Version incorporating amendments as at
6 August 2025
table of provisions
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Application 6
5 Transport Integration Act 2010 6
Part 2—Administration 7
6 Appointment of Registrar 7
7 Function of Registrar 7
8 Advisory committee 7
Part 3—Tourist and Heritage Rail Asset Register 8
9 Establishment of register 8
10 Information to be included in register 8
11 Form of register and access to register 9
12 Compilation of information for inclusion on the register 9
13 Assets not owned by the State or the custodian 10
14 Accuracy of information 11
15 Currency of asset register 11
16 On-site inspection of assets 12
17 Register does not provide evidence of ownership 13
18 Relationship to Victorian Heritage Register 13
Part 4—Lease agreements 14
19 Land 14
20 Assets 15
21 Reporting and record keeping 16
Part 5—Voluntary registration scheme 17
22 Registration scheme 17
23 Tourist and Heritage Railway Group Register 17
24 Application for registration 18
25 Registration 19
26 Change of details 19
27 Removal from register at request of operator 19
28 Removal from register of operator that no longer meets criteria for registration 19
29 Review by VCAT 21
Part 6—General 22
30 Liability in relation to leased railway 22
31 Regulations 22
Part 7—Consequential amendments and savings 26
33 Amendment of Transport (Compliance and Miscellaneous) Act 1983 26
34 Land tenure under the Transport (Compliance and Miscellaneous) Act 1983 26
Endnotes 28
1 General information 28
2 Table of Amendments 30
3 Explanatory details 32
Version No.016
Tourist and Heritage Railways Act 2010
No. 79 of 2010
Version incorporating amendments as at
6 August 2025
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to promote the long term viability of the tourist and heritage railway sector and promote an improvement in the operations of that sector as part of an integrated and sustainable transport system. The Act does so by—
(a) establishing a register of assets used, controlled or managed by tourist and heritage railway operators; and
(b) providing improved land tenure and asset management schemes for tourist and heritage railway operators; and
(c) establishing a voluntary registration scheme for tourist and heritage railway operators under which registered operators may access programs and initiatives made available under the scheme.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 December 2011, it comes into operation on that day.
3 Definitions
In this Act—
asset register means the Tourist and Heritage Rail Asset Register established under section 9;
custodian, of a rail asset, means the tourist and heritage railway operator that uses, controls or manages the asset;
description, of an asset, means a description of the asset that includes the following information—
(a) the name of the asset;
(b) the asset type;
(c) the make and model of the asset;
(d) the current condition of the asset relative to its original condition;
(e) the serial number (if any) of the asset;
(f) any other information prescribed by the regulations;
S. 3 def. of Director repealed by No. 61/2011 s. 25(Sch. 1 item 12.1(a)).
history, of an asset, includes the following information in relation to the asset—
(a) the manufacturer of the asset;
(b) the date the asset was manufactured;
(c) details regarding the previous use of the asset;
(d) if known, details of any maintenance, repairs or modifications carried out on the asset including who carried out and who funded the maintenance, repairs or modifications, as the case may be;
owned by the State means owned by or vested in a State entity;
person includes an unincorporated body or association and a partnership;
S. 3 def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 12.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 41.1).
S. 3 def. of rail asset amended by No. 22/2013 s. 75(a).
rail asset means—
(a) the following rail infrastructure—
(i) structures and works associated with railway tracks (for example, cuttings, tunnels, bridges, stations, platforms, tram stops);
(ii) over-track and under-track structures;
(iii) signalling systems;
(iv) rolling stock control systems;
(v) communication systems, notices and signs;
(vi) overhead electrical power supply systems;
(vii) buildings, workshops and depots;
(viii) plant, machinery and equipment;
(b) rolling stock;
(c) anything prescribed by the regulations to be a rail asset;
railway means a guided system designed for the movement of rolling stock that has the capability of transporting passengers on a railway track with a gauge of 600 mm or more, together with its associated infrastructure, and includes—
(a) a heavy railway;
(b) a light railway;
(c) a tramway;
(d) anything prescribed by the regulations to be a railway;
railway premises means any land or building used by a tourist and heritage railway operator in connection with the provision of historical and heritage related rail services but does not include residential premises;
registered operator means a tourist and heritage railway operator who is registered on the Tourist and Heritage Railway Group Register under Part 5;
Registrar means the Tourist and Heritage Railway Registrar appointed under section 6;
S. 3 def. of rolling stock inserted by No. 22/2013 s. 75(c), substituted by No. 41/2019 s. 117(Sch. 1 item 12.1(a)).
rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);
S. 3 def. of State entity amended by Nos. 70/2013 s. 4(Sch. 2 item 50), 25/2025 s. 106(Sch. 1 item 46).
State entity means—
(a) the State; or
(b) the Secretary to the Department of Transport and Planning; or
(c) a State owned enterprise within the meaning of the State Owned Enterprises Act 1992; or
(d) a body corporate incorporated under an Act; or
(e) a wholly owned subsidiary of an entity referred to in paragraph (c) or (d);
tourist and heritage rail asset means a rail asset used, controlled or managed by a tourist and heritage railway operator in connection with the provision of historical and heritage related rail services;
Tourist and Heritage Rail Asset Register means the register of tourist and heritage rail assets established under section 9;
Tourist and Heritage Railway Group Register means the register of tourist and heritage railway operators established under section 22;
S. 3 def. of tourist and heritage railway operator amended by Nos 22/2013 s. 75(b), 41/2019 s. 117(Sch. 1 item 12.1(b)).
tourist and heritage railway operator—
(a) means a non-profit entity that—
(i) provides historical and heritage related rail services; and
(ii) provides those services primarily as a tourist activity and predominantly in Victoria; and
(iii) is an accredited person within the meaning of the Rail Safety National Law (Victoria) or an entity which provides those services with rolling stock that is operated on behalf of the entity by an accredited person; but
(b) does not include an entity that the regulations prescribe is not a tourist and heritage railway operator;
VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010.
4 Application
This Act does not apply in relation to—
(a) a railway that involves only static or non-operational rail assets; or
Example
A railway that is dedicated to the preservation, repair or storage of non-operational rail assets.
(b) a railway in a mine that is underground, or chiefly underground, and that is used in connection with mining operations; or
(c) a railway that is operated solely within an amusement park or theme park; or
S. 4(d) substituted by No. 16/2022 s. 46.
(d) the Puffing Billy Railway within the meaning of the Puffing Billy Railway Act 2022.
5 Transport Integration Act 2010
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
Part 2—Administration
S. 6 amended by No. 61/2011 s. 25(Sch. 1 item 12.2), substituted by No. 68/2017 s. 108, amended by No. 49/2019 s. 186(Sch. 4 item 41.2).
6 Appointment of Registrar
VicTrack must appoint a person employed by VicTrack under section 147(7) of the Transport Integration Act 2010 to be the Tourist and Heritage Railway Registrar.
7 Function of Registrar
The function of the Tourist and Heritage Railway Registrar is to compile and maintain—
(a) the Tourist and Heritage Rail Asset Register; and
(b) a register of lease agreements granted by VicTrack under Part 4; and
(c) the Tourist and Heritage Railway Group Register.
8 Advisory committee
S. 8(1) amended by Nos 61/2011 s. 25(Sch. 1 item 12.2), 49/2019 s. 186(Sch. 4 item 41.3).
(1) VicTrack may establish an advisory committee to provide advice to VicTrack in relation to—
(a) the voluntary scheme for the registration of tourist and heritage railway operators; and
(b) other matters relating to the provision of historical and heritage related rail services.
(2) The number of members and composition of the advisory committee must be in accordance with the regulations.
Part 3—Tourist and Heritage Rail Asset Register
9 Establishment of register
S. 9(1) amended by Nos 61/2011 s. 25(Sch. 1 item 12.2), 49/2019 s. 186(Sch. 4 item 41.4).
(1) VicTrack must establish a register of tourist and heritage rail assets, to be known as the Tourist and Heritage Rail Asset Register.
(2) The asset register must comprise 3 divisions—
(a) Division 1, listing tourist and heritage rail assets that are owned by the State; and
(b) Division 2, listing tourist and heritage rail assets that are owned by the custodian of the rail asset and which the custodian has elected to be included in the register; and
(c) Division 3, listing tourist and heritage rail assets that are owned by persons other than the State and other than the custodian of the rail asset and which the owner has elected to be included in the register.
10 Information to be included in register
(1) The Registrar must assign to each rail asset listed in the Tourist and Heritage Rail Asset Register a unique asset number.
(2) The Registrar must record in the asset register the following information against each listed asset—
(a) the asset number assigned to the asset under subsection (1);
(b) a description of the asset;
(c) the location of the asset;
(d) the owner of the asset;
(e) the custodian of the asset;
(f) the history of the asset;
(g) details of insurance arrangements relating to the asset;
(h) any other information about the asset that the Registrar considers should be included in the asset register.
11 Form of register and access to register
(1) The Tourist and Heritage Rail Asset Register may be wholly or partly in the form of a computer database, in documentary form or in any other form the Registrar considers appropriate.
(2) Division 1 of the asset register must be available for inspection, free of charge, to the public.
(3) Divisions 2 and 3 of the asset register must be available for inspection, free of charge, to a registered operator.
(4) The custodian of a tourist and heritage rail asset listed in Division 2 or 3 must be given access to the information recorded against the asset on the asset register.
(5) Subsection (4) applies regardless of whether or not the custodian is a registered operator.
12 Compilation of information for inclusion on the register
(1) The Registrar may request a tourist and heritage railway operator to provide to the Registrar the following information relating to each rail asset owned by the State of which the operator is the custodian—
(a) a description of the asset;
(b) the location of the asset;
(c) the history of the asset;
(d) details of insurance arrangements relating to the asset;
(e) any other information about the asset that the Registrar considers should be included in the asset register.
(2) A request under subsection (1) must be in writing and state that the purpose of the request is to include in the asset register information relating to each tourist and heritage rail asset that is owned by the State.
(3) If a tourist and heritage rail asset is not owned by the State but the owner of the asset has elected to have the asset included in the asset register, the custodian of the rail asset must provide to the Registrar—
(a) the information relating to the asset specified in subsection (1)(a) to (e); and
(b) the name of the person whom the custodian believes is the owner of the asset.
13 Assets not owned by the State or the custodian
(1) This section applies to a tourist and heritage rail asset that is not owned by the State or by the custodian of the asset.
(2) The custodian of the rail asset must not provide to the Registrar the information relating to the asset specified in section 12(3) unless the custodian has obtained a written election from the owner of the asset to have the asset included in the asset register.
(3) If the owner of the rail asset which is included in the asset register requests the custodian of the asset to do so, the custodian must—
(a) provide the owner with an extract of the asset register containing the information recorded against the asset; and
(b) if necessary, notify the Registrar of any change or correction required to that information.
14 Accuracy of information
(1) The Registrar must not include a tourist and heritage rail asset in the asset register unless satisfied that—
(a) the asset is owned by the State; or
(b) in the case of an asset that is not owned by the State, the owner of the asset has elected to have the asset included in the asset register.
(2) The Registrar must not include information relating to a rail asset in the asset register unless the Registrar is satisfied that the information is accurate.
(3) In determining whether or not information relating to the ownership of an asset is accurate, the Registrar must have regard to any documentary evidence and other relevant material relating to the asset.
(4) If the Registrar is not satisfied as to the accuracy of the information relating to an asset, the Registrar may request the custodian of the asset to provide further information.
(5) VicTrack must provide the Registrar with any information or assistance required by the Registrar to verify information relating to a rail asset.
15 Currency of asset register
(1) The Registrar must use his or her best endeavours to ensure that the information recorded in the asset register is up to date.
(2) The custodian of a rail asset listed on the asset register must notify the Registrar in writing of any change to the information recorded against the rail asset in the asset register.
(3) If—
(a) the Registrar is advised of a change to the information recorded against a rail asset in the asset register by the custodian of the rail asset; and
(b) the Registrar is satisfied that the advice is accurate—
the Registrar must amend the register accordingly.
(4) Subject to subsection (5), the Registrar may request the custodian of a rail asset to check that the information recorded against the rail asset in the asset register is up to date and, if it is not, to advise the Registrar of the required change.
(5) The Registrar may not make a request under subsection (4) more than once in any 12 month period.
16 On-site inspection of assets
(1) For the purpose of compiling or maintaining the asset register, the Registrar may conduct an on‑site inspection of railway premises on which the Registrar reasonably believes tourist and heritage rail assets owned by the State are held.
(2) The Registrar may by instrument authorise another person or other persons to conduct an on‑site inspection under subsection (1).
(3) An on-site inspection of railway premises must not be conducted under subsection (1) unless the operator of the railway premises—
(a) has been notified in writing of the proposed date and time of the inspection; and
(b) has given written consent to the inspection and confirmed the date and time of the inspection.
(4) In this section, the operator, of a railway premises, means the tourist and heritage railway operator who is using the railway premises in connection with the provision of historical and heritage related rail services.
17 Register does not provide evidence of ownership
The asset register does not provide evidence of ownership of any rail asset listed in the register.
18 Relationship to Victorian Heritage Register
S. 18(1) amended by No. 7/2017 s. 306.
(1) Any information included in the asset register does not affect, add to or detract from the Victorian Heritage Register established under the Heritage Act 2017.
(2) The inclusion of a tourist and heritage rail asset on the asset register is not intended to imply that the asset is of any cultural heritage significance.
Part 4—Lease agreements
19 Land
(1) VicTrack may grant to a person who is a tourist and heritage railway operator, or who intends to be a tourist and heritage railway operator, a lease in respect of any land vested in VicTrack that is used, or proposed to be used, by the person in connection with the provision of historical and heritage related rail services.
(2) A lease of land granted under subsection (1) must include the following—
(a) a description of the land;
(b) a list of all fixtures to the land;
(c) the term of the lease;
(d) the process for renewing the lease;
(e) the amount of annual rent (if any) payable;
(f) for any tourist and heritage rail assets that are owned by the State and listed as fixtures to the land—
(i) the insurance arrangements for those rail assets; and
(ii) the maintenance responsibilities for those rail assets;
(g) a holding over provision to enable the lease to continue if, after the term of the lease, the lease is not renewed;
(h) the reclamation rights of the lessor including the notice required to be given to the lessee and any compensation payable;
(i) the circumstances under which the land may be sublet and the procedures for doing so.
(3) The amount of rent payable under a lease granted under subsection (1) must not be more than a nominal amount.
20 Assets
(1) This section applies to rail assets owned by the State other than rail assets that are fixtures to land leased to a tourist and heritage railway operator under section 19.
(2) VicTrack may, on behalf of a State entity, grant to a person who is a tourist and heritage railway operator, or who intends to be a tourist and heritage railway operator, a lease that entitles the person to use, control or manage such assets in connection with the provision of historical and heritage related rail services.
(3) Subsection (2) applies despite section 118 of the Transport Integration Act 2010.
(4) A lease of rail assets granted under subsection (2) must include the following—
(a) a description of each asset that is the subject of the lease;
(b) the term of the lease;
(c) the process for renewing the lease;
(d) the amount payable (if any) under the lease;
(e) for all rail assets that are the subject of the lease—
(i) the insurance arrangements for those rail assets; and
(ii) the maintenance responsibilities for those rail assets;
(f) a holding over provision to enable the lease to continue if, after the term of the lease, the lease is not renewed;
(g) the reclamation rights of the lessor including the notice required to be given to the lessee and any compensation payable;
(h) the process for the transfer of any rail assets that are the subject of the lease to another tourist and heritage railway operator or the sharing of those assets with another tourist and heritage operator;
(i) the circumstances under which any rail assets that are the subject of the lease may be sublet and the procedures for doing so.
(5) The amount payable under a lease granted under subsection (2) must not be more than a nominal amount.
21 Reporting and record keeping
(1) VicTrack must provide the Registrar with a copy of any lease granted under section 19 or 20 within 14 days after the execution of the lease.
(2) The Registrar must keep a register of all leases granted under sections 19 and 20 and include in the register the term and renewal dates in respect of each lease.
Part 5—Voluntary registration scheme
22 Registration scheme
S. 22(1) amended by Nos 61/2011 s. 25(Sch. 1 item 12.2), 49/2019 s. 186(Sch. 4 item 41.5).
(1) VicTrackmust establish—
(a) a voluntary scheme for the registration of tourist and heritage railway operators; and
(b) a register for that purpose to be known as the Tourist and Heritage Railway Group Register.
(2) The purpose of the scheme is to enable a tourist and heritage railway operator that meets certain criteria to register with the scheme in order to—
(a) demonstrate its commitment to business best practice and continuous improvement of its operations; and
(b) access programs and initiatives made available under the scheme.
23 Tourist and Heritage Railway Group Register
(1) The Registrar must record in the Tourist and Heritage Railway Group Register the following information against each tourist and heritage railway operator who participates in the registration scheme—
(a) the operator's business name;
(b) the operator's trading name;
(c) the historical and heritage related rail service or services being provided by the operator;
(d) the operator's contact details including the postal address, physical address and telephone number of the operator;
(e) the person nominated by the tourist and heritage railway operator to be the contact for the operator;
(f) a registration number assigned to the operator by the Registrar;
(g) any other prescribed information.
(2) The Tourist and Heritage Railway Group Register may be wholly or partly in the form of a computer database, in documentary form or in any other form the Registrar considers appropriate.
24 Application for registration
(1) A tourist and heritage railway operator may apply to be included in the Tourist and Heritage Railway Group Register.
S. 24(2) amended by Nos 61/2011 s. 25(Sch. 1 item 12.2), 49/2019 s. 186(Sch. 4 item 41.6), substituted by No. 19/2022 s. 82.
(2) The application must be—
(a) in a form approved by VicTrack; and
(b) accompanied by the prescribed fee (if any).
S. 24(3) amended by Nos 61/2011 s. 25(Sch. 1 item 12.2), 49/2019 s. 186(Sch. 4 item 41.6).
(3) No later than 28 days after the application is received by VicTrack, the Registrar must—
(a) register the operator; or
(b) refuse to register the operator; or
(c) request more information from the operator.
(4) Within a reasonable time after making a decision under subsection (3)(a) or (b) in relation to the operator, the Registrar must notify the operator in writing of the decision.
(5) If the Registrar has decided to refuse to register the operator, the notice under subsection (4) must—
(a) state the reasons for the refusal; and
(b) advise the operator that the decision is reviewable by VCAT under section 29.
25 Registration
(1) If a tourist and heritage railway operator—
(a) has applied for registration under section 24; and
(b) meets the prescribed registration criteria—
the Registrar must register the operator in the Tourist and Heritage Railway Group Register.
(2) Within a reasonable time of the registration, the Registrar must provide the operator with a certificate of registration.
26 Change of details
If a change occurs to any detail recorded against a registered operator in the Tourist and Heritage Railway Group Register, the operator must notify the Registrar in writing of the change within 28 days of its occurrence.
27 Removal from register at request of operator
On the written request of a registered operator, the Registrar must remove the operator from the Tourist and Heritage Railway Group Register.
28 Removal from register of operator that no longer meets criteria for registration
(1) The Registrar may, in accordance with this section, remove a registered operator from the Tourist and Heritage Railway Group Register if the Registrar is of the opinion that the operator no longer meets the prescribed criteria for registration.
(2) Before the Registrar removes a registered operator from the register, the Registrar must give written notice to the operator—
(a) stating that, in the opinion of the Registrar, the operator no longer meets the prescribed criteria for registration; and
(b) providing the reasons for that opinion; and
(c) advising that the operator may, within 45 days after receiving the notice, submit in writing reasons why the operator should not be removed from the register.
(3) The Registrar must not make a decision on whether or not to remove the operator from the register unless—
(a) the Registrar has received and considered any submission made by the operator in response to the notice under subsection (2); or
(b) the period permitted under subsection (2)(c) for making a submission has expired.
(4) The Registrar must make a decision on whether or not to remove the operator from the register not later than 28 days after—
(a) receiving a written submission from the operator; or
(b) the period permitted under subsection (2)(c) for making a submission has expired—
whichever is earlier.
(5) Within a reasonable time after deciding whether or not to remove the operator from the register, the Registrar must notify the operator in writing of the decision.
(6) If the Registrar has decided to remove the operator from the register, the notice under subsection (5) must—
(a) state the reasons for removing the operator from the register; and
(b) advise the operator that the decision is reviewable by VCAT under section 29.
29 Review by VCAT
(1) A tourist and heritage railway operator may apply to VCAT for review of—
(a) a decision by the Registrar under section 24(3)(b) to refuse to register the operator; or
(b) a decision by the Registrar under section 28(1) to remove the operator from the Tourist and Heritage Railway Group Register.
(2) The application must be made within 90 days after the day on which—
(a) the operator is notified under section 24(4) that the Registrar has decided to refuse to register the operator; or
(b) the operator is notified under section 28(5) that the Registrar has removed the operator from the register—
as the case may be.
(3) To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.
Part 6—General
30 Liability in relation to leased railway
(1) This section applies if—
(a) a tourist and heritage railway operator has entered into a lease agreement under section 19; or
(b) a tourist and heritage railway operator has a right to occupy a railway or part of a railway by virtue of section 34.
(2) Despite any other law to the contrary, the operator—
(a) must not, unless the Minister so directs, be required to fence or contribute to fencing any portion of the railway; and
(b) is not liable for any damage which may be caused by reason of the railway not being fenced in or fenced off.
(3) Subsection (2) does not prevent the operator from erecting and maintaining such fences in connection with the railway as the operator thinks proper.
31 Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) additional information to be included in the description of a tourist and heritage rail asset for the purposes of its inclusion in the asset register;
(b) the appointment of members of the advisory committee established under section 8, the number of members of the committee and its composition;
(c) additional information to be included in the Tourist and Heritage Railway Group Register;
(d) the criteria for registration on the Tourist and Heritage Railway Group Register;
(e) the application fee for registration as a registered operator;
(f) any matter or thing incidental to the maintenance of safety in connection with the operation of tourist and heritage railways;
(g) conferring on a tourist and heritage railway operator any power that a passenger transport company, within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, may exercise in relation to a railway under the passenger transport company's management and control;
(h) imposing any duty or obligation upon a tourist and heritage railway operator to which a passenger transport company, within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, would be subject if it were providing the historical and heritage related rail service;
S. 31(1)(i) amended by No. 22/2013 s. 76.
(i) prohibiting conduct in relation to, or regulating the conduct of anyone in or on, any rolling stock or place belonging to, or under the control of a tourist and heritage railway operator;
(j) preventing trespassing on any railway premises;
(k) preventing interference with or damage to any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises;
(l) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Regulations made under this Act—
(a) may be of general or limited application;
(b) may differ according to differences in time, place or circumstance;
(c) may require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both subparagraphs (i) and (ii);
(d) may apply, adopt or incorporate any matter contained in any document whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time;
(e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person;
(f) may provide in a specified case or class of case for the exemption of persons or things or a class of person or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified;
(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
Part 7—Consequential amendments and savings
S. 32 repealed by No. 70/2013 s. 3(Sch. 1 item 55).
33 Amendment of Transport (Compliance and Miscellaneous) Act 1983
Sections 247, 248, 249(2) and 255 of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.
34 Land tenure under the Transport (Compliance and Miscellaneous) Act 1983
(1) This section applies if, immediately before the commencement of section 33, a tourist and heritage railway operator occupies a railway or part of a railway under an Order of the Governor in Council made under section 247 of the Transport (Compliance and Miscellaneous) Act 1983 (a relevant Order).
(2) Despite the repeal of section 247 of the Transport (Compliance and Miscellaneous) Act 1983, a relevant Order remains in force after that commencement and may be varied or revoked as if section 247 of the Transport (Compliance and Miscellaneous) Act 1983 were still in force.
(3) A relevant Order remains in force until—
(a) a lease in respect of the railway or part of the railway is granted to the operator under section 19; or
(b) under the terms of the Order, the right to occupy the railway or part of the railway terminates; or
(c) the Order is revoked—
whichever occurs first.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Council: 27 July 2010
Legislative Assembly: 2 September 2010
The long title for the Bill for this Act was "A Bill for an Act to enact a legislative scheme relating to tourist and heritage railway operators and for other purposes."
The Tourist and Heritage Railways Act 2010 was assented to on 19 October 2010 and came into operation on 1 October 2011: Special Gazette (No. 298) 22 September 2011 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Tourist and Heritage Railways Act 2010 by Acts and subordinate instruments.