Tourist and Heritage Railways Amendment Regulations 2014 (Vic)

Tourist and Heritage Railways Amendment Regulations 2014

S.R. No. 198/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising Provision

3Principal Regulations

4Composition of committee

5Nomination of representatives of tourist and heritage railway operators

6Appointment of members

7Criteria for inclusion

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 198/2014

Tourist and Heritage Railways Act 2010

Tourist and Heritage Railways Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 29 October 2014

Responsible Minister:

TERRY MULDER
Minister for Public Transport

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Tourist and Heritage Railways Regulations 2011 to—

(a)reflect that the office of the Director of Public Transport has been replaced by the Public Transport Development Authority; and

(b)confirm that a group of tourist and heritage railway operators may nominate a person for appointment to the advisory committee by majority agreement; and

(c)allow the advisory committee to operate with fewer than 8 members; and

(d)amend the criteria for registration on the Tourist and Heritage Railway Group Register.

2Authorising Provision

These Regulations are made under section 31 of the Tourist and Heritage Railways Act 2010.

3Principal Regulations

In these Regulations, the Tourist and Heritage Railways Regulations 2011[1] are called the Principal Regulations.

4Composition of committee

(1)In regulation 5(1) of the Principal Regulations—

(a)for "consists of " substitute "may consist of up to"; and

(b)in paragraph (b), for "Director" substitute "Public Transport Development Authority".

(2)In regulation 5(2) of the Principal Regulations—

(a)for "7 members appointed by the Director" substitute "members who may be appointed by the Public Transport Development Authority"; and

(b)in paragraph (d), before "4 persons" insert "up to".

5Nomination of representatives of tourist and heritage railway operators

(1)In regulation 6(1) of the Principal Regulations, for "Director" substitute "Public Transport Development Authority".

(2)For regulation 6(2) of the Principal Regulations substitute—

"(2)A person may be nominated by a group of tourist and heritage railway operators if—

(a)the person is a member of the committee, board or governing body of one of the operators from that group; and

(b)a majority of the operators from that group agree to nominate the person.".

(3)In regulation 6(3), (4) and (5) of the Principal Regulations, for "Director" (wherever occurring) substitute "Public Transport Development Authority".

6Appointment of members

In regulation 7 of the Principal Regulations, for "Director" (wherever occurring) substitute "Public Transport Development Authority".

7Criteria for inclusion

(1)In regulation 9(1)(c) of the Principal Regulations, for "children." substitute "children;".

(2)After regulation 9(1)(c) of the Principal Regulations insert—

"(d)the operator has a business plan;

(e)the operator has an asset conservation plan;

(f)the operator has a marketing strategy.".

(3)For regulation 9(2) of the Principal Regulations substitute—

"(2)A tourist and heritage railway operator is taken to satisfy the criteria prescribed in subregulation (1)(e) or (f) if the operator—

(a)has commenced drafting the relevant asset conservation plan or marketing strategy; and

(b)completes drafting the relevant asset conservation plan or marketing strategy within a reasonable time after being included in the Tourist and Heritage Railway Group Register.".

(4)After regulation 9(2) of the Principal Regulations insert—

"(3)The Public Transport Development Authority may specify any information that must be contained in a business plan, asset conservation plan or marketing strategy prescribed under subregulation (1).".

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ENDNOTES

[1] Reg. 3: S.R. No. 102/2011.