Transport Infrastructure Act 1994 (Qld)

Transport Infrastructure Act 1994

An Act about transport infrastructure and related matters

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Transport Infrastructure Act 1994.

2   Objectives of this Act

(1)The overall objective of this Act is, consistent with the objectives of the Transport Planning and Coordination Act 1994, to provide a regime that allows for and encourages effective integrated planning and efficient management of a system of transport infrastructure.

(2)In particular, the objectives of this Act are—

(a)to allow the Government to have a strategic overview of the provision and operation of all transport infrastructure; and

(b)for roads—to establish a regime under which—

(i)a system of roads of national and State significance can be effectively planned and efficiently managed; and

(ii)influence can be exercised over the total road network in a way that contributes to overall transport efficiency; and

(iii)account is taken of the need to provide adequate levels of safety, and community access to the road network; and

(iv)impacts on development from environmental emissions generated by State-controlled roads are addressed by the development; and

(c)for miscellaneous transport infrastructure—to establish a regime for the effective planning and efficient management of the infrastructure; and

(d)for rail—to establish a regime that—

(i)contributes to overall transport effectiveness and efficiency; and

(ii)provides for the safety of railways and persons at, on or near railways; and

(iii)contributes to lower transport costs by allowing the maximum flexibility in rail transport operations consistent with achieving safety objectives; and

(iv)allows railway managers and operators to make decisions on a commercial basis; and

(e)for ports—to establish a regime under which a ports system is provided and can be managed within an overall strategic framework; and

(f)for air—to promote basic access to air services, and regional development, by making provision about air transport infrastructure; and

(g)for public marine transport—to establish a regime under which—

(i)public marine facilities are effectively and efficiently managed; and

(ii)the use of waterways for transport purposes is effectively and efficiently managed; and

(h)for busways—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; and

(iii)safely constructed, managed and operated infrastructure; and

(i)for busways and light rail—to establish a regime for each that—

(i)contributes to overall transport effectiveness and efficiency; and

(ii)is responsive to community needs; and

(iii)offers an appealing alternative to private transport in a way that takes into account overall environmental, economic and social influences of transport; and

(iv)addresses the challenges of future growth; and

(v)provides busway and light rail transport infrastructure and passenger services at a reasonable cost to the community and government; and

(vi)results in minimal interference with access to and from the road network; and

(vii)encourages the facilitation and use of public transport; and

(viii)gives priority to public transport over private vehicles; and

(ix)contributes to lower transport costs by allowing the maximum flexibility in busway and light rail transport operations consistent with achieving safety objectives; and

(x)allows managers and operators of busways and light rail to make decisions on a commercial basis; and

(j)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; and

(iii)the safety of light rail, light rail land, light rail transport infrastructure and persons at, on or near light rail, light rail land or light rail transport infrastructure; and

(iv)the construction, management and operation of light rail transport infrastructure under a light rail franchise agreement.

3   Definitions—the dictionary

(1)A dictionary in schedule 6 defines particular words used in this Act.

(2)Definitions found elsewhere in the Act are signposted in the dictionary.

3A   Notes in text

A note in the text of this Act is part of the Act.

4   State/Commonwealth agreements or arrangements

The powers and discretions conferred by this Act may be exercised in accordance with an agreement or arrangement between the State and the Commonwealth about the funding of transport infrastructure.

Chapter 2    Transport infrastructure strategies

5   Development of transport infrastructure strategies

(1)The chief executive must, from time to time, develop for the Minister’s approval transport infrastructure strategies that are designed to give effect to the coordination plan in relation to transport infrastructure in accordance with the objectives of this Act.

(2)In developing transport infrastructure strategies, the chief executive must take reasonable steps to engage in public consultation.

(3)The Minister may, at any time, direct the chief executive to prepare new transport infrastructure strategies for the Minister’s approval or to amend transport infrastructure strategies in the way the Minister directs.

(4)The Minister may approve transport infrastructure strategies that are submitted for approval or require the chief executive to amend the strategies in the way the Minister directs.

6   Contents of transport infrastructure strategies

(1)Transport infrastructure strategies must include—

(a)a statement of the specific objectives sought to be achieved; and

(b)proposals for the provision of transport infrastructure; and

(c)investment criteria for deciding priorities for government supported transport infrastructure between and within the different transport modes and options for financing the priorities; and

(d)criteria for deciding which roads should be controlled by the chief executive as State-controlled roads; and

(e)appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategies have been achieved.

(2)Transport infrastructure strategies must aim to provide an adequate framework for coordinating and integrating the provision of transport infrastructure as between the different transport modes.

(3)Transport infrastructure strategies must take account of agreements or arrangements between the State and the Commonwealth about the funding of transport infrastructure.

(4)If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, the transport infrastructure strategies for the area must not be inconsistent with, and must give effect to, the plan.

7   Tabling of transport infrastructure strategies

The Minister must cause transport infrastructure strategies, and each amendment of transport infrastructure strategies, approved by the Minister to be tabled in the Legislative Assembly.

Chapter 3    Obligations about transport infrastructure

8   Objective of chapter

In giving effect to the objective of this Act, this chapter is intended to ensure value for money for resources applied to the construction, maintenance and operation of transport infrastructure.

9   Obligations about government supported transport infrastructure

The chief executive must ensure that—

(a)the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in a way that, within the objective of this chapter—

(i)takes into account best practice and national benchmarks; and

(ii)promotes the safe transport of persons and goods; and

(iii)reduces adverse environmental impacts; and

(iv)encourages efficient and competitive behaviour in the construction and maintenance of transport infrastructure; and

(b)the construction, maintenance and operation of all government supported transport infrastructure for which the chief executive is responsible is carried out in accordance with standards—

(i)published by the chief executive; and

(ii)designed, within overall transport objectives, to achieve efficiency, affordable quality and cost effectiveness; and

(c)contracts that are let for the construction, maintenance or operation of transport infrastructure are designed in a way that encourages efficient performance by the contractor.

9A   Beneficial assets

(1)For section 9(a)(iii), it is recognised that, although the operation or use of transport infrastructure may have significantly adverse environmental impacts, the operation and use are necessary for the community’s environmental, social and economic wellbeing.

(2)However, it is intended that, within the objective of this chapter, any significantly adverse environmental impacts resulting from the operation or use of transport infrastructure be progressively reduced to the extent that it is practicable to do so.

10   Report on giving effect to s 9

Each annual report of the department must include a report on the way in which effect has been given to section 9 during the year to which the report relates.

Chapter 4    Implementation of transport infrastructure strategies

Part 1    Roads implementation programs

11   Development of roads implementation programs

(1)The chief executive must, each year, develop for the Minister’s approval roads implementation programs for the year and for 1 or more later years.

(2)Roads implementation programs must include—

(a)a program of projects, and policies and financial provisions, for implementing the transport infrastructure strategies in relation to road transport infrastructure, including roads that are not State-controlled roads; and

(b)performance targets for road transport infrastructure.

(3)Roads implementation programs may include proposals to spend amounts on transport infrastructure other than road transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.

(4)In developing roads implementation programs, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.

(5)Roads implementation programs are to be made publicly available in the way decided by the Minister.

(6)The Minister may at any time direct the chief executive to amend roads implementation programs.

(7)The Minister may approve roads implementation programs that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.

12   Consistency with transport infrastructure strategies

(1)Subject to directions of the Minister, roads implementation programs must be consistent with transport infrastructure strategies.

(2)If the Minister gives a direction under this section that results in roads implementation programs being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.

13   Report on operation of roads implementation programs

Each annual report of the department must include a report on the operation of the roads implementation programs during the year to which the annual report relates.

Part 2    Rail implementation programs

14   Development of programs

(1)The chief executive must, each year, develop for the Minister’s approval rail implementation programs for the year and for 1 or more later years for rail transport infrastructure that is government supported transport infrastructure.

(2)Rail implementation programs must include—

(a)a program of projects, and policies and budgets, for implementing the transport infrastructure strategies for rail transport infrastructure that is government supported transport infrastructure; and

(b)performance targets for the rail transport infrastructure.

(3)In developing rail implementation programs, the chief executive must take reasonable steps to—

(a)consult with local governments and railway managers and operators that the chief executive considers would be affected by the programs; and

(b)minimise conflict between the programs and expenditure programs of local governments and railway managers and operators.

(4)Rail implementation programs are to be made publicly available in the way decided by the Minister.

(5)The Minister may, at any time, direct the chief executive to amend a rail implementation program.

(6)The Minister may—

(a)approve a rail implementation program submitted for approval; or

(b)require the chief executive to amend a rail implementation program submitted for approval.

15   Consistency with transport infrastructure strategies

(1)Subject to the Minister’s directions, a rail implementation program must be consistent with transport infrastructure strategies.

(2)If a direction of the Minister results in a rail implementation program being inconsistent with a transport infrastructure strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.

16   Report on implementation of programs

Each annual report of the department must include a report on the implementation of the rail implementation program for the year of the report.

Part 3    Implementation programs for miscellaneous transport infrastructure

17   Development of implementation programs for miscellaneous transport infrastructure

(1)The chief executive must, each year, develop for the Minister’s approval implementation programs for miscellaneous transport infrastructure for the year and for 1 or more later years.

(2)Implementation programs for miscellaneous transport infrastructure must include—

(a)a program of projects, and policies and budgets, for implementing the transport infrastructure strategies about the miscellaneous transport infrastructure covered by the programs; and

(b)performance targets for that miscellaneous transport infrastructure.

(3)Implementation programs for miscellaneous transport infrastructure may include proposals to spend amounts on transport infrastructure other than miscellaneous transport infrastructure if the spending would contribute to intermodal effectiveness and efficiency.

(4)In developing implementation programs for miscellaneous transport infrastructure, the chief executive must take reasonable steps to consult with local governments that, in the opinion of the chief executive, would be affected by the programs.

(5)Implementation programs for miscellaneous transport infrastructure are to be made publicly available in the way decided by the Minister.

(6)The Minister may at any time direct the chief executive to amend implementation programs for miscellaneous transport infrastructure.

(7)The Minister may approve implementation programs for miscellaneous transport infrastructure that are submitted for approval or require the chief executive to amend the programs in the way the Minister directs.

18   Consistency with transport infrastructure strategies

(1)Subject to directions of the Minister, implementation programs for miscellaneous transport infrastructure must be consistent with transport infrastructure strategies.

(2)If the Minister gives a direction under this section that results in implementation programs for miscellaneous transport infrastructure being inconsistent with transport infrastructure strategies, the Minister must cause a copy of the direction to be tabled in the Legislative Assembly within 5 sitting days after it is given.

19   Report on operation of implementation programs for miscellaneous transport infrastructure

Each annual report of the department must include a report on the operation of the implementation programs for miscellaneous transport infrastructure during the year to which the annual report relates.

Part 4    Transport government entities

20   Matters transport government entities must take into account

(1)In preparing a corporate plan or a statement of corporate intent under the Government Owned Corporations Act 1993 or a strategic plan or operational plan under the Queensland Rail Transit Authority Act 2013, each rail government entity and each GOC port authority must take into account the transport infrastructure strategies.

(2)A rail government entity or a GOC port authority may spend amounts on transport infrastructure other than rail transport infrastructure or port infrastructure if the spending would contribute to effectiveness and efficiency.

Chapter 5    Air transport infrastructure

21   Air transport infrastructure funding programs

(1)The chief executive may develop, for the Minister’s approval, an air transport infrastructure funding program.

(2)The purpose of a program is to facilitate basic access to air transport services and regional development.

(3)An air transport infrastructure funding program must include a program of government funding to facilitate the upgrading or building of runways, landing strips or ancillary works.

(4)The chief executive may, with the Minister’s approval, amend an air transport infrastructure funding program.

(5)The chief executive may develop guidelines, consistent with the objectives of this Act and government policy, for assessing funding applications under a program.

(6)The chief executive must make any current program or guidelines publicly available.

22   Report on implementation of program

Each annual report of the department must include a report on the implementation of the air transport infrastructure funding program for the year of the report.

Chapter 6    Road transport infrastructure

Part 1    Preliminary

23   Scope of chapter

(1)To give effect to the objectives of this Act in relation to road transport infrastructure, the chief executive has, subject to the Minister and as required by this chapter—

(a)the function of influencing the total road network; and

(b)control over roads of State significance in the total road network, including roads of national significance that are managed in accordance with agreements or arrangements between the State and the Commonwealth about the funding of road transport infrastructure.

(2)This chapter establishes a framework under which the construction, maintenance or operation of a State-controlled road can be done by the chief executive, or by a local government or someone else under agreements or arrangements with the chief executive.

Part 2    State-controlled roads

Division 1 Declaration of State-controlled roads

24   Declaration of State-controlled roads

(1)The Minister may, by gazette notice, declare a road or route, or part of a road or route, to be a State-controlled road.

Note—

See sections 84CB and 105JAB for the revocation of a declaration made under this subsection by the making of a declaration under section 84A(1) or 105H(3).

(2)A declaration must be consistent with criteria about the declaration of State-controlled roads in the transport infrastructure strategies.

(3)A declaration must enable the location of the road to be identified.

(4)The location may be identified by specifying—

(a)the starting and ending points of the road; and

(b)the alignment of the road; and

(c)the width of the road by reference to the constructed centre line of the road pavement or surface.

(5)Unless otherwise specified in a declaration, the width of a State-controlled road through a State reserve, State forest, timber reserve, vacant State land or pastoral holding is 30m each side of the centre line of the trafficked route.

25   Consultation before declaration

Before making or revoking a declaration under section 24, the Minister must be satisfied each local government that would, in the Minister’s opinion, be affected by the proposed declaration or revocation has been—

(a)made aware of the proposed declaration or revocation; and

(b)given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.

26   State-controlled roads on rail corridor land

(1)This section applies if, under section 24, the Minister intends to declare a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land to be a State-controlled road.

(2)Before making the declaration, the Minister must be satisfied—

(a)the department has consulted with the railway manager, if any, for the rail corridor land; and

(b)the railway manager has been given a reasonable opportunity to make submissions to the Minister on the declaration.

(3)If the Minister decides to declare the road or route, or part of the road or route, to be a State-controlled road, the Minister must, when making the declaration, declare in the gazette notice the part of the rail corridor land where it is crossed by the road or route to be a common area (common area) for the rail corridor land and the State-controlled road.

(4)When the common area is declared—

(a)the chief executive may construct, maintain and operate the State-controlled road on the common area in a way not inconsistent with its use as rail corridor land; and

(b)a railway manager for the rail corridor land may construct, maintain and operate a railway on the common area in a way not inconsistent with its use as State-controlled road; and

(c)the railway manager and its agents or employees, and the Authority and its agents or employees, do not have any liability for the State-controlled road or its use or operation on the common area.

Examples for paragraph (a)—

•a level crossing

•a bridge or other structure over a railway

•a bridge or other structure that allows the road to pass under the railway

(5)Unless the chief executive and a railway manager for the rail corridor land otherwise agree—

(a)subject to section 251, the chief executive is responsible for maintaining the State-controlled road on the common area; and

(b)if the State-controlled road on the common area stops being used, the chief executive is responsible for the cost of removing road transport infrastructure from the common area and restoring the railway.

(6)The State is taken not to be in breach of any of its obligations in a sublease of the rail corridor land between the State and the railway manager by—

(a)the Minister’s declarations; or

(b)anything done by the chief executive under chapter 6 for the common area.

(7)After the common area is declared—

(a)the chief executive must promptly give a copy of the gazette notice of the declarations to the registrar of titles; and

(b)the registrar of titles must record the declarations on the relevant lease of the rail corridor land to the State and any affected sublease in the leasehold land register.

Division 2 Motorways

27   Declaration of motorways

(1)The Minister may, by gazette notice, declare that the whole or a part of a State-controlled road is a motorway.

(2)A declaration must enable the location of the motorway to be identified.

(3)Before making or revoking a declaration, the Minister must be satisfied each local government that would, in the Minister’s opinion, be affected by the proposed declaration or revocation has been—

(a)made aware of the proposed declaration or revocation; and

(b)given a reasonable opportunity to make submissions to the Minister on the proposed declaration or revocation.

Division 3 Chief executive to have powers of a local government

28   Chief executive to have power of a local government for State-controlled roads

The chief executive may exercise, for a State-controlled road in the area of a local government, all of the powers that the local government may exercise for a local government road in the area.

Part 3    Construction, maintenance and operation

29   Powers of chief executive for road works contracts etc.

(1)The chief executive may, in accordance with the relevant roads implementation program, carry out, or enter into contracts for the State with other persons (including local governments, State government bodies and agencies of the Government of some other State or of a Territory) for the carrying out of—

(a)road works on a State-controlled road or on land that is intended to become a State-controlled road; or

(b)other works that contribute to the effectiveness and efficiency of the road network; or

(c)the operation of a State-controlled road.

(2)The chief executive may, for the State, carry out road works on a local government road in accordance with an agreement between the chief executive and the local government.

(3)The chief executive may, for the State, enter into contracts with other persons for road works to be carried out outside the State by the chief executive, a local government, a State government body or a contractor to the chief executive in accordance with an agreement between the State and the other State or Territory concerned.

(4)A contract with a local government under this section about the maintenance and operation of a State-controlled road may include arrangements about which powers of the local government are to be exercised by the chief executive and which of the powers are to be exercised by the local government for the State-controlled road.

(5)A local government may enter into a contract mentioned in subsection (1) even though the contract relates to works or operation outside the local government’s area.

(6)The chief executive may, for the State, carry out, or enter into contracts with other persons to carry out, accommodation works that are necessary or convenient to be done as a result of road works, other than work done under subsection (7).

(7)The chief executive may, for the State, carry out, or enter into contracts for, works on or adjacent to a State-controlled road at the request of the owner of adjacent land on the basis that the owner provides consideration, whether monetary or otherwise, as agreed between the chief executive and the owner.

(8)This section does not prevent the chief executive carrying out, or entering into contracts for the carrying out, of road works of a minor or emergency nature.

30   Obligations in carrying out of works or operation of roads by the chief executive

In carrying out works, or the operation of roads, mentioned in section 29, the chief executive must ensure that the carrying out is done on a value for money basis.

31   Contracts to encourage efficiency

(1)In entering into contracts of the kind mentioned in section 29, the chief executive must ensure that open competition is encouraged.

(2)Subsection (1) does not apply to a contract with a person if the person is the sole invitee and enters into a price performance contract with the chief executive.

32   Cost sharing arrangements

The chief executive may arrange with another person (including a local government and a State government body) for the sharing by the chief executive with the other person of the cost of—

(a)acquisition of land for transport infrastructure; or

(b)road works on a State-controlled road; or

(c)other works that contribute to the effectiveness and efficiency of the road network; or

(d)the operation of a State-controlled road;

including all necessary preliminary costs associated with the acquisition, works or operation.

33   Prohibition on road works etc. on State-controlled roads

(1)A person must not, without lawful excuse or the written approval of the chief executive—

(a)carry out road works on a State-controlled road; or

(b)interfere with a State-controlled road or its operation.

Maximum penalty—200 penalty units.

(2)A person may apply to the chief executive for an approval mentioned in subsection (1).

Note—

See part 10 for general provisions about the application.

(3)An approval may be subject to conditions decided by the chief executive.

(4)A person must not contravene a condition that applies to the person under subsection (3).

Maximum penalty—200 penalty units.

(5)Subsection (1) does not apply to a person who carries out maintenance of ancillary works and encroachments or landscaping that does not interfere with a State-controlled road or its operation.

(6)An approval under subsection (1) for road works that are road access works may only be given if there is a permitted road access location under a decision in force under section 62(1) in relation to the road access works.

34   Offender to pay cost of remedying unauthorised works

(1)If a person carries out works contrary to section 33(1), the chief executive may—

(a)dismantle or alter the works; or

(b)remedy damage caused by the works.

(2)If the chief executive causes the works to be dismantled or altered or the damage to be remedied under subsection (1), the person is liable to pay to the chief executive the costs incurred by the chief executive.

35   Temporary occupation and use of land

(1)To carry out road works, accommodation works or land management activities, the chief executive, or someone authorised in writing by the chief executive, (temporary occupier) may temporarily occupy and use land, including roads, and do anything on the land that is necessary or convenient to be done.

(2)However, without limiting subsection (1), the subsection does authorise the chief executive to extract and use quarry material reserved to the State and administered under the Forestry Act 1959 from land.

(3)In this section—

land management activity means an activity, other than accommodation works or road works, relating to road transport infrastructure or proposed road transport infrastructure.

Examples of a land management activity—

surveying flora, managing weeds or other pests, clearing vegetation, monitoring air or water quality or noise levels

36   Notice of entry or permission to enter

(1)The person who is proposing to occupy and use land under section 35 (proposed temporary occupier) must—

(a)give at least 7 days written notice to the owner or occupier of the land and the following persons—

(i)if the land is land from which quarry material mentioned in section 35(2) is to be extracted—to the chief executive of the department in which the Forestry Act 1959 is administered;

(ii)if the land is administered under the Land Act 1994—to the chief executive of the department in which that Act is administered; or

(b)obtain the written approval of the owner or occupier to the occupation or use.

(2)The notice must state—

(a)the road works, accommodation works or land management activities to be carried out; and

(b)the use proposed to be made of the land; and

(c)details of the things proposed to be done on the land; and

(d)an approximate period when the occupation or use is expected to continue; and

(e)if accommodation works or land management activities are proposed to be carried out on the land—the owner or occupier may, within 7 days after the notice is given, make submissions to the proposed temporary occupier about the accommodation works or land management activities proposed to be carried out on the land.

(3)A notice may be given under subsection (1) in relation to land even if it is proposed to resume the land for road works.

(4)If accommodation works or land management activities are proposed to be carried out on the land, the proposed temporary occupier must consider any submissions that are made within the 7 days after the notice is given, before carrying out the accommodation works or land management activities.

(5)After the end of 7 days after service of a notice under subsection (1), or with the agreement of the owner or occupier, the land may be entered and the road works, accommodation works or land management activities specified in the notice carried out.

(6)If urgent remedial attention is required, subsection (1) does not apply but the person who is proposing to occupy or use the land must, if it is practicable, notify the owner or occupier of the land orally.

(7)In this section—

land management activity see section 35(3).

37   Compensation for physical damage from entry etc.

(1)An owner of land that is entered, occupied or used under section 35 may give a written notice to the chief executive claiming compensation for physical damage caused by the entry, occupation or use or for the taking or consumption of materials.

(2)Compensation is not payable unless a claim is received by the chief executive within 1 year after occupation or use has ended.

(3)However, the chief executive may allow a claim to be made at a later time.

(4)Compensation awarded under this section must not be more than the compensation that would have been awarded if the land had been acquired.

38   Fencing State-controlled roads

(1)The chief executive does not have to contribute to the fencing of the whole or a part of the boundary between land and—

(a)an existing State-controlled road; or

(b)a road or land that is intended to become a State-controlled road; or

(c)a widening or deviation of a State-controlled road involving the acquisition of land.

(2)However, subsection (1)(b) does not apply to an existing road if the land is substantially fenced and the presence of the road will make the fencing ineffective.

(3)Subsection (1)(c) does not apply if the previous boundary of the road was substantially fenced.

39   Watercourses and road works

(1)To carry out road works, the chief executive may—

(a)divert a watercourse; or

(b)construct a watercourse, whether temporary or permanent.

(2)In taking action under subsection (1), the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse.

(3)The chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently.

Part 4    Relationship with local governments

40   Funds for works on, or operation of, local government roads etc.

(1)The chief executive may enter into an agreement with a local government under which the chief executive supplies funds to the local government for road works on a local government road, for other works that contribute to the effectiveness and efficiency of the road network or for the operation of a local government road.

(2)The agreement—

(a)must provide for the works or operation to be carried out in accordance with an agreement between the chief executive and the local government that is designed to ensure value for money in the application of the funds; and

(b)may be subject to other conditions.

41   Improvement of State-controlled road as an economic alternative to improvement of the local road network

If a local government concludes that improvements to a State-controlled road in its area would be beneficial to the local road network, the local government may make financial arrangements with the chief executive for the improvements to be made.

42   Impact of certain local government decisions on State-controlled roads

(1)A local government must obtain the chief executive’s written approval if—

(a)it intends to carry out road works on a local government road or make changes to the management of a local government road; and

(b)the works or changes would—

(i)require the carrying out of road works on a State-controlled road; or

(ii)otherwise have a significant adverse impact on a State-controlled road; or

(iii)have a significant impact on the planning of a State-controlled road or a future State-controlled road.

(2)Subsection (1) does not apply if the chief executive or planning chief executive considered the works or changes as part of considering—

(a)an application for a development approval; or

(b)a change application.

(3)The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required.

(4)An approval by the chief executive under subsection (1) may be subject to conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.

(5)Subsection (1) does not apply if the conditions applied and enforced by the local government for the road works or changes comply with permission criteria fixed by the chief executive.

(6)The permission criteria may include conditions, including a condition that consideration, whether monetary or otherwise, be given in compensation for the impact that the road works or changes will have.

(7)A local government must comply with conditions that apply to it under this section.

(8)If a local government contravenes subsection (1) or a condition that applies to it under this section, the local government is liable to compensate the chief executive for the cost of road works to State-controlled roads that are reasonably required because of the contravention.

(9)An approval by the chief executive under subsection (1) must be given—

(a)within 21 days after receiving the application for approval; or

(b)within a longer period notified to the local government by the chief executive within the 21 day period.

(10)If—

(a)a local government applies for an approval under subsection (1); and

(b)the chief executive does not respond to the application within 21 days after receiving the application;

the chief executive is taken to have given approval at the end of the 21 days.

(11)In this section—

future State-controlled road means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road.

(12)The chief executive must cause a copy of each notice under subsection (11) to be published in the gazette.

43   Distraction of traffic on motorways

(1)A local government must obtain the chief executive’s written approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be—

(a)visible from a motorway; and

(b)beyond the boundaries of the motorway; and

(c)reasonably likely to create a traffic hazard for the motorway.

(2)The chief executive may make guidelines to which local governments must have regard in deciding whether an approval of the chief executive under subsection (1) is required for particular motorways.

(3)An approval by the chief executive under subsection (1) may be subject to conditions.

(4)Subsection (1) does not apply if the conditions applied by the local government to the erection, alteration or operation of the sign or device comply with permission criteria fixed by the chief executive.

(5)The permission criteria may include conditions.

(6)A local government must comply with conditions that apply to it under this section.

(7)An approval by the chief executive under subsection (1) must be given—

(a)within 21 days after receiving the application for approval; or

(b)within a longer period notified to the local government by the chief executive within the 21 day period.

(8)If—

(a)a local government applies for an approval under subsection (1); and

(b)the chief executive does not respond to the application within 21 days after receiving the application;

the chief executive is taken to have given approval at the end of the 21 days.

(9)In this section—

motorway includes a road or land that the chief executive has notified the local government in writing is intended to become a motorway.

(10)The chief executive must cause a copy of each notice under subsection (9) to be published in the gazette.

44   Effect of decisions of Planning and Environment Court

(1)If—

(a)an approval under section 42(1) is subject to conditions; and

(b)a local government imposes conditions on the road works or changes to which the approval relates; and

(c)the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the conditions of the approval under section 42(1), the conditions of the approval are taken to be amended accordingly.

(2)If—

(a)there are permission criteria relevant to road works or changes mentioned in section 42; and

(b)a local government imposes conditions on the road works or changes; and

(c)the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the road works or changes.

(3)If—

(a)an approval under section 43(1) is subject to conditions; and

(b)a local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and

(c)the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the conditions of the approval under section 43(1), the conditions of the approval are taken to be amended accordingly.

(4)If—

(a)there are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43; and

(b)a local government imposes conditions on the erection, alteration or operation; and

(c)the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the erection, alteration or operation.

(5)The Planning and Environment Court is not to amend conditions as mentioned in this section without giving the chief executive a chance to be heard.

45   Management of particular functions on State-controlled roads by local governments

(1)A local government may exercise, for a State-controlled road in its area, all the powers that it may exercise for a local government road in its area subject to the Local Government Act 2009, the City of Brisbane Act 2010 and the Transport Operations (Road Use Management) Act 1995, section 66.

(2)However, if there is a contract of the kind mentioned in section 29(4) between the chief executive and a local government, the exercise of the powers must be done as required by the contract.

(3)If there is no contract of the kind mentioned in section 29(4) between the chief executive and a local government, the chief executive may direct the local government not to exercise any or some of its powers for a State-controlled road specified in the direction.

(4)A direction under subsection (3) may be subject to conditions.

(5)A local government must comply with directions or conditions under this section.

(6)The exercise of a power by a local government under this section is not a contravention of this Act.

Part 5    Management of State-controlled roads

Division 1 Prevention of damage and ensuring safety

46   Temporary restrictions on use of State-controlled roads

(1)If the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice), declare that—

(a)a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or

(b)a State-controlled road may only be used—

(i)at specified times; or

(ii)by particular classes of vehicles; or

(iii)in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive.

(2)A restricted road use notice must—

(a)be erected or displayed on the road to which the notice applies; and

(b)be easily visible to persons using the road; and

(c)state how the use of the road is restricted; and

(d)state the maximum penalty for failing to comply with the notice.

(3)The chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate.

Examples of ways declaration may be advertised—

on the department’s website, in a newspaper circulating generally in the relevant area, on television, on the radio

(4)A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person—

(a)has a reasonable excuse; or

(b)is acting in accordance with a written approval given by the chief executive or police commissioner; or

Note—

A written approval includes, for example, an approval given by text message, email or fax.

(c)is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road.

Maximum penalty—200 penalty units.

(5)A person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1).

Maximum penalty—200 penalty units.

(6)Neither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4).

(7)Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4)(b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply.

(8)If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State.

(9)In this section—

tamper, with a restricted road use notice erected or displayed under subsection (1), includes—

(a)damage, deface or destroy the notice; and

(b)move or remove the notice; and

(c)hinder the visibility of the notice.

47   Removal of materials etc.

(1)A person must not, without lawful excuse, damage, remove or interfere with naturally occurring materials, stockpiles of materials, watercourses, road works or ancillary works and encroachments on a State-controlled road.

Maximum penalty—200 penalty units.

(2)A person must not deposit rubbish or abandon goods or materials on a State-controlled road other than at places approved by, and under conditions fixed by, the chief executive.

Maximum penalty—200 penalty units.

48   Recovery of cost of damage

(1)If—

(a)a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and

(b)the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments;

the person is liable to pay to the chief executive the cost of repair, replacement or reconstruction.

(2)If—

(a)the damage is caused by the operation of a vehicle; and

(b)the driver of the vehicle is unknown or can not be located;

the person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable.

(3)Subsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered.

(4)If—

(a)a court finds a person guilty of an offence against this Act; and

(b)in committing the offence, the person caused damage to road works or ancillary works and encroachments;

the court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage.

49   Assessment of impacts on State-controlled roads from certain activities

(1)This section applies if—

(a)the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a significant adverse impact on a State-controlled road; and

(b)the activity is not for—

(i)a significant project under the State Development and Public Works Organisation Act 1971; or

(ii)development categorised under a planning scheme as assessable development for the Planning Act; or

(iii)development in a priority development area under the Economic Development Act 2012.

(2)The chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact.

(3)After assessing the impact, the chief executive may decide to do 1 or more of the following—

(a)give the entity a direction about the use of the road to lessen the impact;

(b)require the entity—

(i)to carry out works to lessen the impact; or

(ii)to pay an amount as compensation for the impact.

(4)The chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensifies.

(5)The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction.

(6)The regulation mentioned in subsection (1)(a)—

(a)must contain a process under which the chief executive’s decision may be reviewed; and

(b)may contain a process for enforcing the decision.

49A   Impact of particular development and State-controlled roads

(1)This section applies if the chief executive is—

(a)a referral agency for a development application; or

(b)the responsible entity or a referral agency for a change application.

(2)Also, this section has as its purpose ensuring—

(a)the efficient and safe management of State-controlled roads; and

(b)that development addresses impacts on the development from environmental emissions generated by State-controlled roads.

Examples of environmental emissions—

air particles, fumes, light, noise

(3)For performing the chief executive’s functions as responsible entity or referral agency, the chief executive must consider the extent to which the proposed development satisfies the purpose mentioned in subsection (2).

(4)Subsection (3) is in addition to, and does not limit, the Planning Act, sections 55, 81, 81A and 82.

Division 2 Ancillary works and encroachments and roadside facilities

Subdivision 1 General rules for ancillary works and encroachments

50   Ancillary works and encroachments

(1)The chief executive may construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road.

(2)A person, other than the chief executive, must not construct, maintain, operate or conduct ancillary works and encroachments on a State-controlled road unless the construction, maintenance, operation or conduct—

(a)is approved in writing by the chief executive; or

(b)conforms to requirements stated in a notice made by the chief executive under subsection (4); or

(c)is done as required by a written arrangement entered into with the chief executive; or

(d)is approved under this Act, other than this section; or

(e)is permitted under the Land Act 1994, the Transport Operations (Road Use Management) Act 1995, the Economic Development Act 2012 or an Act about local government.

Example for paragraph (e)—

ancillary works and encroachments permitted under a local law made under the Transport Operations (Road Use Management) Act 1995, section 66

Maximum penalty—200 penalty units.

(3)A person may apply to the chief executive for an approval mentioned in subsection (2)(a).

Note—

See part 10 for general provisions about the application.

(4)For the purpose of subsection (2)(b), the chief executive may, by notice, permit the construction, maintenance, operation or conduct of ancillary works and encroachments that meet requirements stated in the notice.

(5)The chief executive must publish a notice made under subsection (4) on the department’s website.

(6)An approval or requirements under this section may be subject to conditions (including conditions about the payment of fees and other charges) fixed by the chief executive.

(7)In this section—

arrangement includes an agreement, contract, deed, lease and permit.

51   Presumptions about advertising notices

(1)This section applies to a prosecution for an offence against section 50(2) in relation to an advertising notice.

(2)Each person whose product or service is advertised on the notice is taken to maintain the notice, unless the person proves the advertisement was placed without the person’s knowledge or permission.

52   Alteration etc. of ancillary works and encroachments

(1)If ancillary works and encroachments are constructed, maintained, operated or conducted contrary to section 50, the chief executive may—

(a)cause them to be altered, relocated, made safe or removed; or

(b)for activities—direct that their conduct be altered or that they stop being conducted.

(2)A person who constructed, maintained or operated ancillary works and encroachments contrary to section 50 is liable to pay to the chief executive the cost of altering or relocating them, making them safe or removing them.

(3)If ancillary works and encroachments are removed under subsection (1), the chief executive may cause them to be sold or destroyed.

(3A)If the chief executive sells ancillary works and encroachments, the proceeds of the sale must be applied in the following order—

(a)in payment of the expenses reasonably incurred by the chief executive in removing and selling the ancillary works and encroachments;

(b)if there is an amount owing to an entity under a security interest registered for the ancillary works and encroachments under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(c)the balance to the owner of the ancillary works and encroachments or, if the owner can not be found, to the consolidated fund.

(3B)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (3A)(a) or (b).

(4)If the chief executive is of the opinion that ancillary works and encroachments, or the use of ancillary works and encroachments, that were constructed, maintained, operated or conducted on a State-controlled road under an approval, requirements or contract under section 50—

(a)by themselves or with other factors—

(i)are creating or may in the future create a traffic hazard; or

(ii)are reducing or may in the future reduce safety; or

(iii)are having or may in the future have an adverse effect on traffic operations; or

(b)require emergency action; or

(c)have become or may in the future become an obstacle to the carrying out of road works on the road or to the construction, augmentation, alteration or maintenance of public utility plant on the road;

the chief executive may cause them to be, or direct that they be, altered, relocated, made safe or removed or, for activities, direct that their conduct be altered or that they stop being conducted.

(5)A person must comply with a direction under this section.

Maximum penalty—200 penalty units.

(6)If ancillary works and encroachments are altered, relocated, made safe or removed because of a direction under subsection (4), the chief executive may enter into an agreement with the owner of the ancillary works and encroachments for making a contribution towards the cost of the alteration, relocation, making safe or removal.

(7)In this section—

secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

Subdivision 2 Special arrangements about access

53   Definitions

In this subdivision—

approved means of access ...

declaration has the meaning given by section 54(1).

land, adjacent to a State-controlled road, includes land that is not adjacent to the road but is benefited by an easement, registered under the Land Title Act 1994—

(a)that is over land that is adjacent to the road; and

(b)that starts at the boundary between the land mentioned in paragraph (a) and the road.

owner includes a lessee under the Land Act 1994.

permitted road access location means a permitted road access location under a decision in force under section 62(1).

road access location means a location on a property boundary between land and a road for the entry or exit of traffic.

State-controlled road includes a road or land that the chief executive has notified the relevant local government in writing is intended to become a State-controlled road.

54   Limited access roads

(1)The chief executive, by gazette notice complying with sections 56 and 57, may declare part or all of a State-controlled road to be a limited access road (a declaration).

(2)For each limited access road proposed to be declared, the chief executive must make a policy about the application of section 62 to access between the limited access road and adjacent land.

(3)For a State-controlled road that is a limited access road under section 516(1), the chief executive may—

(a)develop a policy about the application of section 62 to access between the road and adjacent land; and

(b)publish a gazette notice complying with section 57 about the policy.

(4)If a gazette notice mentioned in subsection (1) or (3) is published for a limited access road, the chief executive—

(a)must ensure there is always a policy for the road while it is a limited access road; and

(b)by gazette notice complying with section 57, may replace the policy as it exists at any time for the road; and

(c)without a gazette notice, may amend the policy under section 58; and

(d)must apply the policy as made, amended or replaced.

55   Local government to be consulted on proposed declaration or policy

The chief executive must, before giving effect to a proposal to publish a gazette notice to make, amend or revoke a declaration or to make, amend or replace a policy for a limited access road—

(a)notify each local government, that the chief executive considers is affected by the proposal, of the proposal; and

(b)give each notified local government a reasonable opportunity to make a submission to the chief executive on the proposal.

56   Information in s 54 gazette notice about a declaration

(1)A gazette notice under section 54(1) must state the reasons for the declaration.

(2)The gazette notice must also state that any person whose interests are affected by the declaration may—

(a)under section 485—ask for the decision to make the declaration (the original decision) to be reviewed by the chief executive; and

(b)under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and

(c)under the Transport Planning and Coordination Act 1994, part 5, division 3—

(i)appeal against the chief executive’s decision on the review (the reviewed decision) to the court stated in schedule 3 for the decision; and

(ii)apply for the reviewed decision to be stayed.

57   Information in s 54 gazette notice about new or replacement policy

(1)A gazette notice under section 54(1), (3)(b) or (4)(b) for a limited access road must state the following—

(a)that there is a policy, that will be applied, about the application of section 62 to access between the road and adjacent land;

(b)if the policy is replacing another policy, that a policy identified in the notice is being replaced;

(c)the text of section 61;

(d)either—

(i)the text of the policy; or

(ii)a notice that the policy is available for inspection, free of charge, during business hours at stated places;

(e)that the policy may be amended at any time without a gazette notice if—

(i)the amendment merely changes or repeals specific provision for 1 or more particular properties; and

(ii)the owner or occupier of each property has been given written notice of the amendment;

(f)that any person whose interests are affected by a policy, or, if the policy is a replacement policy, any change of the policy being replaced, may—

(i)under section 485—ask for the decision about the policy to be applied (the original decision) to be reviewed by the chief executive; and

(ii)under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the original decision to be stayed; and

(iii)under the Transport Planning and Coordination Act 1994, part 5, division 3—

(A)appeal against the chief executive’s decision on the review (the reviewed decision) to the court stated in schedule 3 for the decision; and

(B)apply for the reviewed decision to be stayed.

(2)If the policy for the limited access road is replacing another policy, the rights mentioned in subsection (1)(f) of a person mentioned in subsection (1)(f) are limited to any change the policy makes to the replaced policy.

58   Amendment of policy for a limited access road in limited circumstances

(1)The chief executive may amend a policy for a limited access, as opposed to replacing the policy, if—

(a)the amendment is a mere change or repeal of a specific provision for 1 or more particular properties; and

(b)the chief executive has given the owner or occupier of each property written notice of the amendment.

(2)The written notice mentioned in subsection (1)(b) must—

(a)state the notice is given under this section; and

(b)state the reasons for the decision; and

(c)be accompanied by an information notice for the decision.

59   Gazette notices must show location of limited access road

A gazette notice under section 54 must contain enough information to allow the location of the limited access road to be identified, for example, by including the following information—

(a)the points at which the limited access road starts or ends;

(b)its alignment;

(c)the boundaries of the State-controlled road to which limitation of access is to be applied.

60   Advertisement of gazette notice

The publishing of a gazette notice under section 54 must be advertised in a way the chief executive considers appropriate, including, for example, on the department’s website, in the electronic version of a newspaper or in a newspaper circulating in the area of the limited access road.

61   Offence for limited access roads

A person must not construct or change a physical means of entry or exit for traffic between land and a limited access road without first obtaining a decision under section 62(1) that authorises the construction or change.

Maximum penalty—200 penalty units.

62   Management of access between individual properties and State-controlled roads

(1)The chief executive may, for 1 or more State-controlled roads and particular adjacent land, on application by a person with an interest in the land or the chief executive’s own initiative, make a written decision stating any of the following—

(a)the location or locations at which access between the land and the road is permitted (a permitted road access location);

(b)restrictions on the use of a permitted road access location;

(c)conditions on the use of a permitted road access location;

(d)where particular road access works, or a stated type of road access works, must be situated;

(e)conditions or restrictions on the use of road access works;

(f)that access at a location or locations is no longer permitted;

(g)that road access works for construction at a place must be of a stated type, standard or extent or be constructed in a stated way;

(h)that either the type, construction or extent of existing road access works must be changed in a way stated by the chief executive or the use of the works must be discontinued;

(i)that all access between the road and the land is prohibited or no longer prohibited;

(j)that stated existing road access works must be removed by the owner within a stated reasonable time;

(k)without limiting paragraphs (f) to (j), that anything mentioned in paragraphs (a) to (e) is changed or must be changed as stated in the decision.

Note—

See part 10 for general provisions about the application.

(2)A condition or restriction under subsection (1) may, for example, be any of the following—

(a)a prohibition on the use of the permitted road access location or road access works by pedestrians;

(b)a prohibition on turns by vehicles going in or out of the land;

(c)a restriction on the type and number of vehicles the owner, occupier or person who applied for the decision may allow to use the permitted road access location;

(d)a requirement that the owner, occupier or person who applied for the decision take reasonable, or stated reasonable, steps to ensure the permitted road access location is used by others in accordance with the conditions;

(e)a restriction on when the permitted road access location may be used.

(3)All or part of a decision may be limited to a stated period by reference to time or circumstance.

(4)A decision must be consistent with any policy under section 54 that is applicable to the decision.

62A   Particular applications taken to be application for decision under s 62(1)

(1)This section applies if—

(a)a development application or a change application (each a planning application) is made under the Planning Act; and

(b)the planning chief executive is—

(i)if the planning application is a development application—the assessment manager or a referral agency for the application; or

(ii)if the planning application is a change application—the responsible entity for the application; and

(c)the proposed development involves constructing or changing a vehicular access between the land the subject of the application (the subject land) and a State-controlled road; and

(d)either—

(i)the chief executive has not made a decision under section 62(1) in relation to the subject land; or

(ii)the chief executive has made a decision under section 62(1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.

(2)The planning application is taken to also be an application for a decision under section 62(1).

(3)If the planning application lapses, or is changed or withdrawn, under the Planning Act, the application for a decision under section 62(1) also lapses, or is taken to have been changed or withdrawn.

(4)To remove any doubt, it is declared that this section applies even if the applicant for the planning application does not have an interest in the subject land.

(5)In this section—

proposed development means—

(a)for a development application—the development the subject of the application; or

(b)for a change application—the development the subject of the development approval to which the change application relates, as the development is proposed to be changed under the change application.

63   Request for information

(1)The chief executive may, by written notice, ask an applicant for a decision under section 62(1) for further information needed to decide the application.

(2)The applicant must give the requested information to the chief executive by—

(a)the day stated in the notice; or

(b)a later day agreed between the applicant and the chief executive.

(3)If the chief executive asks, under this section, for further information about an application, the chief executive may refuse to decide the application until the applicant gives the required information.

(4)However, subsection (3) does not apply to a planning application that, under section 62A(2), is taken to also be an application for a decision under section 62(1).

64   Decision under s 62(1) may impose construction or financial obligation

(1)A decision under section 62(1) made on an application may include either or both of the following conditions—

(a)that the applicant construct, pay for, or contribute to the cost of, stated road access works to be constructed to a stated standard;

(b)that the applicant maintain, pay for, or contribute to the cost of, maintaining stated road access works to a stated standard.

(2)However, this section does not apply if the application is made in compliance with a direction given under section 69.

65   Limitation on new decisions under s 62(1)

If there is a permitted road access location for land, the chief executive may make a new decision under section 62(1) for the land on the chief executive’s own initiative only if the chief executive considers the permitted road access location, road access works associated with it, or the use of either of them—

(a)by themselves, or with other factors—

(i)are creating or may in the future create a traffic hazard; or

(ii)are reducing or may in the future reduce safety; or

(iii)are having or may in the future have an adverse effect on traffic operations; or

(b)require emergency action; or

(c)has become or may in the future become an obstacle to—

(i)the carrying out of road works on a State-controlled road; or

(ii)the construction, augmentation, alteration or maintenance of ancillary works and encroachments, or public utility plant, on a State-controlled road.

66   Road access works within State-controlled road

(1)To remove doubt, it is declared that—

(a)a decision under section 62(1) does not give rise to any rights whether beneficial or otherwise in any property that is on, or part of, a State-controlled road; and

(b)section 62 does not limit the chief executive’s powers to change, remove, construct or deal with road access works to the extent they are on, or part of, a State-controlled road.

(2)Also, it is declared that the chief executive is not obliged to consider making or obliged to make a decision for a person under section 62(1) in relation to road access works to the extent they are on, or part of, a State-controlled road if none of the following circumstances relevant to the decision exist—

(a)action by the chief executive in substance changing the effect of a previous decision, binding on the person, in force under section 62(1) about anything mentioned in section 62(1)(a) to (c);

(b)action by the chief executive affecting a written agreement under this Act between the chief executive and the person bound by a decision under 62(1).

(3)Subsection (2) does not limit the discretion of the chief executive under section 62(1).

67   Notice of decision under s 62(1)

(1)If the chief executive makes a decision under section 62(1), the chief executive must give written notice of the decision to—

(a)if the decision is on a planning application that, under section 62A(2), is taken to also be an application for a decision under section 62(1)—the planning chief executive; or

(b)otherwise, each of the following persons—

(i)the owner of the land to which the decision relates;

(ii)the occupier of the land to which the decision relates;

(iii)any person who may have applied for the decision.

(2)The notice must state the following—

(a)the notice is given under this section;

(b)the reasons for the decision;

(c)if the notice is given to the planning chief executive—that the applicant for the planning application is bound by the decision because of section 70;

(d)if the notice is given to a person mentioned in subsection (1)(b)—that the person is bound by the decision because of section 70;

(e)the text of section 70;

(f)that there is no guarantee of the continuation of road access arrangements, as this depends on future traffic safety and efficiency circumstances.

(3)Subsection (4) applies if the decision is not a decision sought by—

(a)for a decision on a planning application mentioned in subsection (1)(a)—the applicant; or

(b)for any other decision—the person to whom the notice is given.

(4)The notice must be accompanied by an information notice for the decision.

(5)Subsections (6) to (8) apply if the decision is on a planning application mentioned in subsection (1)(a).

(6)The notice—

(a)must be given to the planning chief executive at least 1 business day before the end of the response period for the planning application; and

(b)must then be given by the planning chief executive to the applicant when the planning chief executive gives the applicant—

(i)a referral agency’s response under the Planning Act for the planning application; or

(ii)a decision notice, under the Planning Act, section 63 or 83, for the planning application; and

(c)is taken to have been given to the applicant by the chief executive on the day the notice is given to the applicant by the planning chief executive.

(7)If a development approval, or changed development approval, is given for the planning application, the decision under section 62(1)—

(a)starts to have effect when the approval has effect; and

(b)stops having effect if the approval lapses or is cancelled; and

(c)replaces any earlier decision made under section 62(1) in relation to the land.

(8)If the planning application is refused, the decision under section 62(1) does not take effect.

(9)In this section—

decision-making period means—

(a)for a development application—the period allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application, including any extension of that period under the rules; or

(b)for a change application—the period allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application, including any extension of that period under the rules.

minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.

referral agency’s response period, for a development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56(4) of that Act for the application, including any extension of that period under the rules.

response period, for a planning application, means—

(a)if the planning application is a development application for which the planning chief executive is a referral agency—the referral agency’s response period for the application; or

(b)if the planning application is a development application for which the planning chief executive is the assessment manager or a change application other than a minor change application—the decision-making period for the application; or

(c)if the planning application is a minor change application—the period allowed under the Planning Act, section 81A(3) or (4)(b) for deciding the application, including any extension of that period under section 81A(5) of that Act.

67A   Request for copy of decision made under s 62(1)

(1)A person who has an interest in land may, in writing, ask the chief executive to give the person a copy of a decision in force under section 62(1) for the land.

(2)If a person asks the chief executive, under subsection (1), for a copy of a decision, the chief executive must give the person the copy.

68   Other persons may, by notice, also become bound by a decision under s 62(1)

(1)If a particular person is not already bound by a decision under section 62(1), the chief executive may—

(a)give the person a copy of the decision and of section 70; and

(b)notify the person, in writing, that the person is bound, under this section, by the decision.

(2)A person notified under subsection (1) is bound by the decision.

69   Direction to owner or occupier to apply for permitted road access location

(1)This section applies to land adjacent to a State-controlled road, if there is no decision in force under section 62(1) for the land.

(2)The chief executive may give a person who is the owner or occupier of the land a written direction that the person must do either or both of the following—

(a)within 28 days of the direction, apply under section 62(1) to have the chief executive make a decision about access between the land and the State-controlled road;

(b)not use, or permit anyone else to use, any road access location on any boundary between the land and the State-controlled road until the person has applied to the chief executive for a decision under section 62(1).

(3)The direction must state the penalty for not complying with the direction.

(4)A person given a direction under subsection (2) must comply with the direction.

Maximum penalty for subsection (4)—200 penalty units.

70   Offences about road access locations and road access works, relating to decisions under s 62(1)

(1)This section applies to a person who has been given notice under section 67 or 68 of a decision under section 62(1) about access between a State-controlled road and adjacent land.

(2)A person to whom this section applies must not—

(a)obtain access between the land and the State-controlled road other than at a location at which access is permitted under the decision; or

(b)obtain access using road access works to which the decision applies, if the works do not comply with the decision and the noncompliance was within the person’s control; or

(c)obtain any other access between the land and the road contrary to the decision; or

(d)use a road access location or road access works contrary to the decision; or

(e)contravene a condition stated in the decision; or

(f)permit another person to do a thing mentioned in paragraphs (a) to (e); or

(g)fail to remove road access works in accordance with the decision.

Maximum penalty—200 penalty units.

(3)However, subsection (2)(g) does not apply to a person who is bound by the decision because of section 68.

71   Chief executive may take steps to prevent or deal with contravention

(1)The chief executive may take reasonable and necessary steps to prevent, or protect the public from the consequences of, a person’s contravention of section 70.

(2)If the chief executive takes steps under subsection (1), because a person contravenes or attempts to contravene section 70, the chief executive may recover from the person as a debt the reasonable costs of taking the steps.

72   Chief executive may supply or contribute to new access arrangements

(1)This section applies if a decision under section 62(1) has an effect mentioned in section 73(1) or (2), and section 74 does not prevent the payment of compensation or remove the chief executive’s liability to pay compensation.

(2)The chief executive may enter into an agreement with the owner, or the owner and the occupier, of the land for—

(a)the supply by the chief executive of, or a contribution towards the supply by the chief executive of, alternative road access works between the State-controlled road and the adjacent land or between the adjacent land and another road; or

(b)the carrying out, or a contribution towards the carrying out, of other works in relation to the land.

73   Compensation

(1)This section applies if a decision under section 62(1) has the effect that all access between a State-controlled road and particular adjacent land is prohibited and—

(a)there is—

(i)no practical alternative road access location for the land, that is, the land becomes effectively landlocked; and

(ii)no previous decision in force under section 62(1) under which the land was effectively landlocked; or

(b)there is a permitted road access location between the land and the road, and paragraph (a) does not apply.

(2)This section also applies if a decision under section 62(1) has the effect of changing in substance the effect of a previous decision in force under section 62(1) about anything mentioned in section 62(1)(a) to (c) other than in a way that has the effect mentioned in subsection (1).

(3)However, this section only applies if the owner or occupier claiming compensation is adversely affected by the decision and—

(a)an agreement can not be reached with the chief executive under section 72; or

(b)the chief executive decides it is not practicable to take action under section 72.

(4)The owner or occupier may recover as a debt from the chief executive compensation for the diminution in value because of the prohibition or change.

(5)To remove doubt, it is declared that—

(a)in deciding compensation, access to and from the land that could be made available at other locations must be taken into account; and

(b)compensation is not payable to the extent that the diminution in value is attributable to a prohibition or change that affects—

(i)the supply of access to and from a traffic stream; or

(ii)road works mentioned in paragraph (b) of the definition road access works.

74   Cases where compensation not payable

(1)Compensation is payable under section 73 to a person only if a claim is given to the chief executive within 1 year after—

(a)the day when the relevant decision took effect; or

(b)the day when the person was first notified by the chief executive of the decision;

whichever is the later.

(2)However, the chief executive may allow a claim to be made at a later time.

(3)The chief executive is not liable to pay compensation for action under this subdivision in relation to land if action is taken to acquire the land.

(4)Also, the chief executive is not liable to pay compensation for the effect of a decision under section 62(1) made on an application by a person with an interest in the land in any of the following circumstances—

(a)if—

(i)there is a proposed, ongoing or completed development of the land that involves a material change of use of premises or reconfiguring a lot; and

(ii)the development was taken into account in making the decision, and the decision has the effect mentioned in section 73(1)(a);

(b)if—

(i)there is a proposed, ongoing or completed development of the land that—

(A)involves a material change of use of premises or reconfiguring a lot; or

(B)has had or is likely to have a significant impact on traffic safety or efficiency on the State-controlled road to which the decision relates; and

(ii)the development was taken into account in making the decision, and the decision has the effect mentioned in section 73(1)(b);

government supported transport infrastructure means transport infrastructure that—

(a)is funded, wholly or partly, by appropriations from the consolidated fund; or

(b)is funded, wholly or partly, by borrowings made by the Government (other than commercial borrowings made by the Queensland Treasury Corporation acting as an agent); or

(c)is funded, wholly or partly, by borrowings guaranteed by the Government other than borrowings for commercial investments; or

(d)is provided by a person on the basis of conditions agreed to by the Government that are intended to support the commercial viability of the infrastructure.

high-water mark, for chapter 8, part 3C, see section 283I.

hospital, for schedule 5B, see schedule 5B, part 1.

IDAS ...

IDAS process ...

image processing fee—

(a)for chapter 6, part 7—see section 93(8)(a); or

(b)for chapter 6, part 8—see section 105ZB(8)(a).

impact assessment, for chapter 8, part 3C, see section 283I.

imposed condition ...

in a rail vehicle includes on the vehicle.

incident means an incident that has caused or could have caused—

(a)property damage; or

(b)injury to an individual, including death.

individual ...

information holder—

(a)for chapter 6, part 7, division 3, see section 100(1)(b); or

(b)for chapter 6, part 8, division 6, subdivision 3, see section 105ZJ(1)(b).

information notice, for a decision the subject of a written notice given to a person, means a written notice stating that the person may—

(a)under section 485—ask for the decision to be reviewed by the chief executive; and

(b)under the Transport Planning and Coordination Act 1994, part 5, division 2—apply for the decision to be stayed; and

(c)either—

(i)if section 485A applies in relation to the reviewed decision—

(A)under that section—ask for the reviewed decision to be reviewed by QCAT; and

(B)under the QCAT Act—apply for the reviewed decision to be stayed; or

(ii)if section 485B applies in relation to the reviewed decision, under the Transport Planning and Coordination Act 1994, part 5, division 3—

(A)appeal against the reviewed decision to the court stated in schedule 3 for the decision; and

(B)apply for the reviewed decision to be stayed.

inquiry ...

insufficient value property, for chapter 8, part 4B, see section 289H.

interference ...

interfere with, a railway ...

interfere with, light rail transport infrastructure, for chapter 10, part 4, division 2, see section 361A.

interim minor amendment ...

interim period, for chapter 20, see section 562.

intersecting area, for chapter 12, see section 415.

investigation ...

investigator means—

(a)other than for chapter 11—a person who holds an authority; or

(b)for chapter 11—a person who holds an investigator’s authority under that chapter.

investigator’s authority, for chapter 11, see section 402.

land—

(a)for chapter 6, part 5, division 2, subdivision 2, for land adjacent to a State-controlled road, see section 53; or

(b)for chapter 6, and for chapters 9 to 12, includes—

(i)an interest in land; and

(ii)land within the beds and banks of a watercourse or inundated land; and

(iii)land beneath the internal waters of Queensland; or

(c)for chapter 7 includes—

(i)a reserve within the meaning of the Land Act 1994 or a road; and

(ii)land within the beds or banks of a watercourse or inundated land; or

(d)for chapter 7, part 7 and for chapters 9 to 12, includes the airspace above, and the land below, the surface; or

(e)for chapter 8, see section 267.

Land Act, for chapter 8, see section 267.

land use and development, for chapter 8, part 3C, see section 283I.

lease, for chapters 8 and 20, see section 267.

leasehold land register means the leasehold land register kept under the Land Act 1994, section 276(a).

lease reference number, for a lease mentioned in section 84C(4) or 105J(4), means the number for the lease recorded by the registrar of titles in the leasehold land register.

LGIP, of a local government, for chapter 8, part 3C, see section 283I.

licensee, for chapter 12, see section 415.

light rail means—

(a)a route wholly or partly dedicated to the priority movement of light rail vehicles for passenger transport purposes, whether or not the route was designed and constructed for those purposes as well as other purposes; and

(b)places for the taking on and letting off of light rail vehicle passengers using the route.

light rail authority, for chapter 10, part 4, division 3, see section 364.

light rail franchise agreement see section 377B.

light rail interface ...

light rail interface agreement ...

light rail interface issue ...

light rail interface management area ...

light rail land—

1

Light rail land means land declared to be light rail land under chapter 10.

2Additionally, the following apply—

(a)for chapter 10, part 4, division 3, see section 364;

(c)for chapter 10, part 4, division 5, see section 378.

light rail manager, for a light rail, means a person who is an accredited rail infrastructure manager in relation to railway operations, under the Rail Safety Law, for the light rail.

light rail operator ...

light rail operator, for a light rail, means a person who is accredited, as a rail transport operator in relation to railway operations for light rail, under the Rail Safety Law.

light rail transport infrastructure means each of the following—

(a)the rails on which light rail vehicles run for a light rail and pavement incorporating the rails;

(b)the stations for operating a light rail;

(c)other facilities necessary for managing or operating a light rail, including, for example—

(i)works built for the light rail, including the following—

•cuttings

•drainage works

•excavations

•land fill

•track support earthworks; and

(ii)light rail vehicles that operate on a light rail; and

(iii)the following things if they are associated with the light rail’s operation—

•access or service lanes

•bridges, including bridges over water

•communication systems

•light rail operation control facilities

•machinery and other equipment

•maintenance depots

•marshalling yards

•monitoring and security systems

•noise barriers

•notice boards, notice markers and signs

•office buildings

•overhead wiring

•over-track structures

•passenger interchange facilities between light rail and other modes of transport

•platforms

•positioning systems

•power and communication cables

•power supply substations and equipment

•signalling facilities and equipment

•survey stations, pegs and marks

•ticketing equipment and systems

•timetabling systems

•tunnels

•under-track structures

•workshops;

(d)vehicle parking and set down facilities for intending passengers for a light rail;

(e)pedestrian facilities, including paving of footpaths, for a light rail;

(f)other facilities, or commercial or retail outlets or works, for the convenience of passengers and others who may use a light rail, including, for example, automatic teller machines, lockers or showers for cyclists and others, newsagents and wheelchair hire or exchange centres;

(g)landscaping or associated works for a light rail.

light rail transport infrastructure works means works done for—

(a)constructing light rail transport infrastructure or things associated with light rail transport infrastructure; or

(b)the maintenance of light rail transport infrastructure or of things associated with light rail transport infrastructure; or

(c)facilitating the operation of light rail transport infrastructure or things associated with light rail transport infrastructure; or

(d)establishing, constructing or maintaining transport infrastructure, other than light rail transport infrastructure, if the works are—

(i)directly related to an activity mentioned in paragraph (a), (b) or (c); and

(ii)necessary for the safety, efficiency and operational integrity of transport infrastructure; or

(e)other works declared under a regulation to be light rail transport infrastructure works.

light rail vehicle means a type of transport that—

(a)is intended wholly or mainly for the carriage of passengers or for track maintenance; and

(b)travels on flanged wheels on parallel rails; and

(c)is designed to operate in line of sight on road-like areas.

loading, in relation to loading a rail vehicle with dangerous goods, includes the following—

(a)loading 1 or more packages of the goods in or on the rail vehicle;

(b)placing or securing 1 or more packages of the goods on the rail vehicle;

(c)supervising an activity mentioned in paragraph (a) or (b);

(d)managing or controlling an activity mentioned in paragraph (a), (b) or (c);

but does not include loading goods into packaging already on the rail vehicle or placing or securing packages in or on further packaging already on the vehicle.

local government franchised road, for chapter 6, part 8, see section 105B.

local government franchisee, for chapter 6, part 8, see section 105B.

local government road ...

local government road means a road that is under the control of a local government.

local government tollway, for chapter 6, part 8, see section 105B.

local government tollway corridor land see section 105B.

local government tollway franchise agreement, for chapter 6, part 8, see section 105B.

local government tollway infrastructure, for chapter 6, part 8, see section 105B.

local government tollway infrastructure works, for chapter 6, part 8, see section 105B.

local government tollway operator, for chapter 6, part 8, see section 105B.

maintain includes repair.

maintenance ...

maintenance, for chapters 6, 7 and 12, includes—

(a)rehabilitation; and

(b)replacement; and

(c)repair; and

(d)recurrent servicing; and

(e)preventive and remedial action; and

(f)removal; and

(g)alteration; and

(h)maintaining systems and services for transport infrastructure.

material change of use see the Planning Act, schedule 2.

matter, for chapter 6, part 8, see section 105B.

medical centre, for schedule 5B, see schedule 5B, part 1.

MEDQ means MEDQ under the Economic Development Act 2012.

member of POBC Group means the Port of Brisbane Corporation or a subsidiary of the Port of Brisbane Corporation.

member of QR Group, for chapter 19, see section 559.

Minister, for chapter 8, part 3C, division 6, see section 283ZZL.

minor amendment (LUP), for chapter 8, part 3C, see section 283I.

miscellaneous transport infrastructure see section 416.

miscellaneous transport infrastructure works means—

(a)works done for—

(i)constructing miscellaneous transport infrastructure or things associated with miscellaneous transport infrastructure; or

(ii)the maintenance of miscellaneous transport infrastructure or of things associated with miscellaneous transport infrastructure; or

(iii)facilitating the operation of miscellaneous transport infrastructure or things associated with miscellaneous transport infrastructure; or

(b)works declared under a regulation to be miscellaneous transport infrastructure works.

motorway ...

motorway means a State-controlled road that is declared to be a motorway under section 27.

nature based recreation facility, for schedule 5B, see schedule 5B, part 1.

network company, for chapter 13, see section 438.

new rail corridor land means land that is subleased to a railway manager under section 240.

non-rail corridor land means land leased to the State in perpetuity that was—

(a)old QR land declared to be non-rail corridor land; or

(b)rail corridor land for which the sublease previously granted to a railway manager has—

(i)expired; or

(ii)been surrendered or terminated.

notice means a notice, sign or pictograph of any type of material and whether fixed or moveable.

occupier, of a place that is a watercraft, for chapter 15, part 2, division 3, see section 475H.

occupier, of land, for chapters 6, 7, 9, 10, 11 and 12, means—

(a)the person in actual occupation of the land; or

(b)if there is no person in actual occupation—the person entitled to possession of the land;

and, for a watercourse or reserve, includes the person responsible for the care and management of the watercourse or reserve.

office, for schedule 5B, see schedule 5B, part 1.

old QR land means land (other than an easement in land) that, immediately before the commencement of the Transport Infrastructure Amendment (Rail) Act 1995, section 4—

(a)was held by the previous rail corporation in fee simple; or

(b)could be granted in fee simple to the previous rail corporation under the Transport Infrastructure (Railways) Act 1991, section 49(2).

on a railway, road or other land includes over or under the land.

online nomination facility—

(a)for chapter 6, part 7, division 3—see section 97; or

(b)for chapter 6, part 8, division 6, subdivision 3—see section 105ZF.

operational licence, for chapter 12, see section 415.

operational work see the Planning Act, schedule 2.

original local government tollway corridor land, for chapter 6, part 8, division 3, see section 105H(10).

original State toll road corridor land, for chapter 6, part 6, division 2, see section 84A(6A).

other rail infrastructure means—

(a)freight centres or depots; or

(b)maintenance depots; or

(c)office buildings or housing; or

(d)rolling stock or other vehicles that operate on a railway; or

(e)workshops; or

(f)any railway track, works or other thing that is part of anything mentioned in paragraphs (a) to (e).

overhead wiring means an overhead electrical power supply system and associated support structures and safety signs.

Example of overhead electrical power supply system—

a catenary

owner, of land, includes—

(a)the lessee or licensee from the State of the land; or

(b)the person who has lawful control of the land, on trust or otherwise; or

(c)the person who is entitled to receive the rents and profits of the land.

pack, in relation to dangerous goods, includes the following—

(a)put goods in packaging, even if that packaging is already on a rail vehicle;

Example for paragraph (a)—

A person who uses a hose to fill the tank of a tank rail vehicle with petrol packs the petrol for transport.

(b)enclose or otherwise contain more than 1 package, even if that packaging is already on a rail vehicle;

(c)supervise an activity mentioned in paragraph (a) or (b);

(d)manage or control an activity mentioned in paragraph (a), (b) or (c).

package, in relation to dangerous goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging.

packaging, in relation to dangerous goods—

(a)means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported; and

(b)includes anything prescribed under a dangerous goods regulation to be packaging.

Notes—

1It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods, including, for example, dangerous goods, are directly placed.

2The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.

park, for schedule 5B, see schedule 5B, part 1.

participating dangerous goods jurisdiction means a State that has a corresponding law to chapter 14 unless a regulation provides that the State is not a participating dangerous goods jurisdiction.

penalty notice see section 266E(4).

permitted road access location, for chapter 6, part 5, division 2, subdivision 2, see section 53.

personal watercraft means a power driven ship that is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.

placard means a label or emergency information panel that is required under a dangerous goods regulation to be used in transporting dangerous goods by rail.

place, for chapter 15, part 2, division 3, see section 475H.

plan commencement day, for chapter 8, part 3C, see section 283I.

planned transport infrastructure, for chapter 8, part 3C, see section 283I.

Planning Act means the Planning Act 2016.

planning application see section 62A(1).

planning chief executive means the chief executive of the department in which the Planning Act is administered.

planning Minister, for chapter 8, part 3C, see section 283I.

planning scheme means a planning scheme under the Planning Act.

plant includes any of the following—

(a)a conduit or cable;

(b)an electrical installation under the Electricity Act 1994;

(c)an overhead conveyor;

(d)a pipeline;

(e)a pole;

(f)a railway, monorail or tramway;

(g)a telecommunications plant;

(h)a viaduct or aqueduct;

(i)a water channel.

port—

(a)of a port authority, means a port for which the authority is responsible; or

(b)of the port lessor, means the port for which the port lessor is declared to be the port lessor; or

(c)of a port lessee, means the port for which the port lessee is declared to be a port lessee; or

(c)of a port manager, means a port for which the port lessor that appointed, or approved the appointment of, the port manager, is declared to be the port lessor.

port agreement, for chapter 8, see section 267.

port area, for chapters 8 and 20, see section 267AA.

port authority—

(a)means a port authority established under section 268 or a body declared to be a port authority under a regulation under section 274A; but

(b)does not include a port authority that has been abolished under section 270 or for which the declaration has been revoked under a regulation under section 274A.

port entity, for chapters 8 and 20, see section 267.

port facilities, for chapter 8, see section 267.

port infrastructure includes transport infrastructure relating to ports.

port land, for chapter 8, part 3C, division 6, see section 283ZZL.

port lease, for chapter 8, part 3C, division 6, see section 283ZZL.

port lessee see section 267.

port lessor see section 267.

port manager see section 267.

port notice, for chapter 8, see section 282(1).

Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.

port operator, for chapters 8 and 20, see section 267.

port prohibited development see section 283I.

port related development see section 283I.

port services, for chapter 8, see section 267.

port terminal facility, for schedule 5B, see schedule 5B, part 1.

port user, for chapter 8, see section 267.

precinct, for chapter 8, part 3C, see section 283I.

premises, for chapter 8, part 3C and schedule 5B, see section 283I.

prescribed exempt transport, for chapter 14, see section 441A.

prescribed time—

(a)for chapter 6, part 7—see section 92; or

(b)for chapter 6, part 8—see section 105B.

prevent, in relation to the transport of dangerous goods, includes avert, eliminate, minimise, remove and stop.

previous, for chapter 18, part 3, see section 521.

previous rail corporation means Queensland Railways.

priority infrastructure interface plan, for chapter 8, part 3C, see section 283I.

priority infrastructure plan ...

prohibited shareholding interest, for chapter 13, see section 438.

properly made submission, for chapter 8, part 3C, see section 283I.

proposed action ...

proposed penalty notice see section 266C(2).

public marine facility means public marine transport infrastructure, including—

(a)land or waters associated with the infrastructure that are affected by its use; and

(b)land or waters specified for the infrastructure under a regulation made with the objective of clarifying what are the land or waters associated with the infrastructure that are affected by its use.

Example—

•an area of land and waters, specified under a regulation, that constitutes a boat harbour

•breakwaters, jetties, landings, mooring piles, pontoons, carparks and land or waters affected by the use of the infrastructure

public marine transport infrastructure means State-owned or State-controlled transport infrastructure relating to Queensland waters, other than port or miscellaneous transport infrastructure.

public marine transport infrastructure works, for chapter 15A, see section 475ZG.

public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

public place ...

public thoroughfare easement means a public thoroughfare easement under either of the following provisions, if the easement is in favour of the State—

(a)the Land Act 1994, chapter 6, part 4, division 8;

(b)the Land Title Act 1994, part 6, division 4.

public utility plant means plant permitted under another Act or a Commonwealth Act to be on a road.

public utility provider means an entity that owns public utility plant.

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

QR Limited means QR Limited ACN 124649967.

QR National, for chapter 13, see section 438.

QR National company, for chapter 13, see section 438.

QR Network Pty Ltd means QR Network Pty Ltd ACN 132181116.

quarry material see the Water Act 2000, schedule 4.

Queensland Competition Authority ...

rail, for chapter 14, includes cableway.

rail corridor land means existing rail corridor land or new rail corridor land.

rail GOC ...

rail government entity—

1A rail government entity is a government entity under the Public Sector Act 2022, section 276(1)(b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries—

(a)managing a railway;

(b)operating rolling stock on a railway.

2If a rail government entity has 1 or more subsidiaries, a reference in an Act to a rail government entity includes a reference to each of its subsidiaries.

Rail Safety Act ...

Rail Safety Law means the Rail Safety National Law (Queensland).

rail safety officer ...

rail transport infrastructure means facilities necessary for operating a railway, including—

(a)railway track and works built for the railway, including, for example—

•cuttings

•drainage works

•excavations

•land fill

•track support earthworks; and

(b)any of the following things that are associated with the railway’s operation—

•bridges

•communication systems

•machinery and other equipment

•marshalling yards

•notice boards, notice markers and signs

•overhead electrical power supply systems

•over-track structures

•platforms

•power and communication cables

•service roads

•signalling facilities and equipment

•stations

•survey stations, pegs and marks

•train operation control facilities

•tunnels

•under-track structures; and

(c)vehicle parking and set down facilities for intending passengers for a railway that are controlled or owned by a railway manager or the chief executive; and

(d)pedestrian facilities, including footpath paving, for the railway that are controlled or owned by a railway manager or the chief executive;

but does not include other rail infrastructure.

rail vehicle, for chapter 14, includes rolling stock and a cableway car.

railway means a guided system, or proposed guided system, designed for the movement of rolling stock that is capable of transporting passengers or freight, or both, on a railway track and—

(a)includes—

(i)rail transport infrastructure; and

(ii)a railway being or proposed to be built on future railway land; but

(b)does not include—

(i)rolling stock; and

(ii)a railway mentioned in section 107(2).

railway crossing ...

railway crossing means a level crossing, bridge or another structure used to cross over or under a railway.

railway manager means—

(a)for a railway—the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway; or

(b)for rail corridor land—the person who is an accredited rail infrastructure manager in relation to railway operations relating to the railway or proposed railway on or proposed to be on the rail corridor land.

railway offence ...

railway operator—

(a)means a person who operates rolling stock on a railway; but

(b)does not include the Authority.

railway provision ...

railway workplace ...

railway works means—

(a)works for constructing, maintaining, altering or operating a railway or rolling stock; or

(b)works for establishing, constructing or maintaining transport infrastructure, other than rail transport infrastructure, that are—

(i)directly related to paragraph (a); and

(ii)necessary for the safety, efficiency and operational integrity of transport infrastructure; or

(c)other works declared under a regulation to be railway works.

reasonably means on grounds that are reasonable in all the circumstances.

reconfiguring a lot see the Planning Act, schedule 2.

rectification notice, for chapter 11, see section 411.

referral agency, for a development application or change application, means a referral agency for the application under the Planning Act.

referral agency’s response see the Planning Act, section 56(4).

registered interest—

(a)for chapter 7, part 7—see section 239AH; or

(b)for chapter 8, part 3C—see section 283I.

registered operator, of a vehicle that has passed through a toll plaza, means a person who, when the vehicle passed through the toll plaza, was the person in whose name the vehicle was registered under a registration Act.

registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.

registration Act means—

(a)the Transport Operations (Road Use Management) Act 1995 or another Act, prescribed under a regulation, dealing with the registration of vehicles; or

(b)a law of the Commonwealth or another State dealing generally with the registration of vehicles.

regulation condition ...

related body corporate has the meaning given in the Corporations Act.

relevant busway legislation ...

relevant emergency service officer means an officer of any of the following—

(a)the Queensland Ambulance Service;

(b)the Queensland Fire and Rescue Service;

(c)the Queensland Police Service;

(d)the State Emergency Service;

(e)a service of another State, corresponding to a service mentioned in paragraphs (a) to (d), if there is a dangerous goods authority for the State;

(f)a unit of the Australian Defence Force corresponding to a service mentioned in paragraphs (a) to (d).

relevant entity, for chapters 8 and 20, see section 267.

relevant interest, for chapter 13, see section 438.

relevant notice, for chapter 6, part 8, see section 105B.

relevant person—

(a)for chapter 7, part 2, see section 109; or

(b)for chapter 13, see section 438.

relevant person, for chapter 7, part 6, ...

relevant person, for chapter 13, ...

repealed regulation, for chapter 18, part 5, see section 532.

representation period ...

required land, for chapter 12, see section 415.

requirement, of a port notice, for chapter 8, see section 267.

residential development, for schedule 5B, see schedule 5B, part 1.

responsible entity—

(a)for a change application—means the responsible entity for the application under the Planning Act; or

(b)for chapter 12—see section 415.

responsible entity, for chapter 12, ...

restricted information ...

reviewed decision ...

revocation notice, for chapter 6, part 8, see section 105B.

road—

(a)for chapter 9, part 3, has the meaning given in section 301; and

(b)for chapter 10, part 3, has the meaning given in section 352; and

(c)does not include an area or thing that is busway land, busway transport infrastructure, light rail land or light rail transport infrastructure; and

(ca)does not include a public thoroughfare easement; and

(d)subject to paragraphs (a) to (c), means—

(i)an area of land dedicated to public use as a road; or

(ii)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(iii)a bridge, culvert, ferry, ford, tunnel or viaduct; or

(iv)a pedestrian or bicycle path; or

(v)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in subparagraphs (i) to (iv).

road access location, for chapter 6, part 5, division 2, subdivision 2, see section 53.

road access works means—

(a)a physical means of entry or exit for traffic between land and a road; or

Example—

a driveway

(b)road works providing entry or exit for traffic between works mentioned in paragraph (a) and the part of the road formed or prepared for use by general traffic.

Example—

an acceleration or deceleration lane, or a laneway, lane or track, connecting a driveway of a property adjacent to a road to a lane on the road designed to carry through traffic

road franchise agreement, for chapter 6, see section 85.

road transport infrastructure includes transport infrastructure relating to roads.

road works, for chapters 6 and 15A, means—

(a)works done for—

(i)establishing or constructing roads or things associated with roads; or

(ii)maintaining roads or things associated with roads (other than public utility plant); or

(iii)facilitating the operation or safety of road transport infrastructure; or

(iv)establishing, constructing or maintaining transport infrastructure, other than road transport infrastructure, if the works are—

(A)directly related to an activity mentioned in subparagraph (i), (ii) and (iii); and

(B)necessary for the safety, efficiency, operation or structural integrity of transport infrastructure; or

(b)road access works; or

(c)works declared under a regulation to be road works.

rolling stock means a vehicle, including, for example, a train, that operates on a railway and is used, or is proposed to be used, for either of the following purposes—

(a)transporting passengers or freight on a railway track; or

(b)maintenance work, or other work associated with, a railway.

safety direction ...

schedule 5 step-in notice, for chapter 6, part 8, see section 105B.

schedule 5A step-in notice, for chapter 6, part 8, see section 105B.

seafarers’ centre, for schedule 5B, see schedule 5B, part 1.

serious incident ...

service provider, for chapter 8, part 3C, see section 283I.

services contract, for land, means a contract merely for the provision of services on, to, or in relation to, the land, but does not include a contract for the provision of services under which a person has a right to reside on any part of the land.

Example of a services contract—

a contract for the provision of a mowing service

service station, for schedule 5B, see schedule 5B, part 1.

ship, for chapter 8, see section 267.

shop (minor), for schedule 5B, see schedule 5B, part 1.

shopping facility (major), for schedule 5B, see schedule 5B, part 1.

show cause notice ...

show cause period ...

signed notice means a written notice signed by the person giving the notice.

sport and recreation (major), for schedule 5B, see schedule 5B, part 1.

State controlled road ...

State-controlled road means a road or land, or part of a road or land, declared under section 24 to be a State-controlled road, and, for chapter 6, part 5, division 2, subdivision 2, see section 53.

State government body, for chapter 6, means—

(a)a department or a division, branch or other part of a department; or

(b)a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or

(c)a GOC;

but does not include a local government.

State interest, for chapter 8, part 3C, see section 283I.

State land means any of the following—

(a)unallocated State land;

(b)a road, including a State-controlled road and local government road;

(c)trust land under the Land Act 1994;

(d)lease land under the Land Act 1994;

(e)a watercourse crossing;

(f)land otherwise held by or vested in the State.

statement of corporate intent, for chapter 8, see section 267.

statement of proposal—

(a)for chapter 8, part 3C, see section 283I; or

(b)for chapter 8, part 4, see section 285A.

State planning instrument, for chapter 8, part 3C, see section 283I.

State toll road corridor land means land declared to be State toll road corridor land under section 84A.

strategic plan, for chapter 8, part 3C, see section 283I.

strategic port land, for chapter 8, see section 267.

sublease, for chapters 8 and 20, see section 267.

subsidiary, of a body corporate, has the meaning given in the Corporations Act.

subsidiary, of a rail government entity, means a body corporate that would be a subsidiary of the rail government entity under the Corporations Act, part 1.2, division 6 if the entity were a body corporate.

sugar tramway ...

suspend ...

suspension notice, for chapter 6, part 8, see section 105B.

table of assessment, for chapter 8, part 3C, see section 283I.

tenure, over boat harbour land, means a lease, licence, permit or other authority conferring a right of possession or occupation for the land.

toll plaza, for chapter 5, ...

toll plaza means a part of a toll road or local government tollway where facilities are constructed for either or both of the following—

(a)the collection of tolls from the drivers of vehicles using the toll road or local government tollway;

(b)the operation of an E toll system for vehicles using the toll road or local government tollway.

toll road, for chapter 6, part 7, see section 92.

toll road operator, for chapter 6, part 7, see section 92.

tollway project, for chapter 6, part 8, see section 105B.

tourist attraction (major), for schedule 5B, see schedule 5B, part 1.

trade lease see section 267.

traffic includes the passing back and forth of persons, vehicles and animals.

train means a conveyance or group of connected conveyances that travels on a rail or rails of a railway or sugar tramway.

train controller, for rolling stock, means an individual who is in control of train control signalling and communication for the section of track on which the rolling stock is moving or stationary.

train path obligations see section 266B(1).

transition period, for chapter 20, see section 562.

transport dangerous goods ...

transport, in relation to dangerous goods, includes each of the following—

(a)the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for their transport by rail;

(b)the marking or labelling of packages containing dangerous goods for their transport by rail;

(c)the placarding of packaging and vehicles in which dangerous goods are transported, or are to be transported, by rail;

(d)other matters incidental to their transport, or in preparation for their transport, by rail.

transport and equipment depot, for schedule 5B, see schedule 5B, part 1.

transport associated development, for chapter 15A, see section 475ZG.

transport documentation means each of the following—

(a)for a rail vehicle—

(i)each contractual document directly or indirectly associated with—

(A)a transaction for the actual or proposed transport by rail of goods or any previous transport of the goods by any transport method; or

(B)goods, to the extent the document is relevant to the transaction for their actual or proposed transport by rail; or

(ii)each document—

(A)contemplated in a contractual document mentioned in subparagraph (i); or

(B)required by law, or customarily given, in connection with a contractual document or transaction mentioned in subparagraph (i);

Examples—

•a bill of lading

•a consignment note

•a container weight declaration

•a contract of carriage

•a delivery order

•an export receival advice

•an invoice

•a load manifest

•a sea carriage document

•a vendor declaration

•train wire

•sequential consist

•loading form

(b)for the transport of dangerous goods—documentation required to be kept under a dangerous goods regulation.

transport infrastructure includes—

(a)air, busway, light rail, miscellaneous, public marine, rail or road transport infrastructure; and

(b)transport infrastructure relating to ports; and

(c)other rail infrastructure; and

(d)active transport infrastructure.

transport infrastructure works, for chapter 15A, see section 475ZG.

transport interface, for chapter 15A, see section 475ZG.

transport interface agreement, for chapter 15A, see section 475ZG.

transport interface issue, for chapter 15A, see section 475ZG.

transport interface management area, for chapter 15A, see section 475ZG.

transport interface object, for chapter 15A, see section 475ZG.

transport Minister, for chapter 8, part 3C, see section 283I.

transport purpose includes any purpose for which the Minister is responsible.

transport reasons, for chapter 8, part 3C, see section 283I.

Treasurer means the Minister who administers the Financial Accountability Act 2009.

unregistered right, for chapter 7, part 7, see section 239AH.

Urban Land Development Authority ...

user administration charge—

(a)for chapter 6, part 7—see section 92; or

(b)for chapter 6, part 8—see section 105B.

valid account, for an E toll system operating for a toll road or local government tollway, means an account that—

(a)has been established by a person for using the E toll system; and

(b)is, under the arrangements under which the account was established, available to be operated for using the toll road or local government tollway.

valuable features includes each of the following, whether terrestrial or aquatic—

(a)resources or areas of ecological significance, including, for example, habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil;

(b)areas contributing significantly to amenity, including, for example, areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments;

(c)areas or places of cultural heritage significance, including, for example, areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations;

(d)resources or areas of economic value, including, for example, extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land.

vehicle, see the Transport Operations (Road Use Management) Act 1995.

vessel, for chapter 8, see section 267.

visitor centre, for schedule 5B, see schedule 5B, part 1.

warehouse (general), for schedule 5B, see schedule 5B, part 1.

watercourse—

(a)for chapter 15A, see section 475ZG; or

(b)otherwise—includes a lake, spring, stream or swale.

watercourse crossing see section 477F.

watercraft includes any thing that is water traffic or a device, for example, a sailboard, used for the movement of persons who are on or in water.

Water Supply Act, for chapter 8, part 4D, see section 289R.

water traffic includes a hovercraft and a vehicle, person, aircraft or other craft on or in water.

waterway management regulation see section 471.

waterway transport management plan ...

wild river area ...

wilfully means deliberately or recklessly.

wind farm, for schedule 5B, see schedule 5B, part 1.

works includes activities.

Attachment [Repealed](Repealed)