Transport (Busway and Light Rail) Amendment Act 2000 (Qld)

Queensland TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT ACT 2000 Act No. 40 of 2000

Queensland TRANSPORT (BUSWAY AND LIGHT RAIL) AMENDMENT ACT 2000 Section TABLE OF PROVISIONS Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 22 (Definitions for ch 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Amendment of s 75 (Scope of chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Amendment of s 84 (Granting accreditation) . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Amendment of s 88 (Amending accreditation conditions on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 89 (Amending accreditation conditions without application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of s 90 (Suspending or cancelling accreditation) . . . . . . . . . . 13 11 Amendment of s 91 (Immediate suspension of accreditation) . . . . . . . . . . . 13 12 Insertion of new s 161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 161A Port services function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Insertion of new chs 7A—7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CHAPTER 7A—BUSWAYS AND BUSWAY TRANSPORT INFRASTRUCTURE PART 1—PRELIMINARY 180A Definition for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 180B Ways of achieving busway objectives . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Transport (Busway and Light Rail) Amendment No. 40, 2000 PART 2—CHIEF EXECUTIVE’S FUNCTIONS AND POWERS 180C Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 180D Authority to enter or temporarily occupy or use land . . . . . . . . . . . . 16 180E When land may be entered, occupied or used . . . . . . . . . . . . . . . . . 17 180F Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3—ESTABLISHMENT OF BUSWAYS 180G Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 180H Declaration of land as busway land . . . . . . . . . . . . . . . . . . . . . . . . . . 19 180I Effect on land of busway declaration . . . . . . . . . . . . . . . . . . . . . . . . . 19 180J Development of busway and busway transport infrastructure . . . . . . 20 PART 4—MANAGEMENT OF BUSWAY LAND AND BUSWAY TRANSPORT INFRASTRUCTURE Division 1—Transport infrastructure interaction 180K Altering road levels by a local government . . . . . . . . . . . . . . . . . . . . 20 180L Permitted construction by local government of roads over or under busway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 180M Designation of busway land for use as road under local government control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 180N Designation of busway land for use as State-controlled road . . . . . . 23 180O No presumption of dedication of road . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 2—Interfering with busway transport infrastructure 180P Interfering with busway transport infrastructure . . . . . . . . . . . . . . . . . 24 180Q Rectifying unauthorised interference or works . . . . . . . . . . . . . . . . . 25 Division 3—Public utility plant 180R Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 180S Retention of ownership of public utility plant . . . . . . . . . . . . . . . . . . 26 180T Public utility plant on busway land . . . . . . . . . . . . . . . . . . . . . . . . . . 26 180U Chief executive must give provider information . . . . . . . . . . . . . . . . 27 180V Public utility provider to consult with chief executive before replacing public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . 27 180W Public utility provider to comply with chief executive’s agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 180X Chief executive may require public utility provider to alter position of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3 Transport (Busway and Light Rail) Amendment No. 40, 2000 180Y Information by public utility provider to chief executive . . . . . . . . . 28 180Z Liability for damage caused by failure to comply with request for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 180ZA Liability for damage caused by failure to give enough detail about location of public utility plant . 29 180ZB Liability for damage caused because of failure to comply with chief executive’s requirements . 29 180ZC Liability of public utility provider to pay additional expenses incurred by chief executive . . . . . . . . . . . . 30 180ZD Replacement or reconstruction of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 4—Use of busway land 180ZE Trespass on busway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 5—Compensation entitlements 180ZF Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 180ZG No entitlement to compensation for particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 180ZH Compensation for reduced market value of interest in land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 180ZI Compensation of person in actual occupation for interference with enjoyment of land . . . . . . . . . . . . . . . . . . . . . . . . . . 34 180ZJ Chief executive may supply or contribute to new access arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 180ZK Obtaining compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 CHAPTER 7B—LIGHT RAIL AND LIGHT RAIL TRANSPORT INFRASTRUCTURE PART 1—PRELIMINARY 180ZL Definition for ch 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 180ZM Ways of achieving light rail objectives . . . . . . . . . . . . . . . . . . . . . . 37 PART 2—CHIEF EXECUTIVE’S FUNCTIONS AND POWERS 180ZN Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 180ZO Authority to enter or temporarily occupy or use land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 180ZP When land may be entered, occupied or used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 180ZQ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

4 Transport (Busway and Light Rail) Amendment No. 40, 2000 PART 3—ESTABLISHMENT OF LIGHT RAIL 180ZR Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 180ZS Declaration of land as light rail land . . . . . . . . . . . . . . . . . . . . . . . . . 41 180ZT Effect on land of light rail declaration . . . . . . . . . . . . . . . . . . . . . . . . 42 180ZU Sublease of lease of light rail land . . . . . . . . . . . . . . . . . . . . . . . . . . 42 180ZV Development of light rail and light rail transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 180ZX Permitted construction by local government of roads over or under light rail land . . . . . . . . . . . . . . . 45 180ZY Designation of light rail land for use as road under local government control . . . . . . . . . . . . . . . . . . . . . . . 46 180ZZ Designation of light rail land for use as State-controlled road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 180ZZA No presumption of dedication of road . . . . . . . . . . . . . . . . . . . . . . . 48 Division 2—Interfering with light rail transport infrastructure 180ZZB Interfering with light rail transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 180ZZC Rectifying unauthorised interference or works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 3—Public utility plant 180ZZD Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 180ZZE Retention of ownership of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 180ZZF Public utility plant on light rail land . . . . . . . . . . . . . . . . . . . . . . . . 51 180ZZG Chief executive must give provider information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 180ZZH Public utility provider to consult with chief executive before replacing public utility plant . . . . . . . . 52 180ZZI Public utility provider to comply with light rail authority’s agreement . . . . . . . . . . . . . . . . . . . . . . . . . 52 180ZZJ Chief executive may require public

5 Transport (Busway and Light Rail) Amendment No. 40, 2000 utility provider to alter position of public utility plant . . . . . . . . . . . 53 180ZZK Information by public utility provider to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 180ZZL Liability for damage caused by failure to comply with request for information . . . . . . . . . . . . . . . . . 54 180ZZM Liability for damage caused by failure to give enough detail about location of public utility plant . 54 180ZZN Liability for damage caused because of failure to comply with light rail authority’s requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 180ZZO Liability of public utility provider to pay additional expenses incurred by light rail authority . . . . . . . . . . 55 180ZZP Replacement or reconstruction of public utility plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 4—Use of light rail land 180ZZQ Trespass on light rail land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 5—Compensation entitlements 180ZZR Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 180ZZS No entitlement to compensation for particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 180ZZT Compensation for reduced market value of interest in land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 180ZZU Compensation of person in actual occupation for interference with enjoyment of land . . . . . . . . . . . . . 60 180ZZV Chief executive may supply or contribute to new access arrangements . . . . . . . . . . . . . . . . . . . . . . . 61 180ZZW Obtaining compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 5—ACCREDITATION PROVISIONS FOR LIGHT RAIL 180ZZX Reference to light rail in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 180ZZY Accreditation of managers and operators . . . . . . . . . . . . . . . . . . . . 63 180ZZZ Applications for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 180ZZZA Additional information for applications . . . . . . . . . . . . . . . . . . . . 63 180ZZZB Giving accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 180ZZZC Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 180ZZZD Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

6 Transport (Busway and Light Rail) Amendment No. 40, 2000 180ZZZE Requiring accreditation conditions to be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 180ZZZF Accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 180ZZZG Amending accreditation conditions on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 180ZZZH Amending accreditation conditions without application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 180ZZZI Suspending or cancelling accreditation . . . . . . . . . . . . . . . . . . . . . 69 180ZZZJ Immediate suspension of accreditation . . . . . . . . . . . . . . . . . . . . . 70 180ZZZK Limited suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . 71 180ZZZL Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 180ZZZM Accreditation for proposed light rail . . . . . . . . . . . . . . . . . . . . . . . 71 PART 6—LIGHT RAIL INCIDENTS 180ZZZN Application of ch 6, pt 6 and other provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 CHAPTER 7C—INVESTIGATING POTENTIAL BUSWAY OR LIGHT RAIL 180ZZZO Purpose of ch 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 180ZZZP Definitions for ch 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 180ZZZQ How to apply for investigator’s authority . . . . . . . . . . . . . . . . . . . 74 180ZZZR Additional information about application . . . . . . . . . . . . . . . . . . . 75 180ZZZS Giving investigator’s authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 180ZZZT Investigator’s authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 180ZZZU What investigator must do before land is entered for the first time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 180ZZZV Investigator to issue associated person with identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 180ZZZW Pretending to be an investigator or associated person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 180ZZZX Investigator to take care in acting under investigator’s authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 180ZZZY Rectification of damage by investigator . . . . . . . . . . . . . . . . . . . . 79 180ZZZZ Compensation payable by investigator . . . . . . . . . . . . . . . . . . . . . 80 180ZZZZA Release of bond or security deposit . . . . . . . . . . . . . . . . . . . . . . 80 180ZZZZB Use of bond or security deposit to

7 Transport (Busway and Light Rail) Amendment No. 40, 2000 repair or rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 14 Amendment of s 181A (Meaning of “miscellaneous transport infrastructure”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 15 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 200A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 82 16 Amendment of s 215 (Boundary identification etc.) . . . . . . . . . . . . . . . . . . . 82 17 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 82 18 Amendment of sch 2 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 19 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 PART 3—AMENDMENT OF TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 20 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 21 Amendment of ch 11, pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 22 Amendment of s 116 (Appointment of authorised persons for railways) . . . 93 23 Amendment of s 117 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 24 Amendment of s 118 (Producing or displaying authorised person’s identity card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 25 Amendment of s 119 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 94 26 Omission of s 136 (Impersonation of authorised person) . . . . . . . . . . . . . . . 95 27 Insertion of new pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 28 Insertion of new ch 12, pt 2 and new pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . 95 PART 2—AUTHORISATIONS FOR COMPETITION LEGISLATION Division 1—Interpretation 154B Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 154C Meaning of “fare provision” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 154D Meaning of “identified provision” . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 154E Meaning of “management entity provision” . . . . . . . . . . . . . . . . . . . 98 154F Meaning of “service entity provision” . . . . . . . . . . . . . . . . . . . . . . . . 99 154G Meaning of “State influenced entity” . . . . . . . . . . . . . . . . . . . . . . . . 99 154H References to public passenger services in pt 2 . . . . . . . . . . . . . . . . 100 154I Extended meanings of certain expressions in pt 2 . . . . . . . . . . . . . . 100 Division 2—Authorisations 154J Authorisations for coordination and integration of public

8 Transport (Busway and Light Rail) Amendment No. 40, 2000 passenger services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 154K Provisions limiting application of authorisations . . . . . . . . . . . . . . . 102 154L Provisions supporting application of authorisations . . . . . . . . . . . . . 103 PART 3—REGULATION-MAKING POWER’. 29 Amendment of s 155 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 30 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 31 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 32 Amendment of s 171 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 105 PART 5—AMENDMENT OF TRANSPORT PLANNING AND COORDINATION ACT 1994 33 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 34 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 35 Amendment of s 23 (Functions of chief executive not limited by implication) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 36 Amendment of s 25 (General powers regarding property) . . . . . . . . . . . . . . 107 37 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 26A Changing requirement for transport land . . . . . . . . . . . . . . . . . . . . . . 107 38 Amendment of s 27 (Power of chief executive to lease, sell or otherwise dispose of land to transport GOC etc.) . . . . . . . . . . . . . . . . . . . . . 108 39 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 PART 4A—SPECIAL PROVISIONS FOR BUSWAYS 28A Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 28B Busway land acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 28C Construction contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Queensland Transport (Busway and Light Rail) Amendment Act 2000 Act No. 40 of 2000 An Act to amend Acts administered by the Minister for Transport and Minister for Main Roads [Assented to 13 October 2000]

s 1 10 Transport (Busway and Light Rail) Amendment The Parliament of Queensland enacts— s4 No. 40, 2000 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, other than section 39, 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— (i) contributes to overall transport effectiveness and efficiency; and (ii) provides for safely constructed, managed and operated infrastructure; and

s 5 11 s 6 Transport (Busway and Light Rail) Amendment No. 40, 2000 (iii) is responsive to community needs; and (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 (viii)encourages the facilitation and use of public transport; and (ix) gives priority to public transport over private vehicles; and (i) for light rail—to establish a regime that provides for— (i) flexibility in the choice between private and public construction and management; and (ii) 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)(f)— omit, insert— ‘(f) light rail or light rail transport infrastructure; or’.

s 7 12 s 9 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ Amendment of s 84 (Granting accreditation) 7.(1) Section 84(6)(c)(iii) 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) 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) 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).

s 10 13 s 12 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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 s 161A 12. After section 161— insert— ˙ ‘ Port services function ‘ 161A.(1) A port authority has, in addition to its functions under section 161, the function of providing port services and ancillary services—

s 13 14 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (a) whether in or outside its port; and (b) whether in or outside Australia; and (c) whether for another port authority or for someone else. ‘ (2) A port authority that is a GOC is taken to have had the function mentioned in subsection (1) from when it became a GOC. ‘ (3) In this section— “ancillary services” means services ancillary to the provision of port services, including services appropriate for complementing or enhancing the provision of port services. “port” includes airport. “port services” means any of the following— (a) services relating to the establishment, operation or administration of ports; (b) dredging services; (c) services relating to the reclamation of land; (d) pilotage services; (e) consultancy services about any of the services mentioned in paragraphs (a) to (d).’. ˙ Insertion of new chs 7A—7C 13. After section 180— insert —

s 13 15 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ 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.

s 13 16 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ 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 or convenient for effective and efficient construction, management and operation; (c) efficiently integrating with any transport infrastructure, including light rail 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 busway transport infrastructure and passenger services on busways; or (ii) 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; (ii) temporarily occupy the land; (iii) temporarily use the land; and

s 13 17 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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— (i) each person who is an owner of the land; and (ii) 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

s 13 18 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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 1 year after the entry, occupation or use ends; or (b) at a 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.

s 13 19 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ PART 3—ESTABLISHMENT OF BUSWAYS ˙ ‘ Definition for pt 3 ‘ 180G. In this part— “road” means a road under the LandAct1994 , 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 (ii) 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) a road. ˙ ‘ Effect on land of busway declaration ‘ 180I.(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

s 13 20 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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 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. 1 ‘ (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 IntegratedPlanningAct1997 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)

s 13 21 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (a) busway transport infrastructure works; or (b) the management or operation of a busway. ‘ (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 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) a bridge or other structure allowing traffic to pass over the level at which buses use the busway land; or (b) 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) 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 (b) the road is taken to be a road of which the local government has control under the LocalGovernmentAct1993 , section 901(1); and

s 13 22 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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) a road of which the local government has control under the Local

s 13 23 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 Government Act 1993 , section 901(1); and (b) a road under any Act about the use of vehicles on a road. ‘ (7) However, in taking the necessary steps mentioned in the LocalGovernment 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 1 and part 5, division 3, and of any other Act applying to State-controlled roads; and (b) a road under any Act about the use of vehicles on a road. ˙ ‘ No presumption of dedication of road ‘ 180O.(1) This section applies if the public uses busway land as a road, or for access purposes other than as a road.

s 13 24 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (2) The busway 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. ‘ 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) a road of which a local government has control under the LocalGovernment 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.

s 13 25 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ ‘ 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—

s 13 26 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 “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.

s 13 27 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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) in a 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

s 13 28 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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

s 13 29 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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.

s 13 30 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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 (ii) the salvage or scrap value of the plant; and

s 13 31 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (iii) 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) a road of which a local government has control under the LocalGovernment 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.

s 13 32 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ 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.

s 13 33 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (2) The matters are— (a) the adverse affect on the amenity or likely amenity of the neighbourhood of the relevant land; and (b) interference with an activity of a business, commercial, industrial or residential nature carried out on the relevant land; and (c) loss or damage arising directly or indirectly from interference with access for the relevant land; and (d) 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) 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; (ii) 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 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 (c) 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

s 13 34 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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 ‘ 180ZI.(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 happening or when it 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; (ii) 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

s 13 35 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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 compensation is an amount fairly representing, in the particular circumstances— (a) if the person is in occupation of the relevant land at any time during the establishment of the infrastructure—the reasonable cost to the person of the enjoyment interference during the establishment; and (b) if the person is in occupation of the relevant land when the establishment of the infrastructure is completed—the reasonable 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 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. ‘ (2) A person’s entitlement to compensation under this division is reduced to the extent provided for in an agreement under subsection (1).

s 13 36 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ ‘ 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 (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. ‘ (5) Nothing in subsection (2)(a) stops a person from applying for compensation before the establishment of the busway transport infrastructure is completed if the claim relates to the person’s occupation of land during the establishment of the infrastructure.

s 13 37 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ 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. ˙ ‘ 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.

s 13 38 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ 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 (ii) 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; (ii) temporarily occupy the land;

s 13 39 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (iii) 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— (a) obtains the written permission of— (i) each person who is an owner of the land; and (ii) 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

s 13 40 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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 1 year after the entry, occupation or use ends; or (b) at a 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.

s 13 41 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ PART 3—ESTABLISHMENT OF LIGHT RAIL ˙ ‘ Definition for pt 3 ‘ 180ZR. In this part— “road” means a road under the LandAct1994 , 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 (ii) 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 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) a road. 2 Land Act 1994 , section 17 (Granting land to the State)

s 13 42 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ ‘ 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 LandAct1994 , 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. ˙ ‘ 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 3 Land Act 1994 , section 332 (Subleases require Minister’s approval)

s 13 43 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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— (a) under part 4, land the subject of the sublease is taken to be a State-controlled road or a road under the control of a local government; or (b) persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land. ‘ (9) This section does not stop the granting of a lease or sublease to a light rail manager for a light rail, other than under this section, of land that is not light rail land but on which there is, or is proposed to be, light rail transport infrastructure. 4 Land Act 1994 , section 336 (Amending a sublease)

s 13 44 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (10) In this section— “light rail land” means light rail land that is leased to the State under the Land Act 1994 , section 17. 5 ˙ ‘ Development of light rail and light rail transport infrastructure ‘ 180ZV.(1) This section applies to the establishment of a light rail, including all investigating, planning, maintaining, managing, operating, and arranging for the light rail or for light rail transport infrastructure for the light rail. ‘ (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 light rail is development under that Act. ‘ 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 5 Land Act 1994 , section 17 (Granting land to the State)

s 13 45 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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 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; (ii) if there is a light rail manager for a light rail established on the light rail land, the manager; (iii) 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 LocalGovernmentAct1993 , section 901(1);

s 13 46 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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. ‘ (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

s 13 47 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 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) a road of which the local government has control under the LocalGovernment Act 1993 , section 901(1); and (b) a road under any Act about the use of vehicles on a road. ‘ (8) However, in taking the necessary steps mentioned in the LocalGovernment 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 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

s 13 48 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 chapter 5, part 2, division 1 and part 5, division 3, 6 and of any other Act, applying to State-controlled roads; and (b) a road 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. ‘ 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 (ii) 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. 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)

s 13 49 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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) a road of which a local government has control under the LocalGovernment 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. 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.

s 13 50 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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 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—

s 13 51 s 13 Transport (Busway and Light Rail) Amendment No. 40, 2000 (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; (ii) 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) a road 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. ‘ (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.

s 24 94 s 25 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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— ‘ (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) 24. Section 118(2), after ‘for a railway’— insert— ‘or light rail’. ˙ Amendment of s 119 (Protection from liability) 25.(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’.

s 26 95 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ Omission of s 136 (Impersonation of authorised person) 26. Section 136 (as enacted in Act No. 43 of 1994 as section 132 and subsequently renumbered)— omit . ˙ Insertion of new pt hdg 27. Chapter 12, before section 143B— insert— ‘ PART 1—GENERAL ’. ˙ Insertion of new ch 12, pt 2 and new pt hdg 28. Chapter 12, after section 154A— insert— ‘ PART 2—AUTHORISATIONS FOR COMPETITION LEGISLATION ‘ Division 1—Interpretation ˙ ‘ Definitions for pt 2 ‘ 154B. In this part— “Competition Code” means the Competition Code under the CompetitionPolicy Reform (Queensland) Act 1996 .

s 28 96 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 “competition legislation” means TPA, section 51(1)(b) 10 or the Competition Code, section 51. 11 “fare” , in relation to a public passenger service, means— (a) the price payable for use of the service; or (b) the provisions of, or arrangements for, a discount, allowance, rebate or credit applying in relation to the price payable for use of the service. “fare provision” see section 154C. “identified provision” see section 154D. “management entity” means— (a) the State; or (b) a State influenced entity. “management entity provision” see section 154E. “service entity” means an entity that provides or proposes to provide 1 or more public passenger services in Queensland as an operator. “service entity provision” see section 154F. “service equipment” , for a public passenger service, means any of the following used in operating the service— (a) facilities, including ticketing systems, network monitoring systems, communications equipment and timing systems; (b) infrastructure, including tunnels, stations, parking facilities and passenger interchanges; (c) goods or services related to something mentioned in paragraph (a) 10 Trade Practices Act 1974 (Cwlth), section 51 (Exceptions) 11 The Competition Code, section 51 states that in deciding whether a person has contravened the Code, Part IV, certain things must be disregarded. Section 51(1) of the Code provides that the following must be disregarded— ‘(a)… (b) anything done in a State, if the thing is specified in, and specifically authorised by: (i) an Act passed by the Parliament of that State; or (ii) regulations made under such an Act.’

s 28 97 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 or (b). “State influenced entity” see section 154G. “TPA” means the Trade Practices Act 1974 (Cwlth). ˙ ‘ Meaning of “fare provision” ‘ 154C.(1) For this part, a “fare provision” is a provision about a fare (the “relevant fare” ) applying for a public passenger service of 1 or more service entities. ‘ (2) However, a provision is a “fare provision” only if— (a) the provision has the purpose, or has or is likely to have the effect, of— (i) fixing, controlling or maintaining the fare; or (ii) providing for the fixing, controlling or maintaining of the fare; and (b) the provision is negotiated and agreed to in the context of a contract, arrangement or understanding for coordinating or integrating public passenger services; and (c) at any particular time the provision is given effect to, the relevant fare is consistent with any model fare structure arrangement that— (i) has been approved by the chief executive; and (ii) has been published in the gazette; and (iii) is still in force. ˙ ‘ Meaning of “identified provision” ‘ 154D. For this part, a provision is an “identified provision” if it is a provision about— (a) the coordination or integration of public passenger services of 2 or more service entities; or (b) the route to be used or not to be used by a service entity in

s 28 98 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 providing a public passenger service; or (c) an area in which a service entity will or will not provide a public passenger service; or (d) where a service entity will or will not pick up or set down passengers in providing a public passenger service; or (e) the times a service entity will or will not provide a public passenger service; or (f) the persons or classes of persons to whom a service entity will or will not provide a public passenger service; or (g) a characteristic of a vehicle, vessel or item of rolling stock a service entity will or will not use to provide a public passenger service; or (h) a service entity not providing a public passenger service that competes, or if it were provided, would compete, with a public passenger service of another service entity; or (i) a service entity providing a public passenger service for or on behalf of another person, including another service entity, whether as principal or agent; or (j) a service entity issuing a ticket for a public passenger service, if all or part of the service is to be provided by 1 or more other service entities; or (k) the name, sign, decal or logo under which a service entity is to provide a public passenger service; or (l) the terms on which a service entity provides a public passenger service; or (m) the promotion of a public passenger service provided by 1 or more of the service entities. ˙ ‘ Meaning of “management entity provision” ‘ 154E.(1) For this part, a “management entity provision” is a provision about the supply by a management entity of a service for a public passenger service of 1 or more service entities.

s 28 99 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (2) However, a provision is a “management entity provision” only if the provision is— (a) about the persons or classes of persons to whom the service will be supplied; or (b) to the effect that the management entity is to supply the service on condition that the service entity or entities are to acquire service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision. ˙ ‘ Meaning of “service entity provision” ‘ 154F.(1) For this part, a “service entity provision” is a provision about the acquisition, use or supply of service equipment for a public passenger service of 1 or more service entities. ‘ (2) However, a provision is a “service entity provision” only if the provision is— (a) about the persons or classes of persons from whom the service equipment will be acquired or to whom the service equipment will be supplied; or (b) to the effect that a service entity or management entity is to supply the service equipment on condition that another person, including another service entity or management entity, is to acquire other service equipment, including from a person who is not a party to the contract, arrangement or understanding containing the provision. ˙ ‘ Meaning of “State influenced entity” ‘ 154G.(1) For this part, a “State influenced entity” is an entity whose functions include coordinating or facilitating the integration of public passenger services. ‘ (2) However, an entity is a “State influenced entity” only if at least 1 of the following applies— (a) the State has power to appoint a person to, or remove a person from, the board or managing body of the entity;

s 28 100 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 (b) the State has power to vote, or control a vote, at a meeting of the board or managing body of the entity; (c) the State has power to vote, or control a vote, at a meeting of the members of the entity. ˙ ‘ References to public passenger services in pt 2 ‘ 154H.(1) A reference in this part to a public passenger service does not include a reference to a public passenger service that is a taxi service or limousine service. ‘ (2) A reference in this part to the public passenger service of a service entity is a reference to a public passenger service the service entity provides or proposes to provide in Queensland as an operator. ˙ ‘ Extended meanings of certain expressions in pt 2 ‘ 154I. For this part— (a) reference to making a contract or arrangement containing a particular provision includes reference to the following— (i) offering to make a contract or arrangement containing the particular provision; (ii) refusing to make a contract or arrangement unless the contract or arrangement contains the particular provision; and (b) reference to arriving at an understanding containing a particular provision includes reference to the following— (i) offering to arrive at an understanding containing the particular provision; (ii) refusing to arrive at an understanding unless the understanding contains the particular provision; and (c) reference to the supply of something includes reference to the following— (i) the supply of the thing at a particular price; (ii) an offer to supply the thing;

s 28 101 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 (iii) an offer to supply the thing at a particular price; (iv) giving, or offering to give, a discount, allowance, rebate or credit in relation to the supply or proposed supply of the thing; (v) resupply of the thing; and (d) reference to the supply of something on a condition includes reference to a refusal to supply the thing without the condition. ‘ Division 2—Authorisations ˙ ‘ Authorisations for coordination and integration of public passenger services ‘ 154J. The following things are specifically authorised for the competition legislation— (a) 2 or more service entities making a contract or arrangement, or arriving at an understanding, that includes an identified provision, but only if the contract, arrangement or understanding was first approved by the Minister; (b) a service entity giving effect to an identified provision mentioned in paragraph (a); (c) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a fare provision; (d) a service entity giving effect to a fare provision mentioned in paragraph (c); (e) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a provision under which the service entities— (i) are to share revenue or profits received by any of them in relation to a public passenger service of 1 or more of them; or (ii) are to pay all or part of the costs related to providing a public passenger service of 1 or more of them;

s 28 102 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 (f) a service entity giving effect to a provision mentioned in paragraph (e); (g) 2 or more service entities making a contract or arrangement, or arriving at an understanding, containing a service entity provision; (h) a service entity giving effect to a service entity provision mentioned in paragraph (g); (i) 1 or more service entities and a management entity making a contract or arrangement, or arriving at an understanding, containing an identified provision, a fare provision, a management entity provision or a service entity provision; (j) a service entity or management entity giving effect to a provision mentioned in paragraph (i); (k) a management entity and another entity (the “system entity” ) making a contract or arrangement, or arriving at an understanding, containing a provision about the system entity doing 1 or more of the following in relation to service equipment for 1 or more service entities’ public passenger services— (i) designing the equipment; (ii) making the equipment; (iii) building the equipment; (iv) installing the equipment; (v) maintaining the equipment; (l) an entity giving effect to a provision mentioned in paragraph (k). ˙ ‘ Provisions limiting application of authorisations ‘ 154K.(1) Section 154J applies to a service entity in relation to a public passenger service it provides or proposes to provide only if the service entity is— (a) if the public passenger service is a service for the carriage of passengers on a railway— (i) a railway manager for the railway; or

s 28 103 s 28 Transport (Busway and Light Rail) Amendment No. 40, 2000 (ii) a person who is accredited under the TransportInfrastructureAct1994 , chapter 6, part 4 12 as a railway operator for the railway; or (b) if the public passenger service is a ferry service—the operator of the ferry service; or (c) otherwise—the holder of an operator accreditation for the public passenger service. ‘ (2) Section 154J(b), (d), (f) and (h) applies to a provision for only 5 years after the contract, arrangement or understanding containing the provision is made or arrived at. ˙ ‘ Provisions supporting application of authorisations ‘ 154L.(1) A thing authorised under section 154J, as qualified by section 154K, is authorised even if— (a) it has a purpose, or an effect or likely effect, of substantially lessening competition in a market; or (b) it has a purpose described in TPA, section 46(1) 13 or the Competition Code, section 46(1); 14 or (c) the applicable contract, arrangement or understanding contains a provision that— (i) under TPA, section 4D, 15 is taken to be an exclusionary provision under TPA; or (ii) under the Competition Code, is taken to be an exclusionary provision under the Competition Code. ‘ (2) A thing mentioned in section 154J(g), (h), (i), (j), (k) or (l), as qualified by section 154K, is authorised even if it involves an entity to 12 Transport Infrastructure Act 1994 , chapter 6 (Rail transport infrastructure), part 4 (Accreditation) 13 Trade Practices Act 1974 (Cwlth), section 46 (Misuse of market power) 14 Competition Code, section 46 (Misuse of market power) 15 Trade Practices Act 1974 (Cwlth), section 4D (Exclusionary provisions)

s 29 104 s 30 Transport (Busway and Light Rail) Amendment No. 40, 2000 which the provision applies engaging in the practice of exclusive dealing in a way described in TPA, section 47 16 or in the Competition Code, section 47. 17 ‘ PART 3—REGULATION-MAKING POWER ’. ˙ Amendment of s 155 (Regulations) 29. 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 (ii) persons having the permission of the chief executive to be on the busway land; or (j) 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 (ii) persons having the permission of the chief executive or a light rail manager for the light rail to be on the light rail land.’. ˙ Amendment of sch 3 (Dictionary) 30. Schedule 3— insert— 16 Trade Practices Act 1974 (Cwlth), section 47 (Exclusive dealing) 17 Competition Code, section 47 (Exclusive dealing)

s 31 105 s 32 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ “Competition Code” , for chapter 12, part 2, see section 154B. “competition legislation” , for chapter 12, part 2, see section 154B. “fare” , for chapter 12, part 2, see section 154B. “fare provision” , for chapter 12, part 2, see section 154C. “identified provision” , for chapter 12, part 2, see section 154D. “management entity” , for chapter 12, part 2, see section 154B. “management entity provision” , for chapter 12, part 2, see section 154E. “service entity” , for chapter 12, part 2, see section 154B. “service entity provision” , for chapter 12, part 2, see section 154F. “service equipment” , for a public passenger service, for chapter 12, part 2, see section 154B. “State influenced entity” , for chapter 12, part 2, see section 154G. “TPA” , for chapter 12, part 2, see section 154B.’. PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 ˙ Act amended in pt 4 31. This part amends the TransportOperations(RoadUseManagement) Act 1995 . ˙ Amendment of s 171 (Regulation-making power) 32. Section 171(3)— insert— ‘(ga)prescribe rules about the use by the following, under the Transport Infrastructure Act 1994 , of busway land—

s 33 106 s 34 Transport (Busway and Light Rail) Amendment No. 40, 2000 (i) buses operating on a busway established on the busway land; (ii) 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 light rail land; (ii) 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 33. This part amends the TransportPlanningandCoordinationAct1994 . ˙ Amendment of s 3 (Definitions) 34.(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

s 35 107 s 37 Transport (Busway and Light Rail) Amendment No. 40, 2000 (v) light rail transport infrastructure or light rail passenger services.’. ˙ Amendment of s 23 (Functions of chief executive not limited by implication) 35. 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) 36. Section 25(6), ‘easement in land beneath’— omit, insert — ‘easement or other interest in land above or beneath’. ˙ Insertion of new s 26A 37.(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 land 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 land because of the change of purpose. ‘ (5) This section does not affect any right of a person to compensation because of the acquisition.

s 38 108 s 39 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ (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.) 38.(1) Section 27, heading, ‘to transport GOC etc.’— omit. (2) Section 27(1), from ‘transport land’— omit, insert — ‘transport land— (a) if the land is for busway transport infrastructure or bus passenger services—to any person for busway transport infrastructure or bus passenger services; or (b) if 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 (c) if 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 InfrastructureAct 1994 .’. ˙ Insertion of new pt 4A 39. After section 28— insert—

s 39 109 s 39 Transport (Busway and Light Rail) Amendment No. 40, 2000 ‘ PART 4A—SPECIAL PROVISIONS FOR BUSWAYS ˙ ‘ Definitions for pt 4A ‘ 28A. In this part— “Acquisition Act” means the Acquisition of Land Act 1967 . “agreement” means an agreement under the Acquisition Act, section 15(1). “busway” means— (a) a route especially designed and constructed for, and dedicated to, the priority movement of buses for passenger transport purposes; and (b) places for the taking on and letting off of bus passengers using the route. “commencement” means the commencement of section 28B. “constructing authority” , for a land acquisition, means the constructing authority for the land acquisition under the Acquisition Act. “construction contract” means a contract concerning the construction of a busway. “land acquisition” means the taking of land under the authority of this Act and the Acquisition Act if, regardless of the particular purpose for the taking of the land, the taking of land is concerned with the construction or proposed construction of a busway. “notice of intention to resume” means a notice of intention to resume under the Acquisition Act. “taking of land” means the taking of land— (a) under a gazette notice under the Acquisition Act, section 9(7), including as amended by any amending gazette notice under section 11 of that Act; or (b) under a gazette notice under the Acquisition Act, section 15(6A).

s 39 110 s 39 Transport (Busway and Light Rail) Amendment No. 40, 2000 ˙ ‘ Busway land acquisition ‘ 28B.(1) Subsections (2) and (3) apply to a land acquisition that— (a) happened before the commencement; or (b) happens after the commencement if— (i) the notice of intention to resume for the land acquisition was served before the commencement; or (ii) the date of the agreement for the land acquisition was earlier than the commencement. ‘ (2) It is declared that the validity and effectiveness of the land acquisition was not, and is not, affected by— (a) whether the constructing authority was or is, or purported or purports to be— (i) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (ii) the chief executive with administrative responsibilities concerning matters connected with roads; or (b) for the application of the Acquisition Act, section 9 or 15, whether the person assuming the role of Minister was or is the Minister mentioned in the Acquisition Act, section 9(2), definition “Minister” , paragraph (b) or another Minister. ‘ (3) It is declared that, despite anything done for the land acquisition, the constructing authority for the acquisition is taken to be, and always to have been, the chief executive with administrative responsibilities concerning matters connected with roads. ‘ (4) Subsection (5) applies for achieving a valid and effective land acquisition after the commencement if— (a) the notice of intention to resume for the land acquisition is served after the commencement; or (b) the date of the agreement for the land acquisition is later than the commencement. ‘ (5) It is declared that—

s 39 111 s 39 Transport (Busway and Light Rail) Amendment No. 40, 2000 (a) the constructing authority for the land acquisition must be the chief executive with administrative responsibilities concerning matters connected with roads; and (b) for the application of the Acquisition Act, section 9 or 15, the person assuming the role of Minister must be the Minister mentioned in the Acquisition Act, section 9(2), definition “Minister” , paragraph (b). ‘ (6) Despite anything in a notice of intention to resume or agreement for a land acquisition happening before or after the commencement, and despite any limitations or proposed limitations on the public use of the land the subject of the land acquisition, it is declared that the purposes of the land acquisition— (a) if happening before the commencement—are taken always to have included the purpose of roads; and (b) if happening after the commencement—are taken to include the purpose of roads. ˙ ‘ Construction contracts ‘ 28C. It is declared that the validity and effectiveness of a construction contract entered into before or after the commencement was not, and is not, affected by whether the entity entering into the contract for the State was or is— (a) the chief executive with administrative responsibilities concerning matters connected with transport infrastructure; or (b) the chief executive with administrative responsibilities concerning matters connected with roads.’. © State of Queensland 2000