures erected for such systems (s 32), confers delegated and ministerial direction powers (ss 34-35), provides evidentiary certificates (s 39), and enables regulations including penal provisions (s 40).
Mechanically, the Act centralises decision-making in the chief executive (issue, vary, cancel licences; approve vehicles; set fees; enter agreements), with a role for the Minister and the Governor in Council at key points (recommendation, approval of proposals, power to make orders excluding other Acts (s 31), and an unreviewable final decision-maker for appeals against chief executive cancellation/suspension decisions (s 24)). The Act also gives the chief executive broad operational discretion, including to prescribe licences’ fee forms (fixed, per vehicle, percentage of gross revenue or a combination , s 20), and to determine different fee rates for different licences or parts of systems (s 20(4)).
Current sections
Direct links to the current provisions in State Transport (People Movers) Act 1989.
47
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the State Transport (People Movers) Act 1989 .
s 1 amd 1995 No. 57 s 4 sch 2
sec.2
Operation of Act after commencement of this section
sec.2 Operation of Act after commencement of this section
After the commencement—
this Act has effect only for the purposes of existing systems; and
a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
To remove any doubt, it is declared that, after the commencement—
the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and
this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.
After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.
Despite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.
Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.
In this section—
commencement means the commencement of this section.
existing system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .
s 2 prev s 2 om 5 April 1995 RA s 37
pres s 2 ins 2003 No. 69 s 2 (2) sch
(sec.2-ssec.1) After the commencement— this Act has effect only for the purposes of existing systems; and a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
(sec.2-ssec.2) To remove any doubt, it is declared that, after the commencement— the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act. After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.
(sec.2-ssec.3) Despite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.
(sec.2-ssec.4) Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.
(sec.2-ssec.5) In this section— commencement means the commencement of this section. existing system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .
(a) this Act has effect only for the purposes of existing systems; and
(b) a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
(a) the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and
(b) this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.
sec.3
Interpretation
sec.3 Interpretation
In this Act—
Corporation ...
s 3 def Corporation sub 1990 No. 73 s 3 sch 5
om 1994 No. 43 s 143 sch 3
Commissioner ...
s 3 def Commissioner om 1990 No. 73 s 3 sch 5
Director-General ...
s 3 def Director-General ins 1990 No. 73 s 3 sch 5
om 1995 No. 9 s 92 sch 1
Local Authority ...
s 3 def Local Authority om 5 April 1995 RA s 39
Minister ...
s 3 def Minister sub 1990 No. 73 s 3 sch 5
om 5 April 1995 RA s 39
operator , in relation to a people mover system in respect of which a licence is issued under part 4 , means—
where the licence is not leased to another by the holder thereof—the holder of the licence;
where the licence is leased to another by the holder thereof—the lessee of the licence.
people mover system means a transport system designed and intended for use for the carriage of people by means of a fixed structure on a route that entails carriage over and above public land or water within Queensland other than carriage by—
a railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;
any moving walkway, belt or escalator.
people moving vehicle means a vehicle designed for use in operating a people mover system.
public land means land that is—
Crown land within the meaning of the Land Act 1962 ; or
land dedicated as a road for public use; or
land reserved and set apart under the Land Act 1962 for any public purpose; or
land held by or under the control of—
a local government; or
a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
the proposer means the person who put forward the proposal for a people mover system approved by the Governor in Council under section 15 .
(a) where the licence is not leased to another by the holder thereof—the holder of the licence;
(b) where the licence is leased to another by the holder thereof—the lessee of the licence.
(a) a railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;
(b) any moving walkway, belt or escalator.
(a) Crown land within the meaning of the Land Act 1962 ; or
(b) land dedicated as a road for public use; or
(c) land reserved and set apart under the Land Act 1962 for any public purpose; or
(d) land held by or under the control of— (i) a local government; or (ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
(i) a local government; or
(ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
(i) a local government; or
(ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
pt.II
sec.4
Section sec.4
s 4 amd 1990 No. 73 s 3 sch 5
om 1994 No. 43 s 143 sch 3
sec.5
Section sec.5
s 5 om 1994 No. 43 s 143 sch 3
sec.6
Section sec.6
s 6 om 1994 No. 8 s 132 sch 3
sec.7
Section sec.7
s 7 om 1994 No. 43 s 143 sch 3
sec.8
Section sec.8
s 8 om 1994 No. 43 s 143 sch 3
sec.9
Section sec.9
s 9 om 1994 No. 8 s 132 sch 3
sec.10
Section sec.10
s 10 om 1994 No. 8 s 132 sch 3
sec.11
Section sec.11
s 11 om 1994 No. 8 s 132 sch 3
sec.12
Section sec.12
s 12 om 1994 No. 8 s 132 sch 3
pt.3
Proposals for people mover systems and agreements
Proposals for people mover systems and agreements
sec.13
Submission of proposals
sec.13 Submission of proposals
Any person who proposes to construct a people mover system between 2 or more places shall, before commencing construction, submit his or her proposal to the chief executive.
s 13 amd 1995 No. 9 s 92 sch 1
sec.14
Chief executive’s examination of proposals
sec.14 Chief executive’s examination of proposals
When a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.
For the purpose of its examination the chief executive—
may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and
may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
When the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.
s 14 amd 1995 No. 9 s 92 sch 1
(sec.14-ssec.1) When a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.
(sec.14-ssec.2) For the purpose of its examination the chief executive— may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
(sec.14-ssec.3) When the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.
(a) may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and
(b) may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
sec.15
Governor in Council may approve proposal
sec.15 Governor in Council may approve proposal
The Governor in Council may, on the recommendation of the Minister, approve a proposal for the construction and operation of a people mover system.
sec.16
Making of agreement
sec.16 Making of agreement
The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.
This section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.
s 16 sub 1994 No. 43 s 143 sch 3
(sec.16-ssec.1) The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.
(sec.16-ssec.2) This section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.
pt.4
Provisions governing construction and operation of people mover systems
Provisions governing construction and operation of people mover systems
sec.17
Construction and operation of people mover system
sec.17 Construction and operation of people mover system
After the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof—
shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;
shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
A person who commits an offence referred to in subsection (1) (a) or (b) is liable—
in the case of an individual—
for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
in the case of a body corporate—
for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
s 17 amd 1995 No. 9 s 92 sch 1
(sec.17-ssec.1) After the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof— shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive; shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
(sec.17-ssec.2) A person who commits an offence referred to in subsection (1) (a) or (b) is liable— in the case of an individual— for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; in the case of a body corporate— for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(a) shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;
(b) shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
(a) in the case of an individual— (i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; (ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
(ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(b) in the case of a body corporate— (i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; (ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
(ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
sec.18
Licence
sec.18 Licence
The chief executive may from time to time issue a licence that authorises the operation of a people mover system.
A licence may be issued to authorise the operation of a discrete part of a people mover system as well as the operation of the whole of the system.
A licence shall specify all the conditions on which the people mover system (or part to which the licence relates) is to be operated or on breach of which the licence may be cancelled or suspended.
Without in any way limiting the conditions which may be specified in a licence, conditions may relate to—
amenities and facilities for passengers;
facilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system;
routes and timetables;
the number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles;
the fares to be charged and their manner of collection;
the issue of tickets to passengers and the information to be contained thereon;
the use of any part of the system for a purpose ancillary to the carriage of passengers;
the keeping of records and the making of returns to the chief executive;
the fees payable in respect of the licence and the time and manner of their payment;
the safety of persons using the system;
the maintenance of the system.
A licence shall not be issued to authorise the operation of a people mover system or a part thereof—
where the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and
until the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.
The chief executive may, upon the written request of the holder of the licence or, where it is leased, the lessee, vary, alter or otherwise amend the conditions specified in a licence.
s 18 amd 1995 No. 9 s 92 sch 1
(sec.18-ssec.1) The chief executive may from time to time issue a licence that authorises the operation of a people mover system.
(sec.18-ssec.2) A licence may be issued to authorise the operation of a discrete part of a people mover system as well as the operation of the whole of the system.
(sec.18-ssec.3) A licence shall specify all the conditions on which the people mover system (or part to which the licence relates) is to be operated or on breach of which the licence may be cancelled or suspended.
(sec.18-ssec.3A) Without in any way limiting the conditions which may be specified in a licence, conditions may relate to— amenities and facilities for passengers; facilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system; routes and timetables; the number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles; the fares to be charged and their manner of collection; the issue of tickets to passengers and the information to be contained thereon; the use of any part of the system for a purpose ancillary to the carriage of passengers; the keeping of records and the making of returns to the chief executive; the fees payable in respect of the licence and the time and manner of their payment; the safety of persons using the system; the maintenance of the system.
(sec.18-ssec.4) A licence shall not be issued to authorise the operation of a people mover system or a part thereof— where the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and until the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.
(sec.18-ssec.5) The chief executive may, upon the written request of the holder of the licence or, where it is leased, the lessee, vary, alter or otherwise amend the conditions specified in a licence.
(a) amenities and facilities for passengers;
(b) facilities for housing people moving vehicles and other equipment used in connection with the operation of the people mover system;
(c) routes and timetables;
(d) the number and type of people moving vehicles to be used in operating the system and the equipment on those vehicles;
(e) the fares to be charged and their manner of collection;
(f) the issue of tickets to passengers and the information to be contained thereon;
(g) the use of any part of the system for a purpose ancillary to the carriage of passengers;
(h) the keeping of records and the making of returns to the chief executive;
(i) the fees payable in respect of the licence and the time and manner of their payment;
(j) the safety of persons using the system;
(k) the maintenance of the system.
(a) where the proposal for the system has been approved by the Governor in Council under section 15 —until after the date of practical completion of the system or, as the case may be, the part thereof as provided for in the agreement relating to its construction between the chief executive and the proposer; and
(b) until the chief executive is satisfied that the system or, as the case may be, the part thereof has been shown by practical testing to be safe and complies with the requirements of law relating to its mechanical and structural safety.
sec.19
Period of licence
sec.19 Period of licence
A licence shall take effect on the date of its issue by the chief executive and shall continue to have effect for the period specified therein, not exceeding—
in a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period;
in any other case—25 years;
unless it is duly cancelled or surrendered.
On expiry of a licence the chief executive may issue to the person who, immediately before the expiry, was the holder thereof a further licence.
The holder of a licence may surrender the licence to the chief executive at any time.
s 19 amd 1995 No. 9 s 92 sch 1
(sec.19-ssec.1) A licence shall take effect on the date of its issue by the chief executive and shall continue to have effect for the period specified therein, not exceeding— in a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period; in any other case—25 years; unless it is duly cancelled or surrendered.
(sec.19-ssec.1A) On expiry of a licence the chief executive may issue to the person who, immediately before the expiry, was the holder thereof a further licence.
(sec.19-ssec.2) The holder of a licence may surrender the licence to the chief executive at any time.
(a) in a case where the Governor in Council has approved that the licence may be granted for a period that is in excess of 25 years—that period;
(b) in any other case—25 years;
sec.20
Fees for licences
sec.20 Fees for licences
A licensing fee is payable to the chief executive by the operator of a people mover system in respect of which a licence is issued.
The licensing fee shall, in the discretion of the chief executive, be—
an amount fixed by the chief executive; or
the sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or
an amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or
a combination of the amounts referred to in paragraphs (a) and (c) .
The licensing fee, and any instalment thereof, shall become due and payable to the chief executive at the time and in the manner the chief executive prescribes and any unpaid amount may be recovered by it as a debt due and owing to it by the operator of the people mover system.
Subsections (1) to (3) apply so as to authorise the chief executive to determine differently the amount or rates of the licensing fee payable in respect of different licences and in respect of different parts of the same people mover system and, for that purpose, different parts of the same system as fixed by the chief executive shall each be deemed to be a separate system the operation of which is authorised by a licence.
s 20 amd 1995 No. 9 s 92 sch 1
(sec.20-ssec.1) A licensing fee is payable to the chief executive by the operator of a people mover system in respect of which a licence is issued.
(sec.20-ssec.2) The licensing fee shall, in the discretion of the chief executive, be— an amount fixed by the chief executive; or the sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or an amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or a combination of the amounts referred to in paragraphs (a) and (c) .
(sec.20-ssec.3) The licensing fee, and any instalment thereof, shall become due and payable to the chief executive at the time and in the manner the chief executive prescribes and any unpaid amount may be recovered by it as a debt due and owing to it by the operator of the people mover system.
(sec.20-ssec.4) Subsections (1) to (3) apply so as to authorise the chief executive to determine differently the amount or rates of the licensing fee payable in respect of different licences and in respect of different parts of the same people mover system and, for that purpose, different parts of the same system as fixed by the chief executive shall each be deemed to be a separate system the operation of which is authorised by a licence.
(a) an amount fixed by the chief executive; or
(b) the sum of the amounts fixed by the chief executive for each people moving vehicle used in operating the people mover system; or
(c) an amount per cent as fixed by the chief executive of the gross revenue derived from the operation of the people mover system; or
(d) a combination of the amounts referred to in paragraphs (a) and (c) .
sec.21
Lease or encumbrance of licence
sec.21 Lease or encumbrance of licence
A licence is not capable of being leased or encumbered except with the prior written approval of the chief executive and any purported lease or encumbrance otherwise than with that prior approval is void.
s 21 amd 1995 No. 9 s 92 sch 1
sec.22
Transfer of licence
sec.22 Transfer of licence
A licence is not capable of being transferred except in accordance with this section and any purported transfer otherwise is void.
The chief executive may, upon application by the holder of the licence and the proposed transferee, transfer a licence.
The transfer shall be subject to such conditions as the chief executive determines.
The chief executive may, in its discretion, refuse to transfer a licence and shall refuse if, in the opinion of the chief executive, the transfer would be contrary to, or not desirable in, the public interest.
An application under this section may be made in respect of a discrete part of the people mover system to which the licence relates and the chief executive, if it consents to the transfer as applied for—
shall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and
shall issue a licence in respect of that part of the system to which the transfer relates.
s 22 amd 1995 No. 9 s 92 sch 1
(sec.22-ssec.1) A licence is not capable of being transferred except in accordance with this section and any purported transfer otherwise is void.
(sec.22-ssec.2) The chief executive may, upon application by the holder of the licence and the proposed transferee, transfer a licence.
(sec.22-ssec.3) The transfer shall be subject to such conditions as the chief executive determines.
(sec.22-ssec.4) The chief executive may, in its discretion, refuse to transfer a licence and shall refuse if, in the opinion of the chief executive, the transfer would be contrary to, or not desirable in, the public interest.
(sec.22-ssec.5) An application under this section may be made in respect of a discrete part of the people mover system to which the licence relates and the chief executive, if it consents to the transfer as applied for— shall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and shall issue a licence in respect of that part of the system to which the transfer relates.
(a) shall issue another licence in respect of that part of the system to which the transfer does not relate or vary, alter or amend the existing licence so that it continues in force in respect only of that part of the system to which the transfer does not relate; and
(b) shall issue a licence in respect of that part of the system to which the transfer relates.
sec.23
Cancellation and suspension of licence
sec.23 Cancellation and suspension of licence
If it appears to the chief executive—
that a condition of a licence has been breached; or
that the operator of a people mover system has committed an offence against this Act; and
that it is in the public interest that action be taken under this section;
the chief executive may call upon the holder of the licence and, where the licence is leased to another person, the lessee to show cause to the chief executive, at a time and place specified in the writing, why the licence should not be cancelled.
If at the time and place so specified or to which the hearing may be adjourned cause is not shown to the chief executive’s satisfaction, the chief executive may, by order—
cancel the licence; or
suspend the licence for a period specified in the order.
An order of cancellation or suspension shall not take effect until the expiration of the time limited by section 24 for the institution of an appeal against the chief executive’s decision or, where an appeal is duly instituted, until the final determination of the appeal.
During the period of suspension the suspension of a licence has the same effect as a cancellation of the licence.
s 23 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.23-ssec.1) If it appears to the chief executive— that a condition of a licence has been breached; or that the operator of a people mover system has committed an offence against this Act; and that it is in the public interest that action be taken under this section; the chief executive may call upon the holder of the licence and, where the licence is leased to another person, the lessee to show cause to the chief executive, at a time and place specified in the writing, why the licence should not be cancelled.
(sec.23-ssec.2) If at the time and place so specified or to which the hearing may be adjourned cause is not shown to the chief executive’s satisfaction, the chief executive may, by order— cancel the licence; or suspend the licence for a period specified in the order.
(sec.23-ssec.3) An order of cancellation or suspension shall not take effect until the expiration of the time limited by section 24 for the institution of an appeal against the chief executive’s decision or, where an appeal is duly instituted, until the final determination of the appeal.
(sec.23-ssec.4) During the period of suspension the suspension of a licence has the same effect as a cancellation of the licence.
(a) that a condition of a licence has been breached; or
(b) that the operator of a people mover system has committed an offence against this Act; and
(c) that it is in the public interest that action be taken under this section;
(a) cancel the licence; or
(b) suspend the licence for a period specified in the order.
sec.24
Appeal against chief executive’s decision
sec.24 Appeal against chief executive’s decision
The holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.
Where an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.
The hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may—
confirm the chief executive’s decision; or
overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or
order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.
The decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.
s 24 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.24-ssec.1) The holder or lessee of a licence aggrieved by the chief executive’s decision to cancel or suspend the licence may appeal to the Minister against the decision within 30 days after the day on which the chief executive’s order is made.
(sec.24-ssec.1A) Where an appeal is instituted under subsection (1) the Minister may refer the matter of the appeal to another person or other persons for hearing and determination and if the Minister does so a reference in subsections (2) and (3) to the Minister shall, for the purposes of the appeal, be construed as a reference to that other person or, as the case may be, those other persons.
(sec.24-ssec.2) The hearing by the Minister of an appeal shall be a rehearing on the evidence before the chief executive and on his or her determination of an appeal the Minister may— confirm the chief executive’s decision; or overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.
(sec.24-ssec.3) The decision or order of the Minister on an appeal shall be deemed to be the chief executive’s decision or order in the proceedings to show cause except that the decision or order of the Minister shall not be appealable.
(a) confirm the chief executive’s decision; or
(b) overrule the chief executive’s decision and revoke the chief executive’s order of cancellation or suspension of the licence; or
(c) order the suspension of the licence for a period specified by the Minister in lieu of cancellation of the licence.
sec.25
Approval of people moving vehicles
sec.25 Approval of people moving vehicles
The chief executive may, in respect of any people mover system, approve of the people moving vehicles to be used in operating the system.
An approval under this section may specify the maximum number of passengers that may be carried in the vehicle and may specify the maximum load that may be so carried.
The chief executive, if it considers that such action is necessary or desirable in the public interest, may by its order cancel, or suspend for a period, its approval of a people moving vehicle.
During the period of suspension the suspension of an approval has the same effect as a cancellation of the approval.
The operator of a people mover system shall not use or permit or allow to be used in the operation of the system a people moving vehicle—
that is not approved by the chief executive for use in operating the system; or
otherwise than in accordance with the approval.
s 25 amd 1995 No. 9 s 92 sch 1
(sec.25-ssec.1) The chief executive may, in respect of any people mover system, approve of the people moving vehicles to be used in operating the system.
(sec.25-ssec.1A) An approval under this section may specify the maximum number of passengers that may be carried in the vehicle and may specify the maximum load that may be so carried.
(sec.25-ssec.2) The chief executive, if it considers that such action is necessary or desirable in the public interest, may by its order cancel, or suspend for a period, its approval of a people moving vehicle.
(sec.25-ssec.3) During the period of suspension the suspension of an approval has the same effect as a cancellation of the approval.
(sec.25-ssec.4) The operator of a people mover system shall not use or permit or allow to be used in the operation of the system a people moving vehicle— that is not approved by the chief executive for use in operating the system; or otherwise than in accordance with the approval.
(a) that is not approved by the chief executive for use in operating the system; or
(b) otherwise than in accordance with the approval.
sec.26
Dismantling of contravening structures
sec.26 Dismantling of contravening structures
If any part of a proposed people mover system is found to have been constructed otherwise than in accordance with any agreement made between the chief executive and the proposer the chief executive may, by writing under its official seal, require the proposer to dismantle the part within a time specified in the writing.
If within the time so specified the part has not been dismantled, the chief executive may, with the approval of the Governor in Council first obtained, cause the part to be dismantled and for that purpose may, by its agents and servants—
enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and
do all things necessary to effect the dismantling of the part.
The amount of all expenditure incurred by the chief executive in or in connection with dismantling a part of a people mover system under subsection (2) may be recovered by it from the proposer as a debt due and owing to it by the proposer by action in a court of competent jurisdiction.
s 26 amd 1995 No. 9 s 92 sch 1
(sec.26-ssec.1) If any part of a proposed people mover system is found to have been constructed otherwise than in accordance with any agreement made between the chief executive and the proposer the chief executive may, by writing under its official seal, require the proposer to dismantle the part within a time specified in the writing.
(sec.26-ssec.2) If within the time so specified the part has not been dismantled, the chief executive may, with the approval of the Governor in Council first obtained, cause the part to be dismantled and for that purpose may, by its agents and servants— enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and do all things necessary to effect the dismantling of the part.
(sec.26-ssec.3) The amount of all expenditure incurred by the chief executive in or in connection with dismantling a part of a people mover system under subsection (2) may be recovered by it from the proposer as a debt due and owing to it by the proposer by action in a court of competent jurisdiction.
(a) enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and
(b) do all things necessary to effect the dismantling of the part.
sec.27
Demolition of unused people mover system
sec.27 Demolition of unused people mover system
If at any time a people mover system is no longer in use for the carriage of passengers and, in the chief executive’s opinion, it is not likely to be so used within a reasonable time, the chief executive may, by writing under its official seal, require the person who is then the owner of the system to demolish and remove the system and restore the ground surface to a condition acceptable to the chief executive within a time specified in the writing.
If within the time so specified the chief executive’s requisition has not been complied with, the chief executive may, with the approval of the Governor in Council first obtained, cause the structures of the people mover system to be demolished and the materials resulting from the demolition to be sold or otherwise disposed of as the chief executive considers to be practicable and for those purposes the chief executive may, by its agents and servants—
enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and
do all things necessary to effect the demolition, sale and disposal.
The chief executive is competent to pass good title in the sale or disposal of materials resulting from the demolition.
The proceeds of a sale of materials resulting from demolition shall be applied as follows—
firstly in payment of the expenses of the sale;
secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures;
thirdly in payment of the costs of demolition;
fourthly in payment of any balance to the owner of the structures demolished.
The chief executive may recover by action in a court of competent jurisdiction from the owner of structures demolished under subsection (2) any amount of costs of demolition for which the chief executive has not been recouped from the proceeds of sale of the demolition material, as a debt due and owing to the chief executive by the owner.
s 27 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.27-ssec.1) If at any time a people mover system is no longer in use for the carriage of passengers and, in the chief executive’s opinion, it is not likely to be so used within a reasonable time, the chief executive may, by writing under its official seal, require the person who is then the owner of the system to demolish and remove the system and restore the ground surface to a condition acceptable to the chief executive within a time specified in the writing.
(sec.27-ssec.2) If within the time so specified the chief executive’s requisition has not been complied with, the chief executive may, with the approval of the Governor in Council first obtained, cause the structures of the people mover system to be demolished and the materials resulting from the demolition to be sold or otherwise disposed of as the chief executive considers to be practicable and for those purposes the chief executive may, by its agents and servants— enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and do all things necessary to effect the demolition, sale and disposal.
(sec.27-ssec.2A) The chief executive is competent to pass good title in the sale or disposal of materials resulting from the demolition.
(sec.27-ssec.3) The proceeds of a sale of materials resulting from demolition shall be applied as follows— firstly in payment of the expenses of the sale; secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures; thirdly in payment of the costs of demolition; fourthly in payment of any balance to the owner of the structures demolished.
(sec.27-ssec.4) The chief executive may recover by action in a court of competent jurisdiction from the owner of structures demolished under subsection (2) any amount of costs of demolition for which the chief executive has not been recouped from the proceeds of sale of the demolition material, as a debt due and owing to the chief executive by the owner.
(a) enter on and occupy for as long as is necessary such lands as it is necessary to enter and occupy; and
(b) do all things necessary to effect the demolition, sale and disposal.
(a) firstly in payment of the expenses of the sale;
(b) secondly in payment of creditors of the owner of the structures demolished whose debts are secured on or arose in relation to those structures;
(c) thirdly in payment of the costs of demolition;
(d) fourthly in payment of any balance to the owner of the structures demolished.
sec.28
Entry on site of people mover system
sec.28 Entry on site of people mover system
The chief executive is authorised to—
enter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site;
inspect the site, premises and places;
inspect and test any part of the system;
for the purpose of—
ensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or
ensuring compliance with any conditions of a licence granted in relation to the system.
Any person concerned in the administration of an Act, other than this Act, applicable to any part of a people mover system or to the site occupied or to be occupied by a people mover system or to any premises or place used or to be used in conjunction with the site is authorised to enter on and inspect the site or such premises or place and to inspect and test such part of the system, for the purpose of ensuring compliance with the Act in the administration of which the person is concerned.
Any person—
in charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or
in charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ;
shall facilitate the entry or access sought by such authorised person and the person’s inspection of the site, premises, place or part and the person’s testing of the part.
s 28 amd 1995 No. 9 s 92 sch 1
(sec.28-ssec.1) The chief executive is authorised to— enter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site; inspect the site, premises and places; inspect and test any part of the system; for the purpose of— ensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or ensuring compliance with any conditions of a licence granted in relation to the system.
(sec.28-ssec.2) Any person concerned in the administration of an Act, other than this Act, applicable to any part of a people mover system or to the site occupied or to be occupied by a people mover system or to any premises or place used or to be used in conjunction with the site is authorised to enter on and inspect the site or such premises or place and to inspect and test such part of the system, for the purpose of ensuring compliance with the Act in the administration of which the person is concerned.
(sec.28-ssec.3) Any person— in charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or in charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ; shall facilitate the entry or access sought by such authorised person and the person’s inspection of the site, premises, place or part and the person’s testing of the part.
(a) enter the site occupied or to be occupied by a people mover system and all premises and places used or to be used in conjunction with the site;
(b) inspect the site, premises and places;
(c) inspect and test any part of the system;
(d) ensuring compliance with this Act or any agreement made by the chief executive in relation to the system; or
(e) ensuring compliance with any conditions of a licence granted in relation to the system.
(a) in charge of the site occupied or to be occupied by a people mover system or any premises or place used or to be used in conjunction with the site to which site, premises or place entry is sought by a person authorised by subsection (1) or (2) ; or
(b) in charge of a part of a people mover system to which part access is sought by a person authorised by subsection (1) or (2) ;
sec.29
Notice to operator
sec.29 Notice to operator
The operator of a people mover system shall ensure that the system—
is structurally and mechanically sound; and
is maintained in a safe and serviceable condition; and
is fit for the carriage of passengers.
If a person authorised for the purposes of this section by the chief executive, either generally or in a particular case, (an authorised officer ) is of the opinion that a people mover system or any part thereof—
is not structurally or mechanically sound; or
is not being maintained in a safe and serviceable condition; or
is not fit for the carriage of passengers;
the authorised officer may, by notice in writing given to the operator of the system or the person apparently in charge of the system or part—
require the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and
if the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.
Where the things required by a notice under subsection (2) to be done are done to the satisfaction of an authorised officer, the officer may rescind the direction (if any) that the operator cease operating the system or, as the case may be, a part thereof.
The operator of a people mover system shall comply with a notice under subsection (2) .
s 29 amd 1995 No. 9 s 92 sch 1
(sec.29-ssec.1) The operator of a people mover system shall ensure that the system— is structurally and mechanically sound; and is maintained in a safe and serviceable condition; and is fit for the carriage of passengers.
(sec.29-ssec.2) If a person authorised for the purposes of this section by the chief executive, either generally or in a particular case, (an authorised officer ) is of the opinion that a people mover system or any part thereof— is not structurally or mechanically sound; or is not being maintained in a safe and serviceable condition; or is not fit for the carriage of passengers; the authorised officer may, by notice in writing given to the operator of the system or the person apparently in charge of the system or part— require the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and if the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.
(sec.29-ssec.3) Where the things required by a notice under subsection (2) to be done are done to the satisfaction of an authorised officer, the officer may rescind the direction (if any) that the operator cease operating the system or, as the case may be, a part thereof.
(sec.29-ssec.4) The operator of a people mover system shall comply with a notice under subsection (2) .
(a) is structurally and mechanically sound; and
(b) is maintained in a safe and serviceable condition; and
(c) is fit for the carriage of passengers.
(a) is not structurally or mechanically sound; or
(b) is not being maintained in a safe and serviceable condition; or
(c) is not fit for the carriage of passengers;
(d) require the operator to do such things as are specified in the notice for the purpose of making the system or part structurally or mechanically sound, placing it in a safe and serviceable condition or, as the case may be, making it fit for the carriage of passengers within a time specified in the notice; and
(e) if the authorised officer is of the opinion that it is necessary or desirable in the public interest so to do—direct the operator to cease operating the system or any part thereof until the things required by the notice to be done are done and the direction is rescinded by an authorised officer.
sec.30
Authorised systems not affected by planning schemes
sec.30 Authorised systems not affected by planning schemes
For the purposes of—
the construction of a people mover system in accordance with an agreement made by the chief executive with the proposer; or
the operation of a people mover system under the authority of a licence;
the proposer or the operator of the system is entitled to use land and premises along or adjacent to the route of the system as agreed or authorised and the owners or occupiers of any of such land or premises are entitled to allow the land or premises to be so used notwithstanding the provisions of any planning scheme for the time being in force and applicable to such land or premises.
s 30 amd 1995 No. 9 s 92 sch 1
(a) the construction of a people mover system in accordance with an agreement made by the chief executive with the proposer; or
(b) the operation of a people mover system under the authority of a licence;
sec.31
Exclusion of other Acts
sec.31 Exclusion of other Acts
On the recommendation of the Minister, the Governor in Council may, by order in council, declare that the provisions or specified provisions of an Act (other than this Act) specified in the order shall not apply in respect of the construction or operation of a particular people mover system identified in the order, whereupon for as long as the order remains in force the Act shall be construed as not applying to the system to the extent specified in the order.
sec.32
Easements—ownership of structures
sec.32 Easements—ownership of structures
The proposer and a successor to the proposer in title to a people mover system may acquire and hold an easement over the land of another person for the purposes of the system notwithstanding that the easement is not annexed to or used and enjoyed together with any other land.
A person charged with keeping a register relating to the land shall record in the register particulars of the instrument creating the easement when the instrument is produced to the person for registration.
Structures that support or are used in conjunction with the track of a people mover system and erected by the proposer or a successor to the proposer in title to the system are the property of the proposer or, as the case may be, the proposer’s successor in title, subject to any agreement by him or her to the contrary, notwithstanding that they are affixed to the land of another person.
(sec.32-ssec.1) The proposer and a successor to the proposer in title to a people mover system may acquire and hold an easement over the land of another person for the purposes of the system notwithstanding that the easement is not annexed to or used and enjoyed together with any other land.
(sec.32-ssec.1A) A person charged with keeping a register relating to the land shall record in the register particulars of the instrument creating the easement when the instrument is produced to the person for registration.
(sec.32-ssec.2) Structures that support or are used in conjunction with the track of a people mover system and erected by the proposer or a successor to the proposer in title to the system are the property of the proposer or, as the case may be, the proposer’s successor in title, subject to any agreement by him or her to the contrary, notwithstanding that they are affixed to the land of another person.
sec.33
Special leases over roads
sec.33 Special leases over roads
The power conferred on the Governor in Council by the Land Act 1962 to grant special leases of land reserved and set apart for public purposes includes power to grant such leases in accordance with that Act of land dedicated as a road for public use and with respect to layers and strata below and air space above the surface of such land for the purposes of a people mover system.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.34
Delegation
sec.34 Delegation
The chief executive (the delegant ) may, either generally or otherwise as provided by the instrument of delegation, by writing, delegate—
to any person;
to the holder of an office, specifying its title but not the name of the holder for the time being;
all or any of the delegant’s powers, authorities, functions and duties under this Act, except this power of delegation.
A power, authority, function or duty so delegated, if exercised or discharged by the delegate, shall be exercised or discharged in accordance with the instrument of delegation.
A delegation may be made subject to such terms and conditions as the delegant thinks fit including a requirement that the delegate shall report to the delegant upon the exercise or discharge of the delegated power, authority, function or duty.
The delegant may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as the delegant thinks fit.
A delegation is revocable at the will of the delegant and does not prevent the exercise of any power or authority or the discharge of any function or duty by the delegant.
s 34 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.34-ssec.1) The chief executive (the delegant ) may, either generally or otherwise as provided by the instrument of delegation, by writing, delegate— to any person; to the holder of an office, specifying its title but not the name of the holder for the time being; all or any of the delegant’s powers, authorities, functions and duties under this Act, except this power of delegation.
(sec.34-ssec.2) A power, authority, function or duty so delegated, if exercised or discharged by the delegate, shall be exercised or discharged in accordance with the instrument of delegation.
(sec.34-ssec.3) A delegation may be made subject to such terms and conditions as the delegant thinks fit including a requirement that the delegate shall report to the delegant upon the exercise or discharge of the delegated power, authority, function or duty.
(sec.34-ssec.4) The delegant may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as the delegant thinks fit.
(sec.34-ssec.5) A delegation is revocable at the will of the delegant and does not prevent the exercise of any power or authority or the discharge of any function or duty by the delegant.
(a) to any person;
(b) to the holder of an office, specifying its title but not the name of the holder for the time being;
sec.35
Chief executive subject to Minister’s directions
sec.35 Chief executive subject to Minister’s directions
The chief executive in the discharge of the functions and the exercise of the powers under this Act are subject to the directions of the Minister given in relation to such matters as the Minister in the Minister’s discretion determines.
s 35 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
sec.36
Penalty provision
sec.36 Penalty provision
A person who—
being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or
does anything in contravention of this Act (other than the regulations);
commits an offence against this Act and, if no specific penalty is provided for that offence, is liable—
in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or
in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.
Prosecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case.
A statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary.
In respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period.
However, an offender shall not be punished more than once in respect of any period.
s 36 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(sec.36-ssec.1) A person who— being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or does anything in contravention of this Act (other than the regulations); commits an offence against this Act and, if no specific penalty is provided for that offence, is liable— in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.
(sec.36-ssec.2) Prosecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case.
(sec.36-ssec.3) A statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary.
(sec.36-ssec.4) In respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period.
(sec.36-ssec.5) However, an offender shall not be punished more than once in respect of any period.
(a) being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or
(b) does anything in contravention of this Act (other than the regulations);
(c) in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or
(d) in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.
sec.37
Liability for offence by body corporate
sec.37 Liability for offence by body corporate
Where a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly—
every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and
every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.
This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.
It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence.
(sec.37-ssec.1) Where a body corporate commits an offence against this Act then, without derogating from the Criminal Code , section 7 , each of the following persons shall be deemed to have committed the offence and, notwithstanding the Criminal Code , section 23 , to be criminally responsible for the act or omission concerned therein and may be charged with the offence and punished accordingly— every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.
(sec.37-ssec.2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.
(sec.37-ssec.3) It is a defence to a charge for an offence against this Act brought against a person specified in subsection (1) (a) or (b) to prove that the offence was committed without the person’s consent or connivance and that the person exercised due diligence to prevent the commission of the offence.
(a) every person who at the time the offence is committed was a director or other member of the governing body thereof by whatever name called; and
(b) every person who at the time the offence is committed manages or takes part in the management of the business in Queensland thereof.
sec.38
Recovery of expenses
sec.38 Recovery of expenses
The expenses, or such part thereof as is determined by the chief executive, incurred by the chief executive in respect of any inspection of or test carried out on any part of a people mover system pursuant to section 28 (1) shall be a debt due and owing to the State by—
where a licence is not issued under part 4 in respect of the system or the licence is cancelled—the owner of the system;
where a licence is issued under part 4 in respect of the system, including where the licence is suspended—the operator of the system;
and may be recovered in any court of competent jurisdiction.
s 38 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1
(a) where a licence is not issued under part 4 in respect of the system or the licence is cancelled—the owner of the system;
(b) where a licence is issued under part 4 in respect of the system, including where the licence is suspended—the operator of the system;
sec.39
Evidentiary provisions
sec.39 Evidentiary provisions
A document purporting to be a copy of an agreement made with the chief executive for the purposes of this Act or to be a copy of a licence issued under part 4 , an approval under section 25 or a notice under section 29 and certified under the official seal of the chief executive to be a true copy shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of that agreement, licence, approval or notice.
A certificate under the official seal of the chief executive stating that at any specified time or during a specified period a particular person was or was not the holder or the lessee of a licence issued under part 4 or that a licence under part 4 was or was not in force in relation to a particular people mover system or part thereof or that such licence was cancelled or suspended shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.
A certificate under the official seal of the chief executive stating that the holder or lessee of a licence issued under part 4 was at any specified time or during any specified period required to do any particular act or thing pursuant to section 29 shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.
s 39 amd 1995 No. 9 s 92 sch 1
(sec.39-ssec.1) A document purporting to be a copy of an agreement made with the chief executive for the purposes of this Act or to be a copy of a licence issued under part 4 , an approval under section 25 or a notice under section 29 and certified under the official seal of the chief executive to be a true copy shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of that agreement, licence, approval or notice.
(sec.39-ssec.2) A certificate under the official seal of the chief executive stating that at any specified time or during a specified period a particular person was or was not the holder or the lessee of a licence issued under part 4 or that a licence under part 4 was or was not in force in relation to a particular people mover system or part thereof or that such licence was cancelled or suspended shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.
(sec.39-ssec.3) A certificate under the official seal of the chief executive stating that the holder or lessee of a licence issued under part 4 was at any specified time or during any specified period required to do any particular act or thing pursuant to section 29 shall upon its production in any proceedings be evidence and, in the absence of evidence to the contrary, conclusive evidence of its contents.
sec.40
Regulations
sec.40 Regulations
The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters and things that are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.
The power to regulate includes the power to prohibit.
Regulations may be made—
to apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein;
so as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.
A regulation may impose a penalty for any breach thereof and may impose different penalties in case of successive breaches, but such a penalty shall not exceed 40 penalty units.
A regulation may, where a breach thereof is a continuing breach, impose a daily penalty for the breach not exceeding 4 penalty units.
Without limiting the generality of subsection (1) , regulations may be made for or with respect to any of the matters enumerated in the schedule.
(sec.40-ssec.1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters and things that are necessary or convenient for the administration of this Act or to achieve the objects and purposes of this Act.
(sec.40-ssec.2) The power to regulate includes the power to prohibit.
(sec.40-ssec.3) Regulations may be made— to apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein; so as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.
(sec.40-ssec.4) A regulation may impose a penalty for any breach thereof and may impose different penalties in case of successive breaches, but such a penalty shall not exceed 40 penalty units.
(sec.40-ssec.4A) A regulation may, where a breach thereof is a continuing breach, impose a daily penalty for the breach not exceeding 4 penalty units.
(sec.40-ssec.5) Without limiting the generality of subsection (1) , regulations may be made for or with respect to any of the matters enumerated in the schedule.
(a) to apply generally in respect of all people mover systems or to a particular people mover system or otherwise to be of such general or limited application as is indicated therein;
(b) so as to require any matter to which a regulation relates to be in accordance with a specific requirement of, or direction of, or as approved by, or to the satisfaction of, a specified person or body or class of person or body.
pt.6
Transitional provision
Transitional provision
sec.41
State Transport (People-movers) Act 1989 references
sec.41 State Transport (People-movers) Act 1989 references
In an Act or document, a reference to the State Transport (People-movers) Act 1989 is a reference to this Act.
s 41 ins 1995 No. 57 s 4 sch 2
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the State Transport (People Movers) Act 1989 .
s 1 amd 1995 No. 57 s 4 sch 2
sec.2 Operation of Act after commencement of this section
sec.2 Operation of Act after commencement of this section
After the commencement—
this Act has effect only for the purposes of existing systems; and
a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
To remove any doubt, it is declared that, after the commencement—
the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and
this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.
After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.
Despite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.
Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.
In this section—
commencement means the commencement of this section.
existing system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .
s 2 prev s 2 om 5 April 1995 RA s 37
pres s 2 ins 2003 No. 69 s 2 (2) sch
(sec.2-ssec.1) After the commencement— this Act has effect only for the purposes of existing systems; and a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
(sec.2-ssec.2) To remove any doubt, it is declared that, after the commencement— the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act. After the commencement, a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. This Act will not be relevant.
(sec.2-ssec.3) Despite subsection (1) (a) , the chief executive must not act under section 19 (1A) to issue a further licence to any person.
(sec.2-ssec.4) Subsection (3) does not prevent the renewal of a licence in accordance with the provisions of the licence.
(sec.2-ssec.5) In this section— commencement means the commencement of this section. existing system means a people mover system that, immediately before the commencement, was in operation under a licence under part 4 .
Important qualification in the current text: section 2, as drafted and annotated in the Act, narrows the Act’s contemporary territorial application by declaring that, after the commencement of that section, the Act applies only for the purposes of existing systems (defined in s 2) and that the chief executive must not enter into agreements under Part 3 or issue further licences under s 19(1A) (s 2). That changes how the rest of the machinery will be used in practice: much of the licensing and proposal gatekeeping machinery remains on the books but is, according to s 2, limited to systems that were licenced and operating under this Act immediately before the commencement of that section.
The Act is primarily administrative and regulatory rather than criminal law in character, but it carries significant civil and penal consequences for non‑compliance (see ss 17, 36, 37). It also creates property-related mechanisms (easements, ownership of structures) that operate against third parties (s 32) and provides for exclusion of planning or other statutory controls by order in council in specified cases (s 31).
Main concepts
Definitions and the doctrinal building blocks are concentrated in Part 1 (notably s 3) and scattered in Part 4. Core definitional concepts in the Act that shape rights and duties are:
people mover system (s 3). The statutory phrase covers a transport system designed and intended to carry people by means of a fixed structure on a route that entails carriage over and above public land or water within Queensland, but expressly excludes conventional railways within the Transport Infrastructure (Railways) Act 1991 and excludes moving walkways, belts or escalators. That exclusion draws a line between this specialised regime and the railway and other infrastructure regimes referenced elsewhere.
proposer (s 3). The person who puts forward the proposal approved by the Governor in Council under s 15. The proposer has special entitlements and burdens: the right to enter into an agreement with the chief executive (s 16), and the ability to acquire easements and ownership of supporting structures (s 32), but also obligations under agreements and liability for dismantling if works are carried out contrary to agreement (s 26).
operator (s 3). The operator is defined for any licensed system as the licence holder, or if the licence is leased, the lessee. Many duties and fees fall on the operator (see ss 17, 20, 29, 38).
people moving vehicle (s 3). Vehicles designed for use in operating a people mover system; their use must be approved by the chief executive (s 25).
public land (s 3). A broad construct including Crown land, roads and land reserved under the Land Act 1962 and land held by/under control of a local government or certain state bodies. This matters for easements, entry and occupation powers (ss 26, 27, 32, 33).
Framework concepts and mechanisms:
Proposal gate and approval chain: A proposer must submit a proposal before construction (s 13). The chief executive examines and may negotiate and require information (s 14). If the chief executive finds a proposal acceptable it recommends approval to the Minister and the Governor in Council may approve (s 15). The chief executive may then enter an agreement for construction and operation for the State (s 16). Note s 2’s limitation on entering agreements after its commencement.
Licensing regime: After three months from the Act’s commencement, construction must be pursuant to an agreement with the chief executive and operation for carriage of passengers is permitted only under a chief executive licence (s 17). Licences specify conditions (s 18), cannot be transferred or leased without prior written approval (ss 21, 22), and have a maximum duration ordinarily of 25 years unless the Governor in Council approved a longer term (s 19).
Regulatory discretion: The chief executive may set licence conditions across technical, commercial and safety topics including fares, timetables, vehicle types, records and fees (s 18(3A)); may set licensing fees using a variety of bases including percentage of gross revenue (s 20); and may approve specific vehicle types and set passenger/load limits (s 25).
Enforcement and remediation: Inspections and testing by the chief executive and authorised officers are authorised (s 28); authorised officers can issue notices requiring remedial works and can direct operations to cease pending compliance (s 29); the chief executive can require dismantling or cause dismantling of non-compliant works (s 26) and can require demolition where a system is unused (s 27). The chief executive can recover associated costs from proposers/owners/operators (ss 26(3), 27(4), 38).
Delegation and ministerial oversight: The chief executive’s powers may be delegated (s 34) and the chief executive is subject to directions of the Minister in relation to matters the Minister decides (s 35). Appeals from a chief executive’s cancellation or suspension decision run to the Minister (s 24) and that decision is final and not further appealable.
Property and land rights: The proposer or successor may acquire easements even where not annexed to other land (s 32(1)); structures supporting or used with track erected by the proposer are the proposer’s property even if affixed to another person’s land (s 32(2)); the Land Act powers for special leases over roads extend to layers/strata above and below the surface for people mover systems (s 33).
Regulatory reach and exclusions: The Governor in Council may, by order, declare that specified provisions of other Acts do not apply to the construction or operation of a particular people mover system (s 31). For authorised construction or operation under an agreement/licence, planning schemes do not prevent use of land along the route as agreed (s 30).
These concepts establish a tightly controlled, licence-and-agreement based regime with substantial executive discretion across technical, commercial and land-use domains.
Who it affects
Primary persons and entities affected are set out in the Act’s terms and duties.
Proposers (s 3). The person who advances a proposal is the starting point. They must submit proposals prior to construction (s 13), will be subject to chief executive examination and requests for information (s 14), and will be the party negotiating an agreement with the chief executive on the building and operation of the system (s 16). Proposers can acquire easements and own structures they erect (s 32), but they are also liable for dismantling where structures are built contrary to agreement (s 26) and for costs if the chief executive effects dismantling or demolition (ss 26(3), 27(4)).
Operators and licence-holders (ss 3, 17-20, 25, 29). The operator (licence holder or lessee if leased) must operate only under a licence (s 17); ensure structural and mechanical soundness and maintenance and fitness for carriage of passengers (s 29); pay licensing fees as prescribed (s 20); obtain chief executive approval for people moving vehicles and comply with conditions of such approvals (s 25); and must not lease, encumber, transfer or otherwise deal with a licence without prior chief executive approval (ss 21-22). Operators are liable for unpaid licensing fees as debts recoverable by the chief executive (s 20(3)) and for recovery of inspection costs (s 38).
Owners (ss 26, 27, 32). Owners of systems or structures (which in many cases will be the proposer or successor) may be required to demolish and remove unused systems and restore the site if the chief executive deems the system unlikely to be used (s 27). Owners may also be the recovery target for expenses if licences are not issued or are cancelled (s 38).
Chief executive (Part 3-5). The chief executive is the central decision-maker: examines proposals (s 14), negotiates agreements (s 16), issues licences and conditions (ss 17-19), prescribes fees (s 20), approves vehicles (s 25), inspects and tests (s 28), gives remedial notices and directions to cease operating (s 29), and can require dismantling/demolition (ss 26-27). The chief executive may delegate functions (s 34) and is subject to Minister directions (s 35).
Minister and Governor in Council (ss 14-16, 23-24, 31). The Minister receives recommendations and makes referrals to the Governor in Council (s 14-15), may hear or refer appeals from chief executive cancellation/suspension decisions (s 24), and Government in Council may approve proposals (s 15) and declare that specified provisions of other Acts do not apply to a system (s 31). The Governor in Council’s approval also has property and lease implications in relation to the Land Act powers (s 33).
Local authorities and landholders (s 3, s 30-33). Public land and land held by local governments are within the Act’s ambit (s 3). The Act permits use of land along or adjacent to routes as agreed or authorised (s 30). Landholders may be subject to easements acquired by proposers and must permit structures to be affixed; registration of easements is provided for (s 32).
Directors and managers of bodies corporate (s 37). Where a body corporate commits an offence under the Act, directors and those managing or participating in management are deemed to have committed the offence and may be charged and punished, subject to the available defence of due diligence (s 37).
Authorised officers and persons administering other Acts (ss 28-29). The Act authorises specified persons to enter and inspect sites, premises and parts of the system in the administration of this Act and of other applicable Acts (s 28). Operators and persons in charge of sites must facilitate these entries (s 28(3)).
The public (s 18, s 29). Passenger safety is a statutory concern: licence conditions can be directed to safety and maintenance (s 18(3A)(j)), and authorised officers can require cessation of operations where systems are not safe (s 29). Passengers pay fares set under licence conditions (s 18(3A)(e)), which affects price outcomes.
A critical note from the Act text (s 2): following the commencement of that section the Act applies only in relation to existing systems that were operating under licences immediately before that commencement. For persons proposing new systems after that commencement, the Act (as drafted) expressly declares the chief executive must not enter agreements under Part 3 nor issue further licences under s 19(1A), and construction/operation of new systems must proceed under other planning and infrastructure laws such as the Integrated Planning Act 1997 (s 2). That materially narrows the pool of affected proposers and operators to previous licence-holders and existing systems.
Key duties and rights
The Act creates a set of statutory duties, powers and correlative rights allocated mainly between proposers, operators (licence-holders), the chief executive, the Minister and the Governor in Council. Important duties and rights, with the statutory source, are:
Duties on proposers and operators
Submit a proposal before commencing construction (s 13). Failure to do so would engage the construction/operation prohibition in s 17.
Provide information and negotiate with the chief executive during examination (s 14(2)). The chief executive may require funding and other details for evaluation.
Build only pursuant to an agreement entered into with the chief executive once the Act’s post-commencement construction prohibition applies (s 17(1)(a)).
Operate only under and in accordance with a licence issued by the chief executive (s 17(1)(b)); ensure the system is structurally and mechanically sound, maintained in safe and serviceable condition, and fit for carriage of passengers (s 29(1)).
Comply with remedial notices and cease-operation directions issued by authorised officers where the system is unsafe or unfit (s 29(2)-(4)). Non-compliance is an offence and a ground for enforcement actions including cancellation/suspension (see s 23).
Pay licensing fees as prescribed by the chief executive; fees may be fixed, per vehicle, a percentage of gross revenue, or a combination (s 20(2)); unpaid fees are recoverable as a debt (s 20(3)).
Obtain chief executive approval for the people moving vehicles to be used, including any passenger or load caps in those approvals (s 25(1)-(1A)).
Facilitate entry, inspection and testing by the chief executive and authorised officers (s 28(3)).
Duties and powers of the chief executive
Examine proposals and negotiate; require further information including funding arrangements (s 14(1)-(2)).
Recommend acceptable proposals to the Minister and, subject to Governor in Council approval, enter agreements for construction and operation on behalf of the State (ss 14-16).
Issue licences, specify comprehensive conditions covering facilities, equipment, vehicle types, fares, records, safety and maintenance (s 18(1)-(3A)); refuse or impose conditions on transfers (s 22).
Set licensing fee structure and rates, and determine different fees for different licences or parts of a system (s 20(2), (4)).
Approve vehicle types and cancel or suspend approvals (s 25).
Call for show-cause and cancel or suspend licences where conditions are breached or offences committed and it is in the public interest to act (s 23); cancellation/suspension orders are stayed until appeal time expires or appeal is exhausted (s 23(3)).
Inspect, test and enter sites and related premises for compliance (s 28).
Require dismantling of parts constructed contrary to agreement (s 26), and require demolition/ removal of unused systems (s 27), subject in both cases to Governor in Council approval for the chief executive to act directly.
Recover expenses/demolition costs and inspection costs as debts (ss 26(3), 27(4), 38).
Delegate powers (s 34), subject to ministerial directions (s 35).
Rights and procedural protections
Licence applicants/holders have statutory procedures for show‑cause hearings before cancellation or suspension (s 23(1)) and an appeal right to the Minister within 30 days (s 24(1)). The Minister may rehear and confirm, overrule, or substitute suspension for cancellation (s 24(2)-(3)). The Minister’s determination is final and not further appealable (s 24(3)).
A person charged under the corporate liability provisions (s 37) has a statutory defence if they prove the offence was without their consent or connivance and that they exercised due diligence to prevent the offence (s 37(3)).
Certificates and copies certified under the chief executive’s seal are conclusive evidence in proceedings in the absence of contrary evidence (s 39), which streamlines enforcement but also shifts evidentiary weight to administrative records.
Rights in land and property
The proposer/successor may acquire and hold easements over another person’s land for the system’s purposes even if the easement is not annexed to other land (s 32(1)); registration of the instrument creating the easement is required to be recorded in the land register (s 32(1A)).
Structures supporting or used with the track erected by the proposer are the proposer’s property even if affixed to another’s land, subject to agreements to the contrary (s 32(2)). That confers a property right in infrastructure affixed to third-party land.
Regulatory reach and limiters
The Governor in Council may by order state that specified provisions of other Acts do not apply in respect of the construction or operation of a given people mover system (s 31). That right can exclude statutory constraints otherwise in force.
For the purposes of an authorised agreement/licence, planning schemes do not block use of land and premises along the route as agreed (s 30).
Criminal and penal features
Construction or operation without the required agreement/licence is an offence under s 17(1) carrying significant penalty unit sanctions for individuals and corporations and potential daily penalties for continuing offences (s 17(2)).
The Act contains a general penalty provision for offences or requirements under the Act where no specific penalty is given (s 36), and provides for corporate officer liability (s 37).
Collectively, the Act places primary compliance burdens on proposers and operators, centralises technical, commercial and land-use decision-making with the chief executive and the Governor in Council, and establishes a structured but discretionary administrative enforcement regime with statutory protections for procedural fairness via show-cause and appeal to the Minister.
Penalties and enforcement
The Act combines administrative remedies, civil recovery mechanisms and criminal penalties. It allocates investigatory, remedial and sanctioning powers mainly to the chief executive and authorised officers, and creates liability for bodies corporate and individuals. Key enforcement tools and penalty structures are:
Criminal/penal sanctions
Construction or operation without agreement/licence is an offence (s 17(1)(a)-(b)). The statutory penalties for those offences (s 17(2)) are tiered by offender type and repeat offending: for individuals, 100 penalty units for a first offence and 200 penalty units for a subsequent offence, with daily penalties of 10 and 20 penalty units respectively for continuing offences; for bodies corporate, 200 penalty units for a first offence and 400 penalty units for subsequent offences, with daily penalties of 20 and 40 penalty units respectively for continuing offences. The Act dates show the penalty unit structure as the chosen mechanism rather than fixed dollar amounts.
Section 36 provides a catch‑all penalty for contraventions or failures to comply with the Act where no specific penalty is prescribed. The fallback penalties mirror s 17’s scale: individuals 100 penalty units (plus daily 10 units for continuing breaches) and bodies corporate 200 penalty units (plus daily 20 units). Prosecutions for offences under the Act are to be brought summarily on the complaint of the chief executive or an authorised person (s 36(2)).
Regulations may impose penalties up to a statutory ceiling: a regulation may impose a penalty not exceeding 40 penalty units and, for continuing breaches, a daily penalty not exceeding 4 penalty units (s 40(4)-(4A)). That provides the executive with secondary enforcement options under regulation-making power.
Administrative enforcement and remedial powers
Authorised officers can issue written notices requiring the operator to undertake specified remedial work within a specified time where parts of a system are not structurally/mechanically sound or not being maintained or are unfit for passenger carriage (s 29(2)). An authorised officer can also direct the operator to cease operations until remedial action is completed and the direction rescinded (s 29(2)(b)-(3)). The operator must comply with such notices (s 29(4)).
For breaches of licence conditions or offences under the Act, the chief executive may initiate a show-cause process, and, if satisfied, cancel or suspend the licence (s 23(1)-(2)). Cancellation/suspension orders do not take effect until the period allowed for appeal (s 24) has expired or any appeal is finally determined (s 23(3)). Suspension has the same legal effect as cancellation during the suspension period (s 23(4)).
Appeals from chief executive cancellation/suspension decisions lie to the Minister within 30 days (s 24(1)); the Minister may rehear or refer the appeal for determination by others (s 24(1)-(2)); and the Minister may confirm, overrule or substitute a suspension for cancellation (s 24(2)). The Minister’s decision is final and not appealable (s 24(3)).
Civil recovery and cost recoupment
Unpaid licensing fees may be recovered as debts due to the chief executive (s 20(3)). The chief executive may determine the form of fees (fixed, per vehicle, percentage of gross revenue, or combination) and may differentiate fees between licences or parts of the same system (s 20(2), (4)).
If the chief executive dismantles parts constructed otherwise than in accordance with agreement, expenses incurred can be recovered from the proposer as a debt (s 26(3)). Similarly, if the chief executive effects demolition and sale of materials for unused systems, proceeds are applied in a statutory order and any residual costs may be recovered from the owner (s 27(2)-(4)).
Inspection and testing costs incurred under s 28 may be recovered as a debt from the owner where no licence is issued or from the operator where a licence is issued (s 38).
Corporate and personal liability
Section 37 deems, for offences by a body corporate under the Act, that each director and each person who manages or takes part in the management of the business at the time of the offence shall be deemed to have committed the offence and may be charged and punished accordingly, subject to the defence that the person proves the offence was committed without their consent or connivance and that they exercised due diligence to prevent its commission (s 37(3)). That provision modifies common law corporate liability rules in favour of personal responsibility for officers and managers.
Procedural and evidentiary facilitation
The Act provides for certificates and certified copies under the official seal of the chief executive to be conclusive evidence of agreements, licences, approvals, notices and licence-holder status in proceedings unless contrary evidence is adduced (s 39). That facilitates enforcement by reducing evidentiary frictions.
Entry and inspection rights
The chief executive and persons administering other Acts (where applicable) may enter and inspect sites and premises used or to be used in conjunction with a people mover system and may inspect and test parts of the system for compliance (s 28). Persons in charge of sites must facilitate such entry and testing (s 28(3)). Failure to facilitate could attract penalty provisions under s 36.
Limits and safeguards
The Act contains formal show-cause and appeal procedures before cancellation or suspension becomes effective (ss 23-24), and allows for ministerial rehearing,though the Minister’s decision is final. The Act also provides a statutory defence for corporate officers in limited circumstances (s 37(3)).
In short, enforcement combines criminal penalties, administrative licence-based sanctions (suspension, cancellation), civil debt recovery and cost-recovery mechanisms, with investigatory and remedial powers to secure safety and regulatory compliance. The chief executive controls most enforcement levers with the Minister providing appellate oversight subject to finality of ministerial decisions.
How it interacts with other laws
The Act contains multiple express cross-references and mechanisms to displace or dovetail with other statutory regimes. These interactions are both permissive and exclusionary.
Express exclusions and cross-references
Railways: The statutory definition (s 3) explicitly excludes “a railway within the meaning of the Transport Infrastructure (Railways) Act 1991.” That exclusion carves out conventional railway infrastructure from this people mover regime and positions railways under the Transport Infrastructure (Railways) Act rather than this Act.
Land Act and Land registration: The definition of public land (s 3) references the Land Act 1962 for Crown land and land reserved for public purposes; s 33 uses the Land Act 1962 power to grant special leases of land reserved for public purposes to also apply to land dedicated as road for public use and to layers/strata above and below the surface for people mover systems. Section 32 requires particulars of instruments creating easements to be recorded by the person charged with keeping the land register, linking easement creation to land registration practices under the Land Act and land title system.
Transport Planning and Coordination Act 1994: Section 16, which allows the chief executive to enter into agreements for construction and operation, says expressly that the section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act. That preserves overlap and concurrent jurisdiction with transport planning legislation.
Integrated Planning Act 1997 and planning law: Section 2 contains a direction that after the commencement of that section, the Act will not apply to construction or operation of a people mover system other than for existing systems and that a people mover system could be constructed and operated under the authority of the Integrated Planning Act 1997 and other relevant law. Section 30 separately provides that for construction under an agreement or operation under a licence, the proposer or operator is entitled to use land along or adjacent to the route as agreed notwithstanding provisions of any planning scheme. These two provisions create a tension in operation by (a) exempting authorised systems from local planning schemes (s 30) and (b) limiting the Act’s application post-commencement to existing systems and encouraging new systems to be developed under integrated planning legislation (s 2).
Orders excluding other Acts: Section 31 enables the Governor in Council, on the Minister’s recommendation, to declare that specified provisions of another Act shall not apply in respect of the construction or operation of a particular people mover system identified in the order, for so long as the order remains in force. That is an explicit power to displace other statutory controls in respect of particular systems.
Criminal Code: Section 37 cross-references the Criminal Code (sections 7 and 23) when creating personal criminal liability for directors and managers in respect of corporate offences under this Act. The section says it operates without derogating from the Criminal Code and then modifies procedural consequences as to who may be charged for corporate offences.
Operational interfaces and practical effects
Planning schemes vs authorised uses: Section 30 gives proposers/operators contractualised or licenced rights to use land along or adjacent to routes despite local planning schemes. Where an agreement/licence exists under this Act, that can allow use inconsistent with local planning controls.
Licensing vs other regulatory approvals: The Act requires chief executive licensing and approvals for vehicle types and operation (ss 18, 25). However, section 16’s saving clause preserves other statutory powers and does not exclude the need to comply with other Acts where applicable. Section 31 enables temporary or bespoke statutory exclusions; otherwise obligations under other Acts may remain relevant.
Property law interface: Section 32’s provision that structures erected by the proposer and supporting track remain the proposer’s property even when affixed to another’s land modifies expectations under ordinary property law about fixtures and ownership, subject to agreement. The creation and registration of easements (s 32(1), (1A)) interfaces with land title registration regimes.
Administrative law and ministerial direction: The chief executive’s exercise of powers is subject to Ministerial directions (s 35), and decisions to cancel or suspend licences can be reviewed by the Minister (s 24). That situates administrative decision-making within ministerial accountability channels and may intersect with judicial review principles (not referenced in the Act).
Recovery and civil processes: Debts for unpaid fees, inspection/demolition/dismantling costs (ss 20(3), 26(3), 27(4), 38) are enforceable by action in a court of competent jurisdiction, integrating the Act’s enforcement with ordinary civil debt recovery processes.
Limits signalled by section 2
Section 2 changes the practical interaction with other laws by directing that, after its commencement, this Act applies only to existing systems, and new systems should be constructed and operated under Integrated Planning Act 1997 and other relevant law. Thus, for new systems, developers should expect that the primary legal interface will be with planning and infrastructure statutes rather than this Act, unless the Governor in Council or the Minister activates the Act’s mechanisms for a specific project.
Regulatory gap and enabling regulation
The Act authorises the Governor in Council to make regulations for all matters necessary for administration and to impose penalties for breaches (s 40). Regulations may require matters to be in accordance with specific directions or approvals of specified persons or bodies (s 40(3)). That regulatory power creates scope for operational interaction with other legislative regimes through regulation-making, subject to the limits of the Act.
In sum, the Act is designed to operate alongside and sometimes displace other statutory regimes: it preserves and references the Land Act and other transport planning statutes, empowers the Governor in Council to exclude other Acts in particular cases (s 31), and creates permitted uses overriding planning schemes for authorised systems (s 30). Section 2 importantly limits the Act’s application to existing systems and points new development towards integrated planning legislation.
Amendment history
The Act’s text as provided contains recorded amendment and omission annotations that indicate legislative changes at particular points in time. All amendment claims here are drawn from the annotations embedded in the text.
Key annotations and the sections affected:
Section 1 (short title): Annotated as "s 1 amd 1995 No. 57 s 4 sch 2". That indicates an amendment to the short title provision in 1995 (1995 No. 57, section 4, schedule 2).
Section 2 (operation after commencement): The annotations read: "s 2 prev s 2 om 5 April 1995 RA s 37 pres s 2 ins 2003 No. 69 s 2(2) sch". This documents a deletion/omission of a previous version of s 2 on 5 April 1995 and a present s 2 being inserted later (2003 No. 69). The text of s 2 as current includes several specific declaratory rules limiting the Act’s operation to existing systems and prohibiting the chief executive from entering into Part 3 agreements or issuing further licences under s 19(1A) after commencement (s 2(1)-(4)).
Sections with "amd 1995 No. 9 s 92 sch 1" annotations: Multiple substantive provisions bear this amendment stamp, including ss 13, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40. The repeated "amd 1995 No. 9 s 92 sch 1" indicates that schedule 1 to the 1995 No. 9 Act made widespread amendments across these provisions (section 92 and schedule 1 of that amending Act).
Sections with earlier amendment/omission annotations: Several sections include notes such as "s 3 def Corporation sub 1990 No. 73 s 3 sch 5", "s 3 def Commissioner om 1990 No. 73 s 3 sch 5", "s 3 def Director-General ins 1990 No. 73 s 3 sch 5 om 1995 No. 9 s 92 sch 1", and other notes referencing 1990 and 1994 amending instruments (e.g., "om 1994 No. 43 s 143 sch 3", "om 1994 No. 8 s 132 sch 3"). These indicate definitional and structural changes at various times in 1990, 1994 and 1995.
Section 2 also shows a "pres s 2 ins 2003 No. 69 s 2(2) sch" entry indicating that the present version of s 2 was inserted by the 2003 No. 69 Act (section 2(2) schedule). That insertion contains the contemporary limitation to existing systems and the prohibition on entering new Part 3 agreements.
Section 27 and other sections show amendment stamps "amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1", confirming they were amended in 1990 and again in 1995 by the instruments identified.
Section 41 (transitional provision) carries "s 41 ins 1995 No. 57 s 4 sch 2" indicating insertion in 1995.
The pattern in the annotations is: initial Act in 1989 (short title indicates 1989), amendments in 1990 to definitions and delegation materials, multiple amendments in 1994/1995 (with 1995 No. 9 s 92 sch 1 referenced repeatedly across Part 3-6), and a later insertion of the present s 2 in 2003 (2003 No. 69). The text records omissions of some older provisions (e.g., “prev s 2 om 5 April 1995”) and later reinsertions or replacements.
What the annotations show functionally:
There were substantial mid-1990s consolidating amendments across many operational provisions (licensing, enforcement, definitions and procedures).
The present limitation in s 2 that narrows the Act’s scope to existing systems post-commencement is a later, explicit insertion (2003) that materially affects the practical reach of the Act.
The schedule and section references in the annotations are the statutory trail for each amendment and should be consulted directly for legislative history if primary-source verification is required.
Practical note: This summary is limited to the amendment indicators embedded in the provided Act text. For a complete, authoritative legislative history one would need to consult the Queensland statute revisions, parliamentary records and the amending Acts themselves (e.g., the instruments cited in the annotations such as 1990 No. 73, 1994 No. 43, 1995 No. 9, 1995 No. 57 and 2003 No. 69) to see the exact text changes and the parliamentary context. The annotations in the Act text are the only source used here.
Litigation history
The statute text provided does not contain any case law, judicial decisions or named litigation. It also does not contain references to specific judicial interpretations or examples of how courts have applied its provisions. There are no cases mentioned in the Act’s text or annotations supplied.
Operationally, the Act creates numerous legal hooks that plausibly could generate litigation: contested cancellations or suspensions of licences (ss 23-24), disputes over licence transfers or the chief executive’s exercise of discretion (ss 21-22), recovery actions for unpaid fees and costs (ss 20, 26-27, 38), enforcement of easements and ownership of structures (s 32), and prosecutions under s 17 and s 36. The Act’s evidentiary certificate provisions (s 39) could also produce litigation about whether the “absence of evidence to the contrary” has been overcome. Moreover, s 37’s personal criminal liability for corporate officers invites prosecutions that would generate case law on the scope of the due diligence defence.
Because the provided text contains no reported decisions, this section cannot list litigation outcomes or appellate guidance. If you need possible lines of argument or precedent to anticipate in litigation under the Act, the next practical research steps are:
Search Queensland courts and tribunals for decisions referencing the State Transport (People Movers) Act 1989 or its parent short title (s 41 notes transitional references).
Review published rulings on comparable licensing, demolition, easement, or administrative-review matters under Queensland transport, planning or property statutes for reasoning that could be persuasive.
Inspect records of prosecutions brought by the chief executive or authorised persons under s 36 or s 17 for prosecutorial practice.
Do not rely on this statute text alone to predict adjudicative outcomes; definitive litigation history requires searching case law databases and court registries for decisions where the Act has been invoked.
Gotchas
The Act contains several provisions that pose operational pitfalls, contractual and property risks, and administrative discretion traps for proposers, operators, owners and advisers. These are specific mechanics in the Act to watch for.
Limited contemporary scope (s 2). The present s 2 restricts the Act’s application to existing systems as at the commencement of that section and directs that, after that commencement, the chief executive must not enter into Part 3 agreements or issue further licences under s 19(1A). The practical consequence is that developers cannot assume the Act is the route for new projects; they must verify whether their proposed project is an “existing system” or must proceed under other planning/infrastructure statutes (the text references the Integrated Planning Act 1997). Misreading s 2 could lead to wasted preparatory work directed at a regime no longer available for new systems.
Broad chief executive discretion over licence content and fees (ss 18, 20). The chief executive can set extensive licence conditions across technical and commercial areas (amenities, vehicle types, fares, records, safety etc., s 18(3A)) and has discretion to set fees as fixed amounts, per vehicle, a percentage of gross revenue or a combination (s 20(2)). Section 20 explicitly permits differential fee-setting across different licences or parts of the same system (s 20(4)). The mechanism allows for highly variable commercial terms; operators must budget for both fixed and revenue-sensitive charges and for the possibility of bespoke fee outcomes.
Transfer, lease and encumbrance restrictions (ss 21-22). A licence cannot be leased or encumbered without prior written chief executive approval (s 21) and is not transferable except under the statutory transfer process (s 22), subject to chief executive discretion and the public interest test (s 22(4)). That limits commercial contract freedom and will affect financing and security arrangements. Lenders and investors must factor in approval risk and potential conditions on transfers.
Suspension equates to cancellation during its period and appeal is limited (ss 23-24). Suspension has the “same effect as a cancellation” during its period (s 23(4)), and though there is an appeal to the Minister (s 24), the Minister’s decision is final and not appealable (s 24(3)). Practically, suspension can be a terminal commercial event even while appeal avenues are available, and the Minister’s role as final arbiter concentrates decision risk.
Strong powers to enter, dismantle, demolish and sell (ss 26-28). The chief executive can require dismantling of works constructed outside agreement (s 26), and with Governor in Council approval may enter, occupy, dismantle and recover costs. Similarly, the chief executive can require demolition of unused systems and sell resulting materials, with proceeds applied in a statutory priority (s 27). Those powers are operationally intrusive and expose owners to forced removal and cost recovery. Note the requirement for Governor in Council approval in some measures, but do not assume that procedural safeguard eliminates the practical business risk.
Ownership of structures despite attachment to third-party land (s 32). Structures supporting tracks erected by proposers are the proposer’s property even if affixed to another’s land, subject to agreement (s 32(2)). That has consequences for fixture law, easements and security interests, and may complicate landlord/tenant or neighbouring landowner relations.
Evidentiary weight to chief executive certificates (s 39). Certificates and certified copies under the chief executive’s seal are conclusive evidence in proceedings absent contrary evidence (s 39). That shifts the evidentiary burden and can speed administrative enforcement, but compels operators to keep contemporaneous documentation to rebut such certificates if needed.
Corporate officer liability (s 37). Directors and managers can be criminally charged for corporate offences unless they can prove lack of consent/connivance and that they exercised due diligence to prevent the offence. This creates significant personal risk for governance-level personnel and requires documented compliance regimes.
Planning and statutory exclusions (ss 30-31). While s 30 provides an entitlement to use land notwithstanding planning schemes for systems authorised under agreement or licence, s 31 allows the Governor in Council to exclude provisions of other Acts for particular systems. Both powers are double-edged: they can secure permitted use rights, but reliance on them requires careful review of whether an agreement/licence or a specific order exists and what it covers.
Delegation and ministerial direction (ss 34-35). The chief executive may delegate broadly and is subject to directions of the Minister. That means decision-making may be dispersed across delegated officials and influenced by ministerial preferences; contractual counterparties and financiers should seek clarity on which decisions are made by delegated officers and what ministerial directions might apply.
Fee structure risk and revenue share basis (s 20). The Act permits licensing fees based on a percentage of gross revenue. Using gross revenue as a base without precise definition or agreed exclusions can produce material variance in charges and contentious audit demands. Clauses in agreements and licence conditions determining gross revenue definitions and audit rights should be tightly negotiated.
Conferral of power to exempt other Acts (s 31). Section 31’s order-in-council power to declare other Acts not to apply to a specified system potentially creates bespoke legal islands. Users should not assume this power will be exercised in any given case; reliance on exemptions should be contractually and politically verified.
In practice, counsel, compliance and commercial teams should map these mechanics early, secure written approvals and easement instruments, model fee structures (including revenue-sharing scenarios), and build evidence trails for safety and maintenance compliance to manage inspection, enforcement and personal liability risks.
How to comply
Compliance under the Act requires a programme addressing pre-construction approvals, licence procurement and maintenance, operational safety, record-keeping and engagement with the chief executive and Minister where needed. The steps below follow statutory order and cite the relevant sections.
Pre-construction and proposal procedure (s 13-16)
If a system is governed by this Act, the proposer must submit a proposal to the chief executive before commencing construction (s 13). The proposal should include detailed technical plans, funding arrangements, timetables and operational models because the chief executive may require further information on any matter, explicitly including funding (s 14(2)).
Expect negotiation with the chief executive over the proposal (s 14(2)(a)). Secure drafts of any anticipated agreement terms before construction starts because construction must be under a State agreement once the Act’s construction prohibition applies (s 17(1)(a)).
Where approval is sought, the chief executive will recommend acceptable proposals to the Minister and the Governor in Council may approve a proposal (ss 14(3), 15). Confirm whether the present s 2 limits apply (i.e., whether the project qualifies as an “existing system”); if not, the Act may not be the applicable route and Integrated Planning or other planning laws should be engaged (s 2).
Agreements and practical completion (s 16, s 18(4))
The chief executive may enter into an agreement for construction and operation (s 16). Ensure the agreement sets out practical completion criteria because a licence cannot be issued until after the date of practical completion as provided in the agreement (s 18(4)(a)).
Include explicit obligations, commissioning and testing regimes and acceptance criteria in the construction agreement to avoid late disputes on practical completion (s 18(4)(b)).
Licencing (ss 17-20)
Do not operate for passenger carriage without a licence issued by the chief executive. Apply for a licence early and provide evidence of practical completion and satisfactory practical testing demonstrating mechanical/structural safety (s 18(4)(b)).
Expect licence conditions to cover technical, commercial, safety and record-keeping matters (s 18(3A)). Seek to negotiate clear, objective licence conditions to reduce future compliance ambiguity.
Plan for licensing fees: the chief executive may choose fixed fees, per-vehicle fees, a percentage of gross revenue or combinations (s 20(2)). Budget for scenarios including revenue-based fees and obtain clarity in the licence on the definition of gross revenue and payment schedule (s 20(3)).
If planning to lease, transfer, encumber or sell the licence, obtain prior written approval from the chief executive and follow the statutory transfer process (ss 21-22). Build contingencies for refusal based on the chief executive’s public interest discretion (s 22(4)).
Vehicle approvals and operational safety (s 25, s 29)
Obtain chief executive approval for people moving vehicles and comply with any passenger/load caps or equipment conditions (s 25(1)-(1A)). Keep approvals and documentation accessible to authorised officers.
Implement and document safety management systems, maintenance regimes and inspection logs to demonstrate the system is structurally and mechanically sound, maintained in safe and serviceable condition, and fit for passenger carriage (s 29(1)). Authorised officers can serve remedial notices and direct cessation of operations until conditions are satisfied (s 29(2)).
Inspections, entry and facilitation (s 28)
Facilitate entry, inspection and testing by the chief executive or authorised officers at sites and other premises used in conjunction with the system (s 28(1), (3)). Train staff and have protocols for interaction with inspectors to avoid non-compliance risk.
Records, returns and evidentiary readiness (ss 18(3A)(h), 39)
Maintain accurate records and be prepared to make returns to the chief executive as part of licence conditions (s 18(3A)(h)). Because documents and certificates under the chief executive’s seal are conclusive absent contrary evidence (s 39), operators should retain contemporaneous evidence to rebut any administrative certificates if required.
Transfers, financing and security (ss 21-22, 32)
Since licences cannot be leased, encumbered or transferred without approval, structure financing with lenders who accept licence-approval risk or agree mechanisms to obtain approvals in advance. Record and register easements created for the system as required (s 32(1A)), and clarify ownership of any structures fixed to third-party land (s 32(2)) in commercial documentation.
Compliance with show-cause and appeal procedures (ss 23-24)
If the chief executive issues a show-cause notice, respond comprehensively and within the time specified, and preserve evidence of remediation. If an adverse order is made, lodge an appeal to the Minister within 30 days (s 24(1)). Understand that the Minister’s determination is final and not appealable (s 24(3)), so prepare appellate submissions accordingly.
Cost exposure and insurance (ss 26-27, 38)
Recognise the risk the chief executive may cause dismantling/demolition and recover costs from the proposer/owner/operator (ss 26(3), 27(4), 38). Ensure insurance programmes cover demolition/dismantling liabilities, recovery actions, and regulatory fines, and consider contractual risk allocation with contractors and subcontractors for works carried out contrary to agreement.
Corporate governance and personal liability (s 37)
Directors and managers should ensure documented compliance systems and evidence of due diligence; s 37 offers a statutory defence only where the individual proves absence of consent/connivance and that they exercised due diligence to prevent the offence. Governance protocols, internal audits and compliance training are essential to preserve that defence.
Regulatory monitoring and liaison
Maintain regular liaison with the chief executive’s office and authorised personnel, review licence conditions annually, and plan for regulatory changes via s 40 regulations. For systems that are the subject of orders under s 31 or exemptions under s 30, obtain and rely on written copies of those orders/agreements.
Transitional and statutory scope check (s 2, s 41)
Verify whether the system is an “existing system” for the purposes of s 2. If not, identify the applicable planning and infrastructure laws cited by s 2 (e.g., Integrated Planning Act 1997) and pivot the approvals strategy to those regimes. Use s 41’s reference updating if documents cite the State Transport (People-movers) Act 1989.
In all interactions, preserve written records; insist on clear, objective licence conditions and fee definitions; secure chief executive written approvals for transfers, leases and vehicle approvals; and engage counsel early where the chief executive signals cancellation/suspension or where demolition/dismantling notices are contemplated.
(a) this Act has effect only for the purposes of existing systems; and
(b) a person can not commit an offence under section 17 (1) (a) or (b) in relation to a people mover system, other than an existing system for which there is a licence in force under this Act.
(a) the chief executive must not enter into an agreement under part 3 in relation to a people mover system; and
(b) this Act does not apply to the construction or operation of a people mover system, other than the operation of an existing system for which there is a licence in force under this Act.
sec.3 Interpretation
sec.3 Interpretation
In this Act—
Corporation ...
s 3 def Corporation sub 1990 No. 73 s 3 sch 5
om 1994 No. 43 s 143 sch 3
Commissioner ...
s 3 def Commissioner om 1990 No. 73 s 3 sch 5
Director-General ...
s 3 def Director-General ins 1990 No. 73 s 3 sch 5
om 1995 No. 9 s 92 sch 1
Local Authority ...
s 3 def Local Authority om 5 April 1995 RA s 39
Minister ...
s 3 def Minister sub 1990 No. 73 s 3 sch 5
om 5 April 1995 RA s 39
operator , in relation to a people mover system in respect of which a licence is issued under part 4 , means—
where the licence is not leased to another by the holder thereof—the holder of the licence;
where the licence is leased to another by the holder thereof—the lessee of the licence.
people mover system means a transport system designed and intended for use for the carriage of people by means of a fixed structure on a route that entails carriage over and above public land or water within Queensland other than carriage by—
a railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;
any moving walkway, belt or escalator.
people moving vehicle means a vehicle designed for use in operating a people mover system.
public land means land that is—
Crown land within the meaning of the Land Act 1962 ; or
land dedicated as a road for public use; or
land reserved and set apart under the Land Act 1962 for any public purpose; or
land held by or under the control of—
a local government; or
a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
the proposer means the person who put forward the proposal for a people mover system approved by the Governor in Council under section 15 .
(a) where the licence is not leased to another by the holder thereof—the holder of the licence;
(b) where the licence is leased to another by the holder thereof—the lessee of the licence.
(a) a railway within the meaning of the Transport Infrastructure (Railways) Act 1991 ;
(b) any moving walkway, belt or escalator.
(a) Crown land within the meaning of the Land Act 1962 ; or
(b) land dedicated as a road for public use; or
(c) land reserved and set apart under the Land Act 1962 for any public purpose; or
(d) land held by or under the control of— (i) a local government; or (ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
(i) a local government; or
(ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
(i) a local government; or
(ii) a person or body that, for a purpose in connection with the Government of the State, is constituted by or under an Act.
Section sec.4
s 4 amd 1990 No. 73 s 3 sch 5
om 1994 No. 43 s 143 sch 3
Section sec.5
s 5 om 1994 No. 43 s 143 sch 3
Section sec.6
s 6 om 1994 No. 8 s 132 sch 3
Section sec.7
s 7 om 1994 No. 43 s 143 sch 3
Section sec.8
s 8 om 1994 No. 43 s 143 sch 3
Section sec.9
s 9 om 1994 No. 8 s 132 sch 3
Section sec.10
s 10 om 1994 No. 8 s 132 sch 3
Section sec.11
s 11 om 1994 No. 8 s 132 sch 3
Section sec.12
s 12 om 1994 No. 8 s 132 sch 3
pt.3 Proposals for people mover systems and agreements
Proposals for people mover systems and agreements
sec.13 Submission of proposals
sec.13 Submission of proposals
Any person who proposes to construct a people mover system between 2 or more places shall, before commencing construction, submit his or her proposal to the chief executive.
s 13 amd 1995 No. 9 s 92 sch 1
sec.14 Chief executive’s examination of proposals
sec.14 Chief executive’s examination of proposals
When a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.
For the purpose of its examination the chief executive—
may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and
may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
When the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.
s 14 amd 1995 No. 9 s 92 sch 1
(sec.14-ssec.1) When a proposal for a people mover system has been submitted to it the chief executive shall enter upon an examination of the proposal with a view to the suitability of the proposed system for the purpose to which the proposal relates.
(sec.14-ssec.2) For the purpose of its examination the chief executive— may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
(sec.14-ssec.3) When the chief executive has determined that a people mover system should be constructed and operated between 2 or more places and that the proposal or 1 of the proposals submitted to it in relation thereto is acceptable it shall recommend to the Minister that that proposal be approved by the Governor in Council.
(a) may enter upon negotiations with the person putting forward the proposal concerning his or her proposal; and
(b) may require the person to furnish information or further information in respect of any matter (including the means by which the proposal is to be funded) that the chief executive considers to be relevant to a proper evaluation of the proposal.
sec.15 Governor in Council may approve proposal
sec.15 Governor in Council may approve proposal
The Governor in Council may, on the recommendation of the Minister, approve a proposal for the construction and operation of a people mover system.
sec.16 Making of agreement
sec.16 Making of agreement
The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.
This section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.
s 16 sub 1994 No. 43 s 143 sch 3
(sec.16-ssec.1) The chief executive may, for the State, enter into an agreement with the proposer about the building and operation of the people mover system.
(sec.16-ssec.2) This section does not limit the chief executive’s powers under the Transport Planning and Coordination Act 1994 or another Act.
pt.4 Provisions governing construction and operation of people mover systems
Provisions governing construction and operation of people mover systems
sec.17 Construction and operation of people mover system
sec.17 Construction and operation of people mover system
After the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof—
shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;
shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
A person who commits an offence referred to in subsection (1) (a) or (b) is liable—
in the case of an individual—
for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
in the case of a body corporate—
for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
s 17 amd 1995 No. 9 s 92 sch 1
(sec.17-ssec.1) After the expiration of 3 months from the commencement of this Act, a people mover system or any part thereof— shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive; shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
(sec.17-ssec.2) A person who commits an offence referred to in subsection (1) (a) or (b) is liable— in the case of an individual— for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; in the case of a body corporate— for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(a) shall not be constructed otherwise than pursuant to an agreement entered into with the chief executive;
(b) shall not be operated for the carriage of passengers except under the authority of and in accordance with a licence issued by the chief executive and in this part referred to as a licence .
(a) in the case of an individual— (i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; (ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
(ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(b) in the case of a body corporate— (i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; (ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(ii) for a second or subsequent offence—to a penalty of 400 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 40 penalty units.
(i) for a first offence—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units;
(ii) for a second or subsequent offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(i) for a first offence—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units;
(ii)
This is an opening excerpt, not the complete document.