Queensland TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT BILL 2000 Queensland oh TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT BILL 2000 TABLE OF PROVISIONS Section Page onan un ff WwW 11 PART 1—PRELIMINARY Short title 2.0... eee eee 10 Commencement... 0.0.0... 6c cece eee eee 10 PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 Act amended in pt2 ...... cece cece cece eee teens 10 Amendment of s 2 (Objectives of this Act)..........0...0...0.00000. 10 Amendment of s 22 (Definitions for ch 5)..............0..0 0.000000. 11 Amendment of s 75 (Scope of chapter)... 0.6.02... 0.0 eee eee eee eee 11 Amendment of s 84 (Granting accreditation) ....................00.. 12 Amendment of s 88 (Amending accreditation conditions on application) ........ 0... eee eee 12 Amendment of s 89 (Amending accreditation conditions without application) ........ 0... eee eee 12 Amendment of s 90 (Suspending or cancelling accreditation) .......... 13 Amendment of s 91 (Immediate suspension of accreditation) ........... 13 Insertion of new chs 7A—7C ... 2. eee 13 CHAPTER 7A—BUSWAYS AND BUSWAY TRANSPORT INFRASTRUCTURE PART 1—PRELIMINARY 180A Definition for ch 7A... 6.6.6. cece eee 14 180B Ways of achieving busway objectives ............... 0000 eee ee 14 PART 2—CHIEF EXECUTIVE'S FUNCTIONS AND POWERS 180C Functions .......... 066 ccc 15 Transport (Busway and Light Rail) Amendment 180D Authority to enter or temporarily occupy or use land............ 15 180E When land may be entered, occupied or used ................. 16 180F Compensation ..........0. 66 e tte 17 PART 3—ESTABLISHMENT OF BUSWAYS 180G Definition for pt 3.2... 6.6... cette tees 18 180H Declaration of land as busway land...............-- 00000000 18 1801 Effect on land of busway declaration................0002-0005 18 180J_ Development of busway and busway transport infrastructure ...... 19 PART 4—MANAGEMENT OF BUSWAY LAND AND BUSWAY TRANSPORT INFRASTRUCTURE Division 1—Transport infrastructure interaction 180K Altering road levels by a local government.................--. 19 180L Permitted construction by local government of roads over or under busway land ..... 0.0.6... cece eee 20 180M _ Designation of busway land for use as road under local government control ........... 0.0... 21 180N Designation of busway land for use as State-controlled road...... 22 1800 No presumption of dedication of road .............. 0.000 ee ee 22 Division 2—Interfering with busway transport infrastructure 180P Interfering with busway transport infrastructure................. 23 180Q Rectifying unauthorised interference or works ................. 24 Division 3—Public utility plant 180R Definition for div 3.2.2... 0... eee tee eee 24 180S_ Retention of ownership of public utility plant.................. 25 180T Public utility plant on busway land ..................0000005 25 180U_ Chief executive must give provider information................ 26 180V Public utility provider to consult with chief executive before replacing public utility plant...................000000, 26 180W Public utility provider to comply with chief executive's agreeMent . 1... eee eens 26 180X Chief executive may require public utility provider to alter position of public utility plant..................0.. 0c eee eee 27 180Y Information by public utility provider to chief executive......... 27 Transport (Busway and Light Rail) Amendment 180Z Liability for damage caused by failure to comply with request for information ............... 0c e eee e eee e eee 27 180ZA Liability for damage caused by failure to give enough detail about location of public utility plant ...................00000. 28 180ZB Liability for damage caused because of failure to comply with chief executive's requirements ............00 0.0 c cece eee 28 180ZC Liability of public utility provider to pay additional expenses incurred by chief executive... 0.0... 6... 29 180ZD Replacement or reconstruction of public utility plant ........... 29 Division 4—Use of busway land 180ZE Trespass on busway land. ............ 0.000 e cece eee 30 Division 5—Compensation entitlements 180ZF Definitions for div5 . 2.2... 0... eee eee 31 180ZG No entitlement to compensation for particular matters .......... 31 180ZH Compensation for reduced market value of interest inland ...... 32 180ZI Compensation of person in actual occupation for interference with enjoyment of land .......... 0... cece eee 33 180ZJ Chief executive may supply or contribute to new access arrangementS .... 2.6... eens 34 180ZK Obtaining compensation ........... 0.0 34 CHAPTER 7B—LIGHT RAIL AND LIGHT RAIL TRANSPORT INFRASTRUCTURE PART 1—PRELIMINARY 180ZL Definition for ch 7B... eee eee 35 180ZM Ways of achieving light rail objectives ................00005 36 PART 2—CHIEF EXECUTIVE'S FUNCTIONS AND POWERS 180ZN Functions ....... 00.0.6 36 180ZO Authority to enter or temporarily occupy or use land............ 37 180ZP When land may be entered, occupied or used ................. 37 180ZQ Compensation ....... 20... eects 38 PART 3—ESTABLISHMENT OF LIGHT RAIL 180ZR Definition for pt 3 2... eet eee eee 39 180ZS Declaration of land as light rail land.................-.000005 39 180ZT Effect on land of light rail declaration. ..................0-00. 40 Transport (Busway and Light Rail) Amendment 180ZU Sublease of lease of light rail land ....................00005. 41 180ZV Development of light rail and light rail transport infrastructure ... 42 PART 4—MANAGEMENT OF LIGHT RAIL LAND AND LIGHT RAIL TRANSPORT INFRASTRUCTURE Division 1—Transport infrastructure interaction 180ZW Altering road levels by a local government.................-. 43 180ZX Permitted construction by local government of roads over or under light rail land... 2... 6.6... occ eee eee 43 180ZY Designation of light rail land for use as road under local government control ........... 0.0... 44 180ZZ Designation of light rail land for use as State-controlled road... .. 45 180ZZA No presumption of dedication of road. .............0022-000- 46 Division 2—Interfering with light rail transport infrastructure 180ZZB Interfering with light rail transport infrastructure .............. 47 180ZZC Rectifying unauthorised interference or works ..............-. 48 Division 3—Public utility plant 180ZZD Definitions for div3 2.1.0.0... 6c eee eee eee 49 180ZZE Retention of ownership of public utility plant................. 49 180ZZF Public utility plant on light rail land....................00-. 50 180ZZG Chief executive must give provider information .............. 50 180ZZH Public utility provider to consult with chief executive before replacing public utility plant.............. 0.00. cece eee eee 51 180ZZI Public utility provider to comply with light rail authority's agreeMent . 1... eee eens 51 180ZZJ Chief executive may require public utility provider to alter position of public utility plant..................0.. 0c eee eee 52 180ZZK Information by public utility provider to chief executive ....... 52 180ZZL Liability for damage caused by failure to comply with request for information ......... 06... 52 180ZZM Liability for damage caused by failure to give enough detail about location of public utility plant ...................00000. 53 180ZZN Liability for damage caused because of failure to comply with light rail authority's requirements ................0 00000 eee 53 180ZZO Liability of public utility provider to pay additional expenses incurred by light rail authority ............ 0... e cece eee eee ee 54 Transport (Busway and Light Rail) Amendment 180ZZP Replacement or reconstruction of public utility plant .......... 54 Division 4—Use of light rail land 180ZZQ Trespass on light rail land ........ 0... eee 55 Division 5—Compensation entitlements 180ZZR Definitions for div5 ........ 6... ee eee ee 56 180ZZS No entitlement to compensation for particular matters ......... 57 180ZZT Compensation for reduced market value of interest inland ..... 57 180ZZU Compensation of person in actual occupation for interference with enjoyment of land .......... 0... cece eee 58 180ZZV Chief executive may supply or contribute to new access arrangementS .... 2.6... eens 59 180ZZW Obtaining compensation ........... 6... cece eee eee eee 60 PART 5—ACCREDITATION PROVISIONS FOR LIGHT RAIL 180ZZX Reference to light rail in pt5............. 0. cece eee eee eee 60 180ZZY Accreditation of managers and operators .................005. 61 180ZZZ Applications for accreditation ............... 0 eee eee 61 180ZZZA Additional information for applications .................... 61 180ZZZB Giving accreditation ............ 0.0.0 c cece cece eee eee ee 62 180ZZZC Annual levy ...... 6.06... c cece cee eee 64 180ZZZD Accreditation conditions .......... 66... cece ee eee eee 64 180ZZZE Requiring accreditation conditions to be complied with....... 65 180ZZZF Accreditation period .... 6.6.0... eee eee eee eee 65 180ZZZG Amending accreditation conditions on application........... 66 180ZZZH Amending accreditation conditions without application....... 66 180ZZZI Suspending or cancelling accreditation...................-5 67 180ZZZJ Immediate suspension of accreditation .................005 69 180ZZZK Limited suspension of accreditation.................000005 69 180ZZZL Surrender of accreditation .......... 0... c cece eee eee 70 180ZZZM Accreditation for proposed light rail....................04. 70 PART 6—LIGHT RAIL INCIDENTS 180ZZZN Application of ch 6, pt 6 and other provisions............... 70 Transport (Busway and Light Rail) Amendment 161921 CHAPTER 7C—INVESTIGATING POTENTIAL BUSWAY OR LIGHT RAIL 180ZZZO Purpose of ch TC... 1. eet eee 180ZZZP Definitions for ch 7C ... 2.6... eee eee 180ZZZQ How to apply for investigator's authority ................... 180ZZZR Additional information about application................... 180ZZZS Giving investigator's authority .................0 0c cece eee 180ZZZT Investigator's authority... 2.00... eee 180ZZZU What investigator must do before land is entered for the first TIME 6 eee tte ee 180ZZZV Investigator to issue associated person with identification ..... 180ZZZW Pretending to be an investigator or associated person........ 180ZZZX Investigator to take care in acting under investigator's authority 2.20... eee eee 180ZZZY Rectification of damage by investigator.................--. 180ZZZZ Compensation payable by investigator..................6-5 180ZZZZA Release of bond or security deposit ...............0000005 180ZZZZB Use of bond or security deposit to repair or rectify.......... Amendment of s 181A (Meaning of "miscellaneous transport infrastructure"). 0... 0... eee eee tceet nen e nee eens Insertion of new s 199A... 6... eee ee 199A Approved forms ........ cece cece cee eee eee ees Amendment of sch 1 (Subject matter for regulations) ................. Amendment of sch 2 (Appeals) .........0....0 000000 e eee eee eee Amendment of sch 3 (Dictionary) ............... 0.000200... 0002s PART 3—AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 Act amended in pt3 2... 6... eect tee eee Amendment of ch 11, pt2 hdg...........0 0.0.0. eee eee eee Amendment of s 116 (Appointment of authorised persons for railways) . . . Amendment of s 117 (Identity cards) ..........0.. 0000000000000 220 Amendment of s 118 (Producing or displaying authorised person's identity card) 2.0... 22. eee eee eee Amendment of s 119 (Protection from liability) ...................... Transport (Busway and Light Rail) Amendment 26 2831 Amendment of s 155 (Regulations) ...........0...0..00..00 20000000. PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 Act amended in pt4 ...... 2... eee ee Amendment of s 171 (Regulation-making power) .................... PART 5—AMENDMENT OF TRANSPORT PLANNING AND COORDINATION ACT 1994 Act amended in pt 5 2.2... cece cece eee ete ee Amendment of s 3 (Definitions) .............0...00...0 000.0002 e ee Amendment of s 23 (Functions of chief executive not limited by implication) .......... 0... ee eee eee Amendment of s 25 (General powers regarding property) .............. Insertion of new s 26A ... 2.6... e cece eee ene 26A Changing requirement for transport land ...................055 Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land to transport GOC etc.) ............0...0004. A BILL FOR An Act to amend Acts administered by the Minister for Transport and Minister for Main Roads Clause Clause Clause Clause sl 10 s4 Transport (Busway and Light Rail) Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Transport (Busway and Light Rail) Amendment Act 2000. Commencement 2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 Act amended in pt 2 3. This part amends the Transport Infrastructure Act 1994. Amendment of s 2 (Objectives of this Act) 4. Section 2(2)— insert— '(h) for busways and light rail—to establish a regime for each that— (1) contributes to overall transport effectiveness and efficiency; and (11) provides for safely constructed, managed and operated infrastructure; and (11) is responsive to community needs; and 11 1315 17 19 Clause Clause s5 11 $6 Transport (Busway and Light Rail) Amendment (i) (iv) offers an appealing alternative to private transport in a way that takes into account overall environmental, economic and social influences of transport; and (v) addresses the challenges of future growth; and (vi) provides busway and light rail transport infrastructure and passenger services at a reasonable cost to the community and government; and (vii) results in minimal interference with access to and from the road network, but provides for reasonable compensation for interference; and (vili)encourages the facilitation and use of public transport; and (ix) gives priority to public transport over private vehicles; and for light rail—to establish a regime that provides for— (i) flexibility in the choice between private and_ public construction and management; and (11) land tenure arrangements allowing private management to be established on a sound financial basis.'. Amendment of s 22 (Definitions for ch 5) 5. Section 22, definitions "plant" and "public utility plant"— omit. Amendment of s 75 (Scope of chapter) 6. Section 75(2)(— omit, insert— "(f) light rail or light rail transport infrastructure; or'. SOM ND F WNeH See ee Ww NS = ee AR ee Na 192224 s7 12 s9 Transport (Busway and Light Rail) Amendment Amendment of s 84 (Granting accreditation) Clause 7.(1) Section 84(6)(c)(1i1) and (7)(c)— omit. (2) Section 84— insert— "(8) Written notice of a decision given under subsection (6) or (7) must be accompanied by an information notice for the decision.'. Amendment of s 88 (Amending accreditation conditions on application) Clause 8.(1) Section 88(5)(c)— omit. (2) Section 88(6)— renumber as section 88(7). (3) Section 88— insert— "(6) The written notice must be accompanied by an information notice for the decision.'. Amendment of s 89 (Amending accreditation conditions without application) Clause 9.(1) Section 89(5)(c)— omit. (2) Section 89(7), 'subsection (6)'— omit, insert— "subsection (7)'. (3) Section 89(6) and (7)— renumber as section 89(7) and (8). ND UU fF W WN o 111315 17 19 212326 Clause Clause Clause s10 13 $12 Transport (Busway and Light Rail) Amendment (4) Section 89— insert— "(6) If subsection (5) applies, written notice of the decision given under subsections (4) and (5) must be accompanied by an information notice for the decision.'. Amendment of s 90 (Suspending or cancelling accreditation) 10.(1) Section 90(5), from 'state—' omit, insert— "state the reason for the decision.'. (2) Section 90(7)— omit, insert— "(7) The notice must state the reason for the decision. "(8) Written notice of a decision given under subsections (4) and (5) or (6) and (7) must be accompanied by an information notice for the decision.'. Amendment of s 91 (Immediate suspension of accreditation) 11. Section 91(3)— omit, insert— "(3) The notice must state the reason for the decision and must be accompanied by an information notice for the decision.'. Insertion of new chs 7A—7C 12. After section 180— insert— aA pW NN Nowe ES Mon 11141720 22 $12 14 $12 Transport (Busway and Light Rail) Amendment 'CHAPTER 7A—BUSWAYS AND BUSWAY TRANSPORT INFRASTRUCTURE 'PART 1—PRELIMINARY 'Definition for ch 7A "180A. In this chapter— "construction", of busway transport infrastructure, includes each of the following for the infrastructure, to the extent it involves the development of the busway transport infrastructure— (a) initial construction; (b) improvement of its standard; (c) realignment; (d) widening; (e) extension to accommodate the extension of a busway. "Ways of achieving busway objectives '180B. The objectives of this Act for busways are intended to be achieved by— (a) developing and putting into effect busway transport infrastructure strategies; and (b) establishing a legal framework to allow the construction, maintenance, management and operation of busway transport infrastructure in an effective and efficient way. C0 OND WwW gp 1113 16 18 20 s12 15 $12 Transport (Busway and Light Rail) Amendment 'PART 2—CHIEF EXECUTIVE'S FUNCTIONS AND POWERS 'Functions "180C. The chief executive has the following functions in relation to busways, including proposed busways, and busway transport infrastructure, including proposed busway transport infrastructure— (a) investigating, planning, establishing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, maintain, manage or operate; (b) providing or arranging for associated services or works necessary (c) or convenient for effective and efficient construction, management and operation; efficiently integrating with any transport infrastructure, including light rail transport infrastructure; (d) providing for appropriate levels of safety in construction, (e) management and operation; doing other things that directly or indirectly — (i) are likely to enhance the provision of busway transport infrastructure and passenger services on busways; or (11) are incidental or complementary to the performance of another function. 'Authority to enter or temporarily occupy or use land "180D.(1) For the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may— (a) do 1 or more of the following in relation to land— (i) enter the land, whether or not for temporarily occupying or using the land; (11) temporarily occupy the land; (111) temporarily use the land; and 24 27 29 $12 16 $12 Transport (Busway and Light Rail) Amendment (b) do anything on the land necessary or convenient for the function, including, for example, for busway transport infrastructure works. "(2) However, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator's authority under chapter 7C. "When land may be entered, occupied or used "180E.(1) This section applies if a person proposes to enter, occupy or use land under this part. '(2) The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of busway transport infrastructure. "(3) However, the person must, if practicable, notify the occupier orally or in writing before entering the land. "(4) If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person— (a) obtains the written permission of— (1) each person who is an owner of the land; and (11) each person who is an occupier of the land; or (b) gives at least 7 days written notice to the occupier before the entry, occupation or use. "(5) The notice under subsection (4)(b) must state— (a) all works proposed to be performed; and (b) all uses proposed to be made of the land; and (c) details of anything else proposed to be done on the land; and (d) the approximate period when occupation or use is expected to continue; and (e) an owner or occupier of the land may claim compensation from Dunk WpNe 1113 15 172023 2527 29 s12 17 s12 Transport (Busway and Light Rail) Amendment the chief executive for loss or damage caused by the entry, occupation or use. "(6) A notice may be given under this section even though it is proposed to resume the land for busway transport infrastructure. "(7) Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land. "Compensation "180F.(1) This section applies if land is entered, occupied or used under this part. "(2) An owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials. "(3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— (a) after the loss or damage happens, but within | year after the entry, occupation or use ends; or (b) ata later time allowed by the chief executive. "(4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court. "(5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. "(6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired. NNW RW Ne 1215 17 2022 2427 $12 18 $12 Transport (Busway and Light Rail) Amendment 'PART 3—ESTABLISHMENT OF BUSWAYS 'Definition for pt 3 "180G. In this part— "road" means a road under the Land Act 1994, but does not include a State-controlled road. 'Declaration of land as busway land "180H.(1) The Minister may, by gazette notice, declare land to be busway land. "(2) Land declared to be busway land— (a) must be— (i) identified specifically in the gazette notice; or (11) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and (b) must consist only of land for a busway and necessary busway transport infrastructure. "(3) The identification of land declared to be busway land may, but need not, be by reference to strata occupied by the land. "(4) Land may be declared to be busway land only if it is— (a) land acquired by the State or the chief executive for busway purposes, including for busway transport infrastructure; or (b) aroad. 'Effect on land of busway declaration "1801.(1) If a road or a part of a road is declared under this part to be busway land, the road or part— (a) stops being a road; and ABR WwW wp 26 $12 19 $12 Transport (Busway and Light Rail) Amendment (b) becomes unallocated State land. '(2) Ifa lot or a part of a lot under the Land Title Act 1994 is declared under this part to be busway land, the lot or part becomes unallocated State land. '(3) Busway land can not be declared under section 23 to be a State-controlled road. '(4) The Governor in Council must lease busway land that is unallocated State land to the State under the Land Act 1994, section 17.! '(5) The lease is in perpetuity and, if demanded, for a rent of $1 a year. 'Development of busway and busway transport infrastructure '180J.(1) This section applies to the establishment of a busway, including any investigating, planning, maintaining, managing, operating, and arranging for the busway or for busway transport infrastructure for the busway. '(2) Nothing in this chapter is intended to affect the operation of the Integrated Planning Act 1997 to the extent that the establishment of the busway is development under that Act. 'PART 4—MANAGEMENT OF BUSWAY LAND AND BUSWAY TRANSPORT INFRASTRUCTURE 'Division 1—Transport infrastructure interaction 'Altering road levels by a local government '180K.(1) The chief executive may require a local government having control of a road to alter the level of the road for— 1 Land Act 1994, section 17 (Granting land to the State) SC ON AN BPwWwWhd 1214 1619 23 s12 20 s12 Transport (Busway and Light Rail) Amendment (a) (b) busway transport infrastructure works; or the management or operation of a busway. "(2) However, the chief executive— (a) (b) must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level. "(3) The local government must comply with the chief executive's requirement. 'Permitted construction by local government of roads over or under busway land "180L.(1) Despite section 180I(1), the chief executive may permit a local government to construct, maintain and operate a road located on busway land, consisting of — (a) (b) a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or a structure allowing traffic to pass under the level at which buses use the busway land. '(2) The permission may be given on reasonable conditions. "(3) In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the busway land for busway passenger services. "(4) While the bridge or other structure is being used for the road— (a) (b) neither the chief executive nor any person the chief executive has permitted to operate a bus using the busway land has any duty or liability for the road or its use or operation; and the road is taken to be a road of which the local government has control under the Local Government Act 1993, section 901(1); and Fo UOUAON DAWN WY ND ee 13 1518 20 232730 $12 21 $12 Transport (Busway and Light Rail) Amendment (c) the road is taken to be a road under any Act about the use of vehicles on a road. "(5) Unless the chief executive and the local government otherwise agree— (a) the local government is responsible for maintaining the road and the bridge or other structure; and (b) if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the busway land. 'Designation of busway land for use as road under local government control "180M.(1) Despite section 180I(1), the chief executive may, by gazette notice, designate busway land described in the notice as busway land that is to be used as a road under a local government's control. "(2) The chief executive must also— (a) give a copy of the notice to the local government; and (b) publish a copy of the notice in a newspaper circulating generally in the area of the busway land. "(3) The land described in the notice must be land generally suitable for both of the following— (a) use as a road; (b) the operation of a busway. "(4) The notice may include directions with which the local government must comply, including directions about the local government's exercise of powers under the Local Government Act 1993 for roads it controls. "(5) However, the chief executive must consult with the local government before including any directions in the notice. "(6) While the notice is in force, the land described in the notice is taken to be— (a) aroad of which the local government has control under the Local CornNr AWN BPW NYE 1316 18 20 22 2427 29 $12 22 $12 Transport (Busway and Light Rail) Amendment Government Act 1993, section 901(1); and (b) aroad under any Act about the use of vehicles on a road. "(7) However, in taking the necessary steps mentioned in the Local Government Act 1993, section 901(2), the local government must comply with all directions included in the notice, including the notice as amended from time to time. 'Designation of busway land for use as State-controlled road "180N.(1) Despite section 180I(1), the Minister may, by gazette notice, designate busway land described in the notice as busway land to be used as a State-controlled road. '(2) The Minister must also publish a copy of the notice in a newspaper circulating generally in the area of the busway land. "(3) The land described in the notice must be land generally suitable for both of the following— (a) use as a State-controlled road; (b) the operation of a busway. "(4) The notice may include operational arrangements applying to the use of the busway land as a State-controlled road. "(5) While the notice is in force, the land described in the notice is, except to the extent provided for in the notice, taken to be— (a) a State-controlled road for the provisions of this Act, other than chapter 5, part 2, division | and part 5, division 3, and of any other Act applying to State-controlled roads; and (b) aroad under any Act about the use of vehicles on a road. "No presumption of dedication of road "1800.(1) This section applies if the public uses busway land as a road, or for access purposes other than as a road. "(2) The busway land does not at law, either because the use is authorised Nn pw WN 12 14 16 18 20 2227 $12 23 $12 Transport (Busway and Light Rail) Amendment or permitted by the chief executive or for another reason, become dedicated to public use as a road. 'Division 2—Interfering with busway transport infrastructure 'Interfering with busway transport infrastructure "180P.(1) A person must not interfere with or carry out works on busway transport infrastructure unless— (a) the person has the written approval of the chief executive; or (b) the interference or works are for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the busway transport infrastructure; or (c) the interference or works are otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units. '(2) Subsection (1) applies even if the interference or works are for the carrying out of functions that apart from subsection (1) are lawful on busway land that, under division 1, is taken to be— (a) aroad of which a local government has control under the Local Government Act 1993, section 901(1); or (b) a State-controlled road for provisions of any Act applying to State-controlled roads. "(3) An approval under subsection (1)(a) may be given on reasonable conditions. "(4) The person given the approval must comply with the conditions of the approval. Maximum penalty—40 penalty units. "(5) Subsection (1) does not apply to the carrying out of urgent maintenance of a busway or busway transport infrastructure. FBPouwum XA DAN A ee ee wn os eee Nauwn a \©o NN re Oo NN wh NN ns N a 28 $12 24 $12 Transport (Busway and Light Rail) Amendment 'Rectifying unauthorised interference or works "180Q.(1) This section applies if a person (the "identified person") interferes with or carries out works on busway transport infrastructure in contravention of section 180P(1). "(2) The chief executive may, by written notice given to the identified person, require the person to rectify the interference, or the effect of the carrying out of the works, within a stated reasonable time. "(3) The identified person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—40 penalty units. "(4) If the identified person does not comply with the notice, the chief executive may rectify the interference or the effect of the carrying out of the works. "(5) The identified person must pay the amount of the chief executive's reasonable costs of— (a) rectifying the interference or the effect of the carrying out of the works; or (b) changing the way the busway transport infrastructure is built, maintained or operated because of the interference or the effect of the carrying out of the works. "(6) The chief executive may recover the amount as a debt. "(7) In this section— "rectify the interference" includes the following— (a) alter, dismantle or take away works; (b) fix damage caused by the interference. 'Division 3—Public utility plant 'Definition for div 3 "180R. In this division— CO IYDUN BWNH LY e Oo eee Wpore Ree ns ee Na Nee SOM Ny NY NY NY NY nA FB Ww NH eS 28 s12 25 s12 Transport (Busway and Light Rail) Amendment "busway land" means busway land that, when declared under this chapter to be busway land, was a road or part of a road. 'Retention of ownership of public utility plant "180S.(1) This section applies if, immediately before the declaration of land as busway land public utility plant is located on the land. '(2) The declaration does not affect the ownership of the public utility plant. 'Public utility plant on busway land "180T.(1) A public utility provider may do the following things on busway land— (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; (b) maintain or repair, or alter, for maintenance or repair, its public utility plant; (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant. '(2) However, the provider may do things mentioned in subsection (1) only if the chief executive agrees in writing. "(3) The chief executive must not unreasonably withhold agreement. "(4) Despite subsection (2), a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on busway land without the written agreement of the chief executive, but only if the provider— (a) makes all reasonable attempts to obtain the chief executive's oral agreement to the carrying out of the maintenance; and (b) whether or not the chief executive's oral agreement is obtained, acts as quickly as possible to advise the chief executive of the details of the maintenance being carried out. ND ne Ww 12 14 1619 2224 26 28 $12 26 $12 Transport (Busway and Light Rail) Amendment "(5) Building or altering public utility plant under subsection (1)(a) does not affect the ownership of the plant. 'Chief executive must give provider information "180U. If asked in writing by a public utility provider, the chief executive must give the provider information about lines and levels for planned busway transport infrastructure on busway land necessary to enable the provider to minimise possible adverse affects of the establishment of the infrastructure on the provider's works. 'Public utility provider to consult with chief executive before replacing public utility plant "180V.(1) If a public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on busway land, the provider must, before seeking written agreement under section 180T, consult with the chief executive. '(2) The object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the busway land. 'Public utility provider to comply with chief executive's agreement "180W.(1) This section applies if, in relation to busway land, a public utility provider does something mentioned in section 180T(1) (the "relevant action")— (a) without the written or oral agreement of the chief executive required under section 180T; or (b) ina way inconsistent with an agreement with the chief executive; or (c) in a way inconsistent with a regulation about how things mentioned in section 180T(1) are to be done. "(2) The chief executive may, by written notice given to the public utility provider, require the provider, at the provider's cost, and within the time Ne CADNF WwW 1214 162023 25 27 29 s12 27 s12 Transport (Busway and Light Rail) Amendment stated in the notice, to take action to remedy the relevant action. "(3) The time stated in the notice must be a time that is reasonable in the circumstances. "(4) If the provider does not comply with the notice, the chief executive may arrange for action the chief executive considers necessary to remedy the relevant action. "(5) The chief executive's reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the chief executive. "Chief executive may require public utility provider to alter position of public utility plant "180X.(1) The chief executive may require a public utility provider to alter the position of the provider's public utility plant on busway land if the chief executive considers that the plant will interfere with the exercise of the chief executive's powers for the busway land. '(2) The chief executive is responsible only for the cost of altering the position of the public utility plant. 'Information by public utility provider to chief executive "180Y.(1) If, in relation to public utility plant on busway land, a public utility provider does something mentioned in section 180T(1), the provider must prepare records adequately defining the location of the plant. (2) A public utility provider owning public utility plant located on busway land must, if asked by the chief executive, give the chief executive information adequately defining the location of the plant. Maximum penalty for subsection (2)—40 penalty units. 'Liability for damage caused by failure to comply with request for information "180Z.(1) This section applies if— (a) the chief executive causes damage to public utility plant located on busway land; and aon Hnnst Wn 1214 16 192226 29 $12 28 $12 Transport (Busway and Light Rail) Amendment (b) before the damage was caused, the chief executive had asked for information under section 180Y(2) from the public utility provider owning the public utility plant; and (c) the provider had not, within a reasonable time, complied with the request; and (d) the damage was caused because of the failure to comply with the request. "(2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage. 'Liability for damage caused by failure to give enough detail about location of public utility plant "180ZA.(1) This section applies if— (a) the chief executive causes damage to public utility plant located on busway land; and (b) information supplied to the chief executive under section 180Y(2) did not define in enough detail the location of the plant; and (c) the damage was caused because of the failure to define in enough detail the location of the plant. "(2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage. 'Liability for damage caused because of failure to comply with chief executive's requirements "180ZB.(1) This section applies if— (a) the chief executive causes damage to public utility plant located on busway land; and (b) the damage is caused because the public utility provider owing the plant did something mentioned in section 180T(1) in relation to the plant other than under the chief executive's requirements under this division. Cm IAD WAR WNYw 12 14 16 18 20 22 25 2729 $12 29 $12 Transport (Busway and Light Rail) Amendment "(2) Unless the chief executive otherwise agrees, the chief executive is not liable for the damage. 'Liability of public utility provider to pay additional expenses incurred by chief executive "180ZC.(1) This section applies if the chief executive incurs additional expense in carrying out busway transport infrastructure works on busway land because a public utility provider— (a) did not supply within a reasonable time information asked for by the chief executive under section 180Y(2); or (b) in supplying information to the chief executive, did not define in enough detail the location of public utility plant; or (c) did something mentioned in section 180T(1) in relation to public utility plant other than under the chief executive's requirements under this division. '(2) The public utility provider is liable to pay the chief executive the additional expense. "Replacement or reconstruction of public utility plant "180ZD.(1) If the carrying out of busway transport infrastructure works on busway land by or for the chief executive requires taking away or replacing public utility plant, the chief executive can not be compelled to replace or reconstruct the plant in its previous location and form. "(2) If the plant is replaced or reconstructed— (a) it must be done under the chief executive's requirements; and (b) it must be at the chief executive's expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— (i) the remaining life of the plant; and (11) the salvage or scrap value of the plant; and Ne Bo COM NIDAYMN Bw See ee ROBY eR num 1921 23 2629 $12 30 $12 Transport (Busway and Light Rail) Amendment (111) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive's requirements. 'Division 4—Use of busway land "Trespass on busway land "180ZE.(1) A person must not be on busway land if the person does not have the permission of the chief executive to be on the busway land. Maximum penalty—40 penalty units. '(2) For subsection (1), permission may be given, for example— (a) expressly, by signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the busway land; or (b) impliedly, by the absence of demarcation between ordinary road and the pavement of the busway land. "(3) Subsection (1) does not apply to a person who is on busway land if, under division 1, the busway land is taken to be— (a) aroad of which a local government has control under the Local Government Act 1993, section 901(1); or (b) a State-controlled road. "(4) A regulation may include rules about the use by the following of busway land— (a) buses operating on a busway established on the busway land; (b) persons having the permission of the chief executive to be on the busway land. DAN WNHE 111417 19 21 24 27 $12 31 $12 Transport (Busway and Light Rail) Amendment 'Division 5—Compensation entitlements 'Definitions for div 5 "180ZF. In this division— "access", for land, means— (a) access to the land from the road network, whether or not through other land; or (b) access from the land to the road network, whether or not through other land. "busway land" means busway land that, when declared under this chapter to be busway land, was a road or part of a road. "establishment", of busway transport infrastructure on busway land, includes the following— (a) initial construction of the busway transport infrastructure on the busway land; (b) construction for changing or adding to busway transport infrastructure previously constructed on the busway land; (c) putting in place the arrangements under which persons are permitted or not permitted to be on the busway land. "interference", with access, includes loss or reduction of access. "No entitlement to compensation for particular matters "180ZG.(1) A person having an interest in land (the "relevant land") has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2), to the extent the matter is caused by— (a) the establishment of a busway; or (b) the establishment or proposed establishment of busway transport infrastructure on busway land; or (c) the operation of a busway on busway land. 2224 27 s12 32 s12 Transport (Busway and Light Rail) Amendment "(2) The matters are— (a) (b) (c) (d) the adverse affect on the amenity or likely amenity of the neighbourhood of the relevant land; and interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and loss or damage arising directly or indirectly from interference with access for the relevant land; and the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access. "Compensation for reduced market value of interest in land "180ZH.(1) A person who has an interest in land (the "relevant land") is entitled to compensation if the establishment of busway transport infrastructure on busway land (the "infrastructure"), when completed, is a cause of interference (the "interference") with access for the relevant land. "(2) Subsection (1) applies only if— (a) (b) (c) either of the following applies— (i) the busway land joins directly with the relevant land or with land ("access land") giving access for the relevant land because of an easement or other right or interest; (11) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant ow w ND ns Wn e 1315 17 192224 262831 $12 33 $12 Transport (Busway and Light Rail) Amendment land before the establishment of the infrastructure. "(3) The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land. "(4) However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired. "Compensation of person in actual occupation for interference with enjoyment of land "180Z1.(1) A person is entitled to compensation if— (a) the person is in actual occupation of land (the "relevant land") when the establishment of busway transport infrastructure on busway land (the "infrastructure") is completed; and (b) the establishment of the infrastructure is a cause of interference with access (the "access interference") for the relevant land; and (c) the access interference is a cause of interference (the "enjoyment interference") with the person's enjoyment of the relevant land. "(2) Subsection (1) applies only if— (a) either of the following applies— (i) the busway land joins directly with the relevant land or with land ("access land") giving access for the relevant land because of an easement or other right or interest; (11) the busway land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the busway land by travelling only over road; and (b) the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and NYDN BRWN o 1215 17 19 2124 26 2830 $12 34 $12 Transport (Busway and Light Rail) Amendment (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure. "(3) The amount of the compensation is an amount fairly representing, in the particular circumstances, the likely cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed. "(4) In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land. 'Chief executive may supply or contribute to new access arrangements "180ZJ.(1) The chief executive may, having regard to the establishment, or proposed establishment, of busway transport infrastructure on busway land, enter into an agreement with a person who is the owner or occupier 0 land (the "relevant land") for— (a) the supply by the chief executive, or a contribution by the chie executive towards the supply, of works for alternative access for the relevant land; or (b) the carrying out, or a contribution towards the carrying out, o other works in relation to the relevant land for the purpose o access for the land. '(2) A person's entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1). 'Obtaining compensation "180ZK.(1) A person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation. "(2) The application must be made— (a) within 12 months after the establishment of busway transport infrastructure on busway land giving rise to the claim for compensation; or re OO Oo YHNN BWNKe ee 1416 182124 27 30 $12 35 $12 Transport (Busway and Light Rail) Amendment (b) within a longer time agreed by the chief executive. '(3) If, within 60 days after the person applies under subsection (1), or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application— (a) the person may apply to the Land Court for the compensation; or (b) the chief executive may apply to the Land Court to have the compensation decided by the court. '(4) The Land Court has jurisdiction to deal with an application made to it under subsection (3), including jurisdiction to require the chief executive to pay the person compensation decided by the court. 'CHAPTER 7B—LIGHT RAIL AND LIGHT RAIL TRANSPORT INFRASTRUCTURE 'PART 1—PRELIMINARY 'Definition for ch 7B "180ZL. In this chapter— "construction", of light rail transport infrastructure, includes each of the following for the infrastructure, to the extent it involves the development of the light rail transport infrastructure— (a) initial construction; (b) improvement of its standard; (c) realignment; (d) widening; (e) extension to accommodate the extension of a light rail. FBPOUOD ONIN DA UpwWN | ee 13 16 182123 $12 36 $12 Transport (Busway and Light Rail) Amendment "Ways of achieving light rail objectives "180ZM. The objectives of this Act for light rail are intended to be achieved by— (a) developing and putting into effect light rail transport infrastructure strategies; and (b) establishing a legal framework to allow the construction, maintenance, management and operation of light rail transport infrastructure in an effective and efficient way. 'PART 2—CHIEF EXECUTIVE'S FUNCTIONS AND POWERS 'Functions "180ZN. The chief executive has the following functions in relation to light rail, including a proposed light rail, and light rail transport infrastructure, including proposed light rail transport infrastructure— (a) investigating, planning, establishing, maintaining, managing or operating, or arranging for someone else to investigate, plan, establish, maintain, manage or operate; (b) providing or arranging for associated services or works necessary or convenient for effective and efficient construction, management and operation; (c) efficiently integrating with any transport infrastructure, including busway transport infrastructure; (d) providing for appropriate levels of safety in construction, management and operation; (e) doing other things that directly or indirectly— (i) are likely to enhance the provision of light rail transport infrastructure and passenger services on light rail; or CIAD AR WH 13161922 24 27 $12 37 $12 Transport (Busway and Light Rail) Amendment (11) are incidental or complementary to the performance of another function. 'Authority to enter or temporarily occupy or use land "180ZO.(1) For the performance of a function under this chapter, the chief executive, or someone authorised in writing by the chief executive, may— (a) do 1 or more of the following in relation to land— (i) enter the land, whether or not for temporarily occupying or using the land; (11) temporarily occupy the land; (111) temporarily use the land; and (b) do anything on the land necessary or convenient for the function, including, for example, for light rail transport infrastructure works. "(2) However, the chief executive must not authorise a person to enter land under this section if the entry is a type of entry able to be authorised under an investigator's authority under chapter 7C. "When land may be entered, occupied or used "180ZP.(1) This section applies if a person proposes to enter, occupy or use land under this part. '(2) The person may enter, occupy or use the land without the permission of, or notice to, the owner or occupier of the land to perform urgent remedial work to facilitate or maintain the operation of light rail transport infrastructure. "(3) However, the person must, if practicable, notify the occupier orally or in writing before entering the land. "(4) If the entry, occupation or use is other than for the performance of urgent remedial work, the person may enter, occupy or use the land if the person— Cm XN DANK WD 11 131620 2224 26 28 $12 38 $12 Transport (Busway and Light Rail) Amendment (a) obtains the written permission of— (1) each person who is an owner of the land; and (11) each person who is an occupier of the land; or (b) gives at least 7 days written notice to the occupier before the entry, occupation or use. "(5) The notice under subsection (4)(b) must state— (a) all works proposed to be performed; and (b) all uses proposed to be made of the land; and (c) details of anything else proposed to be done on the land; and (d) the approximate period when occupation or use is expected to continue; and (e) that an owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use. "(6) A notice may be given under this section even though it is proposed to resume the land for light rail transport infrastructure. "(7) Power to enter, occupy or use land under this part does not authorise entry, occupation or use of a structure on the land used solely for residential purposes without the permission of the occupier of the land. "Compensation "180ZQ.(1) This section applies if land is entered, occupied or used under this part. "(2) An owner or occupier of the land may claim compensation from the chief executive for loss or damage caused by the entry, occupation or use, including by the taking or consumption of materials. "(3) However, compensation is payable only if written notice of the claim or proposed claim is given to the chief executive— (a) after the loss or damage happens, but within | year after the entry, occupation or use ends; or BR WwW NY eee eu BRwWN KF oO Oo OA AN DN eR num Ree Re 'oon 22 2427 29 $12 39 $12 Transport (Busway and Light Rail) Amendment (b) ata later time allowed by the chief executive. "(4) In the absence of agreement between the owner or occupier and the chief executive about the payment of compensation, payment of compensation may be claimed and ordered in a proceeding brought in the Land Court. "(5) The Land Court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. "(6) Compensation paid under this section for loss or damage caused to land must not be more than the compensation that would have been awarded if the land had been acquired. "PART 3—ESTABLISHMENT OF LIGHT RAIL 'Definition for pt 3 "180ZR. In this part— "road" means a road under the Land Act 1994, but does not include a State-controlled road. 'Declaration of land as light rail land "180ZS.(1) The Minister may, by gazette notice, declare land to be light rail land. "(2) Land declared to be light rail land— (a) must be— (i) identified specifically in the gazette notice; or (11) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice; and Ne rFoD OND UBPW ee 14 16 19 2124 26 $12 40 $12 Transport (Busway and Light Rail) Amendment (b) must consist only of land for a light rail and necessary light rail transport infrastructure. "(3) The identification of land declared to be light rail land may, but need not, be by reference to strata occupied by the land. "(4) Land may be declared to be light rail land only if it is— (a) land acquired by the State or the chief executive for light rail purposes, including for light rail transport infrastructure; or (b) busway land, but only if it is the subject of a lease to the State under the Land Act 1994, section 17;2 or (c) aroad. 'Effect on land of light rail declaration "180ZT.(1) If a road or a part of a road is declared under this part to be light rail land, the road or part— (a) stops being a road; and (b) becomes unallocated State land. "(2) If a lot or a part of a lot under the Land Title Act 1994 is declared under this part to be light rail land, the lot or part becomes unallocated State land. "(3) If busway land is declared under this part to be light rail land— (a) any lease of the land under the Land Act 1994, section 17 provided for under chapter 7A ends; and (b) the land stops being busway land and becomes unallocated State land. "(4) Light rail land can not be declared under section 23 to be a State-controlled road. "(5) The Governor in Council must lease light rail land that is unallocated State land to the State under the Land Act 1994, section 17. '(6) The lease is in perpetuity and, if demanded, for a rent of $1 a year. 2 Land Act 1994, section 17 (Granting land to the State) Co ND WA BW NE 13 15 1721 23 25 27 $12 41 $12 Transport (Busway and Light Rail) Amendment 'Sublease of lease of light rail land "180ZU.(1) The State may sublease its lease of light rail land to a light rail manager for a light rail established or proposed to be established on the light rail land on terms negotiated and agreed between the parties. "(2) For the Land Act 1994, section 332(1)(b),3 the light rail manager is eligible to hold a sublease of the lease. "(3) The first sublease under subsection (1) (the "original sublease") may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew. "(4) The terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties. "(5) The Land Act 1994, section 336(2)(a}4 does not apply to a document of amendment of the original sublease or any subsequent sublease. "(6) If the light rail manager attaches light rail transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time. "(7) Despite any agreement under subsection (6), the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive— (a) if there is no subsequent sublease—at the end of the original sublease; or (b) if there is only 1 subsequent sublease—at the end of the subsequent sublease; or (c) if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases. "(8) Neither the original sublease nor any subsequent sublease stops being a sublease only because— 3 Land Act 1994, section 332 (Subleases require Minister's approval) 4 — Land Act 1994, section 336 (Amending a sublease) $12 42 $12 Transport (Busway and Light Rail) Amendment (a) under part 4, land the subject of the sublease is taken to be a 1 State-controlled road or a road under the control of a local 2 government; or 3 (b) persons are expressly or impliedly permitted by the chief 4 executive under this chapter to be on the subleased land. 5 '(9) This section does not stop the granting of a lease or sublease to a 6 light rail manager for a light rail, other than under this section, of land that is 7 not light rail land but on which there is, or is proposed to be, light rail 8 transport infrastructure. 9 "(10) In this section— 10 "light rail land" means light rail land that is leased to the State under the 11 Land Act 1994, section 175 12 'Development of light rail and light rail transport infrastructure 13 "180ZV.(1) This section applies to the establishment of a light rail, 14 including all investigating, planning, maintaining, managing, operating, and 15 arranging for the light rail or for light rail transport infrastructure for the 16 light rail. 17 "(2) Nothing in this chapter is intended to affect the operation of the 18 Integrated Planning Act 1997 to the extent that the establishment of the light 19 rail is development under that Act. 20 5 Land Act 1994, section 17 (Granting land to the State) $12 43 $12 Transport (Busway and Light Rail) Amendment 'PART 4—MANAGEMENT OF LIGHT RAIL LAND AND LIGHT RAIL TRANSPORT INFRASTRUCTURE 'Division 1—Transport infrastructure interaction 'Altering road levels by a local government '180ZW.(1) The chief executive may require a local government having control of a road to alter the level of the road for— (a) light rail transport infrastructure works; or (b) the management or operation of a light rail. '(2) However, the chief executive— (a) must consult with the local government about the nature and extent of the alteration of the level of the road before the alteration is started; and (b) subject to an agreement between the chief executive and the local government arising out of the consultation, pay all reasonable costs incurred by the local government in altering the road level. '(3) The local government must comply with the chief executive's requirements. 'Permitted construction by local government of roads over or under light rail land '180ZX.(1) Despite section 180ZT(1), the chief executive may permit a local government to construct, maintain and operate a road located on light rail land, consisting of— (a) a bridge or other structure allowing traffic to pass over the level at which light rail vehicles use the light rail land; or (b) a structure allowing traffic to pass under the level at which light rail vehicles use the light rail land. '(2) However, if there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail onan fs 111417 19 2124 26 28 $12 44 $12 Transport (Busway and Light Rail) Amendment manager before deciding whether to give the permission. "(3) The permission may be given on reasonable conditions. "(4) In deciding whether to give the permission, the chief executive must consider the limiting effect the use of the road is likely to have on the use of the light rail land for light rail passenger services. "(5) While the bridge or other structure is being used for the road— (a) none of the following has any duty or liability for the road or its use or operation— (i) _ the chief executive; (11) if there is a light rail manager for a light rail established on the light rail land, the manager; (1) if there is a light rail operator for a light rail established on the light rail land, the operator; and (b) the road is taken to be a road of which the local government has control under the Local Government Act 1993, section 901(1); and (c) the road is taken to be a road under any Act about the use of vehicles on a road. "(6) Unless the chief executive and the local government otherwise agree— (a) the local government is responsible for maintaining the road and the bridge or other structure; and (b) if the bridge or other structure stops being used for the road, the local government is responsible for the cost of taking the bridge or other structure away and of restoring the light rail land. 'Designation of light rail land for use as road under local government control "180ZY.(1) Despite section 180ZT(1), the chief executive may, by gazette notice, designate light rail land described in the notice as light rail land that is to be used as a road under a local government's control. Fo OO AN DD UBPW NY ee lon' wn eRe DAuns Lion' on Ne cow NN Ne N N ARS 27 29 s12 45 s12 Transport (Busway and Light Rail) Amendment "(2) The chief executive must also— (a) give a copy of the notice to the local government; and (b) publish a copy of the notice in a newspaper circulating generally in the area of the light rail land. "(3) If there is a light rail manager for a light rail established on the light rail land, the chief executive must consult with the light rail manager before designating the light rail land under the notice. "(4) The land described in the notice must be land generally suitable for both of the following— (a) use as a road; (b) the operation of a light rail. "(5) The notice may include directions with which the local government must comply, including directions about the local government's exercise of powers under the Local Government Act 1993 for roads it controls. "(6) However, the chief executive must consult with the local government before including any directions in the notice. "(7) While the notice is in force, the land described in the notice is taken to be— (a) aroad of which the local government has control under the Local Government Act 1993, section 901(1); and (b) aroad under any Act about the use of vehicles on a road. "(8) However, in taking the necessary steps mentioned in the Local Government Act 1993, section 901(2), the local government must comply with all directions included in the notice, including the notice as amended from time to time. 'Designation of light rail land for use as State-controlled road '180ZZ.(1) Despite section 180ZT(1), the Minister may, by gazette notice, designate light rail land described in the notice as light rail land to be used as a State-controlled road. '(2) The Minister must also publish a copy of the notice in a newspaper Oo eo NNW Bw NY eS eK Oo eli andilend RwWN eR num ile' on NR Ne) N pan NNWNN nABwWN 28 $12 46 $12 Transport (Busway and Light Rail) Amendment circulating generally in the area of the light rail land. "(3) If there is a light rail manager for a light rail established on the light rail land, the Minister must consult with the manager before designating the light rail land under the notice. "(4) The land described in the notice must be land generally suitable for both of the following— (a) use as a State-controlled road; (b) the operation of a light rail. "(5) The notice may include operational arrangements applying to the use of the light rail land as a State-controlled road. "(6) While the notice is in force, the land described in the notice is, except to the extent provided for in the notice, taken to be— (a) a State-controlled road for the provisions of this Act, other than chapter 5, part 2, division | and part 5, division 3,6 and of any other Act, applying to State-controlled roads; and (b) aroad under any Act about the use of vehicles on a road. "No presumption of dedication of road "180ZZA.(1) This section applies if the public uses light rail land as a road, or for access purposes other than as a road. '(2) The light rail land does not at law, either because the use is authorised or permitted by the chief executive or for another reason, become dedicated to public use as a road. 6 Chapter 5 (Road transport infrastructure), part 2 (State-controlled roads), division 1 (Declaration of State-controlled roads) and part 5 (Management of State-controlled roads), division 3 (Public utility plant on State-controlled roads) 19 21 s12 47 s12 Transport (Busway and Light Rail) Amendment 'Division 2—Interfering with light rail transport infrastructure 'Interfering with light rail transport infrastructure "180ZZB.(1) A person must not interfere with or carry out works on light rail transport infrastructure unless— (a) the person has the written approval of— (i) if there is a light rail manager for a light rail established for the light rail transport infrastructure—the manager; or (11) otherwise—the chief executive; or (b) the interference or works are for the construction, maintenance or operation of a road permitted under this part to be constructed, maintained and operated across, over or under the light rail transport infrastructure; or (c) the interference or works are otherwise authorised under this Act or another Act. Maximum penalty—160 penalty units. '(2) Subsection (1) applies even if the interference or works are for the carrying out of functions that apart from subsection (1) are lawful on light rail land that, under division 1, is taken to be— (a) aroad of which a local government has control under the Local Government Act 1993, section 901(1); or (b) a State-controlled road for provisions of any Act applying to State-controlled roads. "(3) An approval under subsection (1)(a) may be given on reasonable conditions. "(4) However, a light rail manager for a light rail may give the approval only if the chief executive— (a) has been consulted about the giving of the approval; and (b) has approved all conditions to which the approval is subject. "(5) The person given the approval must comply with the conditions of the approval. Oo ND WD PW Bw 1114 1720 22 24 26 28 30 $12 48 $12 Transport (Busway and Light Rail) Amendment Maximum penalty—40 penalty units. "(6) Subsection (1) does not apply to the carrying out of urgent maintenance of a light rail or light rail transport infrastructure. 'Rectifying unauthorised interference or works "180ZZC.(1) This section applies if a person (the "identified person") interferes with or carries out works on light rail transport infrastructure in contravention of section 180ZZB(1). '(2) If there is a light rail manager for a light rail established for the light rail transport infrastructure, the manager may, by written notice given to the identified person, require the person to rectify the interference or the effect of the carrying out of the works within a stated reasonable time. "(3) The light rail manager may give the identified person the notice only if the chief executive— (a) has been consulted about the giving of the notice; and (b) has approved the terms of the notice. "(4) If subsection (2) does not apply, the chief executive may, by written notice given to the identified person, require the person to rectify the interference, or the effect of the carrying out of the works, within a stated reasonable time. "(5) The identified person must comply with a notice given under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty—40 penalty units. "(6) If the identified person does not comply with the notice, the person who gave the notice (the "notifier") may rectify the interference or the effect of the carrying out of the works. '(7) The identified person must pay the amount of the notifier's reasonable costs of— (a) rectifying the interference or the effect of the carrying out of the works; or (b) changing the way the light rail transport infrastructure is built, maintained or operated because of the interference or the effect of w FBPOouwom ARN A il oon wn Se nan & RP Re Ree omna NN re Oo N N NNN n BW NN Na NYw \Oo Ww Oo $12 49 $12 Transport (Busway and Light Rail) Amendment the carrying out of the works. "(8) The notifier may recover the amount as a debt. "(9) In this section— "rectify the interference" includes the following— (a) alter, dismantle or take away works; (b) fix damage caused by the interference. 'Division 3—Public utility plant 'Definitions for div 3 '180ZZD. In this division— "busway land" means busway land that, when declared under chapter 7A to be busway land, was a road or part of a road. "light rail authority", for light rail land, means— (a) if there is a light rail manager for a light rail established, or proposed to be established, on the light rail land—each of the following— (i) _ the chief executive; (11) the light rail manager; or (b) otherwise—the chief executive. "light rail land" means light rail land that, when declared under this chapter to be light rail land, was— (a) aroad or part of a road; or (b) busway land. 'Retention of ownership of public utility plant "180ZZE.(1) This section applies if, immediately before the declaration of land as light rail land public utility plant is located on the land. Hn vn ff WwW NY 11 141720 22 25 $12 50 $12 Transport (Busway and Light Rail) Amendment '(2) The declaration does not affect the ownership of the public utility plant. 'Public utility plant on light rail land "180ZZF.(1) A public utility provider may do the following things on light rail land— (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; (b) maintain or repair, or alter, for maintenance or repair, its public utility plant; (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant. '(2) However, the provider may do things mentioned in subsection (1) only if each light rail authority for the light rail land agrees in writing. "(3) A light rail authority must not unreasonably withhold agreement. "(4) Despite subsection (2), a public utility provider may, if acting in the interests of public safety, carry out urgent maintenance of its public utility plant on light rail land without the written agreement of each light rail authority for the light rail land, but only if the provider— (a) makes all reasonable attempts to obtain each authority's oral agreement to the carrying out of the maintenance; and (b) whether or not each authority's oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out. "(5) Building or altering public utility plant does not affect the ownership of the plant. 'Chief executive must give provider information '180ZZG. If asked in writing by a public utility provider, the chief executive must give the provider information about lines and levels for planned light rail transport infrastructure on light rail land necessary to CO IADH Ash wo 12 14 1719 21 2326 29 s12 51 s12 Transport (Busway and Light Rail) Amendment enable the provider to minimise possible adverse affects of the establishment of the infrastructure on the provider's works. 'Public utility provider to consult with chief executive before replacing public utility plant "180ZZH.(1) Ifa public utility provider proposes to replace the whole or a substantial proportion of its public utility plant on light rail land, the provider must, before seeking written agreement under section 180ZZF, consult with each entity that is a light rail authority for the light rail land. '(2) The object of the consultation is to identify mutually beneficial arrangements for the replacement of the public utility plant, having regard to existing development plans for the light rail land. 'Public utility provider to comply with light rail authority's agreement "180ZZI1.(1) This section applies if, in relation to light rail land, a public utility provider does something mentioned in section 180ZZF(1) (the "relevant action")— (a) without the written or oral agreement of a light rail authority required under section 180ZZF; or (b) ina way inconsistent with an agreement with a light rail authority for the light rail land; or (c) in a way inconsistent with a regulation about how things mentioned in section 180ZZF(1) are to be done. '(2) If this section applies because of subsection (1)(a) or (b), the light rail authority may, by written notice given to the public utility provider, require the provider, at the provider's cost, and within the time stated in the notice, to take action to remedy the relevant action. '(3) If this section applies because of subsection (1)(c), the chief executive may, by written notice given to the public utility provider, require the provider, at the provider's cost, and within the time stated in the notice, to take action to remedy the relevant action. "(4) The time stated in a notice under subsection (2) or (3) must be a time that is reasonable in the circumstances. Boo O~IADMN Bw ee 1417 19 21 2325 2729 31 s12 52 s12 Transport (Busway and Light Rail) Amendment "(5) If the provider does not comply with the notice, the light rail authority giving the notice to the provider may arrange for action the authority considers necessary to remedy the relevant action. "(6) The light rail authority's reasonable expenses in arranging for the action to be carried out is a debt payable by the provider to the light rail authority. "Chief executive may require public utility provider to alter position of public utility plant "180ZZJ.(1) The chief executive may require a public utility provider to alter the position of the provider's public utility plant on light rail land if the chief executive considers that the plant will interfere with the exercise of the chief executive's powers for the light rail land. '(2) The chief executive is responsible only for the cost of altering the position of the public utility plant. 'Information by public utility provider to chief executive "180ZZK.(1) If, in relation to public utility plant on light rail land, a public utility provider does something mentioned in section 180ZZF(1), the provider must prepare records adequately defining the location of the plant. "(2) A public utility provider owning public utility plant located on light rail land must, if asked by a light rail authority for the light rail land, give the light rail authority information adequately defining the location of the plant. Maximum penalty for subsection (2)—40 penalty units. 'Liability for damage caused by failure to comply with request for information "180ZZL.(1) This section applies if— (a) a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and (b) before the damage was caused, the light rail authority had asked for information under section 180ZZK(2) from the public utility DAN WN 1114 172024 27 29 $12 53 $12 Transport (Busway and Light Rail) Amendment provider owning the public utility plant; and (c) the provider had not, within a reasonable time, complied with the request; and (d) the damage was caused because of the failure to comply with the request. "(2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage. 'Liability for damage caused by failure to give enough detail about location of public utility plant "180ZZM.(1) This section applies if— (a) a light rail authority for light rail land cause damage to public utility plant located on the light rail land; and (b) information supplied to the light rail authority under section 180ZZK(2) did not define in enough detail the location of the plant; and (c) the damage was caused because of the failure to define in enough detail the location of the plant. "(2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage. 'Liability for damage caused because of failure to comply with light rail authority's requirements "180ZZN.(1) This section applies if— (a) a light rail authority for light rail land causes damage to public utility plant located on the light rail land; and (b) the damage was caused because the public utility provider owing the plant did something mentioned in section 180ZZF(1) in relation to the plant other than under the light rail authority's requirements under this division. ND ns Wn o 12 1417 19 21 24 2628 s12 54 s12 Transport (Busway and Light Rail) Amendment "(2) Unless the light rail authority otherwise agrees, the authority is not liable for the damage. 'Liability of public utility provider to pay additional expenses incurred by light rail authority "180ZZO.(1) This section applies if a light rail authority for light rail land incurs additional expense in carrying out light rail transport infrastructure works on the light rail land because a public utility provider— (a) did not supply within a reasonable time information asked for by the authority under section 180ZZK(2); or (b) in supplying information to the authority, did not define in enough detail the location of public utility plant; or (c) did something mentioned in section 180ZZF(1) in relation to public utility plant other than under the authority's requirements under this division. '(2) The public utility provider is liable to pay the light rail authority the additional expense. "Replacement or reconstruction of public utility plant '180ZZP.(1) If the carrying out of light rail transport infrastructure works by or for a light rail authority for light rail land requires taking away or replacing public utility plant, the light rail authority can not be compelled to replace or reconstruct the plant in its previous location and form. "(2) If the plant is replaced or reconstructed— (a) it must be done under the light rail authority's requirements; and (b) it must be at the authority's expense, but the cost to the authority of replacement or reconstruction may be reduced by agreement between the authority and the public utility provider owning the plant after taking into account— (i) the remaining life of the plant; and (11) the salvage or scrap value of the plant; and Ne Bo COM NIDAYMN Bw Re Ree ee RwWN eR num 1921 23 2629 $12 55 $12 Transport (Busway and Light Rail) Amendment (111) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and (iv) additional expense incurred because the plant was not constructed in accordance with the authority's requirements. 'Division 4—Use of light rail land "Trespass on light rail land "180ZZQ.(1) A person must not be on light rail land if the person does not have the permission of the relevant person for the light rail land to be on the light rail land Maximum penalty—40 penalty units. '(2) For subsection (1), permission may be given, for example— (a) expressly, by signs, structures, textured pavement or painted lines designating points for vehicles or pedestrians to cross the light rail land; or (b) impliedly, by the absence of demarcation between ordinary road and pavement incorporating light rail track on the light rail land. "(3) Subsection (1) does not apply to a person who is on light rail land if, under division 1, the light rail land is taken to be— (a) aroad of which a local government has control under the Local Government Act 1993, section 901(1); or (b) a State-controlled road. "(4) A regulation may include rules about the use by the following of light rail land— (a) light rail vehicles operating on a light rail established on the light rail land; (b) persons having the permission of the relevant person for the light rail land to be on the light rail land. "(5) In this section— AR WNeE $12 56 $12 Transport (Busway and Light Rail) Amendment "relevant person", for light rail land, means— (a) if there is a light rail manager for a light rail established on the light rail land—the light rail manager; or (b) otherwise—the chief executive. 'Division 5—Compensation entitlements 'Definitions for div 5 '180ZZR. In this division— "access", for land, means— (a) access to the land from the road network, whether or not through other land; or (b) access from the land to the road network, whether or not through other land. "busway land" means busway land that, when declared under chapter 7A to be busway land, was a road or part of a road. "establishment", of light rail transport infrastructure on light rail land, includes the following— (a) initial construction of the light rail transport infrastructure on the light rail land; (b) construction for changing or adding to light rail transport infrastructure previously constructed on the light rail land; (c) putting in place the arrangements under which persons are permitted or not permitted to be on the light rail land. "interference", with access, includes loss or reduction of access. "light rail land" means light rail land that, when declared under this chapter to be light rail land, was— (a) aroad or part of a road; or (b) busway land. BR WN s12 57 $12 Transport (Busway and Light Rail) Amendment "No entitlement to compensation for particular matters "180ZZS.(1) A person having an interest in land (the "relevant land") has no entitlement at law, except to the extent this division provides, to compensation for a matter listed in subsection (2), to the extent the matter is caused by— (a) (b) (c) the establishment of a light rail; or the establishment or proposed establishment of light rail transport infrastructure on light rail land; or the operation of a light rail on light rail land. "(2) The matters are— (a) (b) (c) (d) the adverse affect on the amenity or likely amenity of the neighbourhood of the relevant land; and interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and loss or damage arising directly or indirectly from interference with access for the relevant land; and the reduction or loss of a right of access for the relevant land and loss or damage caused by the reduction or loss of the right of access. "Compensation for reduced market value of interest in land "180ZZT.(1) A person who has an interest in land (the "relevant land") is entitled to compensation if the establishment of light rail transport infrastructure on light rail land (the "infrastructure"), when completed, is a cause of interference (the "interference") with access for the relevant land. "(2) Subsection (1) applies only if— (a) either of the following applies— (i) _ the light rail land joins directly with the relevant land or with land ("access land") giving access for the relevant land because of an easement or other right or interest; (11) the light rail land does not join directly with the relevant land CMI DA HNBWN e Oo ee NR eile' Rw eR num Ree Re 'oon 2224 26 28 s12 58 $12 Transport (Busway and Light Rail) Amendment (b) (c) or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and the practical effect of the interference is substantially greater in nature and extent than the practical effect of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the establishment of the infrastructure. "(3) The amount of the compensation is the amount by which the market value of the interest may fairly be said to have been reduced because of the interference now affecting the relevant land. "(4) However, the compensation must not be more than the compensation that would have been awarded if the interest had been acquired. "Compensation of person in actual occupation for interference with enjoyment of land "180ZZU.(1) A person is entitled to compensation if— (a) (b) (c) the person is in actual occupation of land (the "relevant land") when the establishment of light rail transport infrastructure on light rail land (the "'infrastructure") is completed; and the establishment of the infrastructure is a cause of interference with access (the "access interference") for the relevant land; and the access interference is a cause of interference (the "enjoyment interference") with the person's enjoyment of the relevant land. "(2) Subsection (1) applies only if— (a) either of the following applies— (i) _ the light rail land joins directly with the relevant land or with land ("access land") giving access for the relevant land CIDNAR WHHE 12 141720 2326 28 30 32 $12 59 $12 Transport (Busway and Light Rail) Amendment because of an easement or other right or interest; (11) the light rail land does not join directly with the relevant land or with access land, but it is possible to travel from the relevant land or access land to the light rail land by travelling only over road; and (b) the practical effect of the access interference is substantially greater in nature and extent than the practical effects of interference with access for the relevant land that might reasonably be expected to be experienced from time to time in changes to the operation of the road network; and (c) the practical effect of the access interference is that there is a direct and substantial interference with practicable access for the relevant land compared with the practicable access existing for the relevant land before the infrastructure. "(3) The amount of the compensation is an amount fairly representing, in the particular circumstances, the likely cost to the person of the enjoyment interference, starting from when the establishment of the infrastructure is completed. "(4) In calculating the compensation, no regard is to be had to the reduction in the market value of an interest the person may have in the relevant land. 'Chief executive may supply or contribute to new access arrangements '180ZZV.(1) The chief executive may, having regard to the establishment, or proposed establishment, of light rail transport infrastructure on light rail land, enter into an agreement with a person who is the owner or occupier of land (the "relevant land") for— (a) the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for the relevant land; or (b) the carrying out, or a contribution towards the carrying out, of other works in relation to the relevant land for the purpose of access for the land. 24 26 2831 $12 60 $12 Transport (Busway and Light Rail) Amendment '(2) A person's entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1). 'Obtaining compensation "180ZZW.(1) A person claiming to be entitled to compensation under this division may apply in writing to the chief executive for the compensation. "(2) The application must be made— (a) within 12 months after the establishment of light rail transport infrastructure on light rail land giving rise to the claim for compensation; or (b) within a longer time agreed by the chief executive. "(3) If, within 60 days after the person applies under subsection (1), or a longer time agreed between the person and the chief executive, no agreement has been reached between the person and the chief executive on the application— (a) the person may apply to the Land Court for the compensation; or (b) the chief executive may apply to the Land Court to have the compensation decided by the court. "(4) The Land Court has jurisdiction to deal with an application made to it under subsection (3), including jurisdiction to require the chief executive to pay the person compensation decided by the court. 'PART 5—ACCREDITATION PROVISIONS FOR LIGHT RAIL 'Reference to light rail in pt 5 '180ZZX. In this part, other than in this section, section 180ZZY and section 180ZZZM, a reference to a light rail is a reference to a light rail that is— Ne SC Om NN DAWN WwW eS an eee aA pRwWN e a ile' on NNR re OO 23 26 $12 61 $12 Transport (Busway and Light Rail) Amendment (a) established on light rail land; or (b) proposed to be established on light rail land; or (c) proposed to be established on land proposed to become light rail land. 'Accreditation of managers and operators "180ZZY.(1) A person must not manage a light rail on light rail land unless the person is accredited as the light rail manager for the light rail. Maximum penalty—160 penalty units. "(2) A person must not operate rolling stock on a light rail on light rail land unless the person is accredited as a light rail operator for the light rail. Maximum penalty—160 penalty units. "Applications for accreditation '180ZZZ. A person may apply to the chief executive for accreditation as— (a) the light rail manager for a light rail; or (b) a light rail operator for a light rail; or (c) the light rail manager and a light rail operator for a light rail. 'Additional information for applications "180ZZZA.(1) The chief executive may, by written notice, require an applicant to give the chief executive the stated written information the chief executive reasonably requires to consider the application. '(2) The chief executive may reject the application if the applicant does not comply with the requirement within a stated reasonable time, not less than 28 days, without reasonable excuse. Bw N oOo Om ND Ww 14 162023 s12 62 s12 Transport (Busway and Light Rail) Amendment 'Giving accreditation "180ZZZB.(1) The chief executive must promptly consider an application for accreditation and give, or refuse to give, the accreditation. '(2) The chief executive must accredit an applicant as the light rail manager for a light rail if satisfied— (a) (e) the applicant— (i) is accredited in another State to manage a similar type of light rail; or (11) has the competency and capacity to manage the light rail safely; and the applicant has an appropriate safety management system; and the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the light rail; and the applicant has rights of access to all land the applicant needs for the establishment and operation of the light rail; and the applicant has rights to the use of all light rail transport infrastructure and other infrastructure the applicant needs for the establishment and operation of the light rail. "(3) The chief executive must accredit an applicant as a light rail operator for a light rail if satisfied— (a) (b) (d) the applicant— (i) is accredited in another State to operate rolling stock on a ight rail for a similar type of service; or (11) has the competency and capacity to operate rolling stock on the light rail safely; and the applicant has an appropriate safety management system; and the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the light rail; and the applicant has or will have an agreement with the light rail's ow! eA HD ns Wn eS an See BRWN FR loon eeu own NN re Oo N N NN Rw NN Hun N NX Wrwpmwnd CoO ew Ww pear $12 63 $12 Transport (Busway and Light Rail) Amendment manager that— (i) authorises the applicant to operate particular rolling stock on the light rail; and (11) includes appropriate arrangements for the safe operation of the rolling stock. "(4) Subsection (3)(d) does not apply if the applicant is applying for accreditation as both the light rail manager and the light rail operator for the light rail. "(5) In considering a safety management system, the chief executive must consider— (a) what the applicant proposes for the light rail; and (b) the appropriateness of the safety management system for what the applicant proposes; and (c) the safety levels achievable, consistent with the nature of what the applicant proposes, at a reasonable cost; and (d) the need for efficient and competitive light rail transport services; and (e) consistency with generally accepted risk management principles; and (f) the levels of safety proposed compared with the levels of safety of competing transport modes. "(6) Subsection (5) does not limit what the chief executive may consider in considering a safety management system. "(7) If the chief executive decides to give the accreditation, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the details of the accreditation, including its scope; and (c) ifthe accreditation is given on conditions— (i) _ the details of the conditions; and (11) the reason for the conditions. $12 64 $12 Transport (Busway and Light Rail) Amendment "(8) If the chief executive decides not give the accreditation, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the reason for the decision. '9) A written notice given under subsection (7) or (8) must be accompanied by an information notice for the decision the subject of the notice. "Annual levy "180ZZZC.(1) A regulation may impose levies on light rail managers and operators for light rail relating to their accreditation on a basis prescribed under the regulation. '(2) The chief executive must give each light rail manager and light rail operator for a light rail written notice of the amount of a levy applying to the manager or operator. "(3) The chief executive may recover the amount of a levy as a debt owed to the chief executive. 'Accreditation conditions "180ZZZD.(1) An accreditation may be subject to conditions. '(2) For the accreditation of a person as the light rail manager for a light rail, a condition must be about— (a) constructing or maintaining the light rail; or (b) managing the light rail safely, considering the need for efficient and competitive services. "(3) For the accreditation of a person as a light rail operator for a light rail, a condition must be about— (a) operating rolling stock safely, considering the need for efficient and competitive services; or (b) the person having an agreement with the light rail's manager that— Yawn Bw NY 11 1316 18 20 23 25 27 29 $12 65 $12 Transport (Busway and Light Rail) Amendment (i) authorises the person to operate particular rolling stock on the light rail; and (11) includes appropriate arrangements for the safe operation of the rolling stock. "(4) However, for either type of accreditation, a condition may also be about— (a) the person's financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the light rail; or (b) paying accreditation fees; or (c) something else prescribed under a regulation. "(5) An accredited person must comply with each condition of the person's accreditation. Maximum penalty for subsection (5)—40 penalty units. "Requiring accreditation conditions to be complied with '180ZZZE.(1) This section applies if the chief executive reasonably believes an accredited person has not complied with a condition of the person's accreditation. '(2) The chief executive may, by written notice, require the person to remedy the breach within a reasonable period stated in the notice. "(3) If the person has not complied with the condition of the person's accreditation, the person must comply with the notice. Maximum penalty for subsection (3)—60 penalty units. "Accreditation period '180ZZZF. An accreditation remains in force until it is suspended, cancelled or surrendered. CmN DYN FW NE eS eK Oo ion' wn os 1720 22 26 $12 66 $12 Transport (Busway and Light Rail) Amendment 'Amending accreditation conditions on application "180ZZZG.(1) An accredited person may apply to the chief executive for an amendment of the conditions of the person's accreditation. "(2) The chief executive must consider the application and decide whether to make the amendment. "(3) The chief executive may amend a condition only if satisfied the condition is— (a) no longer appropriate; or (b) no longer consistent with generally accepted risk management principles. "(4) If the chief executive decides to amend a condition, the chief executive must promptly give the applicant a written notice stating the decision and the amendment. "(5) If the chief executive decides not to amend a condition, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the reason for the decision. "(6) A written notice given under subsection (5) must be accompanied by an information notice for the decision the subject of the notice. "(7) If the chief executive does not decide the application within 70 days after it is made, the chief executive is taken to have made the amendment sought by the accredited person at the end of the 70 days. 'Amending accreditation conditions without application "180ZZZH.(1) This section applies if the chief executive considers the conditions of a person's accreditation should be amended but the person has not applied for the proposed amendment. '(2) Before amending the conditions, the chief executive must give the person a written notice— (a) stating the proposed amendment; and (b) stating the reason for the proposed amendment; and ao nn ns Wn 1215 17 19 2126 28 30 $12 67 $12 Transport (Busway and Light Rail) Amendment (c) inviting the person to show, within a stated time of at least 28 days, why the proposed amendment should not be made. "(3) If, after considering all written representations made within the stated time, the chief executive still considers the conditions should be amended, the chief executive may amend the conditions— (a) inthe way proposed; or (b) in another way, having regard to the representations. "(4) The chief executive must inform the person of the decision by written notice. "(5) If the chief executive decides to amend the conditions, the notice must also state— (a) the amendment; and (b) the reason for the decision. "(6) A written notice given under subsections (4) and (5) must be accompanied by an information notice for the decision the subject of the notice. "(7) Subsections (2) to (5) do not apply if the chief executive proposes to amend the conditions of a person's accreditation for a formal or clerical reason not adversely affecting the person's interests. "(8) The chief executive may amend a condition in a way mentioned in subsection (7) by written notice given to the person. 'Suspending or cancelling accreditation "180ZZZI.(1) This section applies if the chief executive— (a) reasonably suspects an accredited person has not complied with a condition of the person's accreditation; and (b) considers the person's accreditation should be suspended or cancelled (the "proposed action"). '(2) Before taking the proposed action, the chief executive must give the person a written notice— (a) stating the proposed action; and BESO COM NIN DA NRW NY Se See N = w a Dnt Ree Re 'oon NN re Oo 23 25 27 29 $12 68 $12 Transport (Busway and Light Rail) Amendment (b) stating the reason for the proposed action; and (c) if the proposed action is suspension of the accreditation, stating the proposed suspension period; and (d) ifthe proposed action is a limited suspension of the accreditation," stating the details of the proposed limitation; and (e) inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken. "(3) If, after considering all written representations made within the stated time, the chief executive still considers the proposed action should be taken, the chief executive may— (a) if the proposed action is to suspend the accreditation—suspend the accreditation— (i) for no longer than the proposed suspension period; and (11) if the proposed action was a limited suspension, by no more than the proposed limitation; or (b) if the proposed action was to cancel the accreditation—cancel the accreditation or suspend it for a period. "(4) The chief executive must inform the person of the decision by written notice. "(5) If the chief executive decides to suspend or cancel the accreditation, the notice must also state the reason for the decision. "(6) The chief executive may immediately cancel the accreditation by written notice given to the person if— (a) rather than cancel the accreditation, the chief executive has suspended it on condition the person do certain things to rectify the failure to comply with a condition of the person's accreditation; but (b) the person has not rectified the failure within the suspension period. "(7) The notice must state the reason for the decision. 7 See section 180ZZZK (Limited suspension of accreditation). Sem YR UR WN 12 15 17 19 21 23 2527 29 $12 69 $12 Transport (Busway and Light Rail) Amendment "(8) A written notice given under subsection (4) or (6) must be accompanied by an information notice for the decision the subject of the notice. 'Immediate suspension of accreditation "180ZZZJ.(1) This section applies if the chief executive— (a) reasonably believes an accredited person has not complied with a condition of the person's accreditation; and (b) considers members of the public may be seriously harmed if urgent action to suspend the accreditation is not taken. '(2) The chief executive may immediately suspend an accreditation by written notice given to the person. "(3) The notice must state the reason for the decision and must be accompanied by an information notice for the decision. "(4) The chief executive must at the same time give the person a notice under section 180ZZZ]I(2).8 "(5) The accreditation is suspended under this section until the earlier of the following— (a) the chief executive gives the person notice of the chief executive's decision under section 180ZZZI; (b) the end of 60 days after the notice under subsection (2) was given to the person. 'Limited suspension of accreditation '180ZZZK. Under section 180ZZZI or 180ZZZJ, the chief executive may limit a suspension to, for example— (a) a particular light rail for which the accredited person is accredited; or (b) a particular service operated by the accredited person. 8 Section 180ZZZI (Suspending or cancelling accreditation) Ne w Ree ro OMA ND NH fF ion' wn Ree ns Ree na ee \o NN re Oo 24 26 $12 70 $12 Transport (Busway and Light Rail) Amendment 'Surrender of accreditation '180ZZZL. An accredited person may, at any time, surrender the person's accreditation by written notice given to the chief executive. 'Accreditation for proposed light rail "180ZZZM.(1) This section applies if— (a) a person holds an accreditation under this part as the light rail manager, a light rail operator, or the light rail manager and a light rail operator, for a light rail— (i) proposed to be established on light rail land; or (11) proposed to be established on land proposed to become light rail land; and (b) the light rail is established on light rail land substantially in the way proposed. '(2) The accreditation automatically becomes an accreditation under this Act that the person holds as the light rail manager, a light rail operator, or the light rail manager and a light rail operator, for the light rail as established. 'PART 6—LIGHT RAIL INCIDENTS "Application of ch 6, pt 6 and other provisions "180ZZZN.(1) Chapter 6, part 69 applies for a light rail in the same way it applies for a railway. "(2) For applying chapter 6, part 6 for a light rail— (a) areference to a railway is taken to be a reference to a light rail; and (b) areference to an accredited person is taken to be a reference to an 9 Chapter 6 (Rail transport infrastructure), part 6 (Railway incidents) w BESO © MID? wp ee lon' wn Pee NYaAWNFA 21 23 s12 71 $12 Transport (Busway and Light Rail) Amendment (c) accredited person for this chapter; and a reference to an authorised person for a railway is taken to be a reference to a person who is an authorised person for the light rail. "CHAPTER 7C—INVESTIGATING POTENTIAL BUSWAY OR LIGHT RAIL 'Purpose of ch 7C "180ZZZO. The purpose of this chapter is— (a) (b) to allow persons authorised by the chief executive to enter land to investigate the land's potential and suitability for the development of busway or light rail transport infrastructure (the "development") before powers under chapter 7A or 7B are exercised; and to safeguard the interests of the owners and occupiers of land affected by the entry. 'Definitions for ch 7C '180ZZZP. In this chapter— "affected person" for land, means each person who is an owner or occupier of the land. "associated person", of an investigator, means any of the following— (a) (b) (c) (d) if the investigator is a corporation, the corporation's chief executive, secretary or directors; the investigator's employees or partners who are individuals; a person who is an agent of, or contractor for, the investigator, and engaged in writing for the investigator's authority; employees of an agent or contractor mentioned in paragraph (c); 16 18 21 24 s12 72 s12 Transport (Busway and Light Rail) Amendment (e) if a person mentioned in paragraph (c) is a corporation, the corporation's chief executive, secretary, directors or employees. "compensation notice" see section 180ZZZY. "development" see section 180ZZZO. "investigator" means a person who holds an investigator's authority. "investigator's authority" means an investigator's authority given under this chapter. "rectification notice" see section 180ZZZY. "How to apply for investigator's authority "180ZZZQ.(1) This section applies if the person proposing the development can not successfully negotiate entry to the land with all affected persons for the land. '(2) The person may apply to the chief executive for an investigator's authority for the land. "(3) The applicant must give the chief executive the following in support of the application— (a) details of the proposed development, including the land on which the development is proposed to be located; (b) the likely demand for the services associated with the proposed development; (c) advice as to how the proposed development would satisfy an identified need; (d) details of the applicant's financial and technical capacity to establish the proposed development; (e) details of the steps the applicant has taken, or tried to take, to satisfy its obligations under subsection (1); (f) all other information the chief executive considers is necessary to assess the application. '(4) The application must be in writing and state the following information— o ND nn & w Ne 1114 16 18 20 22 24 26 28 30 $12 73 $12 Transport (Busway and Light Rail) Amendment (a) the land intended to be entered under the investigator's authority; (b) the purpose for which the authority is sought; (c) details of the nature of the activities proposed to be conducted on the land; (d) the period for which the authority is sought. "(5) The chief executive must advise the affected persons for the land— (a) that an application for an investigator's authority has been made for the land; and (b) the powers a person given an authority may exercise under this division. 'Additional information about application "180ZZZR.(1) Before deciding the application, the chief executive— (a) must consult with the affected persons for the land about the proposed entry to the land; and (b) may require the applicant to give additional information about the proposed entry. '(2) The chief executive may reject the application if the applicant fails, without reasonable excuse, to give the additional information within a stated reasonable time of not less than 28 days. 'Giving investigator's authority '180ZZZS.(1) The chief executive may— (a) give an investigator's authority, with or without conditions; or (b) refuse to give the authority. '(2) If the chief executive refuses to give the investigator's authority, the chief executive must give the applicant written reasons for the refusal. "(3) Without limiting subsection (1)(a), a condition may require lodging a bond or security deposit with the chief executive. "(4) The investigator's authority must be only for the part of the land the ow! Cyn Dn wn BPW NY e 12 14 16 182123 25 27 s12 74 s12 Transport (Busway and Light Rail) Amendment chief executive is satisfied is reasonably necessary for conducting the investigations. 'Investigator's authority "180ZZZT.(1) The investigator's authority must be in writing stating the following— (a) the land to which it applies; (b) the purpose for which it is given; (c) when it ends; (d) all conditions imposed on the authority. '(2) The investigator's authority authorises the investigator and associated persons of the investigator— (a) to enter and re-enter land the subject of the authority for investigating the land's potential and suitability for the development; and (b) to the extent reasonably necessary or convenient for the purpose— (i) to do anything on the land; or (11) to bring anything onto the land; or (11) to temporarily leave machinery, equipment or other items on the land. Examples of actions authorised by the investigator's authority— 1. To conduct surveys, investigate and take samples. 2. To clear vegetation, or otherwise disturb the land, to the extent reasonably necessary. 3. To construct temporary access tracks using the land or using materials brought onto the land. "(3) It is declared that— (a) the giving of the investigator's authority is not an indication of a commitment or approval by the State, the chief executive or anyone else to any proposal, and in particular, does not commit — Bo 0 Om NY DA WA w eli andilend RwWN eR num ioe ao Nn Ne cow NN Noe NN KRW NN aun N ~ wn coon s12 75 $12 Transport (Busway and Light Rail) Amendment (b) the State to acquiring land for the development; and a person is not an employee or agent of the State only because the person is an investigator. "(4) The investigator's authority does not authorise entering or doing anything to a structure on the land used solely for residential purposes without the permission of the occupier of the land. "(5) The investigator and each associated person of the investigator, must comply with each condition of the authority, unless the investigator or associated person has a reasonable excuse. Maximum penalty for subsection (5)—200 penalty units. "What investigator must do before land is entered for the first time "180ZZZU.(1) Before land is entered for the first time under the investigator's authority, the investigator must give a written notice to the affected persons for the land together with a copy of the authority. "(2) The notice must state the following— (a) (b) (c) (d) (e) (f) the investigator has been given the investigator's authority; the things the investigator and associated persons of the investigator are authorised to do under the authority; a general outline of the things intended to be done on the land, including the construction of any temporary access track; the approximate period during which the land is to be entered under the authority; the rights of the affected persons under this chapter for the rectification of, and to compensation for, loss or damage suffered because of the investigation; the giving of the authority is not an indication of a commitment or approval by the State, the chief executive or anyone else in relation to any proposal, and in particular, does not commit the State to acquiring land for the development. "(3) The investigator or an associated person of the investigator may enter the land only if— CAHN DNF WN e Oo 1316 18 20 22 242729 31 $12 76 $12 Transport (Busway and Light Rail) Amendment (a) the affected persons give written consent to the entry; or (b) atleast 7 days have passed since the notice was given. 'Investigator to issue associated person with identification "180ZZZV.(1) Before the investigator allows an associated person of the investigator to act under the investigator's authority, the investigator must give the associated person an identification document in the approved form. Maximum penalty—10 penalty units. "(2) The identification document must— (a) state the names of the investigator and the person to whom the identification document is given; and (b) indicate that, for this Act, the person is associated with the holder of the investigator's authority; and (c) state the capacity in which the associated person is an associated person; and (d) be signed by or for the investigator; and (e) be signed by or for the associated person; and (f) state when it ends. "(3) A person who stops being an associated person of an investigator must return the person's identification document to the investigator as soon as practicable, but within 21 days, after the person stops being an associated person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. "(4) Subsections (5) and (6) apply if a person who claims to be, or appears to be, an affected person for the land asks an individual who has entered, is entering or is about to enter land under the investigator's authority— (a) for identification; or (b) about the person's authority to enter the land. "(5) If the request is made of an investigator, the investigator must $12 77 $12 Transport (Busway and Light Rail) Amendment immediately state the investigator's name and show the person a copy of the investigator's authority. Maximum penalty—10 penalty units. "(6) If the request is made of an associated person of the investigator, the associated person must immediately state his or her name and show the other person the associated person's identification document. Maximum penalty for subsection (6)—10 penalty units. 'Pretending to be an investigator or associated person '180ZZZW. A person must not pretend to be an investigator or an associated person of an investigator. Maximum penalty—80 penalty units. 'Investigator to take care in acting under investigator's authority '180ZZZX. The investigator and all associated persons of the investigator— (a) must take as much care as is practicable to minimise damage to the land or inconvenience to the affected persons for the land; and (b) may do anything necessary or desirable to minimise the damage or inconvenience. 'Rectification of damage by investigator '180ZZZY.(1) An affected person for the land may, by written notice ("rectification notice") given to the investigator, require the investigator, within a reasonable time after the investigator has finished investigating the land under the investigator's authority, to rectify loss or damage suffered by the affected person arising out of — (a) the investigator entering the land; or (b) use made of the land by the investigator; or (c) anything brought onto the land by the investigator; or NY DUB W NR 11 14 16 18 212326 $12 78 $12 Transport (Busway and Light Rail) Amendment (d) anything done or left on the land while the investigator was on the land under, or purportedly under, the investigator's authority. "(2) If the loss or damage mentioned in subsection (1) is not rectified or can not be rectified, the affected person may, by written notice ("compensation notice") given to the investigator, clam compensation for the loss or damage not rectified. "(3) A rectification or compensation notice must be given— (a) within 1 year after the loss or damage was suffered; or (b) ata later time allowed by the Land Court. "(4) The claim for compensation may be made— (a) whether or not the act or omission giving rise to the claim was authorised under the investigator's authority; and (b) whether or not the investigator took steps to prevent the loss or damage; and (c) even though the loss or damage was caused, or contributed to, by an associated person of the investigator. "(5) In subsection (1)— "investigator" includes an associated person of the investigator. "Compensation payable by investigator '180ZZZZ.(1) The investigator must compensate each affected person for the land for the loss or damage the affected person has suffered and that has not been rectified. '(2) The amount of compensation is— (a) the amount agreed between the parties; or (b) if the parties can not agree on the amount within a reasonable time, the amount decided by the Land Court. 'Release of bond or security deposit '180ZZZZA.(1) This section applies if, under a condition of the Oo ODN DN HPW Ne e Oo ee NR aon' Bw FR loon ioe ao Nn 2124 26 28 $12 79 $12 Transport (Busway and Light Rail) Amendment investigator's authority, a bond or security deposit is required to be lodged with the chief executive. '(2) If an affected person for the land does not give a rectification or compensation notice within the prescribed time, the chief executive may keep the bond or security deposit until 1 year after the investigator's authority expires. "(3) If an affected person for the land gives a rectification or compensation notice within the prescribed time, the chief executive may keep the bond or security deposit until the chief executive is satisfied the damage or loss has been repaired or rectified or any compensation agreed or awarded for the damage or loss has been paid to the affected person. "(4) In this section— "prescribed time", for giving a rectification or compensation notice arising out of the entry of land by the investigator, means 1 year after the investigator was last on the land under, or purportedly under, the investigator's authority. "Use of bond or security deposit to repair or rectify '180ZZZZB.(1) This section applies if— (a) under a condition of the investigator's authority, a bond or security deposit is required to be lodged with the chief executive; and (b) an affected person for the land gives a rectification or compensation notice within the prescribed time; and (c) the chief executive is satisfied the damage or loss has not been repaired or rectified or compensation agreed or awarded for the damage or loss has not been paid to the affected person. "(2) The chief executive— (a) may use the bond or security deposit to repair or rectify the damage or loss or pay the compensation; and (b) must pay the balance, if any, to the investigator. "(3) In this section— Ne rFowoaon HN pw ee BW N FR loon 18 2023 26 29 31 Clause Clause Clause Clause s 13 80 s 16 Transport (Busway and Light Rail) Amendment "prescribed time", for giving a rectification or compensation notice arising out of the entry of land by the investigator, means 1 year after the investigator was last on the land under, or purportedly under, the investigator's authority.'. Amendment of s 181A (Meaning of "miscellaneous transport infrastructure") 13. Section 181A— insert— "(3) Also, busway transport infrastructure and light rail transport infrastructure are not miscellaneous transport infrastructure.'. Insertion of new s 199A 14. After section 199— insert— "Approved forms "199A. The chief executive may approve forms for use under this Act.'. Amendment of sch 1 (Subject matter for regulations) 15. Schedule 1, item 11— omit, insert— "11. Regulation of— (a) busway, light rail or miscellaneous transport infrastructure; or (b) busway, light rail or miscellaneous transport infrastructure works.'. Amendment of sch 2 (Appeals) 16. Schedule 2— insert— BwWNe coo Om N DW 1214171922 24 s 16 81 s 16 Transport (Busway and Light Rail) Amendment "180F(3)(b) Refusal to allow later Magistrates time to give notice for compensation 80ZQ(3)(b) Refusal to allow later Magistrates time to give notice for compensation 80ZZZB Giving accreditation District on conditions 80ZZZB Refusal to give District accreditation 80ZZZG(2) Refusal to amend District or Magistrates accreditation conditions 80ZZZH(3) Amendment of District or Magistrates accreditation conditions 80ZZZH(8) Amendment of District or Magistrates accreditation conditions 80ZZZ1(3) Suspension or _ District or Magistrates cancellation of accreditation 80ZZZI1(6) Immediate _ District or Magistrates cancellation of accreditation 80ZZZJ(2) Immediate suspension _ District or of accreditation Magistrates'. Clause s17 82 s17 Transport (Busway and Light Rail) Amendment Amendment of sch 3 (Dictionary) 17.1) Schedule 3, definitions "accredited person", "associated person", "authorised person", "construction", "investigator", "plant", "railway" and "road"— omit. (2) Schedule 3— insert— "access" for— (a) chapter 7A, part 4, division 5—see section 180ZF; or (b) chapter 7B, part 4, division 5—see section 180ZZR. "accredited person" means— (a) for chapter 6—a railway manager or operator for whom an accreditation is in force under the chapter; or (b) for chapter 7B—a light rail manager or operator for a light rail for whom an accreditation is in force under the chapter. "acquire", for chapter 7A, part 3 and chapter 7B, part 3, includes acquire by gift, exchange or purchase. "affected person", for chapter 7C, see section 180ZZZP. "approved form" see section 199A. "associated person" for— (a) chapter 6, part 2—see section 77; or (b) chapter 7C—see section 180ZZZP. "authorised person", for a railway or light rail, means a person who is an authorised person for the railway or light rail under the Transport Operations (Passenger Transport) Act 1994, section 116. "busway" means— (a) aroute especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and Cm NI DW BWH Ye eS eK Oo lon' wn Ree ns Ree na N N N ee Nu FF CO Oo Ww NNN On Bw N a NN bp ow ny s17 83 s17 Transport (Busway and Light Rail) Amendment (b) places for the taking on and letting off of bus passengers using the "busway land"— 1. route. "Busway land" means land declared to be busway land under chapter 7A. Additionally, the following apply— (a) for chapter 7A, part 4, division 3, see section 180R; (b) for chapter 7A, part 4, division 5, see section 180ZF; (c) for chapter 7B, part 4, division 3, see section 180ZZD; (d) for chapter 7B, part 4, division 5, see section 180ZZR. "busway transport infrastructure" means each of the following— the pavement on which buses run for a busway; the stations for operating a busway; other facilities necessary for managing or operating a busway, including for example— (i) infrastructure put in place for the busway, including the following— support earthworks cuttings drainage works excavations land fill; and (11) the following things, if associated with the busway's operation— access or service lanes bridges, including bridges over water busway operation control facilities communication systems Cm NI DA WR WwW NE 1113 15 17 192124 2628 s17 84 s17 Transport (Busway and Light Rail) Amendment depots machinery and other equipment noise barriers notice boards, notice markers and signs office buildings passenger interchange facilities between the busway and other modes of transport platforms power and communication cables signalling facilities and equipment survey stations, pegs and marks ticketing equipment tunnels under-busway structures workshops; (d) vehicle parking and set down facilities for intending passengers for a busway; (e) pedestrian facilities, including paving of footpaths, for a busway; (f) landscaping or associated works for a busway. "busway transport infrastructure works" means works done for— (a) constructing busway transport infrastructure or things associated with busway transport infrastructure; or (b) the maintenance of busway transport infrastructure or of things associated with busway transport infrastructure; or (c) facilitating the operation of busway transport infrastructure or things associated with busway transport infrastructure. "compensation notice", for chapter 7C, see section 180ZZZY. Oo DNDN Ff W NY a a nA FF Ww NY KF SO Ree na Noe SO & Nw Ne NN Rw NN Hun N NX s17 85 s17 Transport (Busway and Light Rail) Amendment "construction" for— (a) chapter 5—see section 22; or (b) chapter 7A—see section 180A; or (c) chapter 7B—see section 180ZL. "development", for chapter 7C, see section 180ZZZP. "establishment" for— (a) chapter 7A, part 4, division 5—see section 180ZF; or (b) chapter 7B, part 4, division 5—see section 180ZZR. "information notice", for a decision the subject of a written notice given to a person, is a written notice stating that the person may— (a) under section 196, ask for the decision to be reviewed and appeal against the reviewed decision; and (b) under the Transport Planning and Coordination Act 1994, part 5, ask for the decision or the reviewed decision to be stayed. "interference" for— (a) chapter 7A, part 4, division 5—see section 180ZF; or (b) chapter 7B, part 4, division 5—see section 180ZZR. "investigator" means— (a) other than for chapter 7C—a person who holds an authority; or (b) for chapter 7C—a person who holds an investigator's authority under that chapter. "investigator's authority", for chapter 7C, see section 180ZZZP. "light rail" means— (a) a route especially designed and constructed for, and wholly or partly dedicated to, the priority movement of light rail vehicles for passenger transport purposes, and (b) places for the taking on and letting off of light rail vehicle passengers using the route. s17 86 s17 Transport (Busway and Light Rail) Amendment "light rail authority", for chapter 7B, part 4, division 3, see section 180ZZD. "light rail land"— 1. "Light rail land" means land declared to be light rail land under chapter 7B. 2. Additionally, the following apply— (a) for chapter 7B, part 4, division 3, see section 180ZZD; (b) for chapter 7B, part 4, division 5, see section 180ZZR. "light rail manager", for a light rail, means a person who holds an accreditation under chapter 7B, part 5 as the light rail manager for the light rail. "light rail operator", for a light rail, means a person who holds an accreditation under chapter 7B, part 5 as a light rail operator for the light rail. "light rail transport infrastructure" means each of the following— (a) the rails on which light rail vehicles run for a light rail and pavement incorporating the rails; (b) the stations for operating a light rail; (c) other facilities necessary for managing or operating a light rail, including, for example— (i) works built for the light rail, including the following— * cuttings ¢ drainage works . excavations * land fill * track support earthworks; and (11) light rail vehicles that operate on a light rail; and FBFoDo Om N DA HWNpR WwW NYE eee ee BRWN Nn ee Na Co Ne cow No NY NY NY BR WwW NHN NON NY NY nN nw s17 87 s17 Transport (Busway and Light Rail) Amendment (11) the following things if they are associated with the light rail's operation— access or service lanes bridges, including bridges over water communication systems light rail operation control facilities machinery and other equipment maintenance depots marshalling yards noise barriers notice boards, notice markers and signs office buildings overhead electrical power supply systems and support structures over-track structures passenger interchange facilities between light rail and other modes of transport platforms power and communication cables power supply substations and equipment signalling facilities and equipment survey stations, pegs and marks tunnels ticketing equipment under-track structures workshops; (d) vehicle parking and set down facilities for intending passengers for a light rail; Oo DOAN DA FW Ne Se Be NF oO eile' Rw Nn Ree na No NY NY NY NY NY N YF & Hn fF WN FK§ DO w NN on s17 88 s17 Transport (Busway and Light Rail) Amendment (e) pedestrian facilities, including paving of footpaths, for a light rail; (f) landscaping or associated works for a light rail. "light rail transport infrastructure works" means works done for— (a) constructing light rail transport infrastructure or things associated with light rail transport infrastructure; or (b) the maintenance of light rail transport infrastructure or of things associated with light rail transport infrastructure; or (c) facilitating the operation of light rail transport infrastructure or things associated with light rail transport infrastructure. "light rail vehicle" means a type of transport that— (a) is intended wholly or mainly for the carriage of passengers or for track maintenance; and (b) travels on flanged wheels on parallel rails; and (c) is designed to operate in line of sight on road-like areas. "plant" includes any of the following— (a) aconduit or cable; (b) an electrical installation under the Electricity Act 1994; (c) an overhead conveyor; (d) a pipeline; (e) apole; (f) arailway, monorail or tramway; (g) a telecommunications plant; (h) a viaduct or aqueduct; (i) a water channel. "public utility plant" means plant permitted under another Act or a Commonwealth Act to be on a road. "public utility provider" means an entity that owns public utility plant. "railway" does not include a light rail or light rail transport infrastructure, and for chapter 6, part 4, see also section 80. Cm ADR AR WN 13151719212326 29 s17 89 s17 Transport (Busway and Light Rail) Amendment "rectification notice", for chapter 7C, see section 180ZZZY. "road"— (a) (b) (c) (d) for chapter 7A, part 3, has the meaning given in section 180G; and for chapter 7B, part 3, has the meaning given in section 180ZR; and does not include an area or thing that is busway land, busway transport infrastructure, light rail land or light rail transport infrastructure; and subject to paragraphs (a) to (c), means— (i) an area of land dedicated to public use as a road; or (11) an area that is open to or used by the public and is developed for, or has as | of its main uses, the driving or riding of motor vehicles; or (11) a bridge, culvert, ferry, ford, tunnel or viaduct; or (iv) a pedestrian or bicycle path; or (v) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in subparagraphs (i) to (iv).'. (3) Schedule 3, definition "land", paragraph (a), 'chapters 5 and 8'— omit, insert— 'chapters 5 and 7A to 8'. (4) Schedule 3, definition "land", paragraph (c), "chapter 8'— omit, insert— 'chapters 7A to 8'. (5) Schedule 3, definition "occupier", 'chapters 5, 6 and 8'— omit, insert— 'chapters 5, 6, 7A, 7B, 7C and 8'. oon nn Bw NY eS eK Oo eli andilend RwWN re Hn wn ile' on Nw Ne NY NY NY YS RW NY KF Oo / NON NY NY nN nw Clause Clause Clause $18 90 s 20 Transport (Busway and Light Rail) Amendment (6) Schedule 3, definition "rolling stock", after "train'-— insert— 'or light rail vehicle'. (7) Schedule 3, definition "rolling stock", after 'railway'— insert— 'or light rail'. (8) Schedule 3, definition "transport infrastructure", after 'port'— insert— ', busway, light rail'. PART 3—AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 Act amended in pt 3 18. This part amends the Transport Operations (Passenger Transport) Act 1994. Amendment of ch 11, pt 2 hdg 19. Chapter 11, part 2, heading, after 'RATLWAYS'— insert— 'OR LIGHT RAIL'. Amendment of s 116 (Appointment of authorised persons for railways) 20.(1) Section 116, heading, after 'railways'— insert— 'or light rail'. — oO mnnn una f&- WwW WN 11 14 1618 20 22 Clause $21 91 $21 Transport (Busway and Light Rail) Amendment (2) Section 116(2), 'for the railway'— omit, insert— 'for a railway'. (3) Section 116— insert— "(2A) The chief executive may appoint a person to be an authorised person for a light rail.'. (4) Section 116(3), 'for the railway'— omit, insert— 'for a railway or light rail'. (5) Section 116(4), after 'authorised person'— insert— 'for a railway or light rail'. (6) Section 116(5), after 'the railway'— insert— 'or light rail'. Amendment of s 117 (Identity cards) 21.(1) Section 117— insert— '(2B) The chief executive must give an identity card to each person appointed as an authorised person for a light rail under section 116(2A).'. (2) Section 117(3)(c), after 'railway'— insert— 'or light rail'. (3) Section 117— insert— Oo DNDN Ff W NY a a a DH vn fF Ww NY KF SC 1821 2326 Clause Clause Clause $22 92 s 24 Transport (Busway and Light Rail) Amendment (4A) A person who stops being an authorised person for a light rail must return the person's identity card to the chief executive as soon as practicable, but within 21 days, after the person stops being an authorised person for the light rail, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.'. Amendment of s 118 (Producing or displaying authorised person's identity card) 22. Section 118(2), after 'for a railway'— insert— 'or light rail'. Amendment of s 119 (Protection from liability) 23.(1) Section 119(1), definition "official", paragraph (a), after 'for a railway' — insert— 'or light rail'. (2) Section 119(3)(a), after 'authorised person'— insert— 'is an authorised person for a railway and'. Amendment of s 155 (Regulations) 24. Section 155(3)— insert— "(i) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of busway land— (i) buses operating on a busway established on the busway land; and (11) persons having the permission of the chief executive to be on nN BwWNe 13 15172023 25 s25 93 s 26 Transport (Busway and Light Rail) Amendment the busway land; or Gj) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of light rail land— (i) light rail vehicles operating on a light rail established on the light rail land; and (11) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.'. PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT Act amended in pt 4 Clause 25. This part amends the Transport Operations (Road Use Management) Act 1995. Amendment of s 171 (Regulation-making power) Clause 26. Section 171(3)— insert— '(ga)prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of busway land— (i) buses operating on a busway established on the busway land; (11) persons having the permission of the chief executive to be on the busway land; or (gb) prescribe rules about the use by the following, under the Transport Infrastructure Act 1994, of light rail land— (i) light rail vehicles operating on a light rail established on the CID AHR Wp 11 14 1619 21 23 25 $27 94 s 28 Transport (Busway and Light Rail) Amendment light rail land; (11) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land; or'. PART 5—AMENDMENT OF TRANSPORT PLANNING AND COORDINATION ACT 1994 Act amended in pt 5 Clause 27. This part amends the Transport Planning and Coordination Act 1994. Amendment of s 3 (Definitions) Clause 28.(1) Section 3— insert— ' "busway transport infrastructure" has the meaning given in the Transport Infrastructure Act 1994, schedule 3. "light rail transport infrastructure" has the meaning given in the Transport Infrastructure Act 1994, schedule 3.'. (2) Section 3, definition "transport land", paragraph (b)— insert— '(iv) busway transport infrastructure or bus passenger services; or (v) light rail transport infrastructure or light rail passenger services.'. RwWN 1114 16 1821 Clause Clause Clause s 29 95 s31 Transport (Busway and Light Rail) Amendment Amendment of s 23 (Functions of chief executive not limited by implication) 29. Section 23(1), example 4, from 'road transport'— omit, insert— 'functions for road transport infrastructure, busway transport infrastructure and light rail transport infrastructure under that Act.'. Amendment of s 25 (General powers regarding property) 30. Section 25(6), 'easement in land beneath'— omit, insert— "easement or other interest in land above or beneath'. Insertion of new s 26A 31.(1) After section 26— insert— 'Changing requirement for transport land '26A.(1) This section applies to transport land taken under the Acquisition of Land Act 1967 for a particular transport purpose. '(2) The Minister may, by gazette notice under this Act, declare that the and is required for another stated transport purpose. "(3) The land is taken to have been acquired for the other transport purpose from the day the declaration is published in the gazette. "(4) The Acquisition of Land Act 1967, section 41 does not apply to the and because of the change of purpose. "(5) This section does not affect any right of a person to compensation because of the acquisition. DAN fF W Ne 1214 16 18 20 22 24 s 32 96 s 32 Transport (Busway and Light Rail) Amendment '(6) To remove doubt, it is declared that a declaration under subsection (2)— (a) is not an acquisition of the land; and (b) does not give a right to compensation.'. Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land to transport GOC etc.) Clause 32.(1) Section 27, heading, 'to transport GOC etc.'— omit. (2) Section 27(1), from 'transport land'— omit, insert— "transport land— (a) (b) (c) s i f the land is for busway transport infrastructure or bus passenger ervices—to any person for busway transport infrastructure or bus passenger services; or f the land is for light rail transport infrastructure or light rail passenger services—to any person for light rail transport infrastructure or light rail passenger services; or f the land is for a transport purpose other than a purpose mentioned in paragraph (a) or (b)—to a transport GOC or a franchisee or railway manager under the Transport Infrastructure Act 1994.'. © State of Queensland 2000 BW Ne oc ON DW 11 13161921