Transport Administration Amendment (Light Rail) Act 1996 (NSW)
New South Wales
Transport Administration Amendment
(Light Rail) Act 1996 No 128
Contents
Page
| 1 Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Transport Administration Act 1988 | |
| No 109 | 2 | |
| 4 | Amendment of other Acts | 2 |
Schedules
| 1 | Amendment of Transport Administration Act 1988 | 3 |
| 2 | Amendment of other Acts | 18 |
New South Wales
Transport Administration Amendment
(Light Rail) Act 1996 No 128
Act No 128, 1996
An Act to amend the Transport Administration Act 1988 and other Acts with respect to light rail services; and for other purposes. [Assented to 3 December 1996]
| Section 1 | Transport Administration Amendment (Light Rail) Act 1996 No 128 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Transport Administration Amendment (Light Rail)
Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Transport Administration Act 1988 No 109
The Transport Administration Act 1988 is amended as set out in
Schedule 1.
4 Amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that
Schedule.
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| Schedule 1 Amendment of Transport |
Administration Act 1988
(Section 3)
[ 1 ] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
light rail services—see section 104M.
light rail system—see section 104N.
Transport Administration Corporatio n means the
Transport Administration Corporation constituted under
this Act.
[ 2 ] Section 36 References to functions of Director-General
Insert “or 37A or under Division 2A of Part 9” after “ section 37”.
[3 ] Section 38 Functions of ensuring provision of appropriate passenger services
| Omit “section 43” from section 38 (2). Insert instead “section 104E” . |
[4 ] Section 38 (2A)
Insert after section 38 (2):
(2A) This section extends to light rail services.
[5] Section 40 Delegation
Omit section 40 (3) (a).
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
[6] Section 43 Power of Director-General to contract
Omit the section.
[7 ] Section 44 Constitution of PTA
| Omit “not more than 5 members” from section 44 (2) (b). Insert instead “not more than 6 members” . |
[8] Section 44 (2) (b) (v)
Insert after section 44 (2) (b) (iv):
(v) a representative of light rail system operators, and
[9 ] Section 70 Payment into State Rail Authority Fund
Rail Safety Act 1993 in connection with railway services operated by the State Rail Authority (but only if proceedings or penalty notices for the offences were instituted or issued by that Authority or an employee of that Authority)” .
| Omit “under section 97 or the regulations under section 99” from section 79A (or the regulations under section 79B) of the section 70 (c). |
[ 1 0 ] Section 74 Payment into State Transit Authority Fund
Omit “under the regulations under section 104” from section 74(c). Insert instead “under the regulations under section 104, or under the regulations under section 63 of the Passenger Transport Act 1990 in connection with bus or ferry services operated by the State Transit Authority (but only if proceedings or penalty notices for the offences were instituted or issued by that Authority or an employee of that Authority)” .
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[11] Part 9, Division 2A (sections 104A-104V)
Insert after Division 2 of Part 9:
| ||
|
104A Definition of “functions” of Director-General
In this Subdivision, functions of the Director-General means functions of the Director-General under Part 4, under an Act referred to in section 37 or 37A or under this Subdivision or Subdivision 2.
104B Exercise of functions through Transport Administration
Corporation, joint ventures or other associations
| (1) | A function of the Director-General may, if the Director-General so determines, be exercised: | |||
| ||||
| (2) | A function of the Director-General that is exercisable in relation to anything belonging to, or controlled by, the Director-General is also exercisable in relation to anything belonging to, or controlled by, the Transport Administration Corporation. |
104C Exercise of functions in Director-General's own capacity
and on behalf of Crown
Nothing in this Division prevents the Director-General from exercising a function in his or her capacity as the Director-General and entering into contracts or doing other things on behalf of the Crown.
104D Transport Administration Corporation
| (1) | There is established by this Act a body corporate with the corporate name of the Transport Administration Corporation. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
The Corporation is a statutory body representing the
Crown.
The Corporation is, for the purposes of the Public Finance and Audit Act 1983, the Annual Reports (Departments) Act 1985 or any other prescribed Act, taken to be part of the Department of Transport.
The affairs of the Corporation are to be managed and controlled by the Director-General. Any act, matter or thing done in the name of, or on behalf of, the Corporation by the Director-General is taken to have been done by the Corporation.
104E Power of Director-General to contract
| (1) | The Director-General may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the Director-General's functions. |
| (2) | Nothing in this section limits the operation of any provision of the Passenger Transport Act 1990 or the Rail Safety Act 1993. |
104F Sale, lease or other disposal of land
| (1) | The Director-General may sell, lease or otherwise dispose of any of the Director-General's land. |
| (2) | The Director-General may transfer to the Transport Administration Corporation land (including an interest in land) vested in the Director-General. |
104G Acquisition of land
| (1) | The Director-General may, for the purpose of the exercise of the Director-General's functions, acquire land (including an interest in land) by agreement or compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (2) | The other purposes for which land may be acquired under subsection (1) include for the purposes of future sale, lease or disposal, that is, to enable the Director-General to exercise his or her functions in relation to land. | |||
| (3) | The Director-General may not acquire land under this section by compulsory process without the approval of the owner if it is being acquired for the purpose of re-sale. However, the owner's approval is not required: | |||
|
(4) The Director-General may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 in relation to an interest in land to which section 104R applies that is under, on or over a public road unless it has first given a copy of the proposed notice to the Minister for Roads.
| (5) | An acquisition of land under this section is not void merely because it is expressed to be for the purpose of exercising the functions of the Director-General or for the purposes of this Act. |
(6) Nothing in this section is taken to mean that the Director-General cannot exercise functions in relation to land unless the Director-General first compulsorily acquires the land concerned.
104H Application of Public Works Act 1912
| (1) | For the purposes of the Public Works Act 1912, any acquisition of land under section 104G is taken to be for an authorised work and the Director-General is, in relation to the authorised work, taken to be the Constructing Authority. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (2) | Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes for which the land was acquired. |
104I Other functions concerning land
| (1) | The Director-General may, with the consent of the owner of any land, exercise in relation to the land any function that the Director-General could so exercise if the Director-General were the owner of the land. |
| (2) | The Director-General may exercise in relation to any land in which the Director-General holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest. |
104J Annual reporting requirements
The annual report of the Department of Transport is to include:
| (a) | a report of the activities of the Director-General during the reporting year with respect to passenger transport facilities (including light rail systems) and a statement of any such proposed activities for the following year, and |
| (b) | the short, medium and long term objectives of the Director-General with respect to passenger transport facilities (including light rail systems) and the strategies for achieving those objectives. |
104K Regulations
| (1) | The regulations may make provision for or with respect to passenger transport facilities (including light rail systems) provided in the exercise of the Director-General's functions. | |
| (2) | In particular, the regulations may make provision for or with respect to: | |
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (b) | the use of and access to those facilities, and |
| (c) | the protection and preservation of those facilities, and |
| (d) | the security, safety and order of persons using those facilities. |
| Subdivision 2 | Special provisions relating to light rail |
104L Definitions
In this Subdivision:
develop a light rail system includes:
| (a) | carry out development (within the meaning of the Environmental Planning and Assessment Act 1979) for the purposes of a light rail system, or |
| (b) | finance any such development, or |
| (c) | maintain any such development. |
operate a light rail system means operate the system
within the meaning of the Rail Safety Act 1993.
104M Light rail services
For the purposes of this Act, light rail services are railway passenger services provided by light rail vehicles, including passenger services declared by the regulations to be light rail services (whether described by reference to the class of vehicles providing the services or the rail or other system used to guide the vehicles providing the services).
104N Light rail system
| (1) | For the purposes of this Act, a light rail system is a system for the provision of light rail services along a route declared under subsection (2), including tracks, catenaries, supports for tracks and catenaries, stops, access to stops, signalling and other control facilities, vehicles, vehicle depots and other facilities and equipment associated with the provision of those services. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
The regulations may declare a route along a public street or through other land to be the route of a light rail system. A route may be so declared:
| (a) | whether or not a light rail service is operating along the route, and |
| (b) | whether or not the State or an authority of the State owns or proposes to acquire the system providing the service. |
| (3) | A regulation may not declare a route along a public street to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister administering the Traffic Act 1909. |
| (4) | A regulation may not declare a route through any park or bushland to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister for the Environment. In this subsection: |
| bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation, being land that is zoned or reserved for public open space purposes under an environmental planning instrument. | |
| park means an area of open space used for recreation (other than bushland), being an area that is vested in or under the control of a public or local authority. | |
| (5) | Any dispute in connection with the making of a recommendation under subsection (3) or (4) may be determined by the Premier. |
104O Development and operation of light rail systems
| (1) | The Director-General may develop light rail systems, or facilitate their development by other persons. |
| (2) | The Director-General may operate light rail systems, or facilitate their operation by other persons. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
104P Part 5 of EPA Act to apply to development for light rail
system
| (1) | In this section: | |||
| development has the same meaning as in Part 4 of the EPA Act. | ||||
| EPA Act means the Environmental Planning and Assessment Act 1979. | ||||
| (2) | Development for the purposes of a light rail system: | |||
| ||||
| (3) | Development for the purposes of a light rail system is an activity within the meaning of Part 5 of the EPA Act and the Director-General is the proponent and a determining authority in relation to that activity for the purposes of that Part. | |||
| Note. By virtue of this subsection, the approval of the Minister administering the EPA Act is, if an EIS is prepared, required under Division 4 of Part 5 of that Act before the activity is carried out. | ||||
| (4) | Development for the purposes of a light rail system includes anything that is incidental to the carrying out of any such development. |
104Q Local government approvals not required for light rail
system
| (1) | This section applies to: | |
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (b) | anything done that is incidental to the erection or demolition of a building for the purposes of a light rail system, and |
| (c) | the subdivision of land for the purposes of a light rail system. |
The approval of the council of a local government area is not required under section 68 of the Local Government Act 1993 or under subdivision legislation for anything to which this section applies.
In this section:
building and erection have the same meanings they have
in the Local Government Act 1993.
subdivision legislation means Part 12 of the Local Government Act 1919, the Strata Titles Act 1973, the Strata Titles (Leasehold) Act 1986 or the Community Land Development Act 1989.
104R Easements etc for light rail system
| (1) | This section applies to: | |||
| ||||
| for the purposes of the development or operation of a light rail system. | ||||
| (2) | The functions of the Director-General under Subdivision | |||
| 1 in relation to land extend (without limitation) to any | ||||
| easements, rights of way or restrictions on use to which this section applies, including: | ||||
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (3) | Despite anything to the contrary in the Land Acquisition (Just Terms Compensation} Act 1991, compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is under, on or over a public road (within the meaning of the Roads Act 1993). |
| (4) | Despite anything to the contrary in the Land Acquisition (Just Terms Compensation} Act 1991, compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is an easement for support of a catenary from a building or structure or from any land (except compensation for actual damage done in the construction of the support for the catenary or caused by that support). |
104S Exemption of light rail system from payment of rates
and land tax
| (1) | For the purpose of the application of the provisions of the following Acts relating to the payment of rates and taxes, land used or under construction for a light rail system is to be regarded as Crown land not leased for private purposes: | |||||||||
| ||||||||||
| (2) | This section does not apply to land used or under construction for administrative offices, workshops and other maintenance facilities, vehicle depots or other purposes prescribed by the regulations. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (3) | The Minister may determine any dispute concerning the application of this section to any particular land. |
104T Exemption from liability for stamp duty
The regulations may exempt any matter concerning the development or operation of a light rail system from liability for the payment of stamp duty under the Stamp Duties Act 1920.
104U Altering position of conduit for purposes of light rail
system
| (1) | The Director-General or a person authorised by the Director-General may serve a written notice on a person under this section i f | |||||
| ||||||
| (2) | The notice: | |||||
| ||||||
| (3) | If the work is not carried out as required by the notice, the Director-General, or a person authorised by the Director-General, may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (4) | In this section, conduit means anything that is under, on or over a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals. |
104V Resolution of disputes concerning development of light
raiI
| (1) | This section applies to the following disputes: | |||
| ||||
| (2) | The annual report of the Department of Transport is to include a report of any dispute to which this section applies that is determined by the Premier. | |||
| (3) | In this section, a reference to the development of light rail systems is a reference to the planning and development of new or significant extensions to light rail systems, but not including activities associated with the construction or maintenance of light rail systems. |
[ 1 2 ] Schedule '7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Transport Administration Amendment (Light Rail) Act
1996.
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 1 | Amendment of Transport Administration Act 1988 |
[ 1 3 ] Schedule 7, Part 4
Insert after Part 3:
| ||
| 63 Definitions |
In this Part:
roads transferorder means the order under section 150 of the Roads Act 1993, published in the Gazette of 24 November 1995 at page 7988 for the transfer of certain public roads from the Sydney City Council to the Roads and Traffic Authority.
Ultimo/Pyrmont light rail roads authority agreement means the agreement made on 22 December 1995 between the Sydney City Council, the State Rail Authority of New South Wales and the Director-General of the Department of Transport relating to the Ultimo/ Pyrmont Light Rail Transit System from Central Station, Sydney to Wattle Street, Pyrmont.
64 Termination of agreement
| (1) | The Ultimo/Pyrmont light rail roads authority agreement is terminated by virtue of this clause and the parties to the agreement have no further obligations or rights under the agreement. |
| (2) | In particular, any indemnity under the agreement ceases on its termination, but without affecting any obligations actually incurred under the indemnity during the period the agreement was in force. |
| (3) | The consent of the Sydney City Council, as roads authority, to the roads transfer order is not affected by the termination of the agreement. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of Transport Administration Act 1988 | Schedule 1 |
65 Revocation of roads transfer order
| (1) | The roads transfer order is revoked by virtue of this clause. | |||
| (2) | On the revocation of the order, a further order is taken to have been made under section 150 of the Roads Act 1993 transferring the public roads to which the revoked roads transfer order applied from the Roads and Traffic Authority to the Sydney City Council. The requirements of section 150 of that Act do not apply to the further order. | |||
| (3) | Any consent, approval, authorisation or other thing done by the Roads and Traffic Authority under the Roads Act 1993 as the roads authority for those public roads and having any force or effect on the commencement of this clause: | |||
|
66 Amendment of Roads (General) Regulation 1994
The Roads (General) Regulation 1994 is amended by omitting clause 79A.
Note. The clause concerned declared the RTA to be the roads authority for a certain area in the vicinity of Hay Street between Elizabeth and Quay Streets.
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 2 | Amendment of other Acts |
| Schedule 2 | Amendment of other Acts |
(Section 4)
| 2.1 | Local Government Act 1993 No 30 |
| Section 611 Annual charge on rails, pipes etc | |
| Insert at the end of section 6 (6) (c): |
, or
| (d) | the owner or operator of a light rail system (within the meaning of the Transport Administration Act 1988), but only if the matter relates to the development or operation of that system and is not excluded by the regulations from the exemption conferred by this paragraph. |
| 2 .2 | Motor Accidents Act 1 9 8 8 N o 1 0 2 |
| [ 1 ] | Section 3 Definitions |
| Insert in alphabetical order in section 3 (1): |
light rail vehicle means a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988, or any other light rail system prescribed by the regulations under this Act.
[2 ] Section 3 (1)d,efinition of “motor vehicle”
Insert “ (other than a light rail vehicle)” after “ tramway” .
[3 ] Section 12 Commencement and duration of third-party policy
Insert after section 12 (10):
| (1 1) | A licensed insurer is on risk in respect of a light rail vehicle under a third-party policy relating to the vehicle only during the period for which the policy is issued. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of other Acts | Schedule 2 |
| 2.3 | Rail Safety Act 1993 No 50 |
| [1] | Section 9 Act binds Crown |
| Insert after section 9 (2): |
| (3) | If the Director-General is the owner or operator of a railway, the functions of the Director-General under this Act in relation to the ownership or operation of the railway are to be exercised by the Minister or a person authorised by the Minister. |
[2] Section 24 Style of accreditation
Insert after section 24 (3):
| (4) | It is a condition of any accreditation that a third-party policy under the Motor Accidents Act 1988 is in force in respect of each light rail vehicle owned by the accredited person that is required to be insured under that Act. |
[3] Sections 79A and 79B
Insert after section 79:
79A Offence of failure to pay fares on railway
| (1) | In this section, train means a train operated by the State Rail Authority, a light rail vehicle operated on a light rail system (within the meaning of the Transport Administration Act 1988) by the operator of that system or any other train of a class prescribed by the regulations. | |
| (2) | A person who does any of the following is guilty of an offence: | |
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 2 | Amendment of other Acts |
travels or attempts to travel on a train without previously having paid the fare and fails, without reasonable excuse to pay the fare on demand made by an officer authorised in that regard by the operator of the train system,
| (C) | knowingly and without reasonable excuse, fails to leave a train on arriving at the point to which he or she has paid the fare, |
| knowingly and without reasonable excuse, travels or attempts to travel on a train in a carriage of a class to which the person's ticket does not apply, | |
| uses a travel pass to travel or attempt to travel on a train, knowing that he or she is not entitled to use the pass or that the pass is no longer valid. |
Maximum penalty: 5 penalty units.
It is not a defence to a prosecution under subsection
(2) (a) for a person to prove:
| (a) | that the time taken or likely to have been taken in payment of the fare before travelling or attempting to travel on the train would or may have caused the person to have been unable to so travel or attempt to travel, or |
| (b) | that the person intended to pay the fare while travelling or on arriving at a particular place, |
but it is a defence to such a prosecution if the person
proves:
| (c) | that it appeared to the person, after reasonable investigation, that no facilities were available at the station or stop at which the person got on or attempted to get on the train to enable him or her to pay the fare before getting on or attempting to get on the train, or |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of other Acts | Schedule 2 |
| (d) | that the person: | |||
|
79B Offences relating to passengers or vehicles
| (1) | In this section, train has the same meaning it has in section 79A. | |||||||||||||
| (2) | The regulations may make provisions for or with respect | |||||||||||||
| to: | ||||||||||||||
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 2 | Amendment of other Acts |
the custody and return of property left in trains or in other parts of a railway, the payment of compensation for any such property and the disposal or sale of any such property not claimed and the time of any such disposal or sale, and
the exhibition in or on any train or other part of a railway of such notices in the public interest as the Director-General considers necessary, and
the erection and display of signs and notices for the guidance of the drivers of trains and the public, and
| (k) | the sale of tickets and the conditions under which tickets must be sold, and |
| (l) | generally as to the regulation and control of trains, of their drivers and passengers, and of other parts of a railway. |
| 2.4 | Roads Act 1993 No 33 |
| [ 1 ] | Section 4A |
| Insert after section 4: | |
| 4A Notes in text |
Notes in the text of this Act do not form part of this Act.
[2] Section 5 Right of passage along public road by members of the public
Insert after section 5 (1):
| (1A) | The right conferred by this section extends to the right of passage of members of the public in a light rail or other railway vehicle. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of other Acts | Schedule 2 |
[3 ] Section 64 RTA may exercise functions of roads authority with respect to certain roads
Insert at the end of the section:
Note. See Division 5 of Part 9 as to the exercise by the RTA of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.
[4 ] Part 9, Division 5
Insert after Division 4:
|
144A Definitions
In this Division:
develop or operate a light rail system has the same meaning as in section 104L of the Transport Administration Act 1988.
Director-General means the Director-General of the
Department of Transport.
light rail system has the same meaning as in the
Transport Administration Act 1988.
144B Roads authority not to obstruct light rail system
| (1) | A roads authority, in the exercise of any of its functions under this Act, must not, without the prior consent of the Director-General: | |||||
|
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 2 | Amendment of other Acts |
that prevents or otherwise obstructs the passage of light rail vehicles along the route of a light rail system declared under the Transport Administration Act 1988 or the carrying out or use of any work approved under section 144C.
| (2) | The Director-General must, before granting a consent under this section consult with: | |||||||
| ||||||||
| (3) | A consent by the Director-General: | |||||||
| ||||||||
| (4) | Nothing in this section prevents the temporary closure of any public street or the taking of other action that is authorised by section 23 of the Traffic Act 1909. |
144C Consent for works and other action relating to light rail
system
| (1) | This section applies to and in respect of the carrying out or use of works or the taking of other action in connection with the development or operation of a light rail system that cannot be carried out, used or undertaken without the prior consent or approval of a roads authority under this Act. |
| (2) | In the case of work or other action to which this section applies, the consent or approval of the relevant roads authority (if that roads authority is not the RTA) is not |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of other Acts | Schedule 2 |
required but the consent or approval of the RTA must be obtained before the work is carried out or used or the other action undertaken. The provisions of this Act apply to the granting of any such consent or approval as if the relevant roads authority were the RTA.
| (3) | The RTA is not to revoke any consent or approval for any work or other action to which this section applies unless it has first consulted the Director-General. |
144D Directions and other functions relating to light rail
systems
| (1) | This section applies to and in respect o f | |||
| ||||
| a roads authority under this Act in connection with the development or operation of a light rail system. | ||||
| (2) | A direction, requirement or function to which this section applies is, if given, made or exercised under this Act, to be given, made or exercised by the RTA only, whether or not it is the relevant roads authority in the particular circumstances. |
144E Division prevails
This Division has effect despite any other provision of this Act.
| 2.5 | Traffic Act 1909 No 5 |
| [ 1 ] | Section 2 Definitions |
| Insert in alphabetical order in section 2 (1): |
Light rail vehicle means a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988 , or any other light rail system prescribed by the regulations under this Act.
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Schedule 2 | Amendment of other Acts |
[ 2 ] Section 2 (1)d,efinition of “Motor vehicle”
Insert “ (other than a light rail vehicle)” after “ tramway” .
[ 3 ] Section 2 ( 1 ) , definition of “Vehicle”
Omit the definition. Insert instead:
Vehicle means any description of vehicle on wheels (including a light rail vehicle) but not including other vehicles used on railways or tramways.
[ 4 ] Section 5B Motor vehicles to be registered
Insert after section 5B (1):
(1A) A light rail vehicle is exempt from registration.
[ 5 ] Section 6 Driver must be licensed, and vehicle numbered
Insert after section 6 (1A):
| (2) | Subsection (1) does not apply to or in respect of a light rail vehicle. |
[ 6 ] Section 25 Removal of dangers and obstructions to traffic
Insert at the end of paragraph (b) in the definition of appropriate roads authority in section 25 (3):
, and
| (c) | in relation to that part of a public street used for the passage of light rail vehicles or as an access to light rail vehicles-the Director-General of the Department of Transport and the operator of the light rail system. |
Transport Administration Amendment (Light Rail) Act 1996 No 128
| Amendment of other Acts | Schedule 2 |
[7] Section 26 Removal of unattended motor vehicles from clearways, transit lanes and other places
Insert after section 26 (1):
(1A) An authorised officer may cause an unattended motor vehicle unlawfully standing on any place to be removed in accordance with this section if, in the opinion of the officer, it is obstructing the passage of a light rail vehicle.
[8 ] Section 26 (2) (a)
|
“undue traffic congestion” .
[9 ] Section 26 (8 ), definition of “authorised officer”
Insert after paragraph (b):
| (b1) | a person, or a person of a class, who is authorised |
| by the Director-General of the Department of | |
| Transport to exercise the functions of an authorised officer under this section, but only in respect of the removal of unattended vehicles obstructing the passage of light rail vehicles, or |
[Minister's second reading speech made in—
Legislative Assembly on 13 November 1996
Legislative Council on 28 November 1996]
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