Transport Integration Act 2010

Transport bodies. Every Victorian government transport agency must exercise its powers and perform its functions under any transport legislation having regard to the transport system objectives (s 24(1)) and decision making principles (s 24(2)). This applies to the Department, the Secretary, the Head, Transport for Victoria, and all sector transport agencies.

Interface bodies (s 25). Local councils and other interface bodies whose functions interface with the transport system must also have regard to the transport system objectives in exercising powers under interface legislation.

The Department of Transport. Its objects include giving effect to the vision statement, transport system objectives, and decision making principles; and reviewing the strategic plans of sector agencies for consistency (s 32).

Transport infrastructure users. Indirectly affected through the planning and delivery framework. The Act's social inclusion and safety objectives require the transport system to be accessible and safe for all users.

Private sector transport operators and contractors. The Secretary and the Head, Transport for Victoria may enter into contracts and joint ventures with private sector entities. The Head has specific powers to contract for transport services (s 34(2A)).

Affected landowners. The Secretary and the Head each have compulsory land acquisition powers for transport purposes (ss 36, 64G). Land dealings must follow the process in the Act and the Land Acquisition and Compensation Act 1986 (Vic).

Transport bodies must have regard to transport system objectives (s 24(1)). This does not require any particular outcome, but the failure to have regard to the objectives may render a decision invalid or subject to review.

Transport bodies must have regard to decision making principles (s 24(2)). The same obligation applies to decision making principles. Note that ss 24(2A) carves out transport authorisation decisions (granting, varying, suspending, cancelling licences and authorisations) from this obligation.

Interface bodies must have regard to objectives (s 25(1)). Where a transport body is an interface body, it must also have regard to specified policy principles from any applicable statement of policy principles (s 25(3)).

The Secretary must record dealings in land (s 35). The Secretary must keep a register of land dealings, with entries specifying the land, its location, the date of acquisition or disposal, and the mode of dealing.

The Head must report to the Minister and Secretary (s 64SA). The Head must provide performance and financial reports as required.

Strategy and implementation plan (s 27A). The Minister must maintain a strategy and implementation plan for the transport system and review it periodically.

Transport plan and corporate plans (ss 63-64). The Minister must maintain a transport plan, and sector transport agencies must maintain corporate plans consistent with the transport system objectives and decision making principles.

Minister's general powers (s 29). The Minister may do anything necessary or convenient in connection with transport functions. This is a broad supplementary power.

Minister's appointment and establishment powers (s 30). The Minister may appoint persons or establish bodies to advise on the transport system and delegate ministerial powers to them.

Minister's delegation (s 31). The Minister may delegate any power except the delegation power itself and the power to make statements of policy principles.

Secretary's powers (s 34). Extensive power to acquire and dispose of property, enter contracts, form corporations, acquire shares, hold intellectual property, and act as agent or trustee on behalf of the Crown. Any land acquisition must be in the statutory name format (s 34(4)).

Secretary's investigative entry powers (s 37). The Secretary may enter land for investigative purposes related to transport system planning or management, on notice or with a warrant.

Head, Transport for Victoria powers (Part 4A). Include all powers needed for transport infrastructure delivery: land acquisition (compulsory or by agreement), easements, Crown land management, contracts, financial accommodation, and extra-territorial operations.

Transport Restructuring Orders (Part 4B). The Governor in Council may make Transport Restructuring Orders reconstituting transport agencies, transferring assets and liabilities, and conferring new powers on agencies. This mechanism has been used repeatedly to effect machinery of government changes.

Compulsory land acquisition (ss 36, 64G). Both the Secretary and the Head may acquire land compulsorily for transport purposes.

The Transport Integration Act is primarily a framework Act and does not itself impose significant direct penalties on private individuals. The regulatory and enforcement functions are in the specific transport legislation that the Act governs.

The Act's enforcement mechanism is primarily the obligation on transport bodies to have regard to the objectives and principles. Failures may be judicially reviewable but do not attract direct monetary penalties.

Specific operational Acts (road safety, marine safety, rail safety) contain the relevant penalty regimes for transport users and operators.

Strategy and implementation plan (s 27A): Must be maintained by the Minister and reviewed periodically.

Transport plan (s 63): The Minister must develop and maintain a transport plan, reviewed and updated regularly.

Statements of policy principles (s 22): Published in the Government Gazette and on the Department website; copies to affected bodies.

Land acquisition notice (s 37): At least 14 days notice required before entering land for investigative purposes, unless entry is urgent.

Transport Restructuring Orders (s 65A): Published in the Government Gazette; come into operation as specified in the Order.

Corporate plans (s 64): Sector transport agencies must maintain corporate plans reviewed periodically.

The Transport Integration Act is designed to operate with all other Victorian transport legislation. All transport bodies must apply the Act's objectives and principles when making decisions under any "transport legislation" as defined. Key interactions include:

Road Safety Act 1986 (Vic). Road safety is a key objective (s 13). VicRoads and the Head, Transport for Victoria interact with road safety regulation and licensing.

Marine Safety Act 2010 (Vic). The Minister must make guidelines (s 31A) for declarations by Safe Transport Victoria under this Act. Marine safety is a sector transport function.

Rail Safety National Law Application Act 2013 (Vic). Rail safety is regulated under the nationally-consistent Rail Safety National Law as applied in Victoria.

Land Acquisition and Compensation Act 1986 (Vic). Compulsory land acquisition by the Secretary (s 36) and the Head (s 64G) must follow this Act's procedures.

Great Ocean Road and Environs Protection Act 2020 (Vic). The Head has specific obligations regarding transport actions within the Great Ocean Road region (s 64IA).

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic). The Head has specific obligations regarding transport works near Yarra River land (s 64JA).

Bus Safety Act 2009 (Vic). Definitions in the Transport Integration Act cross-reference bus safety definitions.

"Have regard to" is not "must give effect to". The obligation on transport bodies is to have regard to the objectives and principles, not to be bound by them or to ensure every decision produces outcomes consistent with all objectives. This creates important room for weighting and balancing. A decision that weighs one objective more heavily than another is not necessarily unlawful; the question is whether proper regard was had.

Transport authorisation decisions are carved out. Section 24(2A) removes the obligation to have regard to decision making principles when granting, varying, suspending, or cancelling transport authorisations (licences). This is significant: the operator licensing regime operates under the specific enabling Act, not under the framework principles.

The transitional Parts (8-12) are large and historically important. Parts 8-12 contain the detailed transition provisions from the 2010 and subsequent restructures (including the abolition of various transport agencies). These provisions create deemed transfers of property, rights, liabilities, and staff that continue to have practical relevance for contracts and assets created before the restructures.

Interface bodies (local councils) are subject to the framework. Local councils that make decisions affecting transport infrastructure must have regard to the transport system objectives. This can create tension between local planning decisions and state transport planning, and may be relevant in planning disputes involving transport corridors.

Example 1: Transport body making a service decision. VicTrack proposes to reduce maintenance on a regional rail line to reduce costs. In making this decision, VicTrack must have regard to the transport system objectives, including social and economic inclusion (s 8, which requires consideration of the transport needs of persons in regional areas) and efficiency and reliability (s 12). A failure to properly consider the regional inclusion objective could expose the decision to judicial review. The decision may still be made to reduce maintenance if the decision-maker has properly weighed and balanced the competing objectives.

Example 2: Secretary acquiring land for a transport project. The Secretary proposes to acquire land for a new transport corridor. Under s 36, the Secretary may acquire land compulsorily in accordance with the Land Acquisition and Compensation Act 1986. The Secretary must record the acquisition in the register required by s 35. The land must be acquired in the statutory name "Secretary (within the meaning of the Transport Integration Act 2010)" (s 34(4)).

Example 3: Interface body planning decision. A local council approves a large residential development that will generate significant additional traffic on a state road. The council is an interface body under s 25. When exercising its planning functions, the council must have regard to the transport system objectives, including the integration of transport and land use (s 11), which requires maximising access and reducing the need for private motor vehicle transport. A planning approval that ignores the transport impact may be challenged on the basis that the council failed to have regard to these objectives.

Example 4: Statement of policy principles. The Minister issues a statement of policy principles specifying how the triple bottom line assessment principle is to be applied by Public Transport Victoria in relation to service planning decisions. The statement must be consistent with the vision statement and transport system objectives (s 22(3)). It must be published in the Government Gazette (s 22(7)). Public Transport Victoria must have regard to the specified principles in its service planning decisions (s 24(3)).