Transport Planning and Coordination Act 1994

The Act is built around several core concepts. The transport coordination plan is the central strategic document developed by the chief executive (s 4). It must contain a statement of specific objectives, criteria for deciding transport spending priorities, and performance indicators (s 5). The plan must be consistent with the government’s overall strategic planning and must take into account national transport strategies, regional transport and other development strategies, local government interests, the government’s land use planning and its environmental policies (s 6). Despite its importance, Part 2 is expressly directory only and does not create rights or impose legally enforceable obligations on the State, Minister, chief executive or anyone else (s 8). Decisions made under Part 2 are final and conclusive and cannot be challenged, appealed, reviewed, quashed or set aside under the Judicial Review Act 1991.

Land use and transport coordination under Part 2A focuses on integrating development with public passenger transport and active transport. The object is to enable the chief executive to encourage increased integration (s 8A). Active transport includes cycling and walking, and active transport infrastructure includes paths, bike lanes, bicycle parking and end-of-trip facilities such as showers and lockers. The chief executive, when acting as referral agency for development applications, must consider the extent to which the proposed development satisfies the objectives of Part 2A (s 8B). Guidelines may be made under s 8E.

Chief executive’s coordination and strategic planning functions (s 22) include coordinating strategic planning and operation of integrated transport systems and managing fund allocation. These are achieved by ensuring integration of land use and transport planning, evaluating transport systems, developing integrated regional transport plans, planning transport infrastructure, and implementing travel demand management initiatives.

Property powers are extensive. The chief executive may acquire, hold, dispose of or deal with property for transport purposes, for incidental purposes, or for transport associated development (s 25). The power includes acquisition by resumption under the Acquisition of Land Act 1967. The chief executive may also lease, sell or dispose of transport land for busway, franchised road, toll road, light rail or combined purposes (s 27). Special provisions apply when land is no longer required: the chief executive must offer it to the former owner within seven years (s 27A).

Biometric data provisions in Part 4C allow the chief executive to take and keep digital photos and digitised signatures for prescribed authorities (e.g., driver licences). The concept of shelf life is key: 10 years for photos taken at age 15 or over, 5 years if under 15, and 10 years for digitised signatures (s 28E). The retention period is generally 30 years if the application is granted, or shorter if not (s 28EH). Shelf life may be extended by up to six months total (s 28EB).

Identity matching services under Part 4D involve the document verification service, face verification service, face identification service, one person one licence service, and facial recognition analysis utility service. Identity information may be disclosed, collected or used only for permitted purposes, such as preventing crime, improving road safety, verifying identity with consent, and investigating missing persons (s 28EP).

Digital authorities under Part 4E allow a person to display a digital version of a relevant authority (e.g., digital driver licence) on a digital device using an approved app. A digital evidence of age or identity can also be displayed. Producing the digital authority is taken to be producing the physical authority under the relevant Act (s 29AH).

The Act primarily affects the Queensland Government, particularly the chief executive of the department responsible for transport, the Minister, and local governments. The chief executive is the central actor, responsible for developing transport coordination plans (s 4), coordinating integrated transport systems (s 22), acquiring and disposing of land (ss 25-27), making guidelines for land use and transport coordination (s 8E), and taking and keeping biometric data (Part 4C). Local governments are directly affected by Part 2A: they must comply with road works guidelines (s 8C), apply to the chief executive for approval before making changes to management of local roads that would significantly impact scheduled passenger services (s 8D), and have regard to guidelines when making changes to road management (s 8E(3)). They may also acquire land for approved tollway projects or local government tollways under Part 4B (s 28D).

Developers and persons carrying out development under the Planning Act must have regard to relevant Part 2A guidelines (s 8E(3)). The chief executive, when acting as a referral agency for development applications, must consider the extent to which development satisfies the objectives of Part 2A (s 8B). This means developers of land near public transport corridors may need to address impacts on public transport and active transport infrastructure.

Individuals applying for prescribed authorities (e.g., driver licences, marine licences, passenger transport authorities) are affected by Part 4C: they must allow the chief executive to take a digital photo and digitised signature (s 28EA). Failure to do so may result in the administrator refusing to consider the application (s 28EA(5)). Applicants may also be required to provide biometric data when making other requests under transport Acts if the administrator considers it reasonably necessary to use facial recognition technology to verify identity.

Holders of prescribed authorities benefit from the ability to use digital authorities (Part 4E). A person can display a digital authority, digital evidence of age or digital evidence of identity on a digital device as legal evidence.

Police officers and other authorised officers may access digital photos for permitted purposes, including crime investigation and road safety (s 28ED). Approved agencies may access transport information databases for law enforcement purposes under s 36I, and their members are subject to misuse penalties (s 36K). The State, the Commonwealth and other States are bound by Part 4D but cannot be prosecuted for an offence against it (s 28EJ).

The Act imposes duties on several parties. The chief executive must from time to time develop a transport coordination plan for the Minister’s approval and must take reasonable steps to engage in public consultation (s 4). The chief executive must table each approved plan and amendment in the Legislative Assembly (s 7). When preparing a transport coordination plan, the chief executive must ensure it is consistent with the government’s overall strategic planning and takes into account national transport strategies and other listed matters (s 6). In acquiring land, the chief executive must have regard to the transport coordination plan and transport infrastructure strategies (s 25(4)). The chief executive must also give copies of Part 2A guidelines to affected local governments and publish road works guidelines on the department’s website (s 8E(4)). Decisions on internal review of original decisions must be made within 28 days (s 34(1)). If no decision is made within that time, the chief executive is taken to have confirmed the original decision (s 34(5)).

Local governments have duties under Part 2A. A person undertaking road works on a local government road identified in a road works guideline must comply with that guideline (s 8C(2)), with a maximum penalty of 10 penalty units. If the local government knows the works will restrict or limit access to a public passenger service or infrastructure, it must notify the chief executive in writing at least 21 days before the works start (s 8C(3)). Where a local government proposes to change management of a local government road and that change would have a significant adverse impact on a scheduled passenger service, it must apply to the chief executive for written approval at least 21 days before the change takes effect (s 8D(2)-(3)). The chief executive must consider the application within 21 days (or a longer notified time) and may approve with or without conditions or refuse; if no decision is made within 21 days, the change is taken to be approved (s 8D(4)-(6)). Exceptions apply if the matter has already been considered under the Planning Act or if an emergency requires immediate change (s 8D(8)).

Individuals applying for prescribed authorities must allow the chief executive to take and keep a digital photo and digitised signature (s 28EA(1)). The right to use a digital authority is conferred by s 29AH: if an Act requires or permits a person to produce a relevant authority, displaying the digital authority is taken to produce it. However, this does not apply if the other person cannot access the digital authority as authorised, or if the person does not refresh it when requested. Similarly, a digital evidence of age or identity may be used to evidence age or identity (s 29AI). A person may also access their own digital photo upon application (s 28ED(1)).

The right to a review of an original decision is conferred by Part 5. A person may apply within 28 days after notice of the decision (or later if reasons were requested). The applicant may also apply for a stay of the original decision to the relevant entity (QCAT or the appeal court) (s 32). The chief executive may establish review panels (s 33). If the reviewed decision is not in the applicant’s favour, the applicant may appeal to the appeal court within 28 days of the decision notice (or 56 days if deemed confirmation) (s 35). The appeal court has the same powers as the original decision maker and the appeal is by way of rehearing (s 36B).

Penalties under the Act are modest but include criminal liability for misuse of information. Failure to comply with a road works guideline under s 8C(2) carries a maximum penalty of 10 penalty units. Unauthorised access to information stored electronically on a smartcard identification authority under s 28EG carries a maximum penalty of 20 penalty units. Misuse of identity information disclosed under Part 4D - that is, collecting, using or disclosing relevant identity information for a purpose other than a permitted purpose - carries a maximum penalty of 100 penalty units (s 28EQ). The general confidentiality provision in s 36GA makes it an offence to disclose, record or use information gained through involvement in administration of the Act, with a maximum penalty of 200 penalty units. Members of approved agencies who misuse information obtained under s 36I face a maximum penalty of 100 penalty units (s 36K). That offence applies extra-territorially: a member of an approved agency who uses the information outside Queensland commits an offence if the use would be an offence within Queensland (s 36L).

Enforcement mechanisms include the ability for the chief executive to recover costs from the owner of burdened land for failure to maintain support under a transport easement for support (s 28AE(4)). The chief executive may also impose conditions on approval of a change to management of a local government road (s 8D(4)(b)(i)). For breaches of confidentiality, prosecution is possible. The State, the Commonwealth and other States cannot be prosecuted for an offence against Part 4D (s 28EJ(2)), but individual officers or employees may still be liable.

Review and appeal mechanisms provide a form of enforcement of rights. A person affected by an original decision may seek internal review by the chief executive within 28 days, and then appeal to a court or QCAT. The appeal court may confirm, set aside and substitute, or return the matter with directions (s 36B). A stay may be granted to preserve the effectiveness of review or appeal (ss 32, 36A). The making of an application does not automatically stay the decision unless a stay is granted.

The Act operates alongside a suite of transport and land use legislation. Part 2 (transport coordination plan) is expressly directory only and does not create legally enforceable obligations; failure to comply does not affect the validity of anything done under this or another Act, and decisions under Part 2 cannot be challenged under the Judicial Review Act 1991 (s 8). This means the plan has no direct legal force but informs policy and decision making.

Part 2A interacts with the Planning Act. The chief executive, when a referral agency for development applications or a responsible entity for change applications under the Planning Act, must consider the extent to which proposed development satisfies Part 2A objectives (s 8B(2)). This is in addition to the Planning Act’s own provisions. Persons must have regard to Part 2A guidelines when planning or carrying out development under the Planning Act (s 8E(3)). The Minister may make regulations about codes for proposed activities under Part 2A.

The property acquisition provisions in Part 4 interact extensively with the Acquisition of Land Act 1967. The chief executive is a constructing authority under that Act and may take land for purposes under this Act (s 25(8)). Section 26A allows the Minister to change the purpose of transport land by gazette notice, and s 28 overrides the compensation provisions of the Acquisition of Land Act for works carried out after notice of intention to resume. Section 27A provides a right of first refusal to former owners of acquired land no longer required, despite s 41 of the Acquisition of Land Act.

Part 4C (biometric data) and Part 4D (identity matching services) interact with various transport Acts and the Photo Identification Card Act 2008. Section 36F allows the chief executive to keep or use information obtained or kept under a particular transport Act or the Photo Identification Card Act 2008 for another transport Act, despite a provision of another Act. However, this does not include digital photos and digitised signatures (s 36F(3)). Part 4D prevails over Part 4C or another law to the extent of inconsistency (s 28ER). The chief executive may disclose information about prescribed authorities for the document verification service (s 28EK). Identity information may be shared with host agencies and participating entities for permitted purposes (s 28EM-28EO).

Part 4E (digital authorities) interacts with any Act that requires or permits a person to produce a relevant authority, a document to evidence age, or a document to evidence identity. Displaying the digital version is taken to produce the physical document (ss 29AH, 29AI). The approved app is approved by the chief executive by notice on the department’s website (s 29AF).

Part 5 (review and appeals) applies when a transport Act states that this part applies. It provides a structured review process that overrides or supplements internal review mechanisms in other transport Acts. Appeals are to QCAT or a specified court, and the court is not bound by the rules of evidence (s 36B(1)(b)). The appeal court’s substituted decision is taken to be that of the original decision maker (s 36C).

The regulation-making power in s 38 allows the Governor in Council to make regulations about codes for Part 2A activities, compensation, and administration of digital authorities. The delegation power in s 37 allows the Minister or chief executive to delegate functions, with subdelegation possible if allowed. Proof of delegation is not required unless challenged at least 10 business days before hearing (s 37(3)-(4)).

The Act has been amended numerous times since its enactment. Key amendments include: the insertion of s 8 in 1995 by Act No. 9, which added the directory-only provision for Part 2 and the ouster of judicial review. In 1995, Act No. 48 inserted former Part 3 (s 9-21) which was later omitted entirely by Act No. 32 of 2008, along with other provisions. Part 2A (land use and transport coordination) was inserted by Act No. 40 of 2004, with subsequent amendments in 2005, 2007, 2008, 2009, 2010, 2016, 2017, and 2019. Notably, s 8C (road works) was substituted in 2017 by Act No. 25, and s 8D (change of management) was amended multiple times.

Part 4C (biometric data) was inserted by Act No. 14 of 2015, absorbing provisions that previously existed in other transport Acts. This was a significant consolidation. Part 4D (national identity matching services) was inserted by Act No. 2 of 2018. Part 4E (digital authorities) was inserted by Act No. 21 of 2020, with amendments in 2024 to include recognised country authorities. The transitional provisions in Part 7 have been added over time (divisions for 2014, 2015, 2017, 2018, 2020, and 2022 amendments). Section 28E’s definition of shelf life was amended in 2022 by Act No. 19 to extend the period for photos taken at age 15 or more from 5 to 10 years, and for those under 15 from 3 to 5 years. Sections 37A (annual reporting on digital photo access) was inserted in 2015 and omitted in 2018. The busway provisions in Part 4A (s 28A-28C) were inserted in 2000 and amended in 2007, 2008, 2013, and 2017. Part 4B (local government tollways) was inserted in 2005. The transport easement for support provisions (Division 2 of Part 4) were inserted in 2014.

These amendments reflect evolving policy priorities: from initial strategic planning, to land use integration, to biometric identity management, to digital authorities.

The source text of the Act does not cite any cases, and no litigation history can be derived from the Act itself. However, the Act’s structure strongly suggests that litigation under it is rare or limited. Section 8 expressly excludes decisions made under Part 2 (transport coordination plan) from review under the Judicial Review Act 1991 and from any writ or order of the Supreme Court or other tribunal. This ouster clause would prevent any challenge to the content or development of transport coordination plans. Similarly, decisions made under Part 2 are final and conclusive, and cannot be called into question. This likely explains why there is no reported case law on Part 2.

Part 5 provides an internal review and appeal mechanism for decisions under transport Acts that adopt this part. Appeals go to QCAT or a stated court. The appeal court’s powers include rehearing and substituting decisions. The Act does not name any specific case; the only relevant reference is to the Judicial Review Act 1991 and the QCAT Act. Practitioners should check case law under specific transport Acts (e.g., Transport Operations (Road Use Management) Act 1995) for decisions that were reviewed under Part 5 of this Act. The confidentiality offence in s 36GA and the misuse of identity information offence in s 28EQ may have been prosecuted but no cases are cited.

The transport easement for support provisions (Part 4 Division 2) are relatively new (2014) and create statutory easements with rights and liabilities. The provision that in a proceeding, s 28AE(3) is to be read in favour of the owner of the benefited land (s 28AE(5)) may give rise to disputes over support maintenance. Section 28AH binds successors in title, which could lead to litigation over positive and negative covenants.

Overall, the Act is largely administrative and facilitative, and the ouster of review for planning decisions means litigation is concentrated in specific decision-making under other Acts rather than under this Act itself.

Several provisions contain traps for the unwary. The most significant is s 8: Part 2 is directory only and does not create rights or impose legally enforceable obligations. A person cannot sue the State or the chief executive for failing to develop a plan or for a deficient plan. Decisions under Part 2 are final and not reviewable. This means strategic planning under the Act is effectively policy, not law.

For local governments, s 8C imposes a direct obligation to comply with road works guidelines, with a maximum penalty of 10 penalty units. The guideline may require specific actions when works affect public passenger transport infrastructure. The 21-day notification requirement under s 8C(3) is mandatory; failure to notify may be a breach even if the guideline is otherwise complied with. Under s 8D, a local government must apply to the chief executive for approval before making a change to management of a local government road that would have a significant adverse impact on a scheduled passenger service. The application must be made at least 21 days before the change. If the chief executive does not decide within 21 days, the change is deemed approved (s 8D(6)), but this deeming only applies if no notice extending time is given. Emergency exemptions exist but are narrow (s 8D(8)(b)).

For persons applying for prescribed authorities, s 28EA requires the applicant to allow the chief executive to take a digital photo and digitised signature. This is mandatory; failure to comply means the administrator for a transport Act must refuse to consider the application (s 28EA(5)). Even if the applicant withdraws the application, the requirement does not apply, but if the photo and signature have already been taken, they may still be retained under certain retention periods. The shelf life of a digital photo is 10 years if taken at 15 or older, 5 years if younger (s 28E). Shelf life can be extended by no more than six months total (s 28EB). The retention period for granted applications is 30 years after creation date (s 28EH(2)(a)). This means biometric data is kept for a long time.

The misuse of identity information offence under s 28EQ applies to anyone who collects, uses or discloses relevant identity information for a purpose other than a permitted purpose. The penalty is 100 penalty units. The definition of “relevant identity information” covers information disclosed by the chief executive under Part 4D and obtained by operation of an identity matching service. This means even a government employee who uses such information in an unauthorised way commits an offence.

Confidentiality under s 36GA applies to information gained through involvement in administration of the Act. The maximum penalty is 200 penalty units. Defences include disclosure in discharge of a function under the Act, or with authorisation. Note that the definition of “disclose information” includes allowing access to the information (s 36GA(5)). A person who leaves a screen with biometric data visible could potentially be in breach.

The transport easement for support provisions create significant obligations on owners of burdened land. Under s 28AE(3), the owner must do all things necessary to maintain support and must not remove or change support without the consent of the owner of the benefited land. A breach may result in the benefited land owner recovering the cost of maintaining or replacing support as a debt (s 28AE(4)). The easement binds successors in title (s 28AH). Note that a transport easement for support may only be created if the benefited land is transport land (s 28AC(2)(b)), but the definition of transport land includes proposed land for transport purposes.

Finally, the ownership of transport land: the chief executive may acquire land even if the time when it will be required is indefinite (s 26). The Minister can change the purpose of transport land by gazette notice (s 26A), and this does not give a right to compensation, though any existing compensation rights are preserved (s 26A(5)-(6)). Land that is no longer required must be offered to the former owner within seven years (s 27A). Failure to offer within that time may not affect the title of a subsequent purchaser (s 27A(13)), but the chief executive may still be liable for failure to follow procedure.

Compliance with the Act depends on the role of the entity or person.

For the chief executive, the primary duty is to develop transport coordination plans from time to time, ensuring they meet the content requirements of s 5 and the consistency requirements of s 6. Public consultation must be undertaken (s 4(2)). Plans must be tabled in the Legislative Assembly (s 7). Guidelines under s 8E must be provided to affected local governments; guidelines for road works must be published on the department’s website (s 8E(4)). The chief executive must also consider Part 2A objectives when acting as a referral agency under the Planning Act (s 8B). For biometric data, the chief executive must ensure that taking and keeping of digital photos and digitised signatures complies with the conditions in s 28EA, and that retention periods, shelf life extensions, and deletion requirements are followed (ss 28EB, 28EE, 28EH). Access to digital photos must be restricted to authorised persons and for permitted purposes (s 28ED). The chief executive must also comply with the review and appeal provisions in Part 5, making decisions within 28 days on applications for review, and providing decision notices that comply with s 34.

For local governments, compliance requires awareness of Part 2A. Before carrying out road works on a road identified in a road works guideline, the local government must ensure that the person undertaking the works complies with the guideline (s 8C(2)). If the local government knows the works will restrict or limit access to public passenger service or infrastructure, it must notify the chief executive in writing at least 21 days before the works start (s 8C(3)). Before making any change to the management of a local government road that would have a significant adverse impact on a scheduled passenger service, the local government must apply to the chief executive for written approval at least 21 days before the change takes effect (s 8D(2)-(3)). The application must be made in writing. If the chief executive approves with conditions, those conditions must be followed. If the chief executive does not respond within 21 days (or extended period), the change is deemed approved (s 8D(6)). However, compliance with the deemed approval does not exempt the local government from notifying the chief executive if later circumstances change. Local governments should also have regard to any relevant Part 2A guidelines when making changes to road management (s 8E(3)). When acquiring land for tollway projects under Part 4B, the local government must follow the Acquisition of Land Act 1967 procedures (s 28D).

For individuals applying for prescribed authorities, the key compliance requirement is to allow the chief executive to take a digital photo and digitised signature (s 28EA(1)). This is a condition of the application. If existing biometric data has not expired and is a true likeness, the applicant may not need to provide new data (s 28EA(3)). If the applicant withdraws the application, the requirement ceases (s 28EA(2)). Once taken, the person may access their own digital photo upon application (s 28ED(1)). The person should ensure they do not allow unauthorised access to their smartcard identification authority (s 28EG). The person may use a digital authority or digital evidence of age/identity as legal evidence, but must refresh the display if requested (s 29AH(3)(b), s 29AI(3)(b)).

For persons handling identity information under Part 4D, compliance requires ensuring that any collection, use or disclosure of identity information obtained from an identity matching service is only for a permitted purpose as listed in s 28EP(2). This list includes crime prevention, national security, road safety, identity verification with consent, and disaster events. Any use outside these purposes is an offence (s 28EQ). The host agency and participating entities must also comply with the purpose limitation.

For any person who obtains information through administration of the Act, s 36GA requires that they not disclose, record or use that information except in discharge of a function under the Act, or with authorisation (by another Act, regulation, or the person to whom it relates), or in a proceeding. Disclosure to administrators of non-transport prescribed authorisation Acts is allowed if relevant to an application or if the information suggests an offence (s 36GA(3)). Digital photos and digitised signatures cannot be disclosed under that subsection.