QLDIn ForceAct
Transport Infrastructure Act 1994
sec.105YPower to enter into tollway franchise agreements
Start here
Get a plain-English read of sec.105Y
Turn the raw legal text into a practical explanation grounded in Transport Infrastructure Act 1994.
### sec.105Y Power to enter into tollway franchise agreements
A local government may, with the Treasurer’s approval under the Statutory Bodies Financial Arrangements Act 1982 , section 60A , enter into an agreement (a local government tollway franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of—
a tollway under an approved tollway project; or
a local government tollway.
The agreement must be consistent with—
for a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and
for a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.
Also, to the extent practicable, the agreement must be consistent with—
the coordination plan; and
the objectives of this Act; and
any relevant regional plan under the Planning Act ; and
the objectives of the State’s current transport infrastructure strategies.
The agreement may include, for example, the following—
provisions about the ownership of the local government tollway infrastructure;
provisions about tolls for the use of the local government tollway;
provisions about administration charges in relation to tolls for the use of the local government tollway.
s 105Y ins 2005 No. 67 s 32
amd 2006 No. 21 s 122 ; 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 281 sch
(sec.105Y-ssec.1) A local government may, with the Treasurer’s approval under the Statutory Bodies Financial Arrangements Act 1982 , section 60A , enter into an agreement (a local government tollway franchise agreement ) with a person under which, or as part of which, the person is to invest in the construction, maintenance or operation of— a tollway under an approved tollway project; or a local government tollway.
(sec.105Y-ssec.2) The agreement must be consistent with— for a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and for a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.
(sec.105Y-ssec.3) Also, to the extent practicable, the agreement must be consistent with— the coordination plan; and the objectives of this Act; and any relevant regional plan under the Planning Act ; and the objectives of the State’s current transport infrastructure strategies.
(sec.105Y-ssec.4) The agreement may include, for example, the following— provisions about the ownership of the local government tollway infrastructure; provisions about tolls for the use of the local government tollway; provisions about administration charges in relation to tolls for the use of the local government tollway.
- (a) a tollway under an approved tollway project; or
- (b) a local government tollway.
- (a) for a tollway under an approved tollway project—conditions to which, under division 2 , the approved tollway project is subject; and
- (b) for a local government tollway—conditions to which, under division 2A , the declaration of the local government tollway is subject.
- (a) the coordination plan; and
- (b) the objectives of this Act; and
- (c) any relevant regional plan under the Planning Act ; and
- (d) the objectives of the State’s current transport infrastructure strategies.
- (a) provisions about the ownership of the local government tollway infrastructure;
- (b) provisions about tolls for the use of the local government tollway;
- (c) provisions about administration charges in relation to tolls for the use of the local government tollway.