Tourist and Heritage Railways Regulations 2011 (Vic)

Version No. 003

Tourist and Heritage Railways Regulations 2011

S.R. No. 102/2011

Version incorporating amendments as at

1 January 2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provisions

3Commencement

4Definitions

Part 2—Advisory committee

5Composition of committee

6Nomination of representatives of tourist and heritage railway operators

7Appointment of members

Part 3—Tourist and Heritage Railway Group Register

8Additional information

9Criteria for inclusion

Part 4—Offences

10Graffiti

11Prohibited language

12Prohibited behaviour

13Trespassing on railway premises

14Rubbish dumping

15Interfering with equipment

16Damaging equipment

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Endnotes

1      General information

2.     Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 003

Tourist and Heritage Railways Regulations 2011

S.R. No. 102/2011

Version incorporating amendments as at

1 January 2020

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to support the tourist and heritage railway sector and promote improvement in the operational activities of that sector by—

(a)prescribing the appointment of members of the advisory committee established under section 8 of the Act;

(b)prescribing the number of members and the composition of the advisory committee;

(c)prescribing additional information to be included in the Tourist and Heritage Railway Group Register;

(d)prescribing the criteria for registration on the Tourist and Heritage Railway Group Register; and

(e)creating certain offences.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 1 October 2011.

4Definitions

In these Regulations—

incorporated association has the same meaning as it has in section 3(1) of the Associations Incorporation Act 1981;

public officer has the same meaning as it has in section 3(1) of the Associations Incorporation Act 1981;

the Actmeans the Tourist and Heritage Railways Act 2010.

Part 2—Advisory committee

5Composition of committee

(1)The advisory committee may consist of up to 8 members comprising—

(a)the Registrar, who is to be the Chair; and

(b)7 members appointed by VicTrack.

(2)The members who may be appointed by VicTrack comprise—

(a)a person nominated by the Chief Executive of Tourism Victoria;

(b)a person nominated by the Chief Executive of Regional Development Victoria;

(c)a person nominated by the Chief Executive of VicTrack;

(d)up to 4 persons nominated in accordance with regulation 6 representing, respectively, each of the tourist and heritage railway operators described in that regulation.

6Nomination of representatives of tourist and heritage railway operators

(1)VicTrack may seek nominations for appointment to the advisory committee from the following groups of tourist and heritage railway operators—

(a)the group of operators operating on a railway track gauge of 1435mm or more (the broad gauge group);

(b)the group of operators operating on a railway track that is also used by a passenger transport company (the mainline group);

(c)the group of operators operating on a railway track with a gauge between 600mm and 1067mm (the narrow gauge group); and

(d)the group of operators operating on a tramway track (the tramway group).

(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)The nominations must be in a form determined by VicTrack.

(4)VicTrack must ensure, to the extent possible, that the 4 members representing the tourist and heritage railway operators have between them skills, knowledge and acumen in each of the following areas—

(a)tourist and heritage railway operations;

(b)business;

(c)the conservation of heritage assets;

(d)civil or mechanical engineering.

(5)VicTrack may decline a nomination from one or more of the tourist and heritage railway groups if VicTrack is not satisfied that the appointment of the nominee, or nominees, will result in the skills, knowledge and acumen described in subregulation (4) and may request that the group, or groups, nominate another person.

(6)In this regulation—

passenger transport company has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983.

7Appointment of members

(1)VicTrack may, by written instrument, appoint a person to be a member of the advisory committee.

(2)VicTrack may determine the terms and conditions of the appointment.

Part 3—Tourist and Heritage Railway Group Register

8Additional information

For the purposes of section 23(1)(g) of the Act, the following information to be recorded in the Tourist and Heritage Railway Group Register against each tourist and heritage railway operator is prescribed—

(a)if the operator is an incorporated association—the name of its public officer;

(b)if the operator is a company limited by guarantee—the name of its secretary.

9Criteria for inclusion

(1)For the purposes of Part 5 of the Act, the following criteria that a tourist and heritage railway operator must meet in order to be registered in the Tourist and Heritage Railway Group Register are prescribed—

(a)the operator is either an incorporated association or a company limited by guarantee;

(b)the operator has a committee, board or governing body;

(c)the operator has a policy on working with children;

(d)the operator has a business plan;

(e)the operator has an asset conservation plan;

(f)the operator has a marketing strategy.

(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.

(3)VicTrack may specify any information that must be contained in a business plan, asset conservation plan or marketing strategy prescribed under subregulation (1).

Part 4—Offences

10Graffiti

(1)A person must not mark graffiti on any rail asset or railway premises unless the person has first obtained the express consent of the owner or custodian of the rail asset or of the owner, occupier or lessee of the railway premises to do so.

Penalty:10 penalty units.

(2)In this regulation—

mark graffiti has the same meaning as it has in section 3 of the Graffiti Prevention Act 2007.

11Prohibited language

A person in or on a rail asset or railway premises must not use indecent, obscene, offensive or threatening language.

Penalty:10 penalty units.

12Prohibited behaviour

A person in or on a rail asset or railway premises must not behave in an obscene, offensive, threatening, disorderly or riotous manner.

Penalty:10 penalty units.

13Trespassing on railway premises

A person must not wilfully trespass on any railway premises or refuse to leave when requested by the owner or occupier.

Penalty:20 penalty units.

14Rubbish dumping

(1)A person must not deposit any solid or liquid domestic or commercial waste, refuse, debris or rubbish on any railway premises except in a receptacle provided for that purpose.

Penalty:20 penalty units.

(2)In this regulation—

deposit means the act of parting with possession of a thing.

15Interfering with equipment

A person must not interfere with or attempt to interfere with any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises unless the person has first obtained the express consent of the owner, occupier or lessee of the railway premises to do so.

Penalty:20 penalty units.

16Damaging equipment

A person must not damage or attempt to damage any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises.

Penalty:20 penalty units.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Tourist and Heritage Railways Regulations 2011, S.R. No. 102/2011 were made on 22 September 2011 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section 31 of the Tourist and Heritage Railways Act 2010, No. 79/2010 and came into operation on 1 October 2011: regulation 3.

The Tourist and Heritage Railways Regulations 2011 will sunset 10 years after the day of making on 22 September 2021 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2.     Table of Amendments

This publication incorporates amendments made to the Tourist and Heritage Railways Regulations 2011 by statutory rules, subordinate instruments and Acts.

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Tourist and Heritage Railways Amendment Regulations 2014, S.R. No. 198/2014

Date of Making:	29.10.14
Date of Commencement:	29.10.14

Tourist and Heritage Railways Amendment Regulations 2019, S.R. No. 167/2019

Date of Making:	23.12.19
Date of Commencement:	1.1.20: reg. 3

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3   Amendments Not in Operation

Not updated for this publication.

4   Explanatory details

No entries at date of publication.