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TRANSPORT AND OTHER LEGISLATION AMENDMENT BILL (NO. 2) 2010

          Queensland



Transport and Other
Legislation Amendment Bill
(No. 2) 2010

 


 

 

Queensland Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents Page Chapter 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Chapter 2 Amendments relating to rail and Port of Brisbane Part 1 Amendment of Anti-Discrimination Act 1991 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4 Amendment of s 106A (Compulsory retirement age under legislation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 2 Amendment of Coastal Protection and Management Act 1995 5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 Amendment of s 8 (Meaning of artificial waterway) . . . . . . . . . . . 24 7 Amendment of s 32 (Public notice inviting submissions on draft State plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 8 Amendment of s 36 (Content of regional plans). . . . . . . . . . . . . . 24 9 Amendment of s 37 (Public notice of proposal to prepare draft regional plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 Amendment of s 39 (Public notice inviting submissions on draft regional plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 Amendment of s 43 (Public notice of proposal to review coastal plan) ......................................... 25 12 Amendment of s 45 (Public notice inviting submissions on new draft coastal plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 13 Amendment of s 48 (Implementation of coastal plans) . . . . . . . . 26 14 Amendment of s 57 (Notice declaring, changing or abolishing coastal management district) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 15 Amendment of s 75 (Criteria for deciding applications) . . . . . . . . 26 16 Amendment of s 89 (What is a dredge management plan) . . . . . 26

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 26 Part 3 Amendment of Coastal Protection and Management Regulation 2003 18 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Amendment of s 9 (Royalty not payable for particular transport-related matters). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 20 Amendment of s 15 (Work that is not prescribed tidal work) . . . . 27 21 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 4 Amendment of Criminal Code 22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 23 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 24 Insertion of new pt 9, ch 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Chapter 87 Transitional provision for members of QR Group 724 Employees of members of QR Group taken to be persons employed in public service during interim period ............................... 29 Part 5 Amendment of Electrical Safety Act 2002 25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 6 Amendment of Electrical Safety Regulation 2002 27 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28 Amendment of s 165 (Prescribed electricity entities) . . . . . . . . . . 30 Part 7 Amendment of Electricity Act 1994 29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 30 Amendment of s 20Q (Exemptions for QR Limited and QR Network Pty Ltd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 8 Amendment of Environmental Protection Regulation 2008 31 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 32 Insertion of new ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Chapter 10 Transitional provisions for members of QR Group 160 Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 34 161 Application of s 106 to member of QR Group during interim period . . . . . . . . . . . . . . . . . . . . . . . . . 34 162 Application of s 106 to member of QR Group after change of ownership . . . . . . . . . . . . . . . . . . . . . . . . . 34 33 Amendment of sch 2 (Chapter 4 activities and aggregate environmental scores) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Page 2

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 34 Amendment of sch 12 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 36 Part 9 Amendment of Explosives Regulation 2003 35 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 Amendment of s 60 (Requirements for ports handling explosives) .................................... 36 37 Amendment of s 61 (Port authority to prepare explosives limits document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 Amendment of s 62 (How chief inspector must deal with explosives limits document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 39 Amendment of s 63 (Changing approved explosives limits). . . . . 37 40 Amendment of s 64 (Chief inspector may impose interim explosives limits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 41 Amendment sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 10 Amendment of Judicial Review Act 1991 42 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 43 Insertion of new s 18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 18C Application of Act to State and relevant entity under Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . 38 44 Amendment of sch 6 (Application of Act to GOCs) . . . . . . . . . . . 39 Part 11 Amendment of Land Act 1994 45 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 46 Amendment of s 12 (Inundated land) . . . . . . . . . . . . . . . . . . . . . . 39 47 Amendment of s 504 (Changing tenures of port lands) . . . . . . . . 39 48 Amendment sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Part 12 Amendment of Mineral Resources Act 1989 49 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 50 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 41 Part 13 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 51 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 52 Amendment of s 40 (Particular government officers or employees) .................................... 42 53 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 40A Exemptions for railway managers. . . . . . . . . . . . . . . . 42 54 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43 Part 14 Amendment of Right to Information Act 2009 55 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 56 Insertion of new ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Page 3

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents Chapter 8 Transitional provisions for members of QR Group 207 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 208 Application of Act to members of QR Group during interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 209 Certain provisions continue to apply until change of ownership despite their repeal . . . . . . . . . . . . . . . . . . 45 57 Amendment of sch 2 (Entities to which this Act does not apply) . 45 58 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 15 Amendment of South Bank Corporation Act 1989 59 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 60 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 46 61 Amendment of s 17 (Vesting of public lands other than roads) . . 46 62 Amendment of s 38 (Continuance of railway operations) . . . . . . . 47 Part 16 Amendment of Sustainable Planning Act 2009 63 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64 Amendment of s 347 (Conditions that can not be imposed) . . . . 47 65 Amendment of s 456 (Court may make declarations and orders) 48 Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail 66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 67 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 48 68 Amendment of s 20 (Transport GOCs). . . . . . . . . . . . . . . . . . . . . 48 69 Insertion of new s 244A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 244A Duplicated and replacement rail infrastructure on land ................................. 49 70 Omission of s 246 (Railway works on corridor land) . . . . . . . . . . 50 71 Replacement of s 248 (QR Limited and wholly owned subsidiaries not common carriers) . . . . . . . . . . . . . . . . . . . . . . . . 50 248 Rail GOC and wholly owned subsidiary not common carrier ....................... 50 72 Amendment of s 260 (Works for existing railways). . . . . . . . . . . . 50 73 Omission of s 260A (Transfer of obligations for existing railway to new railway manager). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 74 Replacement of ch 13 (Function of QR Limited) . . . . . . . . . . . . . 51 Chapter 13 Shareholding requirements and business location obligations for QR National Part 1 Interpretation 438 Definitions for ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Page 4

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents Part 2 Declaration of QR National 438A Treasurer to declare QR National by gazette notice. . 52 Part 3 Regulation of shareholding interests 438B Matters relating to relevant interests in shares. . . . . . 52 438C Prohibited shareholding interest. . . . . . . . . . . . . . . . . 53 438D Power to require information relating to entitlement to shares in QR National . . . . . . . . . . . . . . . . . . . . . . 53 438E Remedial orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 4 Business location obligations 438F Business location obligations . . . . . . . . . . . . . . . . . . . 55 75 Amendment of s 486 (Application of Judicial Review Act 1991). . 56 76 Omission of s 550 (Application of s 260A in relation to transfer of sublease 701720343) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 77 Insertion of new ch 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Chapter 19 Transitional provisions for members of QR Group 559 Definitions for ch 19 . . . . . . . . . . . . . . . . . . . . . . . . . . 56 560 Application of Judicial Review Act 1991 to member of QR Group during interim period . . . . . . . . . . . . . . . 57 561 Member of QR Group as common carrier . . . . . . . . . 57 78 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 57 Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane 79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 80 Amendment of s 267 (Definitions for chapter) . . . . . . . . . . . . . . . 58 81 Insertion of new s 267AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 267AA Meaning of port area . . . . . . . . . . . . . . . . . . . . . . . . . 61 82 Replacement of s 267A (Meaning of port facilities) . . . . . . . . . . . 61 267A Meaning of port facilities. . . . . . . . . . . . . . . . . . . . . . . 62 83 Amendment of s 274 (Regulation may define port limits etc.) . . . 63 84 Amendment of s 275 (Functions of port authorities) . . . . . . . . . . 64 85 Amendment of s 277 (Powers of port authorities subject to Marine Safety Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 86 Insertion of new ss 279A and 279B . . . . . . . . . . . . . . . . . . . . . . . 64 279A Relevant entity may impose charges . . . . . . . . . . . . . 65 279B Port agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 87 Amendment of s 281C (Payment of a charge and interest on an unpaid charge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Page 5

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 88 Amendment of s 281D (Liability for movement of ships, vehicles, goods or rolling stock) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 89 Amendment of s 281E (Liability for damage to port authority's port facilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 90 Amendment of s 281F (Security for payment of charges and potential liabilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 91 Amendment of s 282 (Port authority may control activities by port notice) .................................... 68 92 Insertion of new s 282AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 282AA Port lessor may give port notice requiring information 69 93 Amendment of s 282A (Port notice--movement or mooring of, or activities on or by, ships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 94 Amendment of s 282C (Port notice--movement, handling or storage of goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 95 Amendment of s 282D (Port notice--movement of persons) . . . . 70 96 Amendment of s 282E (Port notice--parking or stopping of vehicles) ...................................... 70 97 Amendment of s 282F (Port notice--movement, stopping or parking of rolling stock) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 98 Amendment of s 282G (Display or publication of port notices) . . 71 99 Amendment of s 282H (Port notice may refer to documents held by port authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 100 Amendment of s 282I (Port notices generally) . . . . . . . . . . . . . . . 72 101 Amendment of s 282K (Appointment and qualifications of authorised officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 102 Amendment of s 282L (Appointment conditions and limit on powers) ....................................... 72 103 Amendment of s 282M (Issue of identity card). . . . . . . . . . . . . . . 72 104 Amendment of s 282P (Return of identity card) . . . . . . . . . . . . . . 72 105 Amendment of s 282Q (Authorised officer may give directions). . 73 106 Amendment of s 282T (Moving contravening property) . . . . . . . . 73 107 Amendment of s 283 (Power to require name and address) . . . . 73 108 Amendment of s 283A (Inspection of documents) . . . . . . . . . . . . 74 109 Amendment of s 283B (Inspection of ships, vehicles, rolling stock and goods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 110 Amendment of s 283C (Obstructing authorised officer) . . . . . . . . 74 111 Amendment of s 283G (Conduct causing public nuisance) . . . . . 75 112 Amendment of s 283H (Interfering with port notices) . . . . . . . . . . 75 113 Insertion of new ch 8, pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Part 3C Land management--Port of Brisbane Page 6

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents Division 1 Preliminary 283I Definitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . 75 283J Treasurer may declare land to be Brisbane core port land or balance port land . . . . . . . . . . . . . . . . . . . . . . 81 283K What is Brisbane core port land . . . . . . . . . . . . . . . . . 81 283L What is balance port land. . . . . . . . . . . . . . . . . . . . . . 82 283M Application of Planning Act. . . . . . . . . . . . . . . . . . . . . 82 283N Brisbane core port land not subject to local planning instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 2 Particular provisions about balance port land and planning schemes 283O Balance port land is not strategic port land . . . . . . . . 83 283P Amendment of planning schemes . . . . . . . . . . . . . . . 83 Division 3 Plan for land use on Brisbane core port land Subdivision 1 First Brisbane port LUP 283Q Notice of first plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 283R Status of first plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Subdivision 2 Content and review of Brisbane port LUP 283S Content of plan--mandatory requirements . . . . . . . . 85 283T Content of plan--matters about development . . . . . . 87 283U Requirement to review plan . . . . . . . . . . . . . . . . . . . . 88 283V Action port operator must take after review . . . . . . . . 88 283W Report about review if decision is to take no action . . 89 283X When plan must include priority infrastructure interface plan ......................... 89 Subdivision 3 Preparation and amendment of Brisbane port LUP by port operator 283Y Statement of proposal for preparation or amendment of Brisbane port LUP . . . . . . . . . . . . . . . . . . . . . . . . . 89 283Z Brisbane port LUP may be amended to identify additional land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 283ZA Draft plan for preparation or amendment of Brisbane port LUP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 283ZB Consultation on statement of proposal or draft plan. . 91 283ZC Consideration of draft plan and submissions . . . . . . . 92 283ZD Directions for amendment of draft plan . . . . . . . . . . . 92 283ZE Approval of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 283ZF Port operator to publish approved plan. . . . . . . . . . . . 93 Page 7

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 283ZG Recovery of Ministers' costs. . . . . . . . . . . . . . . . . . . . 94 Subdivision 4 Miscellaneous 283ZH Notification about Brisbane port LUP . . . . . . . . . . . . . 94 283ZI Recording matters about Brisbane port LUP . . . . . . . 94 283ZJ Ministerial direction to port operator . . . . . . . . . . . . . . 94 Division 4 Effect of land becoming or ceasing to be Brisbane core port land 283ZK Effect of land becoming Brisbane core port land . . . . 95 283ZL Effect of land ceasing to be Brisbane core port land . 96 Division 5 Particular matters about development on Brisbane core port land Subdivision 1 Preliminary 283ZM Reconfiguring a lot . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 283ZN Port prohibited development. . . . . . . . . . . . . . . . . . . . 98 283ZO Code assessment under Brisbane port LUP . . . . . . . 98 Subdivision 2 Provisions about assessment manager and referral agencies 283ZP Planning chief executive is assessment manager for particular development .................. 99 283ZQ Referral agency, and jurisdiction, for particular development--Brisbane City Council . . . . . . . . . . . . . 100 283ZR Referral agency and jurisdiction for development inconsistent with Brisbane port LUP--Transport chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 283ZS Referral agency and jurisdiction for particular building work--chief executive . . . . . . . . . . . . . . . . . . 100 283ZT Referral agency, and jurisdiction, for material change of use and operational work under Brisbane port LUP--chief executive . . . . . . . . . . . . . . . . . . . . . 101 283ZU Referral agency, and jurisdiction, for material change of use under Brisbane port LUP--administering authority ............. 103 283ZV Assessment and referrals for heritage places . . . . . . 105 283ZW Referral agency, and jurisdiction, for material change of use and operational work under Brisbane port LUP--coastal protection . . . . . . . . . . . . . . . . . . . 105 283ZX Referral agency, and jurisdiction, for material change of use and operational work under Brisbane port LUP--other referral agencies . . . . . . . . . . . . . . . 106 283ZY Development on land below high-water mark and within the port limits . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Page 8

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 283ZZ Restriction on conditions of development approvals . 108 Subdivision 3 Application of particular provisions of Planning Act 283ZZA Particular provisions of Planning Act do not apply in relation to Brisbane core port land . . . . . . . . . . . . . . . 108 283ZZB Modified application of Planning Act, ch 9, pt 6, div 4 109 283ZZC Restriction on designation for community infrastructure ......................... 110 283ZZD Restriction on application of master plan . . . . . . . . . . 110 Subdivision 4 Notice of development approval 283ZZE Requirement to give notice of development approval and infrastructure agreement. . . . . . . . . . . . 111 Subdivision 5 Delegation 283ZZF Delegation of particular functions of planning chief executive ............................. 111 Subdivision 6 Development approvals affected by change 283ZZG Brisbane port LUP does not affect existing development approval . . . . . . . . . . . . . . . . . . . . . . . . 112 283ZZH Planning scheme can not affect existing development approval . . . . . . . . . . . . . . . . . . . . . . . . 113 283ZZI Changing status of land--effect on development approvals ............................ 113 Subdivision 7 Dealing with development applications affected by change 283ZZJ Particular development applications--Brisbane core port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 283ZZK Particular development applications--balance port land or former Brisbane core port land. . . . . . . . . . . . 116 Division 6 Dealings with Brisbane port land 283ZZL Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 283ZZM Grant of port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 283ZZN Leases and licences under Land Act . . . . . . . . . . . . . 119 283ZZO Amendment of area of subleases of port land . . . . . . 120 283ZZP Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 121 283ZZQ Application of Land Act and registration. . . . . . . . . . . 121 114 Amendment of ch 8, pt 4 hdg (Land management) . . . . . . . . . . . 121 115 Amendment of s 289H (Definitions for pt 4B) . . . . . . . . . . . . . . . . 121 116 Amendment of s 289I (Reasonable steps must be taken to find owner) ....................................... 122 117 Amendment of s 289J (A person may claim property) . . . . . . . . . 122 Page 9

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 118 Amendment of s 289K (If property not claimed). . . . . . . . . . . . . . 122 119 Amendment of s 289L (Sale of perishable property) . . . . . . . . . . 123 120 Amendment of s 289M (Proceeds from the sale of abandoned property) ...................................... 123 121 Amendment of s 289N (Abandoned property of no value) . . . . . . 123 122 Insertion of new ch 8, pts 4C-4E . . . . . . . . . . . . . . . . . . . . . . . . . 123 Part 4C Port of Brisbane--land tax and rates 289O Owner of land for land tax purposes . . . . . . . . . . . . . 123 289P Owner of land for rating purposes . . . . . . . . . . . . . . . 124 289Q When port lessor, port lessee or port manager is not liable to pay royalties or similar charges. . . . . . . . . . . 126 Part 4D Port of Brisbane--matters relating to Water Supply (Safety and Reliability) Act 2008 289R Definition for pt 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 289S Words have the same meaning as in the Water Supply Act ........................... 126 289T Port operator is service provider . . . . . . . . . . . . . . . . 127 289U Entry into service provider register. . . . . . . . . . . . . . . 127 289V Sewerage infrastructure for Port of Brisbane . . . . . . . 128 289W No affect on ownership. . . . . . . . . . . . . . . . . . . . . . . . 128 289X Port land trade waste approvals . . . . . . . . . . . . . . . . . 128 Part 4E Port of Brisbane--other matters 289Y Declaration of port lessor and port lessees . . . . . . . . 129 289Z Delegation by port lessor to port lessee or port manager ............................. 129 289ZA Appointment of port manager. . . . . . . . . . . . . . . . . . . 130 289ZB Liability for acts of authorised officers and others, and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . 130 289ZC Application of particular local laws to Brisbane core port land ............................. 131 289ZD Delayed application of new local laws to Brisbane core port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 289ZE Port lessor may substitute for port lessee . . . . . . . . . 132 123 Amendment of s 292 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . 132 124 Insertion of new ss 477C-477E . . . . . . . . . . . . . . . . . . . . . . . . . . 132 477C Concurrent subleases for declared projects . . . . . . . . 133 477D Rent under Land Act 1994 leases for declared projects .............................. 134 477E Licences under Land Act for declared projects . . . . . 135 Page 10

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 125 Insertion of new ch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Chapter 20 Transitional provisions for Port of Brisbane 562 Definitions for ch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . 136 563 Alteration of port area of Port of Brisbane during interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 564 References to port area of Port of Brisbane during interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 565 References to port entity during interim period . . . . . 137 566 References to relevant entity for charging during interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 567 References to port authority for charging during interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 568 Port notices of Port of Brisbane Corporation taken to be port notices of port lessor or delegate during transition period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 569 Application of ch 8, pt 4D during interim period . . . . . 138 570 When member of POBC Group not liable to pay royalties or similar charges. . . . . . . . . . . . . . . . . . . . . 138 571 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 572 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 573 Abandoned property. . . . . . . . . . . . . . . . . . . . . . . . . . 139 574 Proceeds from the sale of abandoned property . . . . . 140 575 Amendment of regulations . . . . . . . . . . . . . . . . . . . . . 140 126 Insertion of new sch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Schedule 5B Core port infrastructure, port related development and port prohibited development 127 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 146 Part 19 Amendment of Transport Infrastructure (Ports) Regulation 2005 128 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 129 Amendment of sch 2 (Port Management) . . . . . . . . . . . . . . . . . . 152 Part 20 Amendment of Transport Infrastructure (Rail) Regulation 2006 130 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 131 Amendment of s 38 (Commercial activities) . . . . . . . . . . . . . . . . . 153 Part 21 Amendment of Transport Operations (Marine Pollution) Act 1995 132 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 133 Amendment of s 17 (Development and approval of marine pollution prevention and response programs) . . . . . . . . . . . . . . . 153 Page 11

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 134 Amendment of s 66 (Reception facilities) . . . . . . . . . . . . . . . . . . . 154 135 Amendment of s 93 (State has prime responsibility for directing emergency response). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 136 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . 154 137 Amendment of s 113 (Detained ship must be released on giving security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 138 Amendment of s 115 (Recovery of discharge expenses). . . . . . . 155 139 Amendment of s 118 (Evidentiary provisions) . . . . . . . . . . . . . . . 155 140 Amendment of s 122 (How discharge expenses may be recovered) .................................... 156 141 Amendment of s 127 (Court may make orders about rehabilitation etc.) ............................... 156 142 Amendment schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 156 Part 22 Amendment of Transport Operations (Marine Pollution) Regulation 2008 143 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 144 Amendment of s 80 (Authorised officers) . . . . . . . . . . . . . . . . . . . 157 Part 23 Amendment of Transport Operations (Marine Safety) Act 1994 145 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 146 Amendment of s 25 (Development of marine safety implementation programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 147 Amendment schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 158 Part 24 Amendment of Transport Operations (Marine Safety) Regulation 2004 148 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 149 Amendment of s 140 (Reporting requirements for ship with dangerous cargo) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 150 Amendment of s 210 (Limitations on buoy mooring approvals) . . 159 Part 25 Amendment of Transport Operations (Passenger Transport) Act 1994 151 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 152 Amendment of s 111 (Appointment of authorised persons generally) ..................................... 159 Part 26 Amendment of Transport Operations (Passenger Transport) Regulation 2005 153 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 154 Amendment of s 144 (Operation of Brisbane Airport Rail Link) . . 160 Page 12

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents Part 27 Amendment of Transport Planning and Coordination Act 1994 155 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 156 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Part 28 Amendment of Transport (South Bank Corporation Area Land) Act 1999 157 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 158 Replacement of s 13 (Exemption from fees and charges) . . . . . . 162 13 Exemption from fees and charges . . . . . . . . . . . . . . . 162 Part 29 Amendment of Urban Land Development Authority Act 2007 159 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 160 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 14A Special provision for Northshore Hamilton urban development area. . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Part 30 Amendment of Workplace Health and Safety Regulation 2008 161 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 162 Amendment of sch 18 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 165 Chapter 3 Particular amendments relating to busways or light rail Part 1 Amendment of Land Act 1994 163 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 164 Amendment of s 390B (Particular dealing with rail land) . . . . . . . 165 Part 2 Amendment of Transport Infrastructure Act 1994 165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 166 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 166 167 Insertion of new s 303AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 303AB Licence in relation to busway land or busway transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . . 167 168 Amendment of s 352 (Definition for pt 3) . . . . . . . . . . . . . . . . . . . 168 169 Amendment of s 353 (Declaration of land as light rail land) . . . . . 169 170 Amendment of s 354 (Effect on land of light rail declaration) . . . . 169 171 Amendment of s 355 (Sublease of lease of light rail land) . . . . . . 170 172 Insertion of new s 355A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 355A Licence in relation to light rail land or infrastructure . . 170 173 Amendment of s 360A (Powers of chief executive for light rail transport infrastructure works contracts etc.) . . . . . . . . . . . . . . . . 172 174 Insertion of new s 361A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Page 13

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 361A Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 175 Amendment of s 362 (Interfering with light rail transport infrastructure) ............................... 173 176 Amendment of s 363 (Rectifying unauthorised interference or works) .................................... 174 177 Amendment of s 377 (Trespass on light rail land or light rail transport infrastructure) ...................... 175 377 Trespass on light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site . . . . . . . . . . . . . . . . . . . . . . . 175 178 Insertion of new ch 10, pt 4, div 4A . . . . . . . . . . . . . . . . . . . . . . . 177 Division 4A Franchised light rail Subdivision 1 Preliminary 377A Objectives of division . . . . . . . . . . . . . . . . . . . . . . . . . 177 Subdivision 2 Franchised light rail 377B Power to enter into light rail franchise agreements. . . 178 377C Operating public passenger service under agreement ...................... 179 377D Tabling of light rail franchise agreements . . . . . . . . . . 179 377E Report on operation of division. . . . . . . . . . . . . . . . . . 180 377F Recovery of money. . . . . . . . . . . . . . . . . . . . . . . . . . . 180 377G Rateability of land. . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 377H Guarantees and undertakings . . . . . . . . . . . . . . . . . . 181 Subdivision 3 Interface management 377I Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 377J Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 181 377K Meaning and scope of light rail interface agreement . 183 377L Declaration of light rail interface management area . . 183 377M Particular persons may enter into light rail interface agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 377N Failure to enter into light rail interface agreement . . . 185 377O Direction about arrangement that is to apply . . . . . . . 187 377P Guidelines about light rail interfaces etc. . . . . . . . . . . 188 Subdivision 4 Miscellaneous 377Q Severance of light rail transport infrastructure . . . . . . 188 377R Limited compensation for easements etc. or damage relating to overhead wiring for a light rail . . . . . . . . . . 189 179 Amendment of s 477A (Power to deal with particular land) . . . . . 192 Page 14

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 180 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . 192 181 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 193 Chapter 4 Other amendments Part 1 Amendment of Adult Proof of Age Card Act 2008 182 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 183 Amendment of s 10 (Request for further information or documents) ..................................... 195 184 Omission of s 35 (Storing emergency contact information electronically on an adult proof of age card) . . . . . . . . . . . . . . . . 195 185 Amendment of s 36 (Restricted access to information electronically stored on card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 186 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 196 Part 2 Amendment of Maritime Safety Queensland Act 2002 187 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 188 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 196 189 Insertion of new ss 12A and 12B . . . . . . . . . . . . . . . . . . . . . . . . . 197 12A Preservation of rights of particular public service officers ................................ 197 12B Tenure as public service officer on ending of particular employment contracts . . . . . . . . . . . . . . . . 197 Part 3 Amendment of Transport Infrastructure Act 1994 190 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 191 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 198 192 Amendment of s 33 (Prohibition on road works etc. on State-controlled roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 193 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 49A Impact of particular development and State-controlled roads .................. 199 194 Amendment of s 50 (Ancillary works and encroachments) . . . . . 199 195 Amendment of s 52 (Alteration etc. of ancillary works and encroachments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 196 Amendment of s 67 (Notice of decision under s 62(1)) . . . . . . . . 200 197 Amendment of s 70 (Offences about road access locations and road access works, relating to decisions under s 62(1)) . . . . . . . 200 198 Amendment of s 84A (Declaration of land as State toll road corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 199 Amendment of s 84B (State toll road corridor land on rail corridor land) ...................................... 201 200 Amendment of s 84C (Effect on land of State toll road corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Page 15

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 201 Insertion of new s 84D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 84D Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 202 Amendment of s 105H (Declaration of land as local government tollway corridor land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 203 Amendment of s 105J (Effect on land of local government tollway corridor land declaration) . . . . . . . . . . . . . . . . . . . . . . . . . 206 204 Insertion of new s 105JA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 105JA Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 205 Amendment of s 316 (Definition for div 4) . . . . . . . . . . . . . . . . . . 208 206 Amendment of s 317 (Retention of ownership of public utility plant) ........................................ 209 207 Amendment of s 364 (Definitions for div 3) . . . . . . . . . . . . . . . . . 209 208 Amendment of s 365 (Retention of ownership of public utility plant) ........................................ 209 209 Amendment of s 368 (Public utility provider to consult with chief executive before replacing public utility plant) . . . . . . . . . . . . . . . 210 210 Amendment of s 371 (Information by public utility provider to chief executive). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 211 Insertion of new ss 476B-476D . . . . . . . . . . . . . . . . . . . . . . . . . . 210 476B Power to require works to stop . . . . . . . . . . . . . . . . . . 210 476C Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 476D Registration of notice about nature of works . . . . . . . 213 212 Insertion of new ch 18, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Part 14 Transitional provisions for Transport and Other Legislation Amendment Act (No. 2) 2010 556 Existing applications for approval for road access works .............................. 214 557 Particular applications for approval for road access works ............................. 214 558 Effect of change in definition rail transport infrastructure on development applications . . . . . . . . 214 213 Amendment of sch 3 (Reviews and appeals) . . . . . . . . . . . . . . . . 215 214 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 215 Part 4 Amendment of Transport Legislation Amendment Act 2007 215 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 216 Amendment of s 29 (Insertion of new ss 87B-87G). . . . . . . . . . . 217 Part 5 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008 217 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Page 16

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 218 Amendment of s 5 (Insertion of new ch 7, pt 5A) . . . . . . . . . . . . . 218 219 Amendment of s 15 (Insertion of new pt 5, divs 3A and 3B) . . . . 219 220 Amendment of s 17 (Amendment of schedule (Dictionary)). . . . . 219 221 Amendment of s 28 (Insertion of new ch 5, pt 3A) . . . . . . . . . . . . 219 222 Amendment of s 31 (Amendment of sch 4 (Dictionary)) . . . . . . . 220 Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 223 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 224 Amendment of s 26 (Discharge of oil into coastal waters prohibited) ...................................... 221 225 Amendment of s 27 (Oil residues) . . . . . . . . . . . . . . . . . . . . . . . . 221 226 Amendment of s 35 (Discharge of noxious liquid substances into coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 227 Amendment of s 42 (Jettisoning of harmful substances into coastal waters prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 228 Amendment of s 48A (Ship with fixed toilet operating in prescribed nil discharge waters to be able to hold or treat sewage) ....................................... 222 229 Amendment of s 49 (Declared ship operating in prescribed nil discharge waters to be fitted with sewage holding device). . . . . . 222 230 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 86A Power to give notice in relation to discharge or likely discharge of pollutant . . . . . . . . . . . . . . . . . . . . . . . . . 223 231 Amendment of s 104 (Failure to answer questions) . . . . . . . . . . . 224 232 Amendment of s 113 (Detained ship must be released on giving security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 233 Insertion of new pt 17, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Division 6 Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010 160 Application of s 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 234 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 226 Part 7 Amendment of Transport Operations (Marine Safety) Act 1994 235 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 236 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 227 237 Amendment of s 31 (What is a standard). . . . . . . . . . . . . . . . . . . 227 238 Amendment of s 45 (Standards) . . . . . . . . . . . . . . . . . . . . . . . . . 227 239 Amendment of s 47 (Notice of proposal to prepare draft standard) .................................. 227 240 Amendment of s 48 (Preparation of draft standard) . . . . . . . . . . . 228 Page 17

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 241 Amendment of s 49 (Notice of draft standard) . . . . . . . . . . . . . . . 228 242 Amendment of s 50 (Making of standard) . . . . . . . . . . . . . . . . . . 228 243 Replacement of s 54 (Review of standards). . . . . . . . . . . . . . . . . 228 54 Amendment of standards . . . . . . . . . . . . . . . . . . . . . . 228 54A Application of Acts Interpretation Act 1954 . . . . . . . . 229 244 Omission of pt 10 (Marine board). . . . . . . . . . . . . . . . . . . . . . . . . 229 245 Amendment of s 172A (Other directions) . . . . . . . . . . . . . . . . . . . 229 246 Amendment of s 203D (Decisions that can not be appealed against etc.) ................................. 230 Part 8 Amendment of Transport Operations (Passenger Transport) Act 1994 247 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 248 Amendment of s 52 (Approval of basis for funding or other financial assistance by State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 249 Amendment of s 87E (Record of prior booking--limousine service provided under special purpose limousine service licence) ...................................... 231 250 Amendment of s 87F (Operator to keep record of prior booking made for s 87E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 251 Amendment of s 87G (Driver to produce record of prior booking made for s 87E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 252 Renumbering of ss 87E-87G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 253 Amendment of s 92 (Making of standards) . . . . . . . . . . . . . . . . . 232 254 Replacement of s 99 (Review of standards). . . . . . . . . . . . . . . . . 232 99 Amendment of standards . . . . . . . . . . . . . . . . . . . . . . 233 99A Application of Acts Interpretation Act 1954 . . . . . . . . 233 255 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 233 Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 256 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 257 Insertion of new ch 3, pt 3, div 2, sdiv 7 . . . . . . . . . . . . . . . . . . . . 234 Subdivision 7 Other powers in relation to heavy vehicles--improvement notices and formal warnings 39P Authorised officers need authorisation for exercising powers under this subdivision . . . . . . . . . . . . . . . . . . 234 39Q Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 234 39R Contravention of improvement notice . . . . . . . . . . . . . 235 39S Amendment of improvement notice . . . . . . . . . . . . . . 236 Page 18

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 39T Cancellation of improvement notice . . . . . . . . . . . . . . 237 39U Clearance certificate. . . . . . . . . . . . . . . . . . . . . . . . . . 237 39V Formal warning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 39W Withdrawal of formal warning . . . . . . . . . . . . . . . . . . . 238 258 Replacement of ch 6, pt 3, hdg (Other provisions) . . . . . . . . . . . . 238 259 Insertion of new ch 6, pt 3, div 1. . . . . . . . . . . . . . . . . . . . . . . . . . 239 Division 1 Preliminary 163F Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 260 Insertion of new ch 6, pt 3, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 239 261 Amendment of s 164 (Court orders for payment) . . . . . . . . . . . . . 239 262 Insertion of new ch 6, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 240 Division 3 Road compensation order 164AA Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 164AB Road compensation order . . . . . . . . . . . . . . . . . . . . . 240 164AC Assessment of compensation . . . . . . . . . . . . . . . . . . 241 164AD Copy of certificate to be given to defendant . . . . . . . . 242 164AE Limits on amount of compensation. . . . . . . . . . . . . . . 242 164AF Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 164AG Enforcement of compensation order and costs . . . . . 243 164AH Relationship with orders or awards of other courts and tribunals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 263 Insertion of new ch 6, pt 3, div 4, hdg. . . . . . . . . . . . . . . . . . . . . . 244 264 Amendment of s 164A (Commercial benefits penalty order) . . . . 244 265 Insertion of new ch 6, pt 3, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . 245 Division 5 Supervisory intervention orders 164B Supervisory intervention orders . . . . . . . . . . . . . . . . . 245 164C What supervisory intervention order may deal with . . 246 164D Amending or revoking supervisory intervention order 247 164E Contravention of a supervisory intervention order . . . 248 266 Insertion of new ch 6, pt 4, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 248 267 Amendment of sch 3 (Reviewable decisions). . . . . . . . . . . . . . . . 248 268 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 248 Part 10 Amendment of Transport Operations (TransLink Transit Authority) Act 2008 269 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 270 Replacement of s 45 (Annual report) . . . . . . . . . . . . . . . . . . . . . . 249 Page 19

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Contents 45 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Part 11 Amendment of Transport Planning and Coordination Act 1994 271 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 272 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 251 273 Amendment of s 8A (Object of pt 2A). . . . . . . . . . . . . . . . . . . . . . 251 274 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 27A Power of chief executive to dispose of land subject to easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 275 Replacement of s 28 (No compensation for works after notice of intention to resume or agreement to acquire) . . . . . . . . . . . . . . . 252 28 Matters affecting compensation payable . . . . . . . . . . 252 276 Amendment of s 28AA (Declaration of area used or to be used for particular purposes to be prescribed transit node) . . . . . . . . . 253 277 Insertion of new s 36H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 36H Storing emergency contact information electronically on a relevant prescribed document . . . . . . . . . . . . . . 253 278 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 39 Transitional provision for Transport and Other Legislation Amendment Act (No. 2) 2010. . . . . . . . . . 255 Part 12 Amendment of Transport Planning and Coordination Regulation 2005 279 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 280 Amendment of s 4 (Prescribed transit nodes--Act, s 28AA) . . . . 255 Part 13 Minor and consequential amendments 281 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 257 Transport (New Queensland Driver Licensing) Amendment Act 2008 .......................................... 259 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 259 Transport Operations (Road Use Management) Act 1995 . . . . . . 260 Transport Security (Counter-Terrorism) Act 2008. . . . . . . . . . . . . 260 Page 20

 


 

2010 A Bill for An Act to amend the Adult Proof of Age Card Act 2008, the Anti-Discrimination Act 1991, the Coastal Protection and Management Act 1995, the Coastal Protection and Management Regulation 2003, the Criminal Code, the Electrical Safety Act 2002, the Electrical Safety Regulation 2002, the Electricity Act 1994, the Environmental Protection Regulation 2008, the Explosives Regulation 2003, the Judicial Review Act 1991, the Land Act 1994, the Maritime Safety Queensland Act 2002, the Mineral Resources Act 1989, the Nature Conservation (Wildlife Management) Regulation 2006, the Right to Information Act 2009, the South Bank Corporation Act 1989, the Sustainable Planning Act 2009, the Transport Infrastructure Act 1994, the Transport Infrastructure (Ports) Regulation 2005, the Transport Infrastructure (Rail) Regulation 2006, the Transport Legislation Amendment Act 2007, the Transport (New Queensland Driver Licensing) Amendment Act 2008, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Marine Pollution) Regulation 2008, the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004, the Transport Operations (Passenger Transport) Act 1994, the Transport Operations (Passenger Transport) Regulation 2005, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (TransLink Transit Authority) Act 2008, the Transport Planning and Coordination Act 1994, the Transport Planning and Coordination Regulation 2005, the Transport Security (Counter-Terrorism) Act 2008, the Transport (South Bank Corporation Area Land) Act 1999, the Urban Land Development Authority Act 2007 and the Workplace Health and Safety Regulation 2008 for particular purposes

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Transport and Other Legislation 4 Amendment Act (No. 2) 2010. 5 Clause 2 Commencement 6 (1) The following provisions commence on the day the 7 declaration of QR Limited ACN 124649967 as a GOC is 8 revoked under the Infrastructure Investment (Asset 9 Restructuring and Disposal) Act 2009, section 11A-- 10 (a) section 24; 11 (b) chapter 2, part 8, other than section 33; 12 (c) section 69; 13 (d) section 77. 14 (2) Section 74, other than to the extent it inserts new chapter 13, 15 part 2, commences on the day a gazette notice is made under 16 the Transport Infrastructure Act 1994, section 438A as 17 inserted by section 74 of this Act. 18 (3) The following provisions commence on the day the 19 declaration of the Port of Brisbane Corporation Limited ACN 20 124048522 as a port authority is revoked under the 21 Infrastructure Investment (Asset Restructuring and Disposal) 22 Act 2009, section 11A-- 23 (a) section 84; 24 (b) chapter 2, part 19. 25 (4) The following provisions commence on the day Queensland 26 Rail Limited ACN 132181090 is declared to be a GOC by a 27 Page 22

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 1 Amendment of Anti-Discrimination Act 1991 [s 3] regulation made under the Government Owned Corporations 1 Act 1993, section 72-- 2 (a) chapter 2, part 25; 3 (b) chapter 2, part 26. 4 (5) The following provisions commence on a day to be fixed by 5 proclamation-- 6 (a) chapter 4, part 1; 7 (b) chapter 4, part 5; 8 (c) section 230; 9 (d) chapter 4, part 9; 10 (e) section 277. 11 Chapter 2 Amendments relating to rail 12 and Port of Brisbane 13 Part 1 Amendment of 14 Anti-Discrimination Act 1991 15 Clause 3 Act amended 16 This part amends the Anti-Discrimination Act 1991. 17 Clause 4 Amendment of s 106A (Compulsory retirement age under 18 legislation etc.) 19 Section 106A(1)(i) and (j)-- 20 omit. 21 Page 23

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 2 Amendment of Coastal Protection and Management Act 1995 [s 5] Part 2 Amendment of Coastal 1 Protection and Management 2 Act 1995 3 Clause 5 Act amended 4 This part amends the Coastal Protection and Management Act 5 1995. 6 Clause 6 Amendment of s 8 (Meaning of artificial waterway) 7 Section 8(3)(h), after `port authority'-- 8 insert-- 9 `or port operator'. 10 Clause 7 Amendment of s 32 (Public notice inviting submissions 11 on draft State plan) 12 (1) Section 32(3)(a), `and port authority'-- 13 omit, insert-- 14 `, port authority and port operator'. 15 (2) Section 32(4), `or port authority'-- 16 omit, insert-- 17 `, port authority or port operator'. 18 Clause 8 Amendment of s 36 (Content of regional plans) 19 Section 36(2)(b), after `port authority'-- 20 insert-- 21 `, port operator'. 22 Page 24

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 2 Amendment of Coastal Protection and Management Act 1995 [s 9] Clause 9 Amendment of s 37 (Public notice of proposal to prepare 1 draft regional plan) 2 Section 37(3)(a), `and port authority'-- 3 omit, insert-- 4 `, port authority and port operator'. 5 Clause 10 Amendment of s 39 (Public notice inviting submissions 6 on draft regional plan) 7 (1) Section 39(3)(a), `and port authority'-- 8 omit, insert-- 9 `, port authority and port operator'. 10 (2) Section 39(4), `or port authority'-- 11 omit, insert-- 12 `, port authority or port operator'. 13 Clause 11 Amendment of s 43 (Public notice of proposal to review 14 coastal plan) 15 Section 43(3)(a), `and port authority'-- 16 omit, insert-- 17 `, port authority and port operator'. 18 Clause 12 Amendment of s 45 (Public notice inviting submissions 19 on new draft coastal plan) 20 (1) Section 45(3)(a), `and port authority'-- 21 omit, insert-- 22 `, port authority and port operator'. 23 (2) Section 45(4), `or port authority'-- 24 omit, insert-- 25 `, port authority or port operator'. 26 Page 25

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 2 Amendment of Coastal Protection and Management Act 1995 [s 13] Clause 13 Amendment of s 48 (Implementation of coastal plans) 1 Section 48(2), after `port authority'-- 2 insert-- 3 `, port operator'. 4 Clause 14 Amendment of s 57 (Notice declaring, changing or 5 abolishing coastal management district) 6 Section 57(3), `and port authority'-- 7 omit, insert-- 8 `, port authority and port operator'. 9 Clause 15 Amendment of s 75 (Criteria for deciding applications) 10 Section 75(3)(e), after `port authority'-- 11 insert-- 12 `or port operator'. 13 Clause 16 Amendment of s 89 (What is a dredge management plan) 14 Section 89, example, `or a port authority'-- 15 omit, insert-- 16 `, port authority or port operator'. 17 Clause 17 Amendment of schedule (Dictionary) 18 Schedule-- 19 insert-- 20 `port operator has the meaning given in the Transport 21 Infrastructure Act 1994, section 267.'. 22 Page 26

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 3 Amendment of Coastal Protection and Management Regulation 2003 [s 18] Part 3 Amendment of Coastal 1 Protection and Management 2 Regulation 2003 3 Clause 18 Regulation amended 4 This part amends the Coastal Protection and Management 5 Regulation 2003. 6 Clause 19 Amendment of s 9 (Royalty not payable for particular 7 transport-related matters) 8 (1) Section 9(3), after `port authority'-- 9 insert-- 10 `, port lessor, port lessee or port manager'. 11 (2) Section 9(3)(b), after `strategic port land'-- 12 insert-- 13 `or Brisbane core port land'. 14 Clause 20 Amendment of s 15 (Work that is not prescribed tidal 15 work) 16 (1) Section 15(1)(a)(i), after `port authority'-- 17 insert-- 18 `or port operator'. 19 (2) Section 15(1)(a)(ii), `or a port authority'-- 20 omit, insert-- 21 `, a port authority or a port operator'. 22 Clause 21 Amendment of sch 5 (Dictionary) 23 Schedule 5-- 24 Page 27

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 4 Amendment of Criminal Code [s 22] insert-- 1 `Brisbane core port land has the meaning given in the 2 Transport Infrastructure Act 1994, schedule 6.'. 3 Part 4 Amendment of Criminal Code 4 Clause 22 Act amended 5 This part amends the Criminal Code. 6 Clause 23 Amendment of s 1 (Definitions) 7 (1) Section 1-- 8 insert-- 9 `rail GOC see the Transport Infrastructure Act 1994, schedule 10 6.'. 11 (2) Section 1, definition person employed in the public service, 12 `QR Limited ACN 124649967'-- 13 omit, insert-- 14 `a rail GOC or a subsidiary of a rail GOC'. 15 (3) Section 1, definition person employed in the public service, 16 `QR Limited.'-- 17 omit, insert-- 18 `a rail GOC or a subsidiary of a rail GOC.'. 19 Clause 24 Insertion of new pt 9, ch 87 20 Part 9-- 21 insert-- 22 Page 28

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 5 Amendment of Electrical Safety Act 2002 [s 25] `Chapter 87 Transitional provision for 1 members of QR Group 2 `724 Employees of members of QR Group taken to be 3 persons employed in public service during interim 4 period 5 `(1) During the interim period, the chief executive officer of QR 6 Limited and persons employed by a member of QR Group are 7 taken to be persons employed in the public service. 8 `(2) In this section-- 9 change of ownership means the beginning of the day notified 10 by the Treasurer by gazette notice for this chapter. 11 commencement means the commencement of this chapter. 12 interim period means the period from the commencement to 13 the change of ownership. 14 member of QR Group means QR Limited or a related body 15 corporate of QR Limited. 16 QR Limited means QR Limited ACN 124 649 967. 17 related body corporate has the meaning given in the 18 Corporations Act. 19 Treasurer means the Minister who administers the Financial 20 Accountability Act 2009.'. 21 Part 5 Amendment of Electrical Safety 22 Act 2002 23 Clause 25 Act amended 24 This part amends the Electrical Safety Act 2002. 25 Page 29

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 6 Amendment of Electrical Safety Regulation 2002 [s 26] Clause 26 Amendment of sch 2 (Dictionary) 1 (1) Schedule 2-- 2 insert-- 3 `railway manager see the Transport Infrastructure Act 1994, 4 schedule 6.'. 5 (2) Schedule 2, definition electricity entity, paragraph (c)-- 6 omit, insert-- 7 `(c) a railway manager that is exempted by the Electricity 8 Act, section 20Q from the requirements of section 88A 9 of that Act; or'. 10 Part 6 Amendment of Electrical Safety 11 Regulation 2002 12 Clause 27 Regulation amended 13 This part amends the Electrical Safety Regulation 2002. 14 Clause 28 Amendment of s 165 (Prescribed electricity entities) 15 (1) Section 165(1)-- 16 insert-- 17 `(c) both of the following apply-- 18 (i) it is not named in schedule 6, part 1 or 2 but is an 19 electricity entity under the Act, schedule 2, 20 definition electricity entity, paragraph (c); 21 (ii) 3 months have elapsed since the later of the 22 following-- 23 (A) the entity first becoming an electricity entity; 24 (B) the commencement of this paragraph.'. 25 Page 30

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 7 Amendment of Electricity Act 1994 [s 29] (2) Section 165(2)-- 1 omit. 2 Part 7 Amendment of Electricity Act 3 1994 4 Clause 29 Act amended 5 This part amends the Electricity Act 1994. 6 Clause 30 Amendment of s 20Q (Exemptions for QR Limited and QR 7 Network Pty Ltd) 8 (1) Section 20Q, heading, `QR Limited and QR Network Pty 9 Ltd'-- 10 omit, insert-- 11 `rail GOCs, railway managers and their related bodies 12 corporate'. 13 (2) Section 20Q(1), `QR Limited and QR Network Pty Ltd'-- 14 omit, insert-- 15 `A rail GOC and a subsidiary of a rail GOC'. 16 (3) Section 20Q(2), `QR Limited and QR Network Pty Ltd are 17 also exempted'-- 18 omit, insert-- 19 `The railway manager that operates the nominated network 20 and related bodies corporate of that railway manager are 21 exempted'. 22 (4) Section 20Q(3)-- 23 renumber as subsection (5). 24 (5) Section 20Q-- 25 Page 31

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 7 Amendment of Electricity Act 1994 [s 30] insert-- 1 `(3) Subsection (4) applies if electricity is-- 2 (a) supplied or sold-- 3 (i) by a rail GOC or a subsidiary of a rail GOC to a 4 relevant railway manager; or 5 (ii) by a relevant railway manager to a rail GOC or a 6 subsidiary of a rail GOC; and 7 (b) used-- 8 (i) in connection with the building or use of electrical 9 installations and other works, as part of a system of 10 electric traction or for signalling purposes, on rail 11 transport infrastructure or connected to the rail 12 transport infrastructure; or 13 (ii) for powering electric rolling stock and railway 14 signals on rail transport infrastructure. 15 `(4) Each of the following is exempted from sections 88A and 89 16 in relation to the supply and sale of the electricity-- 17 (a) the rail GOC or its subsidiary mentioned in subsection 18 (3)(a)(i); 19 (b) the relevant railway manager mentioned in subsection 20 (3)(a)(ii).'. 21 (6) Section 20Q(5) as renumbered, definitions QR Limited and 22 QR Network Pty Ltd-- 23 omit. 24 (7) Section 20Q(5) as renumbered-- 25 insert-- 26 `rail GOC see the Transport Infrastructure Act 1994, schedule 27 6. 28 railway manager see the Transport Infrastructure Act 1994, 29 schedule 6. 30 Page 32

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 8 Amendment of Environmental Protection Regulation 2008 [s 31] related body corporate has the meaning given in the 1 Corporations Act. 2 relevant railway manager, in relation to a rail GOC or a 3 subsidiary of a rail GOC, means-- 4 (a) a railway manager that operates rail transport 5 infrastructure that is directly connected to rail transport 6 infrastructure operated by the rail GOC or the subsidiary 7 of the rail GOC; or 8 (b) a related body corporate of a railway manager 9 mentioned in paragraph (a). 10 Note-- 11 A relevant railway manager may be a rail GOC or a subsidiary of a rail 12 GOC.'. 13 (8) Section 20Q(5) as renumbered, definition Brisbane Airport 14 Rail Link, `from QR Network Pty Ltd's'-- 15 omit, insert-- 16 `from the'. 17 (9) Section 20Q(5) as renumbered, definition third party access 18 holder, `QR Limited or QR Network Pty Ltd'-- 19 omit, insert-- 20 `a railway manager or a related body corporate of the railway 21 manager'. 22 Part 8 Amendment of Environmental 23 Protection Regulation 2008 24 Clause 31 Regulation amended 25 This part amends the Environmental Protection Regulation 26 2008. 27 Page 33

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 8 Amendment of Environmental Protection Regulation 2008 [s 32] Clause 32 Insertion of new ch 10 1 After chapter 9-- 2 insert-- 3 `Chapter 10 Transitional provisions for 4 members of QR Group 5 `160 Definitions for ch 10 6 `In this chapter-- 7 change of ownership means the beginning of the day notified 8 by the Treasurer by gazette notice for this chapter. 9 commencement means the commencement of this chapter. 10 interim period means the period from the commencement to 11 the change of ownership. 12 member of QR Group means QR Limited or a related body 13 corporate of QR Limited. 14 QR Limited means QR Limited ACN 124 649 967. 15 related body corporate has the meaning given in the 16 Corporations Act. 17 Treasurer means the Minister who administers the Financial 18 Accountability Act 2009. 19 `161 Application of s 106 to member of QR Group 20 during interim period 21 `A member of QR Group is taken to be an instrumentality or 22 agency of the State for the purposes of section 106 during the 23 interim period. 24 `162 Application of s 106 to member of QR Group after 25 change of ownership 26 `(1) Subsection (2) applies if-- 27 Page 34

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 8 Amendment of Environmental Protection Regulation 2008 [s 32] (a) because of section 106, the administration and 1 enforcement of a provision of the Act mentioned in 2 sections 98 to 100 is not devolved to a local government; 3 and 4 (b) immediately before the change of ownership, the 5 administering authority is conducting an investigation 6 under the Act in relation to, or is exercising an 7 enforcement power under the Act against, a member of 8 QR Group; and 9 (c) the investigation or enforcement relates to a provision of 10 the Act mentioned in sections 98 to 100. 11 `(2) The administering authority may-- 12 (a) continue to undertake that investigation in relation to, 13 and exercise that enforcement power against, the 14 member of QR Group; and 15 (b) take the further actions it is entitled or empowered to 16 take under the Act after the investigation or exercise of 17 the enforcement power has ended; 18 as if the member of QR Group continued to be an 19 instrumentality or agency of the State for the purposes of 20 section 106. 21 `(3) Subsection (4) applies if-- 22 (a) because of section 106, the administration and 23 enforcement of a provision of the Act in relation to an 24 environmentally relevant activity is not devolved to a 25 local government; and 26 (b) as at the change of ownership, an application has been 27 properly made by a member of QR Group to the 28 administering authority for approval of the 29 environmentally relevant activity. 30 `(4) The administering authority may continue to assess and 31 determine the application as if the member of QR Group 32 continued to be an instrumentality or agency of the State for 33 the purposes of section 106.'. 34 Page 35

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 9 Amendment of Explosives Regulation 2003 [s 33] Clause 33 Amendment of sch 2 (Chapter 4 activities and aggregate 1 environmental scores) 2 Schedule 2, section 50(4), definition port-- 3 omit, insert-- 4 `port means the port area for a port under the Transport 5 Infrastructure Act 1994, section 267AA.'. 6 Clause 34 Amendment of sch 12 (Dictionary) 7 Schedule 12, part 2-- 8 insert-- 9 `change of ownership, for chapter 10, see section 160. 10 commencement, for chapter 10, see section 160. 11 interim period, for chapter 10, see section 160. 12 member of QR Group, for chapter 10, see section 160. 13 QR Limited, for chapter 10, see section 160. 14 related body corporate, for chapter 10, see section 160. 15 Treasurer, for chapter 10, see section 160.'. 16 Part 9 Amendment of Explosives 17 Regulation 2003 18 Clause 35 Regulation amended 19 This part amends the Explosives Regulation 2003. 20 Clause 36 Amendment of s 60 (Requirements for ports handling 21 explosives) 22 Section 60(1), after `port authority'-- 23 Page 36

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 9 Amendment of Explosives Regulation 2003 [s 37] insert-- 1 `or port operator'. 2 Clause 37 Amendment of s 61 (Port authority to prepare explosives 3 limits document) 4 (1) Section 61, heading, after `Port authority'-- 5 insert-- 6 `or port operator'. 7 (2) Section 61, after `port authority'-- 8 insert-- 9 `or port operator'. 10 Clause 38 Amendment of s 62 (How chief inspector must deal with 11 explosives limits document) 12 (1) Section 62(1) and (2), after `port authority'-- 13 insert-- 14 `or port operator'. 15 (2) Section 62(3), `authority'-- 16 omit, insert-- 17 `port authority or port operator'. 18 Clause 39 Amendment of s 63 (Changing approved explosives 19 limits) 20 Section 63(1) and (2), after `port authority'-- 21 insert-- 22 `or port operator'. 23 Page 37

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 10 Amendment of Judicial Review Act 1991 [s 40] Clause 40 Amendment of s 64 (Chief inspector may impose interim 1 explosives limits) 2 Section 64(3), after `port authority'-- 3 insert-- 4 `or port operator'. 5 Clause 41 Amendment sch 7 (Dictionary) 6 Schedule 7-- 7 insert-- 8 `port operator has the meaning given in the Transport 9 Infrastructure Act 1994, section 267.'. 10 Part 10 Amendment of Judicial Review 11 Act 1991 12 Clause 42 Act amended 13 This part amends the Judicial Review Act 1991. 14 Clause 43 Insertion of new s 18C 15 Part 1, division 5-- 16 insert-- 17 `18C Application of Act to State and relevant entity under 18 Transport Infrastructure Act 1994 19 `(1) This Act does not apply to a decision of the State or a relevant 20 entity made in carrying out its functions under the Transport 21 Infrastructure Act 1994, chapter 8, part 3A. 22 `(2) In this section-- 23 functions includes powers. 24 Page 38

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 11 Amendment of Land Act 1994 [s 44] relevant entity see the Transport Infrastructure Act 1994, 1 section 279A.'. 2 Clause 44 Amendment of sch 6 (Application of Act to GOCs) 3 Schedule 6, item 1, `QR Limited ACN 124649967'-- 4 omit, insert-- 5 `a rail GOC (within the meaning of the Transport 6 Infrastructure Act 1994)'. 7 Part 11 Amendment of Land Act 1994 8 Clause 45 Act amended 9 This part amends the Land Act 1994. 10 Clause 46 Amendment of s 12 (Inundated land) 11 (1) Section 12(5) after `a port authority'-- 12 insert-- 13 `, port lessor, port lessee or port manager'. 14 (2) Section 12(5) `or port authority'-- 15 omit, insert-- 16 `, port authority, port lessor, port lessee or port manager'. 17 Clause 47 Amendment of s 504 (Changing tenures of port lands) 18 (1) Section 504(1), after `a port authority'-- 19 insert-- 20 `or port lessor'. 21 (2) Section 504(1), after `the port authority'-- 22 Page 39

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 11 Amendment of Land Act 1994 [s 48] insert-- 1 `or port lessor'. 2 (3) Section 504-- 3 insert-- 4 `(1A) An order in council under subsection (1) may set the rent for a 5 lease of the land. 6 `(1B) Without limiting subsection (1A), rent set under this section 7 may be set at zero dollars in total or for a rental period. 8 `(1C) Sections 182, 183, 183A, 183AA, 184 and chapter 5, part 1, 9 division 2 do not apply to a lease for which rent is set under 10 this section.'. 11 (4) Section 504(2), after `port authority'-- 12 insert-- 13 `, port lessor'. 14 Clause 48 Amendment sch 6 (Dictionary) 15 (1) Schedule 6-- 16 insert-- 17 `port lessee has the meaning given in the Transport 18 Infrastructure Act 1994, section 267. 19 port lessor has the meaning given in the Transport 20 Infrastructure Act 1994, section 267. 21 port manager has the meaning given in the Transport 22 Infrastructure Act 1994, section 267.'. 23 (2) Schedule 6, definition sublease-- 24 omit, insert-- 25 `sublease includes-- 26 (a) for trust land--a sub-sublease; and 27 Page 40

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 12 Amendment of Mineral Resources Act 1989 [s 49] (b) for other land--any derivative under lease, including, 1 for example, a sub-sub-sublease.'. 2 Part 12 Amendment of Mineral 3 Resources Act 1989 4 Clause 49 Act amended 5 This part amends the Mineral Resources Act 1989. 6 Clause 50 Amendment of schedule (Dictionary) 7 (1) Schedule-- 8 insert-- 9 `rail GOC see the Transport Infrastructure Act 1994, schedule 10 6.'. 11 (2) Schedule, definition reserve, paragraph (a)(vii)(B)-- 12 omit, insert-- 13 `(B) QR Limited ACN 124 649 967; or 14 (BA) a rail GOC or a subsidiary of a rail GOC; or'. 15 Part 13 Amendment of Nature 16 Conservation (Wildlife 17 Management) Regulation 2006 18 Clause 51 Regulation amended 19 This part amends the Nature Conservation (Wildlife 20 Management) Regulation 2006. 21 Page 41

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 13 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 52] Clause 52 Amendment of s 40 (Particular government officers or 1 employees) 2 (1) Section 40(1)(b)-- 3 omit, insert-- 4 `(b) a rail GOC; or'. 5 (2) Section 40(4), definition QR Limited-- 6 omit. 7 (3) Section 40(4), definition officer or employee of QR Limited, 8 `employee of QR Limited'-- 9 omit, insert-- 10 `employee of a rail GOC'. 11 (4) Section 40(4), definition officer or employee of QR Limited, 12 paragraphs (a) to (c), `QR Limited'-- 13 omit, insert-- 14 `the rail GOC'. 15 (5) Section 40(4), definition public land, paragraph (d)-- 16 omit, insert-- 17 `(d) a railway managed by a rail GOC or a subsidiary of a 18 rail GOC.'. 19 Clause 53 Insertion of new s 40A 20 After section 40-- 21 insert-- 22 `40A Exemptions for railway managers 23 `(1) A railway officer of a railway manager may, without a wildlife 24 authority for taking the animal or a wildlife movement permit, 25 and on the conditions the chief executive decides and notifies 26 to the railway manager-- 27 (a) take a dead protected animal from a railway managed by 28 the railway manager to a place; and 29 Page 42

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 13 Amendment of Nature Conservation (Wildlife Management) Regulation 2006 [s 54] (b) move the dead animal from the place to which the 1 animal is taken to another place. 2 `(2) The conditions may include-- 3 (a) the manner in which the animal is to be dealt with 4 following its taking or movement; and 5 (b) the records the railway manager must keep for things 6 done under subsection (1), the manner in which the 7 records are kept and access to the records. 8 `(3) This section does not apply to a rail GOC or a subsidiary of a 9 rail GOC. 10 `(4) In this section-- 11 railway manager see the Transport Infrastructure Act 1994, 12 schedule 6. 13 railway officer, of a railway manager, means-- 14 (a) an employee or contractor of the railway manager; or 15 (b) an employee or contractor of a related body corporate of 16 a railway manager; or 17 (c) an employee of a contractor mentioned in paragraph (a) 18 or (b); or 19 (d) another person approved by the chief executive by 20 written notice to the railway manager. 21 related body corporate has the meaning given in the 22 Corporations Act.'. 23 Clause 54 Amendment of sch 4 (Dictionary) 24 Schedule 4-- 25 insert-- 26 `rail GOC see the Transport Infrastructure Act 1994, schedule 27 6.'. 28 Page 43

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 14 Amendment of Right to Information Act 2009 [s 55] Part 14 Amendment of Right to 1 Information Act 2009 2 Clause 55 Act amended 3 This part amends the Right to Information Act 2009. 4 Clause 56 Insertion of new ch 8 5 After chapter 7-- 6 insert-- 7 `Chapter 8 Transitional provisions for 8 members of QR Group 9 `207 Definitions for ch 8 10 `In this chapter-- 11 change of ownership means the beginning of the day notified 12 by the Treasurer by gazette notice for this chapter. 13 commencement means the commencement of this chapter. 14 interim period means the period from the commencement to 15 the change of ownership. 16 member of QR Group means QR Limited or a related body 17 corporate of QR Limited. 18 QR Limited means QR Limited ACN 124 649 967. 19 related body corporate has the meaning given in the 20 Corporations Act. 21 Treasurer means the Minister who administers the Financial 22 Accountability Act 2009. 23 Page 44

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 14 Amendment of Right to Information Act 2009 [s 57] `208 Application of Act to members of QR Group during 1 interim period 2 `A member of QR Group is taken to be an agency for the 3 purposes of this Act during the interim period. 4 `209 Certain provisions continue to apply until change of 5 ownership despite their repeal 6 `Until the change of ownership-- 7 (a) schedule 2, part 2, items 16, 17 and 18 as they were in 8 force immediately before the commencement continue 9 to apply, despite their repeal, to a member of QR Group; 10 and 11 (b) schedule 2, part 2, item 16 as in force on the 12 commencement does not apply to a member of QR 13 Group.'. 14 Clause 57 Amendment of sch 2 (Entities to which this Act does not 15 apply) 16 Schedule 2, part 2, items 16, 17 and 18-- 17 omit, insert-- 18 `16 a rail GOC (within the meaning of the Transport 19 Infrastructure Act 1994), or a subsidiary of a rail GOC, in 20 relation to freight or insurance operations, except so far as 21 they relate to community service obligations'. 22 Clause 58 Amendment of sch 6 (Dictionary) 23 (1) Schedule 6, definition QR freight operations-- 24 omit. 25 (2) Schedule 6-- 26 insert-- 27 `change of ownership, for chapter 8, see section 207. 28 Page 45

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 15 Amendment of South Bank Corporation Act 1989 [s 59] commencement, for chapter 8, see section 207. 1 interim period, for chapter 8, see section 207. 2 member of QR Group, for chapter 8, see section 207. 3 QR Limited, for chapter 8, see section 207. 4 related body corporate, for chapter 8, see section 207. 5 Treasurer, for chapter 8, see section 207.'. 6 Part 15 Amendment of South Bank 7 Corporation Act 1989 8 Clause 59 Act amended 9 This part amends the Southbank Corporation Act 1989. 10 Clause 60 Amendment of s 3 (Definitions) 11 Section 3-- 12 insert-- 13 `rail GOC see the Transport Infrastructure Act 1994, schedule 14 6.'. 15 Clause 61 Amendment of s 17 (Vesting of public lands other than 16 roads) 17 Section 17(4), definition land, `QR Limited ACN 18 124649967'-- 19 omit, insert-- 20 `a rail GOC or a subsidiary of a rail GOC'. 21 Page 46

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 16 Amendment of Sustainable Planning Act 2009 [s 62] Clause 62 Amendment of s 38 (Continuance of railway operations) 1 (1) Section 38(1)(a), `QR Limited'-- 2 omit, insert-- 3 `a rail GOC or a subsidiary of a rail GOC'. 4 (2) Section 38(2), definition QR Limited-- 5 omit. 6 (3) Section 38(2), definition railway manager, `by QR Limited'-- 7 omit, insert-- 8 `by a rail GOC or a subsidiary of a rail GOC'. 9 (4) Section 38(2), definition railway manager, `with QR 10 Limited'-- 11 omit, insert-- 12 `with the rail GOC or the subsidiary of the rail GOC'. 13 (5) Section 38(2), definition railway operator, `QR Limited'-- 14 omit, insert-- 15 `a rail GOC or a subsidiary of a rail GOC'. 16 Part 16 Amendment of Sustainable 17 Planning Act 2009 18 Clause 63 Act amended 19 This part amends the Sustainable Planning Act 2009. 20 Clause 64 Amendment of s 347 (Conditions that can not be 21 imposed) 22 Section 347(2)(a)(ii), after `railways'-- 23 Page 47

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 65] insert-- 1 `ports or airports'. 2 Clause 65 Amendment of s 456 (Court may make declarations and 3 orders) 4 (1) Section 456(1)(d)-- 5 renumber as section 456(1)(e). 6 (2) Section 456(1)-- 7 insert-- 8 `(d) the construction of the Brisbane port LUP under the 9 Transport Infrastructure Act;'. 10 Part 17 Amendments of Transport 11 Infrastructure Act 1994 relating 12 to rail 13 Clause 66 Act amended 14 This part amends the Transport Infrastructure Act 1994. 15 Clause 67 Amendment of s 2 (Objectives of this Act) 16 Section 2(2)(d)(vi)-- 17 omit. 18 Clause 68 Amendment of s 20 (Transport GOCs) 19 (1) Section 20(1), `QR Limited and each'-- 20 omit, insert-- 21 `each rail GOC and each GOC'. 22 Page 48

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 69] (2) Section 20(2), `QR Limited or a'-- 1 omit, insert-- 2 `A rail GOC or a GOC'. 3 Clause 69 Insertion of new s 244A 4 After section 244-- 5 insert-- 6 `244A Duplicated and replacement rail infrastructure on 7 land 8 `(1) This section applies if at the commencement of this section-- 9 (a) rail transport infrastructure has been constructed or 10 installed on land mentioned in section 244(1)(a) or on 11 land adjacent to that land; and 12 (b) the rail transport infrastructure augments, duplicates or 13 replaces rail transport infrastructure to which section 14 244 applied. 15 `(2) After the commencement of this section-- 16 (a) the rail transport infrastructure may stay on the land; 17 and 18 (b) the railway manager may-- 19 (i) alter the rail transport infrastructure; and 20 (ii) manage the railway using the rail transport 21 infrastructure, whether or not altered; and 22 (iii) operate, or authorise a railway operator to operate, 23 rolling stock on the railway. 24 `(3) A person has no interest in, or right to, the rail transport 25 infrastructure (whether or not altered) on land only because 26 the person has an interest in the land.'. 27 Page 49

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 70] Clause 70 Omission of s 246 (Railway works on corridor land) 1 Section 246-- 2 omit. 3 Clause 71 Replacement of s 248 (QR Limited and wholly owned 4 subsidiaries not common carriers) 5 Section 248-- 6 omit, insert-- 7 `248 Rail GOC and wholly owned subsidiary not 8 common carrier 9 `Neither of the following is a common carrier-- 10 (a) a rail GOC; 11 (b) a wholly owned subsidiary of a rail GOC. 12 Note-- 13 See also section 561 in relation to QR Limited and subsidiaries of QR 14 Limited.'. 15 Clause 72 Amendment of s 260 (Works for existing railways) 16 (1) Section 260(2), (3), and (8), `QR Limited'-- 17 omit, insert-- 18 `The relevant railway manager'. 19 (2) Section 260(4), `QR Limited'-- 20 omit, insert-- 21 `the relevant railway manager'. 22 (3) Section 260(6), `QR Limited's'-- 23 omit, insert-- 24 `the relevant railway manager's'. 25 (4) Section 260(7), `QR Limited', first mention-- 26 omit, insert-- 27 Page 50

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 73] `The relevant railway manager'. 1 (5) Section 260(7)(a) and (b), `QR Limited'-- 2 omit, insert-- 3 `the relevant railway manager'. 4 (6) Section 260(9), `QR Limited'-- 5 omit, insert-- 6 `the relevant railway manager'. 7 (7) Section 260-- 8 insert-- 9 `(13) In this section-- 10 `relevant railway manager means the railway manager for the 11 existing railway.'. 12 Clause 73 Omission of s 260A (Transfer of obligations for existing 13 railway to new railway manager) 14 Section 260A-- 15 omit. 16 Clause 74 Replacement of ch 13 (Function of QR Limited) 17 Chapter 13-- 18 omit, insert-- 19 `Chapter 13 Shareholding requirements 20 and business location 21 obligations for QR National 22 `Part 1 Interpretation 23 Page 51

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 74] `438 Definitions for ch 13 1 `In this chapter-- 2 prohibited shareholding interest see section 438C. 3 QR National means the entity declared by the Treasurer under 4 section 438A. 5 relevant interest see section 438B(1). 6 relevant person means the Minister, a director of QR National 7 or a secretary of QR National. 8 `Part 2 Declaration of QR National 9 `438A Treasurer to declare QR National by gazette notice 10 `The Treasurer must, by gazette notice made within 6 months 11 after the commencement of this section, state the entity that is, 12 or is to be, the ultimate holding company of QR Limited ACN 13 124 649 967. 14 `Part 3 Regulation of shareholding 15 interests 16 `438B Matters relating to relevant interests in shares 17 `(1) For this part, a person has a relevant interest in a share only if 18 the person would be taken to have a relevant interest in the 19 share because of the Corporations Act, sections 608 and 609. 20 `(2) For this part, the voting power a person, including QR 21 National, has in QR National is the person's voting power 22 determined in accordance with the Corporations Act, section 23 610 as if a reference in that section to a relevant interest were 24 a reference to a relevant interest mentioned in subsection (1). 25 `(3) The Treasurer may, by gazette notice, provide that relevant 26 interests, or particular classes of relevant interests, in shares, 27 or in particular classes of shares, must be disregarded-- 28 Page 52

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 74] (a) in the circumstances and subject to any conditions stated 1 in the gazette notice; and 2 (b) for the purposes stated in the gazette notice. 3 `438C Prohibited shareholding interest 4 `(1) A person has a prohibited shareholding interest if the person 5 has a voting power of more than 15% in QR National. 6 `(2) A person must not have a prohibited shareholding interest. 7 `(3) For this part, QR National and subsidiaries of QR National are 8 taken not to have a prohibited shareholding interest. 9 `(4) QR National must take all reasonable steps to ensure that no 10 person obtains or maintains a prohibited shareholding interest. 11 `438D Power to require information relating to entitlement 12 to shares in QR National 13 `(1) A relevant person may, by notice in writing served on a person 14 who has, or is suspected by the relevant person of having, a 15 relevant interest in shares in QR National, require the person 16 to give information stated in the notice for the purpose of 17 determining whether that person or any other person has, or is 18 taking action to acquire, a prohibited shareholding interest. 19 `(2) A notice under subsection (1) may require the person on 20 whom the notice is served or, if that person is a corporation, a 21 director of the corporation, to verify by statutory declaration 22 any information given in compliance with the notice. 23 `438E Remedial orders 24 `(1) Subsection (2) applies if a person has, or is reasonably 25 suspected by a relevant person of having, a prohibited 26 shareholding interest. 27 `(2) The Supreme Court may, on an application made by the 28 Minister or QR National, make the orders the court considers 29 Page 53

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 74] appropriate to stop the person benefiting from that interest and 1 to procure compliance with this part, including the following 2 orders-- 3 (a) an order directing the disposal of shares; 4 (b) an order restraining the exercise of any rights attached to 5 shares; 6 (c) an order prohibiting or deferring the payment of any 7 sums due to a person in relation to shares held by the 8 person; 9 (d) an order that any exercise of rights attached to shares 10 has no effect. 11 `(3) Without limiting the orders the Supreme Court may make 12 under subsection (2), the court may-- 13 (a) for the purpose of procuring compliance with any other 14 order made under this section, make an order directing 15 any person to do or refrain from doing a stated act; and 16 (b) make an order containing the ancillary or consequential 17 provisions the court thinks fit. 18 `(4) The Supreme Court may, before making an order under this 19 section, direct that either or both of the following happen-- 20 (a) notice of the application be given to the persons the 21 court thinks fit; 22 (b) notice of the application be published in the manner the 23 court thinks fit. 24 `(5) The Supreme Court may, by order, rescind, vary, discharge or 25 suspend the operation of an order made by it under this 26 section. 27 Page 54

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 74] `Part 4 Business location obligations 1 `438F Business location obligations 2 `(1) QR National must-- 3 (a) ensure at least half of the board meetings of QR 4 National in each year are held in Queensland; and 5 (b) ensure the central management and control of QR 6 National is ordinarily exercised in Queensland, 7 including through maintaining in Queensland the 8 principal operational offices of the following company 9 personnel, however described-- 10 (i) managing director; 11 (ii) chief executive officer; 12 (iii) chief financial officer; 13 (iv) company secretary; and 14 (c) ensure corporate services are provided through offices in 15 Queensland to the extent the corporate services 16 primarily relate to the operations of QR National and its 17 subsidiaries undertaken in Queensland; and 18 (d) ensure QR National's annual general meeting is held in 19 Queensland at least every 2 years; and 20 (e) maintain a substantial operational presence in 21 Queensland. 22 `(2) For subsection (1)(e), QR National maintains a substantial 23 operational presence in Queensland if QR National and its 24 subsidiaries have the following operations undertaken 25 principally in Queensland-- 26 (a) the operation and maintenance of rail track 27 infrastructure located in Queensland; 28 (b) the operation and maintenance of rolling stock primarily 29 used in Queensland; 30 Page 55

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 75] (c) the provision of services directly associated with the 1 operations mentioned in paragraphs (a) and (b).'. 2 Clause 75 Amendment of s 486 (Application of Judicial Review Act 3 1991) 4 (1) Section 486, heading, after `1991'-- 5 insert-- 6 `to a transport GOC'. 7 (2) Section 486(3), definition transport GOC, `a GOC'-- 8 omit, insert-- 9 `a rail GOC, a GOC port authority, or another GOC'. 10 Clause 76 Omission of s 550 (Application of s 260A in relation to 11 transfer of sublease 701720343) 12 Section 550-- 13 omit. 14 Clause 77 Insertion of new ch 19 15 After chapter 18-- 16 insert-- 17 `Chapter 19 Transitional provisions for 18 members of QR Group 19 `559 Definitions for ch 19 20 `In this chapter-- 21 commencement means the commencement of this chapter. 22 member of QR Group means QR Limited or a related body 23 corporate of QR Limited. 24 Page 56

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 17 Amendments of Transport Infrastructure Act 1994 relating to rail [s 78] `560 Application of Judicial Review Act 1991 to member 1 of QR Group during interim period 2 `(1) The Judicial Review Act 1991 does not apply to a decision of a 3 member of QR Group made during the interim period in 4 carrying out any activity. 5 `(2) In this section-- 6 change of ownership means the beginning of the day notified 7 by the Treasurer for this chapter. 8 interim period means the period from the commencement to 9 the change of ownership. 10 `561 Member of QR Group as common carrier 11 `(1) Subsection (2) applies to a contract for the carriage of persons 12 or things entered into by a member of QR Group before the 13 commencement. 14 `(2) A member of QR Group is taken not to be a common carrier 15 under the contract unless the contract states that the member 16 of QR Group is a common carrier. 17 `(3) This section applies despite section 248.'. 18 Clause 78 Amendment of sch 6 (Dictionary) 19 (1) Schedule 6-- 20 insert-- 21 `member of QR Group, for chapter 19, see section 559. 22 prohibited shareholding interest, for chapter 13, see section 23 438. 24 QR National, for chapter 13, see section 438. 25 rail GOC means a GOC the principal business of which is to 26 do either or both of the following-- 27 (a) manage a railway; 28 (b) operate rolling stock on a railway. 29 Page 57

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 79] relevant interest, for chapter 13, see section 438.'. 1 (2) Schedule 6, definition commencement-- 2 omit, insert-- 3 `commencement-- 4 `(a) for chapter 18, part 3, see section 521; or 5 (b) for chapter 18, part 5, see section 532; or 6 (c) for chapter 19, see section 559.'. 7 (3) Schedule 6-- 8 insert-- 9 `relevant person, for chapter 13, see section 438.'. 10 Part 18 Amendment of Transport 11 Infrastructure Act 1994 relating 12 to Port of Brisbane 13 Clause 79 Act amended 14 This part amends the Transport Infrastructure Act 1994. 15 Clause 80 Amendment of s 267 (Definitions for chapter) 16 (1) Section 267, definitions charge and port area-- 17 omit. 18 (2) Section 267-- 19 insert-- 20 `charge means an amount charged by a port authority or 21 relevant entity. 22 Page 58

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 80] completion day, in relation to the Port of Brisbane, means the 1 beginning of the day of the first declaration of a port lessee for 2 the port under section 289Y. 3 Land Act means the Land Act 1994. 4 lease includes a sublease. 5 port agreement see section 279B. 6 port area see section 267AA. 7 port entity-- 8 (a) in relation to a port, other than the Port of Brisbane, 9 means the port authority; or 10 (b) in relation to the Port of Brisbane, means each of the 11 following-- 12 (i) the port lessor; 13 (ii) a port lessee; 14 (iii) a port manager. 15 port lessee means an entity declared to be a port lessee under 16 section 289Y. 17 port lessor means an entity declared to be the port lessor 18 under section 289Y. 19 port manager means an entity appointed as a port manager 20 under section 289ZA. 21 port operator means-- 22 (a) a port lessee or port manager to whom functions have 23 been delegated under section 289Z; or 24 (b) otherwise--the port lessor. 25 port services includes the following services relating to the 26 management of a port area or port facilities-- 27 (a) monitoring and management of the movement of 28 vessels, vehicles, goods and people in the port area; 29 (b) services in relation to port facilities; 30 Page 59

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 80] (c) services in relation to dredging; 1 (d) services in relation to reclaiming land; 2 (e) management, monitoring or administration of the use of, 3 and access to, port facilities; 4 (f) security services and security monitoring services in the 5 port area; 6 (g) services relating to the safety of persons or things in the 7 port area; 8 (h) services relating to the preservation of the environment; 9 (i) issuing, and monitoring the use of, security 10 identification; 11 (j) traffic control services; 12 (k) emergency services; 13 (l) processing applications, reporting information and 14 attending to other administrative matters for the 15 management of the port. 16 port user includes the following-- 17 (a) the owner, master or agent of the owner of a vessel or 18 vehicle using port facilities or port services; 19 (b) the owner, consignor or consignee or person entitled to 20 possession of goods located in or passing through the 21 port area; 22 (c) the agent of a person mentioned in paragraph (b); 23 (d) a lessee or licensee of any part of the port area (other 24 than a port operator or the port lessor) and their invitees. 25 relevant entity see section 279A(1). 26 sublease includes the following-- 27 (a) any derivative under lease; 28 (b) a concurrent lease; 29 (c) a concurrent lease of any derivative under lease. 30 Page 60

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 81] trade lease means a lease of land under the Land Act that was 1 transferred, whether before or after the commencement of 2 section 477C, from the Port of Brisbane Corporation to the 3 Urban Land Development Authority under the Infrastructure 4 Investment (Asset Restructuring and Disposal) Act 2009. 5 vessel includes a boat, ship, seaplane, hovercraft or 6 amphibious craft.'. 7 Clause 81 Insertion of new s 267AA 8 After section 267-- 9 insert-- 10 `267AA Meaning of port area 11 `(1) Port area-- 12 (a) of a port authority for a port, means the area of its 13 strategic port land and port facilities, and within its port 14 limits; or 15 (b) of a port entity other than a port authority, means each of 16 the following-- 17 (i) the area of Brisbane core port land; 18 (ii) the area of its port facilities; 19 (iii) the area within its port limits; 20 (iv) another area prescribed by regulation. 21 `(2) However, a port area mentioned in subsection (1)(b) does not 22 include an area prescribed by regulation not to be part of the 23 port area for that port. 24 `(3) A regulation may define or amend the limits of the Port of 25 Brisbane.'. 26 Clause 82 Replacement of s 267A (Meaning of port facilities) 27 Section 267A-- 28 omit, insert-- 29 Page 61

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 82] `267A Meaning of port facilities 1 `(1) Port facilities-- 2 (a) of a port authority, means the facilities or land that are-- 3 (i) owned or controlled by-- 4 (A) the port authority; or 5 (B) if the port authority is a GOC port 6 authority--a wholly owned subsidiary of the 7 port authority; and 8 (ii) used in the operation or strategic management of 9 the port authority's port; or 10 (b) of a port entity other than a port authority, means the 11 facilities or land that are-- 12 (i) owned or controlled by a port entity other than a 13 port authority, or leased or licensed to or occupied 14 by, or constructed, managed, provided or 15 maintained by a port entity other than a port 16 authority; and 17 (ii) used or intended to be used in connection with the 18 management, operation, development, 19 maintenance of, or access to, the port entity's port. 20 `(2) For subsection (1)(b), a lease or licence of land or facilities 21 granted, or other provision for the use of or access to land or 22 facilities made, by a port entity other than a port authority for 23 the benefit of a person is to be disregarded. 24 `(3) Port facilities for a port entity other than a port authority also 25 include land or facilities prescribed by regulation to be port 26 facilities. 27 `(4) Port facilities for a port entity other than a port authority do 28 not include land or facilities prescribed by regulation not to be 29 port facilities. 30 Examples of port facilities-- 31 · wharf and port marine operational areas and shipping channels 32 within port limits 33 Page 62

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 83] · marine and port structures 1 · berths and berth pockets 2 · ship building facilities and dry docks 3 · offshore structures used for shipping purposes 4 · wharf protection devices 5 · hydraulic structures 6 · bulk loading and unloading facilities 7 · boat harbours and boat ramps 8 · vehicle and railway ferry terminals, oil and liquid product terminals 9 and other terminals within the port area 10 · access roads and rail corridors 11 · roads, access corridors and flyovers 12 · conveyors 13 · pipelines 14 · weighbridges 15 · monitoring facilities 16 · security facilities 17 · communication facilities 18 · material handling or disposal areas 19 · vehicle parking facilities 20 · an airport 21 · public, community and visitor facilities 22 · partially completed reclamation areas in areas designated as future 23 strategic port land 24 · partially completed port facilities'. 25 Clause 83 Amendment of s 274 (Regulation may define port limits 26 etc.) 27 Section 274(a), after `port'-- 28 Page 63

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 84] insert-- 1 `, other than the Port of Brisbane'. 2 Clause 84 Amendment of s 275 (Functions of port authorities) 3 (1) Section 275(1)(f)(ii)-- 4 omit. 5 (2) Section 275(1)(f)(iii), `and Port of Brisbane Corporation 6 Limited'-- 7 omit. 8 (3) Section 275(1)(f)(iii), `subparagraphs (i) and (ii)'-- 9 omit, insert-- 10 `subparagraph (i)'. 11 (4) Section 275(4), definition Port of Brisbane Corporation 12 Limited-- 13 omit. 14 Clause 85 Amendment of s 277 (Powers of port authorities subject 15 to Marine Safety Act) 16 (1) Section 277, heading, after `port authorities'-- 17 insert-- 18 `or port lessor'. 19 (2) Section 277(1), after `port authority'-- 20 insert-- 21 `or port lessor'. 22 Clause 86 Insertion of new ss 279A and 279B 23 After section 279-- 24 insert-- 25 Page 64

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 86] `279A Relevant entity may impose charges 1 `(1) The port lessor, a port lessee or a port manager (a relevant 2 entity) may impose charges in relation to port services and 3 port facilities, including in relation to-- 4 (a) the acquisition, establishment, construction, 5 improvement, operation and maintenance of port 6 facilities; and 7 (b) works relating to port facilities including dredging and 8 disposal of dredged material and reclamation of land. 9 `(2) Subsection (1) is subject to-- 10 (a) any conditions or limitations on charges in any port 11 agreement to which the relevant entity is a party; and 12 (b) any agreement between the relevant entity and a port 13 user. 14 `(3) The relevant entity must maintain a website and must publish 15 its standard charges and conditions on the website. 16 `(4) A charge may not be imposed on a person who is exempt from 17 payment of the charge under-- 18 (a) subject to section 279B(4), a port agreement to which 19 the relevant entity is a party; or 20 (b) a regulation made under section 281C. 21 `(5) This section does not limit the powers or rights that the 22 relevant entity has apart from this section, except to the extent 23 stated in this section. 24 `279B Port agreement 25 `(1) The Minister may, for the State, enter into an agreement (a 26 port agreement) with a relevant entity about charges imposed 27 by the relevant entity under section 279A. 28 `(2) Without limiting subsection (1), a port agreement may-- 29 Page 65

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 87] (a) provide for exemptions, or partial exemptions, from 1 payment of charges, including interest on charges, 2 imposed by the relevant entity; or 3 (b) impose obligations or conditions in relation to the 4 provision of port services or port facilities or the 5 exercise of powers by the relevant entity under section 6 279A. 7 Example-- 8 A port agreement may oblige a relevant entity to undertake 9 stated capital or maintenance works as a condition of imposing 10 charges. 11 `(3) Subsection (2)(a) does not limit the power of a relevant entity 12 to otherwise exempt or partially exempt a person from a 13 charge, including any interest on a charge, imposed by the 14 relevant entity. 15 `(4) If there is an inconsistency between the port agreement and a 16 regulation made under section 281C, the regulation prevails to 17 the extent of the inconsistency. 18 `(5) The Minister must table each port agreement, and each 19 amendment of a port agreement, in the Legislative Assembly 20 as soon as practicable after it is entered into. 21 `(6) In this section-- 22 Minister means the Minister who administers this section or 23 the Treasurer.'. 24 Clause 87 Amendment of s 281C (Payment of a charge and interest 25 on an unpaid charge) 26 (1) Section 281C(1), after `port authority'-- 27 insert-- 28 `or relevant entity'. 29 (2) Section 281C(1), `the authority'-- 30 omit, insert-- 31 Page 66

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 88] `the port authority or relevant entity'. 1 (3) Section 281C(2), `the authority'-- 2 omit, insert-- 3 `the port authority or relevant entity'. 4 (4) Section 281C(3), after `port authority'-- 5 insert-- 6 `or relevant entity'. 7 (5) Section 281C(5), after `port authority'-- 8 insert-- 9 `or relevant entity'. 10 Clause 88 Amendment of s 281D (Liability for movement of ships, 11 vehicles, goods or rolling stock) 12 (1) Section 281D(1), after `a port authority'-- 13 insert-- 14 `or port operator'. 15 (2) Section 281D(1), after `the port authority'-- 16 insert-- 17 `or port lessor'. 18 (3) Section 281D(2), after `the port authority'-- 19 insert-- 20 `or port operator'. 21 Clause 89 Amendment of s 281E (Liability for damage to port 22 authority's port facilities) 23 (1) Section 281E, heading, `port authority's'-- 24 omit. 25 (2) Section 281E(1) and (2), `a port authority's'-- 26 Page 67

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 90] omit. 1 (3) Section 281E(3)-- 2 omit, insert-- 3 `(3) A port entity may recover its reasonable cost of rectifying the 4 damage as a debt payable to the entity.'. 5 Clause 90 Amendment of s 281F (Security for payment of charges 6 and potential liabilities) 7 (1) Section 281F, `port authority'-- 8 omit, insert-- 9 `port entity'. 10 (2) Section 281F(1), after `be incurred,'-- 11 insert-- 12 `to it'. 13 (3) Section 281F(6), `under'-- 14 omit, insert-- 15 `to it under'. 16 Clause 91 Amendment of s 282 (Port authority may control activities 17 by port notice) 18 (1) Section 282, heading, after `Port authority'-- 19 insert-- 20 `or port lessor'. 21 (2) Section 282, after `port authority'-- 22 insert-- 23 `or port lessor'. 24 (3) Section 282(1)(b) and (2)(e), after `land'-- 25 Page 68

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 92] insert-- 1 `or Brisbane core port land'. 2 Clause 92 Insertion of new s 282AA 3 After section 282-- 4 insert-- 5 `282AA Port lessor may give port notice requiring information 6 `(1) The port lessor may display or publish a port notice requiring 7 a person or class of persons to produce to the port lessor or 8 port lessor's delegate, information relevant to the following-- 9 (a) the provision or use of port services; 10 (b) the calculation of charges; 11 (c) the provision, use or preservation of port facilities; 12 (d) the management, operation, safety, security or efficiency 13 of the port; 14 (e) information requested by a Commonwealth or State 15 entity. 16 `(2) For subsection (1), the information requested may include the 17 following-- 18 (a) a description of vessels, vehicles, goods and 19 commodities entering or located in the port area; 20 (b) data about the movement of vessels, vehicles or 21 passengers and the movement and storage of goods and 22 commodities; 23 (c) information about the efficiency of operations and other 24 logistical matters.'. 25 Clause 93 Amendment of s 282A (Port notice--movement or 26 mooring of, or activities on or by, ships) 27 Section 282A, after `port authority'-- 28 Page 69

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 94] insert-- 1 `or port lessor'. 2 Clause 94 Amendment of s 282C (Port notice--movement, handling 3 or storage of goods) 4 Section 282C, after `port authority'-- 5 insert-- 6 `or port lessor'. 7 Clause 95 Amendment of s 282D (Port notice--movement of 8 persons) 9 Section 282D, after `port authority'-- 10 insert-- 11 `or port lessor'. 12 Clause 96 Amendment of s 282E (Port notice--parking or stopping 13 of vehicles) 14 (1) Section 282E(1), after `port authority'-- 15 insert-- 16 `or port lessor'. 17 (2) Section 282E(1), `or strategic port land'-- 18 omit, insert-- 19 `, strategic port land or Brisbane core port land'. 20 (3) Section 282E(2), after `port authority's'-- 21 insert-- 22 `or port lessor's'. 23 Page 70

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 97] Clause 97 Amendment of s 282F (Port notice--movement, stopping 1 or parking of rolling stock) 2 Section 282F, after `port authority'-- 3 insert-- 4 `or port lessor'. 5 Clause 98 Amendment of s 282G (Display or publication of port 6 notices) 7 (1) Section 282G(1)(b), after `port authority's'-- 8 insert-- 9 `, port lessor's or port lessor's delegate's'. 10 (2) Section 282G(2), after `port authority'-- 11 insert-- 12 `or port lessor'. 13 (3) Section 282G(3), after `port authority'-- 14 insert-- 15 `, port lessor or port lessor's delegate'. 16 Clause 99 Amendment of s 282H (Port notice may refer to 17 documents held by port authority) 18 (1) Section 282H, heading, after `port authority'-- 19 insert-- 20 `, port lessor or port lessor's delegate'. 21 (2) Section 282H(1), (3) and (4), after `port authority'-- 22 insert-- 23 `, port lessor or port lessor's delegate'. 24 Page 71

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 100] Clause 100 Amendment of s 282I (Port notices generally) 1 Section 282I(2), after `port authority'-- 2 insert-- 3 `or port lessor'. 4 Clause 101 Amendment of s 282K (Appointment and qualifications of 5 authorised officers) 6 Section 282K, after `port authority'-- 7 insert-- 8 `or port lessor'. 9 Clause 102 Amendment of s 282L (Appointment conditions and limit 10 on powers) 11 Section 282L(3), definition signed notice, from `signed by'-- 12 omit, insert-- 13 `signed by-- 14 (a) the port lessor or port lessor's delegate; or 15 (b) an officer of the port authority, port lessor or port 16 lessor's delegate who is authorised by the entity to sign 17 notices.'. 18 Clause 103 Amendment of s 282M (Issue of identity card) 19 Section 282M, after `port authority'-- 20 insert-- 21 `or port lessor'. 22 Clause 104 Amendment of s 282P (Return of identity card) 23 (1) Section 282P, after `a port authority'-- 24 insert-- 25 Page 72

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 105] `or port lessor'. 1 (2) Section 282P, after `the port authority'-- 2 insert-- 3 `, port lessor or port lessor's delegate'. 4 Clause 105 Amendment of s 282Q (Authorised officer may give 5 directions) 6 (1) Section 282Q(1), after `port authority'-- 7 insert-- 8 `or port lessor'. 9 (2) Section 282Q(1), after `the port authority's', first mention-- 10 insert-- 11 `or port lessor's'. 12 (3) Section 282Q(1)(a) and (2)(b), `the port authority's'-- 13 omit, insert-- 14 `a port entity's'. 15 Clause 106 Amendment of s 282T (Moving contravening property) 16 (1) Section 282T(1), after `port authority'-- 17 insert-- 18 `or port lessor'. 19 (2) Section 282T(1)(b)(ii), `the port authority's'-- 20 omit, insert-- 21 `a port entity's'. 22 Clause 107 Amendment of s 283 (Power to require name and 23 address) 24 (1) Section 283(1), after `port authority'-- 25 Page 73

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 108] insert-- 1 `or port lessor'. 2 (2) Section 283(1), after `port authority's'-- 3 insert-- 4 `or port lessor's'. 5 Clause 108 Amendment of s 283A (Inspection of documents) 6 (1) Section 283A(1), after `a port authority'-- 7 insert-- 8 `or port lessor'. 9 (2) Section 283A(1), after `the port authority'-- 10 insert-- 11 `or a relevant entity'. 12 Clause 109 Amendment of s 283B (Inspection of ships, vehicles, 13 rolling stock and goods) 14 (1) Section 283B(1), after `port authority'-- 15 insert-- 16 `or port lessor'. 17 (2) Section 283B(2), after `port authority's'-- 18 insert-- 19 `or port lessor's'. 20 Clause 110 Amendment of s 283C (Obstructing authorised officer) 21 Section 283C(1), after `port authority's'-- 22 insert-- 23 `or port lessor's'. 24 Page 74

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 111] Clause 111 Amendment of s 283G (Conduct causing public 1 nuisance) 2 Section 283G, after `port authority's'-- 3 insert-- 4 `or port lessor's'. 5 Clause 112 Amendment of s 283H (Interfering with port notices) 6 Section 283H(1), after `port authority's'-- 7 insert-- 8 `, port lessor's or port lessor's delegate's'. 9 Clause 113 Insertion of new ch 8, pt 3C 10 Chapter 8-- 11 insert-- 12 `Part 3C Land management--Port of 13 Brisbane 14 `Division 1 Preliminary 15 `283I Definitions for pt 3C 16 `In this part-- 17 balance port land see section 283L. 18 Brisbane core port land see section 283K. 19 Brisbane port LUP means the plan, approved under this part, 20 that regulates development on Brisbane core port land. 21 Brisbane port railway land means-- 22 (a) any part of Brisbane core port land that is leased for 23 railway purposes; or 24 Page 75

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (b) any land completely or partly within Brisbane core port 1 land, or adjoining Brisbane core port land, if the land 2 is-- 3 (i) rail corridor land; or 4 (ii) future railway land. 5 community infrastructure designation means a designation 6 of land for community infrastructure under the Planning Act, 7 section 200. 8 consultation period see section 283ZB(2)(f). 9 contributions schedule see section 283S(1)(g). 10 core matters, for the Brisbane port LUP (including its 11 preparation), means each of the following matters-- 12 (a) land use and development; 13 (b) core port infrastructure; 14 (c) valuable features. 15 core port infrastructure means core port infrastructure stated 16 in schedule 5B, part 2. 17 draft plan see section 283ZA. 18 first Brisbane port LUP means the first Brisbane port LUP as 19 published under section 283Q(1). 20 former land use plan means the land use plan under this Act 21 for the Port of Brisbane in effect immediately before the 22 completion day. 23 high-water mark means the ordinary high-water mark at 24 spring tides. 25 land use and development, for an area, includes each of the 26 following-- 27 (a) the location of, and the relationships between, the land 28 uses in the area; 29 (b) the current effects of land use in the area; 30 Page 76

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (c) the likely effects of any proposed development of 1 Brisbane core port land; 2 (d) the accessibility to, and within, Brisbane core port land. 3 minor amendment (LUP), for the Brisbane port LUP, 4 means-- 5 (a) an amendment correcting or changing any of the 6 following-- 7 (i) an explanatory matter about the plan, this Act or 8 the Planning Act; 9 (ii) the format or presentation of the plan; 10 (iii) a spelling, typographical, grammatical or mapping 11 error in the plan; 12 (iv) a factual matter incorrectly stated in the plan; 13 (v) a redundant or outdated term; 14 (vi) inconsistent numbering of provisions in the plan; 15 (vii) cross-references to provisions in the plan; 16 (viii) a matter in the Brisbane port LUP to make it 17 consistent with a State planning regulatory 18 provision, a regional plan or a State planning 19 policy under the Planning Act; or 20 (b) an amendment to include a statement in the plan that a 21 State planning instrument, or a part of a State planning 22 instrument, is appropriately reflected in the plan, if the 23 planning Minister has advised the port operator that the 24 planning Minister is satisfied the Brisbane port LUP 25 reflects the instrument; or 26 (c) an amendment the planning Minister and transport 27 Minister agree is made to reflect-- 28 (i) a development approval; or 29 (ii) a community infrastructure designation; or 30 Page 77

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (iii) transport infrastructure or planned transport 1 infrastructure. 2 plan commencement day see section 283R. 3 planned transport infrastructure means future transport 4 infrastructure that is-- 5 (a) planned under the Brisbane port LUP; or 6 (b) authorised under a development approval or mentioned 7 in a community infrastructure designation; or 8 (c) planned under a State planning instrument; or 9 (d) any of the following identified in a guideline made 10 under the Transport Planning and Coordination Act 11 1994, section 8E-- 12 (i) a future busway station; 13 (ii) a future railway passenger station for the network 14 known as Citytrain; 15 (iii) a future passenger transport interchange facility; 16 (iv) a future route for public transport; or 17 (e) future railway land; or 18 (f) a road or land that the chief executive has notified a 19 local government in writing is intended to become a 20 State-controlled road. 21 planning chief executive means the chief executive of the 22 department in which the Planning Act is administered. 23 planning Minister means the Minister administering the 24 Planning Act. 25 port prohibited development means-- 26 (a) port prohibited development stated in schedule 5B, part 27 3; or 28 (b) development that is stated in the Brisbane port LUP to 29 be port prohibited development for the plan or a 30 precinct. 31 Page 78

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] port related development means port related development 1 stated in schedule 5B, part 4. 2 precinct means an area marked on a map in the Brisbane port 3 LUP and for which a table of assessment is identified in the 4 plan. 5 premises see the Planning Act, schedule 3. 6 priority infrastructure interface plan, for the Brisbane port 7 LUP, means a document prepared by or for the port operator 8 describing how development that is consistent with the 9 Brisbane port LUP is intended to coordinate with the priority 10 infrastructure plan of the Brisbane City Council for the types 11 of local government infrastructure relevant to Brisbane core 12 port land. 13 priority infrastructure plan, of a local government, means the 14 local government's priority infrastructure plan under the 15 Planning Act. 16 properly made submission means a submission that-- 17 (a) is in writing and, unless the submission is made 18 electronically, is signed by each person who made the 19 submission; and 20 (b) is given to all of the following-- 21 (i) the port operator; 22 (ii) the planning Minister; 23 (iii) the transport Minister; and 24 (c) is received during the consultation period; and 25 (d) states the name and residential or business address of 26 each person who made the submission; and 27 (e) states the grounds of the submission and the facts and 28 circumstances relied on in support of the grounds. 29 registered interest means an interest registered in-- 30 Page 79

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (a) the freehold land register; or 1 (b) the leasehold land register under the Land Act. 2 service provider means an entity that is a service provider 3 under the Water Supply (Safety and Reliability) Act 2008. 4 State interest see the Planning Act, schedule 3. 5 State planning instrument means a State planning instrument 6 under the Planning Act. 7 statement of proposal see section 283Y(1). 8 strategic plan, for the Brisbane port LUP, see section 283S(2). 9 table of assessment, for a precinct, means a statement in the 10 Brisbane port LUP for the precinct as to whether particular 11 development in the precinct is any of the following-- 12 (a) exempt development, self-assessable development, 13 development requiring compliance assessment or 14 assessable development for the Planning Act under the 15 Brisbane port LUP; 16 (b) port prohibited development; 17 (c) development that is consistent or inconsistent with the 18 Brisbane port LUP. 19 transport Minister means the Minister administering this Act. 20 transport reasons means all of the following-- 21 (a) the objectives of this Act; 22 (b) the elements of the strategic plan for the Brisbane port 23 LUP relating to-- 24 (i) planning for core port infrastructure, port related 25 development and other transport infrastructure; 26 and 27 (ii) maintaining buffer land for the infrastructure or 28 development; 29 Page 80

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (c) the safety and operational integrity of core port 1 infrastructure and planned core port infrastructure 2 identified under the Brisbane port LUP; 3 (d) the safety and operational integrity of transport 4 infrastructure and planned transport infrastructure not 5 mentioned in paragraph (c); 6 (e) any matter for which the chief executive of the 7 department in which this Act or any of the following 8 Acts is administered has jurisdiction as a referral agency 9 under the Planning Act-- 10 (i) the Transport Planning and Coordination Act 11 1994; 12 (ii) the Transport Operations (Marine Safety) Act 13 1994. 14 valuable features see the Planning Act, section 89(2). 15 `283J Treasurer may declare land to be Brisbane core port 16 land or balance port land 17 `The Treasurer may by gazette notice-- 18 (a) declare land to be Brisbane core port land for the first 19 Brisbane port LUP; and 20 (b) on or before the day Brisbane core port land is declared 21 under paragraph (a), declare land to be balance port 22 land. 23 `283K What is Brisbane core port land 24 `Brisbane core port land means-- 25 (a) for the first Brisbane port LUP--land the Treasurer 26 declares to be Brisbane core port land under section 27 283J; or 28 (b) after the day the first Brisbane port LUP has effect-- 29 Page 81

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (i) land identified in the Brisbane port LUP as 1 Brisbane core port land; or 2 (ii) land that is subject to a table of assessment for a 3 precinct, if the port lessee or port lessor has a 4 registered interest in the land. 5 `283L What is balance port land 6 `Balance port land means land the Treasurer declares to be 7 balance port land under section 283J. 8 `283M Application of Planning Act 9 `(1) Subject to this part, the Planning Act applies for development 10 on Brisbane core port land and balance port land. 11 `(2) If there is an inconsistency between this part and the Planning 12 Act, this part prevails to the extent of the inconsistency. 13 `(3) If development is stated to be development of a particular type 14 for the Planning Act under the Brisbane port LUP, the 15 development is taken to be development of that type under 16 that Act. 17 `(4) Other than as provided for under this part, a development 18 application for development that is assessable development 19 for the Planning Act under the Brisbane port LUP is not 20 subject to a referral agency jurisdiction under that Act. 21 Note-- 22 See sections 283ZQ to 283ZY for referral agencies, and their 23 jurisdictions relating to development applications for development 24 under the Brisbane port LUP. 25 `283N Brisbane core port land not subject to local planning 26 instrument 27 `Brisbane core port land is not subject to a local planning 28 instrument under the Planning Act. 29 Page 82

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `Division 2 Particular provisions about balance 1 port land and planning schemes 2 `283O Balance port land is not strategic port land 3 `If strategic port land is declared to be balance port land under 4 section 283L, it stops being strategic port land. 5 `283P Amendment of planning schemes 6 `(1) The Treasurer may, by gazette notice on or before the day land 7 is declared to be Brisbane core port land under section 283J, 8 amend the planning schemes of the following local 9 governments for the purpose of dealing with balance port land 10 under the planning schemes-- 11 (a) Brisbane City Council; 12 (b) Moreton Bay Regional Council. 13 `(2) The gazette notice may provide for an amendment of a 14 planning scheme to deal with balance port land that-- 15 (a) is not a part of the area of a local government; and 16 (b) adjoins the area of a local government. 17 `(3) The local government is the assessment manager for a 18 development application for development on the balance port 19 land dealt with by the gazette notice. 20 `(4) A planning scheme as amended under this section-- 21 (a) applies to the balance port land dealt with under the 22 planning scheme; and 23 (b) may be amended under the Planning Act. 24 Page 83

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `Division 3 Plan for land use on Brisbane core 1 port land 2 `Subdivision 1 First Brisbane port LUP 3 `283Q Notice of first plan 4 `(1) The Treasurer must, on or as soon as practicable after the 5 completion day, publish notice in the gazette of the plan for 6 land use (the first Brisbane port LUP) for Brisbane core port 7 land. 8 `(2) Section 283S, other than section 283S(1)(h), applies to the 9 first Brisbane port LUP. 10 `(3) The Treasurer may act under subsection (1) only if satisfied-- 11 (a) the first Brisbane port LUP satisfactorily deals with the 12 core matters relevant to the plan; and 13 (b) State interests will not be adversely affected by the plan. 14 `(4) The Treasurer must give a copy of the gazette notice and the 15 first Brisbane port LUP to-- 16 (a) the port operator; and 17 (b) Brisbane City Council. 18 `(5) On and from the day the notice mentioned in subsection (1) is 19 published in the gazette-- 20 (a) the former land use plan is of no force or effect for 21 Brisbane core port land; and 22 (b) strategic port land that has been declared to be Brisbane 23 core port land stops being strategic port land. 24 `283R Status of first plan 25 `The first Brisbane port LUP-- 26 Page 84

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (a) has effect as the Brisbane port LUP for Brisbane core 1 port land on and from the day notice of the plan is 2 published in the gazette (the plan commencement day); 3 and 4 (b) is taken to be the Brisbane port LUP approved under this 5 division until it is replaced or amended under the 6 division. 7 `Subdivision 2 Content and review of Brisbane port 8 LUP 9 `283S Content of plan--mandatory requirements 10 `(1) The Brisbane port LUP must, for Brisbane core port land-- 11 (a) include a part outlining, by way of concept plans and 12 words, for a period of at least 20 years after the plan 13 commencement day-- 14 (i) planning for core port infrastructure and proposed 15 port related development for the land; and 16 (ii) anticipated infrastructure requirements relating to 17 development mentioned in subparagraph (i); and 18 (b) include a part identifying the strategic outcomes for the 19 land and stating measures that facilitate achieving the 20 strategic outcomes; and 21 (c) state details of the land and the current and intended 22 uses of the land; and 23 (d) coordinate and integrate the core matters relevant to the 24 plan; and 25 (e) integrate matters relevant to the land under the regional 26 plan and State planning policies under the Planning Act; 27 and 28 (f) outline existing land uses for land (adjacent land) 29 adjoining or neighbouring Brisbane core port land and 30 Page 85

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] how the adjacent land is dealt with by the planning 1 scheme for the adjacent land; and 2 (g) include a schedule of charges (a contributions 3 schedule) under which a contribution may be required 4 by a condition imposed on a development approval 5 under section 283ZZ; and 6 (h) include a priority infrastructure interface plan for the 7 land. 8 Note-- 9 Subsection (1)(h) does not apply to the first Brisbane port LUP. See 10 section 283Q(2). 11 `(2) The parts of the Brisbane port LUP mentioned in subsection 12 (1)(a) and (b) are called the strategic plan. 13 `(3) The other parts of the Brisbane port LUP must be consistent 14 with the strategic plan. 15 `(4) For subsection (1)(b), measures facilitating achievement of 16 the strategic outcomes include the identification of-- 17 (a) exempt development, self-assessable development or 18 development requiring compliance assessment for the 19 Planning Act under the Brisbane port LUP; or 20 (b) assessable development for the Planning Act under the 21 Brisbane port LUP requiring code or impact assessment; 22 or 23 (c) port prohibited development. 24 `(5) Without limiting subsection (1), the Brisbane port LUP 25 may-- 26 (a) state that particular development is inconsistent with the 27 plan, or a part of the plan relating to a particular 28 precinct, for transport reasons; or 29 (b) state that any part of Brisbane core port land is intended 30 to be maintained as buffer land; or 31 (c) include details of any land proposed to become part of 32 Brisbane core port land. 33 Page 86

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283T Content of plan--matters about development 1 `(1) The Brisbane port LUP may state that development on 2 Brisbane core port land, or in a precinct, is port prohibited 3 development. 4 `(2) Also, the Brisbane port LUP may state-- 5 (a) that development is consistent or inconsistent with the 6 plan or a part of the plan relating to a particular precinct; 7 and 8 (b) the reasons that development is inconsistent with the 9 plan or the part. 10 `(3) The Brisbane port LUP may state that development that is a 11 material change of use of premises for core port infrastructure 12 and is consistent with the plan for a precinct is, within that 13 precinct, exempt development or self-assessable development 14 for the Planning Act under the plan. 15 `(4) The Brisbane port LUP may state that development that is a 16 material change of use of premises for port related 17 development and is consistent with the plan for a precinct is, 18 within that precinct, exempt development, self-assessable 19 development, development requiring compliance assessment, 20 or assessable development requiring code assessment for the 21 Planning Act under the plan. 22 `(5) However, the Brisbane port LUP must not state that-- 23 (a) port prohibited development stated in schedule 5B is 24 exempt development, self-assessable development, 25 development requiring compliance assessment or 26 assessable development for the Planning Act; or 27 (b) development prescribed under the Planning Act, section 28 232(2) is self-assessable development, development 29 requiring compliance assessment or assessable 30 development for the Planning Act; or 31 (c) any of the following development is assessable 32 development or port prohibited development for the 33 Planning Act under the plan-- 34 Page 87

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (i) development that is a material change of use of 1 premises for core port infrastructure and is 2 consistent with the plan; 3 (ii) self-assessable development prescribed under the 4 Planning Act, section 232(1); or 5 (d) development that is a material change of use of premises 6 for port related development, and is consistent with the 7 plan, is assessable development requiring impact 8 assessment or port prohibited development under the 9 plan. 10 `(6) Development prescribed under the Planning Act, section 11 232(2) is, for that Act, exempt from assessment against the 12 Brisbane port LUP. 13 `(7) Self-assessable development prescribed under the Planning 14 Act, section 232(1) is self-assessable development for the 15 Brisbane port LUP. 16 `283U Requirement to review plan 17 `(1) The port operator must complete a review of the Brisbane port 18 LUP at least every 10 years after the plan commencement day. 19 `(2) The review must include an assessment of the achievement of 20 the strategic outcomes identified in the plan. 21 `283V Action port operator must take after review 22 `After reviewing the Brisbane port LUP, the port operator 23 must-- 24 (a) propose to prepare a new Brisbane port LUP; or 25 (b) propose to amend the Brisbane port LUP; or 26 (c) if the port operator is satisfied the Brisbane port LUP is 27 suitable to continue without amendment--decide to take 28 no further action. 29 Page 88

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283W Report about review if decision is to take no action 1 `If the port operator decides to take no further action under 2 section 283V(c), the port operator must-- 3 (a) prepare a report stating the reasons the port operator 4 decided to take no further action; and 5 (b) give a copy of the report to the planning Minister and 6 the transport Minister. 7 `283X When plan must include priority infrastructure 8 interface plan 9 `The port operator must ensure the Brisbane port LUP 10 includes a priority infrastructure interface plan for Brisbane 11 core port land by the earlier of the following-- 12 (a) the day that is 3 years after the day the Brisbane City 13 Council's first priority infrastructure plan is included in 14 its planning scheme; 15 (b) the day the port operator first prepares a new Brisbane 16 port LUP under this division after the Brisbane City 17 Council's first priority infrastructure plan is included in 18 its planning scheme. 19 `Subdivision 3 Preparation and amendment of 20 Brisbane port LUP by port operator 21 `283Y Statement of proposal for preparation or amendment 22 of Brisbane port LUP 23 `(1) The port operator must prepare a statement (statement of 24 proposal) about-- 25 (a) the preparation of a new Brisbane port LUP; or 26 (b) an amendment of the Brisbane port LUP. 27 `(2) However, subsection (1)(b) does not apply to an amendment 28 of the Brisbane port LUP if the amendment-- 29 Page 89

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (a) is to remove land from the Brisbane port LUP; or 1 (b) is a minor amendment (LUP). 2 `(3) The statement of proposal must-- 3 (a) identify matters the port operator anticipates the 4 Brisbane port LUP will address; and 5 (b) state how the port operator intends to address each 6 relevant aspect of the core matters in the plan. 7 `(4) The port operator must give a copy of the statement of 8 proposal to-- 9 (a) the Brisbane City Council; and 10 (b) the planning Minister; and 11 (c) the transport Minister. 12 `283Z Brisbane port LUP may be amended to identify 13 additional land 14 `(1) The Brisbane port LUP may be amended to identify additional 15 land as Brisbane core port land if the planning Minister and 16 transport Minister are satisfied the additional land-- 17 (a) is land in which the port lessee or port lessor has a 18 registered interest; and 19 (b) is or may be used-- 20 (i) for core port infrastructure; or 21 (ii) for port related development; or 22 (iii) as buffer land. 23 Note-- 24 Land identified in the Brisbane port LUP is Brisbane core port land. See 25 section 283K. 26 `(2) Subsection (1) does not limit how the Brisbane port LUP may 27 be amended. 28 Page 90

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZA Draft plan for preparation or amendment of Brisbane 1 port LUP 2 `After complying with section 283Y, and section 283ZB to the 3 extent the section relates to a statement of proposal, the port 4 operator must-- 5 (a) take appropriate account of issues raised as a result of 6 consultation under section 283ZB in relation to the 7 statement of proposal; and 8 (b) prepare a draft (draft plan) of-- 9 (i) if the statement of proposal is for the preparation of 10 a new Brisbane port LUP--the plan; or 11 (ii) if the statement of proposal is for an amendment of 12 the Brisbane port LUP--the amendment of the 13 plan; and 14 (c) give a copy of the draft plan to-- 15 (i) the Brisbane City Council; and 16 (ii) the planning Minister; and 17 (iii) the transport Minister. 18 `283ZB Consultation on statement of proposal or draft plan 19 `(1) This section applies if the port operator prepares a statement 20 of proposal under section 283Y or a draft plan under section 21 283ZA. 22 `(2) The port operator must publish, at least once in a newspaper 23 circulating generally in the area to which the statement of 24 proposal or the draft plan relates, a notice stating the 25 following-- 26 (a) the name of the port operator; 27 (b) that the statement of proposal or draft plan relates to 28 Brisbane core port land; 29 (c) that the port operator has prepared a statement of 30 proposal, or a draft plan, and that it is available for 31 Page 91

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] inspection and purchase at the office of the port operator 1 in Brisbane; 2 (d) a contact telephone number for information about the 3 statement of proposal or draft plan; 4 (e) that any person may make a properly made submission 5 about the statement of proposal or draft plan; 6 (f) the period (the consultation period) during which a 7 submission mentioned in paragraph (e) may be made; 8 (g) the requirements for a properly made submission. 9 `(3) The consultation period must be-- 10 (a) for a statement of proposal--at least 20 business days 11 after the notice is first published under subsection (2); or 12 (b) for a draft plan--at least 40 business days after the 13 notice is first published under subsection (2). 14 `283ZC Consideration of draft plan and submissions 15 `(1) On receiving a copy of a draft plan, the planning Minister and 16 the transport Minister must consider whether or not any State 17 interests would be adversely affected by the draft plan. 18 `(2) Also, before approving a draft plan or recommending 19 approval of a draft plan to the Governor in Council under this 20 subdivision, the planning Minister and the transport Minister 21 must consider all properly made submissions. 22 `283ZD Directions for amendment of draft plan 23 `(1) The planning Minister and the transport Minister may return a 24 draft plan prepared by the port operator for amendment in the 25 way directed by the planning Minister and the transport 26 Minister. 27 `(2) A copy of the direction must be published in the gazette 28 within 21 days after it is given. 29 Page 92

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZE Approval of plans 1 `(1) The planning Minister and the transport Minister may jointly 2 approve a draft plan if satisfied that-- 3 (a) the draft plan, or Brisbane port LUP as amended by the 4 draft plan, satisfactorily deals with the core matters 5 relevant to the plan and the mandatory requirements of 6 the plan under section 283S; and 7 (b) the port operator has taken appropriate account of issues 8 raised in properly made submissions; and 9 (c) the Brisbane City Council does not have a substantial 10 objection to the draft plan; and 11 (d) State interests will not be adversely affected by the draft 12 plan. 13 `(2) If the planning Minister and the transport Minister are 14 satisfied about subsection (1)(a), (b) and (d) but are satisfied 15 that the Brisbane City Council has a substantial objection to 16 the draft plan, the draft plan may only be approved by the 17 Governor in Council. 18 `(3) Approval of the Brisbane port LUP, or an amendment of the 19 plan, must be notified in the gazette within 21 days after it is 20 given. 21 `(4) The approval or amendment takes effect when it is notified in 22 the gazette. 23 `(5) As soon as practicable after the approval or amendment is 24 notified in the gazette, the planning chief executive must give 25 the port operator notice of the gazettal. 26 `283ZF Port operator to publish approved plan 27 `The port operator must ensure the Brisbane port LUP as 28 approved under this division is published on its website. 29 Page 93

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZG Recovery of Ministers' costs 1 `The reasonable costs and expenses incurred by the planning 2 Minister and the transport Minister in acting under this 3 subdivision in relation to a draft plan are a debt payable by the 4 port operator to the State. 5 `Subdivision 4 Miscellaneous 6 `283ZH Notification about Brisbane port LUP 7 `If the Brisbane port LUP is approved or amended under 8 subdivision 3, the planning chief executive must give written 9 notice of the details of the plan or amendment to the Brisbane 10 City Council. 11 `283ZI Recording matters about Brisbane port LUP 12 `(1) The Brisbane City Council must ensure there is a record-- 13 (a) on each relevant map in its planning scheme identifying 14 the land to which the Brisbane port LUP applies; and 15 (b) in the planning scheme stating that interested persons 16 may obtain details of the Brisbane port LUP from the 17 port operator. 18 `(2) For the guideline made under the Planning Act, section 19 117(1), the making of the record is an administrative 20 amendment to the planning scheme. 21 `283ZJ Ministerial direction to port operator 22 `(1) This section applies if the planning Minister and the transport 23 Minister are satisfied-- 24 (a) a minor amendment (LUP) is required for the Brisbane 25 port LUP; or 26 Page 94

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (b) the port operator has not complied with a requirement 1 under subdivision 2 or 3 to make or amend the Brisbane 2 port LUP. 3 `(2) The planning Minister and the transport Minister jointly may, 4 by written notice, direct the port operator-- 5 (a) to make the minor amendment (LUP) within a stated 6 reasonable period; or 7 (b) comply with the requirement under subdivision 2 or 3 8 within a stated reasonable period. 9 `(3) The notice must state the reasons for deciding to give the 10 direction. 11 `(4) Before giving a direction to the port operator under subsection 12 (2), the Ministers must consult with the port operator. 13 `(5) The port operator must comply with the direction. 14 `Division 4 Effect of land becoming or ceasing 15 to be Brisbane core port land 16 `283ZK Effect of land becoming Brisbane core port land 17 `(1) This section applies if land becomes Brisbane core port land 18 (new port land) at any time after the day the first Brisbane 19 port LUP has effect. 20 `(2) The port operator must give written notice of the particulars of 21 the new port land, including the date the land became 22 Brisbane core port land, to-- 23 (a) the Brisbane City Council; and 24 (b) the planning chief executive. 25 `(3) An entity given a notice under subsection (2) must ensure 26 there is a record, on each relevant map in the council's 27 planning scheme held by the entity, indicating that the land is 28 Brisbane core port land. 29 Page 95

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(4) If the new port land is land that is subject to a table of 1 assessment for a precinct, the Brisbane port LUP applies to 2 the land on and from the day it becomes Brisbane core port 3 land. 4 `(5) If subsection (4) does not apply to the new port land, the new 5 port land continues to be subject to the planning scheme for 6 the land until the Brisbane port LUP is amended to identify 7 the land as Brisbane core port land. 8 `(6) On and from the day land becomes Brisbane core port land-- 9 (a) the Brisbane City Council ceases to be the assessment 10 manager in relation to the land; and 11 (b) the planning chief executive is the assessment manager 12 in relation to the land. 13 `283ZL Effect of land ceasing to be Brisbane core port land 14 `(1) This section applies if land (former port land) stops being 15 Brisbane core port land. 16 `(2) The port operator must give written notice of the particulars of 17 the former port land, including the date it stopped being 18 Brisbane core port land, to-- 19 (a) the Brisbane City Council; and 20 (b) the planning chief executive. 21 `(3) An entity given a notice under subsection (2) must ensure 22 there is a record, on each relevant map in the council's 23 planning scheme held by the entity, indicating that the land is 24 not Brisbane core port land. 25 `(4) Subsections (5) to (7) apply if the former port land is, when it 26 stops being Brisbane core port land, unzoned land. 27 `(5) While the former port land is unzoned land-- 28 (a) the Brisbane port LUP continues to apply to the land 29 and the land is taken to be a part of the Brisbane City 30 Council's planning scheme; and 31 Page 96

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (b) the Brisbane City Council is the assessment manager for 1 a development application for development on the land 2 that is assessable development for the Planning Act 3 under the Brisbane port LUP even if the land is not part 4 of, but adjoins, the council's local government area. 5 `(6) When the former port land stops being unzoned land, the 6 Brisbane port LUP does not apply to the land. 7 `(7) To the extent subsection (5) is inconsistent with the standard 8 planning scheme provisions under the Planning Act, 9 subsection (5) prevails. 10 `(8) Subsection (6) applies to former port land even if the Brisbane 11 port LUP has not been amended to show the former port land 12 is not included in the plan. 13 `(9) In this section-- 14 unzoned land means land that is not zoned for a purpose or 15 use under a planning scheme. 16 `Division 5 Particular matters about 17 development on Brisbane core port 18 land 19 `Subdivision 1 Preliminary 20 `283ZM Reconfiguring a lot 21 `(1) Subsection (2) applies to development that is reconfiguring a 22 lot by a lease only if the reconfiguring is for 1 of the following 23 stated permitted purposes under the lease-- 24 (a) core port infrastructure; 25 (b) transport infrastructure; 26 (c) core port infrastructure and transport infrastructure. 27 Page 97

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(2) Despite the Planning Act, the development is exempt 1 development under that Act. 2 `(3) Subsections (4) to (6) apply to development that is 3 reconfiguring a lot, other than for a stated purpose mentioned 4 in subsection (1). 5 `(4) The development is assessable development requiring code 6 assessment under the Planning Act and there are no referral 7 agencies for the development. 8 `(5) If a development application is only for the reconfiguring of a 9 lot on Brisbane core port land, the application must be 10 decided within 20 business days after the application is made. 11 `(6) A condition can not be imposed on a development approval 12 for reconfiguring a lot on Brisbane core port land if the 13 condition requires a monetary payment to anyone. 14 `283ZN Port prohibited development 15 `(1) A development application or request for compliance 16 assessment can not be made for development on Brisbane core 17 port land if the development is port prohibited development. 18 `(2) If a development application or request for compliance 19 assessment is made and any part of the development applied 20 for is port prohibited development, the application or request 21 is taken not to have been made and IDAS does not apply to it. 22 `(3) In this section-- 23 request for compliance assessment means a request for 24 compliance assessment under the Planning Act, section 401. 25 `283ZO Code assessment under Brisbane port LUP 26 `(1) This section applies to any part of a development application 27 requiring code assessment under the Brisbane port LUP for 28 port related development. 29 Page 98

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(2) Subject to any requirements of a concurrence agency for the 1 part of the application, the assessment manager must approve 2 the part of the application if the port related development-- 3 (a) is consistent with the Brisbane port LUP; and 4 (b) complies with all applicable codes for the development. 5 `Subdivision 2 Provisions about assessment 6 manager and referral agencies 7 `283ZP Planning chief executive is assessment manager for 8 particular development 9 `(1) The planning chief executive is the assessment manager for 10 the following development-- 11 (a) material change of use of premises completely or partly 12 on Brisbane core port land if the development is 13 assessable development for the Planning Act under the 14 Brisbane port LUP; 15 (b) reconfiguring a lot completely or partly on Brisbane 16 core port land if the development is assessable 17 development for the Planning Act under this part; 18 (c) operational work completely on Brisbane core port land 19 if the development is assessable development for the 20 Planning Act under the Brisbane port LUP. 21 `(2) If the planning chief executive is the assessment manager for 22 development mentioned in subsection (1), the planning chief 23 executive must assess the development against the Brisbane 24 port LUP. 25 `(3) Also, in assessing the development, the planning chief 26 executive must have regard to each State planning instrument 27 applicable to the development. 28 Page 99

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZQ Referral agency, and jurisdiction, for particular 1 development--Brisbane City Council 2 `If the planning chief executive is the assessment manager for 3 a development application for material change of use made 4 assessable for the Planning Act under the Brisbane port 5 LUP-- 6 (a) the Brisbane City Council is an advice agency for the 7 application; and 8 (b) the council's jurisdiction as an advice agency is in 9 relation to any material impacts of the proposed 10 development-- 11 (i) identified by the council; and 12 (ii) on land, other than Brisbane core port land, in its 13 local government area. 14 `283ZR Referral agency and jurisdiction for development 15 inconsistent with Brisbane port LUP--Transport chief 16 executive 17 `(1) The transport Minister is a concurrence agency for a 18 development application for development on Brisbane core 19 port land involving development that is inconsistent with the 20 Brisbane port LUP for transport reasons. 21 `(2) The transport Minister's jurisdiction as a concurrence agency 22 is the transport reasons and the application must be assessed 23 against the transport reasons. 24 `(3) The Planning Act, chapter 8, part 1, division 8 does not limit 25 the jurisdiction of the transport Minister as a concurrence 26 agency. 27 `283ZS Referral agency and jurisdiction for particular 28 building work--chief executive 29 `(1) This section applies to a development application for building 30 work on Brisbane core port land if the premises the subject of 31 Page 100

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] the application is completely or partly within, or within 25m 1 of, Brisbane port railway land. 2 `(2) The chief executive is a concurrence agency for the 3 application. 4 `(3) The chief executive's jurisdiction as a concurrence agency is 5 the purpose mentioned in section 258(2). 6 `(4) This part does not limit or otherwise affect any referral agency 7 jurisdiction for building work under the Planning Act. 8 `(5) In this section-- 9 building work see the Planning Act, section 10. 10 `283ZT Referral agency, and jurisdiction, for material 11 change of use and operational work under Brisbane 12 port LUP--chief executive 13 `(1) This section applies to a development application for material 14 change of use or operational work for development made 15 assessable development for the Planning Act under the 16 Brisbane port LUP. 17 `(2) The chief executive is a concurrence agency for the 18 application if the development is-- 19 (a) a material change of use of premises on-- 20 (i) land contiguous to a State-controlled road; or 21 (ii) land not contiguous to a State-controlled road and 22 for which the chief executive would be a 23 concurrence agency under the Planning Act, for 24 the State-controlled road, if the development were 25 assessable under a planning scheme; or 26 Editor's note-- 27 For development mentioned in subparagraph (ii), see the 28 Sustainable Planning Regulation 2009, schedule 7, table 29 3, item 2 and schedule 11. 30 (iii) land completely or partly within a public transport 31 corridor or a future public transport corridor; or 32 Page 101

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (iv) land not completely or partly within a public 1 transport corridor or a future public transport 2 corridor and for which the chief executive would 3 be a concurrence agency under the Planning Act, 4 for public passenger transport, if the development 5 were assessable under a planning scheme; or 6 Editor's note-- 7 For development mentioned in subparagraph (iv), see the 8 Sustainable Planning Regulation 2009, schedule 7, table 9 3, item 14 and schedule 12. 10 (v) land completely or partly within Brisbane port 11 railway land; or 12 (vi) land not completely or partly within Brisbane port 13 railway land and for which the chief executive 14 would be a concurrence agency under the Planning 15 Act, for the Brisbane port railway land, if the 16 development were assessable under a planning 17 scheme; or 18 Editor's note-- 19 For development mentioned in subparagraph (vi), see the 20 Sustainable Planning Regulation 2009, schedule 7, table 21 3, item 15 and schedule 13. 22 (b) operational work that-- 23 (i) is associated with access to a State-controlled road; 24 or 25 (ii) is for filling or excavation on land contiguous to a 26 State-controlled road; or 27 (iii) involves the redirection or intensification of site 28 stormwater from land contiguous to a 29 State-controlled road through a pipe with a 30 cross-sectional area greater than 625cm2 that 31 directs stormwater to a State-controlled road; or 32 (iv) is completely or partly within a public transport 33 corridor or a future public transport corridor; or 34 Page 102

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (v) is completely or partly on, or within 25m of, 1 Brisbane port railway land and the work involves 2 extracting, excavating or filling more than 50m3. 3 `(3) The chief executive's jurisdiction as a concurrence agency 4 is-- 5 (a) for a material change of use mentioned in subsection 6 (2)(a)(i) or (ii) and operational work mentioned in 7 subsection (2)(b)(i), (ii) or (iii)--the purpose mentioned 8 in section 49A(2); and 9 (b) for a material change of use mentioned in subsection 10 (2)(a)(iii) or (iv) and operational work mentioned in 11 subsection (2)(b)(iv)--land use and transport 12 coordination under the Transport Planning and 13 Coordination Act 1994; and 14 (c) for a material change of use mentioned in subsection 15 (2)(a)(v) or (vi) and operational work mentioned in 16 subsection (2)(b)(v)--the purpose mentioned in section 17 258(2). 18 `(4) In this section-- 19 future public transport corridor means a future public 20 transport corridor under the Planning Act. 21 land contiguous to a State-controlled road means land, the 22 subject of a development application, if part of the land-- 23 (a) is within 100m of the State-controlled road; or 24 (b) is part of a future State-controlled road. 25 public transport corridor means a public transport corridor 26 under the Planning Act. 27 `283ZU Referral agency, and jurisdiction, for material 28 change of use under Brisbane port 29 LUP--administering authority 30 `(1) This section applies to a development application for a 31 material change of use for development made assessable 32 Page 103

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] development for the Planning Act under the Brisbane port 1 LUP. 2 `(2) The administering authority is a concurrence agency for the 3 application if the development is a material change of use of 4 premises-- 5 (a) for an environmentally relevant activity made assessable 6 development under the Planning Act; or 7 (b) for a mobile and temporary environmentally relevant 8 activity made assessable development under the 9 Planning Act; or 10 (c) if-- 11 (i) all or part of the premises is on the environmental 12 management register or contaminated land register 13 under the Environmental Protection Act; and 14 (ii) the administering authority would be a 15 concurrence agency under the Planning Act for 16 contaminated land management. 17 `(3) The administering authority's jurisdiction as a concurrence 18 agency is-- 19 (a) for a material change of use mentioned in subsection 20 (2)(a) or (b)--the purposes of the Environmental 21 Protection Act; and 22 (b) for a material change of use mentioned in subsection 23 (2)(c)--protection of the environment by the 24 management of contaminated land under the 25 Environmental Protection Act. 26 `(4) In this section-- 27 administering authority see the Environmental Protection 28 Act, schedule 4. 29 environmentally relevant activity see the Environmental 30 Protection Act, section 18. 31 Environmental Protection Act means the Environmental 32 Protection Act 1994. 33 Page 104

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] mobile and temporary environmentally relevant activity see 1 the Environmental Protection Act, schedule 4. 2 `283ZV Assessment and referrals for heritage places 3 `(1) Development on a local heritage place that is on Brisbane core 4 port land is not assessable development under the Planning 5 Act even if the development is prescribed as assessable 6 development under section 232(1) of that Act. 7 `(2) Subsection (1) applies to development on the local heritage 8 place whether or not it became a local heritage place before or 9 after the completion day. 10 `(3) This part does not limit or otherwise affect assessment, or any 11 referral agency jurisdiction, under the Planning Act for 12 development on a Queensland heritage place. 13 `(4) In this section-- 14 local heritage place means a local heritage place under the 15 Queensland Heritage Act 1992. 16 Queensland heritage place means a registered place under 17 the Queensland Heritage Act 1992. 18 `283ZW Referral agency, and jurisdiction, for material 19 change of use and operational work under Brisbane 20 port LUP--coastal protection 21 `(1) This section applies to a development application for a 22 material change of use or operational work made assessable 23 development for the Planning Act under the Brisbane port 24 LUP if the application is also for-- 25 (a) tidal works; or 26 (b) operational work, carried out completely or partly 27 within a coastal management district, that is made 28 assessable development under the Planning Act. 29 Page 105

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(2) The chief executive administering the Coastal Protection and 1 Management Act 1995 is a concurrence agency for the 2 application. 3 `(3) The chief executive's jurisdiction as a concurrence agency is 4 coastal management under the Coastal Protection and 5 Management Act 1995, other than amenity and aesthetic 6 significance or value. 7 `(4) In this section-- 8 coastal management district means a coastal management 9 district under the Coastal Protection and Management Act 10 1995, other than an area declared as a coastal management 11 district under section 54(2) of that Act. 12 tidal works see the Coastal Protection and Management Act 13 1995, schedule. 14 `283ZX Referral agency, and jurisdiction, for material 15 change of use and operational work under Brisbane 16 port LUP--other referral agencies 17 `(1) This section applies to a development application for material 18 change of use or operational work for development made 19 assessable development for the Planning Act under the 20 Brisbane port LUP. 21 `(2) If the material change of use of premises is for a major hazard 22 facility or possible major hazard facility, the chief executive 23 administering the Dangerous Goods Safety Management Act 24 2001 is a concurrence agency for the application. 25 `(3) If the development application includes operational work for 26 which the chief executive administering the Water Act 2000 is 27 a concurrence agency under the Planning Act, that chief 28 executive is a concurrence agency for the application. 29 `(4) If the development application includes operational work for 30 which the chief executive administering the Water Supply 31 (Safety and Reliability) Act 2008 is a concurrence agency 32 under the Planning Act, that chief executive is a concurrence 33 agency for the application. 34 Page 106

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(5) If the development application includes a material change of 1 use of premises or operational work for which the chief 2 executive administering the Fisheries Act 1994 is a 3 concurrence agency under the Planning Act, that chief 4 executive is a concurrence agency for the application. 5 `(6) The jurisdiction as a concurrence agency for a chief executive 6 mentioned in subsection (2), (3), (4) or (5) is the concurrence 7 agency jurisdiction the chief executive has under the Planning 8 Act for a development application of the type mentioned in 9 the subsection. 10 `(7) In this section-- 11 major hazard facility see the Dangerous Goods Safety 12 Management Act 2001, section 31(1). 13 `283ZY Development on land below high-water mark and 14 within the port limits 15 `(1) The chief executive administering the Transport Operations 16 (Marine Safety) Act 1994 is a concurrence agency for a 17 development application for development below high-water 18 mark and within the port limits. 19 `(2) The jurisdiction as a concurrence agency is the purposes of 20 the Transport Operations (Marine Safety) Act 1994. 21 `(3) The port operator is an advice agency for a development 22 application-- 23 (a) for development below high-water mark and within the 24 port limits; and 25 (b) for which the applicant is not the port operator. 26 `(4) The port operator's jurisdiction as an advice agency is the 27 safety and operational integrity of the port. 28 `(5) In this section-- 29 port limits means the Port of Brisbane's port limits under this 30 Act. 31 Page 107

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZZ Restriction on conditions of development approvals 1 `(1) The assessment manager for a development application for 2 development on Brisbane core port land may, under the 3 Planning Act, impose a condition on the development 4 approval for the application requiring a contribution only in 5 relation to the following infrastructure provided by the 6 Brisbane City Council or a service provider-- 7 (a) drainage; 8 (b) public transport; 9 (c) roads; 10 (d) sewerage and water supply headworks. 11 `(2) In this section-- 12 contribution, for a condition of a development approval, 13 means an amount payable under the condition to the Brisbane 14 City Council or a service provider-- 15 (a) for infrastructure provided by the Brisbane City Council 16 or service provider; and 17 (b) worked out under the contributions schedule on the 18 basis of the relevance of the infrastructure to the actual 19 proposed development to which the approval relates. 20 Note-- 21 This section does not effect the conditions that may be imposed by a 22 referral agency. 23 `Subdivision 3 Application of particular provisions 24 of Planning Act 25 `283ZZA Particular provisions of Planning Act do not apply in 26 relation to Brisbane core port land 27 `(1) The Planning Act, section 714 does not apply in relation to 28 Brisbane core port land. 29 Page 108

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] Editor's note-- 1 Planning Act, section 714 (Local government may take or purchase 2 land). 3 `(2) A person is not entitled to claim compensation under the 4 Planning Act, chapter 9, part 3, or any other law in relation to 5 a change to the Brisbane port LUP affecting the person's 6 interest in any Brisbane core port land. 7 `283ZZB Modified application of Planning Act, ch 9, pt 6, div 4 8 `(1) A person may apply to the planning chief executive for a 9 planning and development certificate under the Planning Act, 10 chapter 9, part 6, division 4, for premises on Brisbane core 11 port land. 12 `(2) The application must be accompanied by the fee prescribed 13 under a regulation. 14 `(3) For subsection (1), the Planning Act, sections 738 to 742 15 apply-- 16 (a) as if a reference in the sections to a local government 17 were a reference to the planning chief executive; and 18 (b) as if the reference in section 738(a) to any planning 19 scheme were a reference to the Brisbane port LUP; and 20 (c) as if the reference in section 738(a) to any infrastructure 21 charges schedule or regulated infrastructure charges 22 schedule were a reference to any contributions schedule 23 under the Brisbane port LUP; and 24 (d) as if the reference in section 739(g) to `for the planning 25 scheme area' were omitted; and 26 (e) as if section 739(h) were omitted; and 27 (g) as if section 739(m) included a reference to a copy of an 28 infrastructure agreement received under section 283ZZE 29 of this Act; and 30 (f) as if section 739(n) provided that the planning and 31 development certificate must be accompanied by any 32 Page 109

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] statement of proposal or draft plan for Brisbane core 1 port land that is-- 2 (i) published under section 283ZB(2) of this Act; and 3 (ii) not yet approved under section 283ZE of this Act. 4 `283ZZC Restriction on designation for community 5 infrastructure 6 `(1) Despite the Planning Act, chapter 5, only a Minister may, 7 under that part, designate Brisbane core port land for 8 community infrastructure. 9 `(2) Development under a designation by a Minister under the 10 Planning Act, chapter 5 is exempt development to the extent 11 the development would, other than for this section, be 12 self-assessable development, development requiring 13 compliance assessment or assessable development for the 14 Planning Act under the Brisbane port LUP. 15 `(3) Subsection (2) does not limit the Planning Act, section 203. 16 Editor's note-- 17 Planning Act, section 203 (How IDAS applies to designated land) 18 `(4) In this section-- 19 community infrastructure see the Planning Act, schedule 3. 20 `283ZZD Restriction on application of master plan 21 `To the extent a master plan under the Planning Act for a 22 master planned area identified by a local government under 23 that Act relates to Brisbane core port land, the master plan is 24 of no effect. 25 Page 110

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `Subdivision 4 Notice of development approval 1 `283ZZE Requirement to give notice of development 2 approval and infrastructure agreement 3 `(1) If the planning chief executive gives a development approval 4 for development on Brisbane core port land, the planning 5 chief executive must, within 5 business days after giving the 6 approval, give a copy of the approval to each of the 7 following-- 8 (a) the Brisbane City Council; 9 (b) the port operator; 10 (c) the chief executive; 11 (d) each referral agency for the development application to 12 which the approval relates. 13 `(2) If an applicant for a development approval for development on 14 Brisbane core port land enters into an infrastructure 15 agreement under the Planning Act in relation to the 16 development, the applicant must give a copy of the agreement 17 to-- 18 (a) the Brisbane City Council; and 19 (b) if the planning chief executive is not a party to the 20 agreement--the planning chief executive; and 21 (c) if the chief executive is not a party to the 22 agreement--the chief executive. 23 `Subdivision 5 Delegation 24 `283ZZF Delegation of particular functions of planning chief 25 executive 26 `(1) The planning chief executive may delegate the planning chief 27 executive's relevant administrative functions to Brisbane City 28 Council. 29 Page 111

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(2) If the planning chief executive delegates any relevant 1 administrative functions to Brisbane City Council, the 2 planning chief executive must-- 3 (a) give written notice of the delegation to the port operator; 4 and 5 (b) publish the notice on the website of the department in 6 which the Planning Act is administered. 7 `(3) In this section-- 8 relevant administrative functions means the planning chief 9 executive's functions under the Planning Act for matters 10 relating to the administration and enforcement, under that Act, 11 of a development approval for development on Brisbane core 12 port land. 13 `Subdivision 6 Development approvals affected by 14 change 15 `283ZZG Brisbane port LUP does not affect existing 16 development approval 17 `(1) This section applies if-- 18 (a) a development approval is in effect for premises on 19 Brisbane core port land; and 20 (b) after the approval is given, the Brisbane port LUP is 21 replaced or amended. 22 `(2) To the extent the development approval has not lapsed, the 23 replacement or amended Brisbane port LUP does not stop or 24 additionally regulate the development to which the approval 25 relates, or otherwise affect the approval. 26 Page 112

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `283ZZH Planning scheme can not affect existing 1 development approval 2 `(1) This section applies if a development approval is in effect for 3 premises on-- 4 (a) Brisbane core port land, and the land the subject of the 5 approval stops being Brisbane core port land; or 6 (b) land that becomes balance port land. 7 `(2) The carrying out of development or the use of premises under 8 the approval can not be stopped or additionally regulated 9 under any planning scheme that applies to the land-- 10 (a) when, or after, it stops being Brisbane core port land; or 11 (b) when, or after, it becomes balance port land. 12 `283ZZI Changing status of land--effect on development 13 approvals 14 `(1) Subsection (2) applies if-- 15 (a) a development approval is in effect for premises on 16 Brisbane core port land; and 17 (b) the land the subject of the approval stops being Brisbane 18 core port land; and 19 (c) the approval was given by the Port of Brisbane 20 Corporation or the planning chief executive. 21 `(2) For the purposes of any matter relating to the administration 22 or enforcement of the development approval under the 23 Planning Act, the approval is taken to have been given by the 24 Brisbane City Council. 25 `(3) Subsection (4) applies if-- 26 (a) a development approval is in effect for premises on land 27 that is not Brisbane core port land; and 28 (b) the land the subject of the approval becomes Brisbane 29 core port land. 30 Page 113

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] `(4) For the purposes of any matter relating to the administration 1 or enforcement of the development approval under the 2 Planning Act, the approval is taken to have been given by the 3 planning chief executive. 4 `(5) Subsection (6) applies if-- 5 (a) a development approval is in effect for premises on 6 balance port land; and 7 (b) the approval was given by the Port of Brisbane 8 Corporation. 9 `(6) For the purposes of any matter relating to the administration 10 or enforcement of the development approval under the 11 Planning Act, the approval is taken to have been given by-- 12 (a) the Urban Land Development Authority under the 13 Urban Land Development Authority Act 2007 if the 14 balance port land is in the Northshore Hamilton urban 15 development area under that Act; or 16 (b) otherwise--the local government for the area that 17 adjoins the balance port land or in which the balance 18 port land is situated. 19 `Subdivision 7 Dealing with development 20 applications affected by change 21 `283ZZJ Particular development applications--Brisbane 22 core port land 23 `(1) This section applies to a development application for-- 24 (a) development on strategic port land that becomes 25 Brisbane core port land if-- 26 (i) the application was made but not decided under the 27 Planning Act before day the land becomes 28 Brisbane core port land; and 29 Page 114

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (ii) the assessment manager for the application is the 1 Port of Brisbane Corporation; or 2 (b) development assessed against a planning scheme if the 3 land the subject of the application becomes Brisbane 4 core port land before the application is finally decided. 5 `(2) On the relevant day for the development application-- 6 (a) the planning chief executive is taken to be the 7 assessment manager for the application; and 8 (b) the IDAS process for the application stops. 9 `(3) As soon as practicable after the relevant day for a 10 development application to which subsection (1)(a) applies, 11 the port operator must give the application to the planning 12 chief executive. 13 `(4) As soon as practicable after the relevant day for a 14 development application to which subsection (1)(b) applies, 15 the assessment manager for the application must give the 16 application to the planning chief executive. 17 `(5) The planning chief executive may, in writing, ask the port 18 operator or assessment manager for any information or 19 material about the application the planning chief executive 20 reasonably requires to process and decide the application. 21 `(6) The port operator or assessment manager must comply with a 22 request under subsection (5) within 10 business days after 23 receiving the request. 24 `(7) On receiving the application, and any further information or 25 material requested under subsection (5), the planning chief 26 executive must consider the application and the further 27 information or material. 28 `(8) The IDAS process for the application starts again 20 business 29 days after the later of the following-- 30 (a) the day the IDAS process stopped under subsection 31 (2)(b); 32 Page 115

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (b) the day the planning chief executive is given the 1 application under subsection (4). 2 `(9) Subject to this part, the Planning Act applies for processing 3 and deciding the application. 4 `(10) Despite subsection (9), the planning chief executive must 5 assess the application against the matters that would have 6 applied for the assessment before the relevant day for the 7 application. 8 `(11) In this section-- 9 relevant day, for a development application for land, means 10 the day the land becomes Brisbane core port land. 11 `283ZZK Particular development applications--balance port 12 land or former Brisbane core port land 13 `(1) This section applies to a development application for-- 14 (a) development on land that becomes balance port land 15 if-- 16 (i) the application was made but not decided under the 17 Planning Act before the relevant day for the land; 18 and 19 (ii) the assessment manager for the application is the 20 Port of Brisbane Corporation; or 21 (b) development on land that stops being Brisbane core port 22 land if the development is assessable development for 23 the Planning Act under the Brisbane port LUP. 24 `(2) On the relevant day for the land-- 25 (a) the Urban Land Development Authority under the 26 Urban Land Development Authority Act 2007 is taken to 27 be the assessment manager for the application if the land 28 is in the Northshore Hamilton urban development area 29 under that Act; or 30 (b) if the land is not land mentioned in paragraph (a)--the 31 local government for the area that adjoins the land or in 32 Page 116

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] which the land is situated is taken to be the assessment 1 manager for the application; and 2 (c) the IDAS process for the application stops. 3 `(3) As soon as practicable after the relevant day for the land, the 4 former assessment manager for the application must give the 5 application to the new assessment manager for the 6 application. 7 `(4) The new assessment manager may, in writing, ask the former 8 assessment manager for any information or material about the 9 application the new assessment manager reasonably requires 10 to process and decide the application. 11 `(5) The former assessment manager must comply with a request 12 under subsection (4) within 10 business days after receiving 13 the request. 14 `(6) On receiving the application, and any further information or 15 material requested under subsection (4), the new assessment 16 manager must consider the application and the further 17 information or material. 18 `(7) The IDAS process for the application starts again 20 business 19 days after the later of the following-- 20 (a) the day the IDAS process stopped under subsection 21 (2)(c); 22 (b) the day the new assessment manager is given the 23 application under subsection (3). 24 `(8) Subject to this part, the Planning Act applies for processing 25 and deciding the application. 26 `(9) Despite subsection (8), the new assessment manager must 27 assess the application against the matters (including the 28 former land use plan) that would have applied for the 29 assessment before the relevant day for the land. 30 `(10) In this section-- 31 former assessment manager means-- 32 Page 117

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (a) for a development application to which subsection (1)(a) 1 applies--the Port of Brisbane Corporation; or 2 (b) for a development application to which subsection 3 (1)(b) applies--the planning chief executive. 4 new assessment manager, for a development application, 5 means the entity that under subsection (2) is taken to be the 6 assessment manager for the application. 7 relevant day means-- 8 (a) for land that becomes balance port land--the day the 9 land was declared to be balance port land under section 10 283J; or 11 (b) otherwise--the day the land stops being Brisbane core 12 port land. 13 `Division 6 Dealings with Brisbane port land 14 `283ZZL Definitions for div 6 15 `In this division-- 16 Minister means the Minister administering the Land Act. 17 port land means land that is, or is needed as, Brisbane core 18 port land. 19 port lease means a lease held under the Land Act by-- 20 (a) the Port of Brisbane Corporation; or 21 (b) a subsidiary of the Port of Brisbane Corporation; or 22 (c) the port lessor. 23 `283ZZM Grant of port land 24 `(1) If land (including reclaimed land) above high-water mark is 25 port land-- 26 Page 118

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (a) the Governor in Council may issue to the port lessor, 1 without competition, a deed of grant over all or part of 2 the land; or 3 (b) the Minister may issue to the port lessor, without 4 competition, a lease over all or part of the land for either 5 a term of years or in perpetuity. 6 `(2) If land below high-water mark is port land the Minister may 7 issue to the port lessor, without competition, a lease over all or 8 part of the land for either a term of years or in perpetuity. 9 `(3) If tenure over port land is to be issued to the port lessor, the 10 Governor in Council or the Minister may include that land 11 with freehold land or a lease held by the port lessor. 12 `(4) If a deed of grant is issued for reclaimed land under this 13 division, or if reclaimed land is included in freehold land 14 under this division, the purchase price for the land is nil. 15 `(5) If reclaimed land is already held under a lease, the lease must 16 be surrendered before a new lease or deed of grant is issued 17 under this section. 18 `(6) The following provisions of the Land Act do not apply if this 19 section applies-- 20 (a) section 16; 21 (b) chapter 4, part 1, division 1; 22 (c) section 127; 23 (d) section 155(1). 24 `283ZZN Leases and licences under Land Act 25 `(1) This section applies to any of the following dealings affecting 26 land-- 27 (a) a transfer under the Land Act, section 322 of a sublease; 28 (b) a sublease under the Land Act, section 332; 29 (c) an amendment under the Land Act, section 336 of a 30 sublease; 31 Page 119

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 113] (d) the creation under the Land Act, section 362 of an 1 easement that burdens or benefits a sublease; 2 (e) the registration under the Land Act, section 363 of an 3 easement that burdens or benefits a sublease; 4 (f) an amendment under the Land Act, section 370 of a 5 registered easement that burdens or benefits a sublease. 6 `(2) If land affected by the dealing is held under a port lease or a 7 sublease of a port lease, despite a provision of the Land Act 8 mentioned in subsection (1) the Minister's approval is not 9 required for the dealing or the registration of a document for 10 the dealing. 11 `(3) If a port entity holds a lease under the Land Act of port land, 12 or a sublease of a trade lease of land, the port entity may grant 13 a licence to enter and use the land. 14 `(4) Subsection (3) is subject to any condition of the lease that 15 prohibits or restricts the grant of a licence. 16 `(5) To remove any doubt, it is declared that the Minister's 17 approval under the Land Act is not required for the grant of a 18 licence under this section. 19 Note-- 20 See also sections 477C-477E in relation to declared projects under the 21 Infrastructure Investment (Asset Restructuring and Disposal) Act 2009. 22 `283ZZO Amendment of area of subleases of port land 23 `(1) An amendment to a sublease of a port lease may increase or 24 decrease the subleased area. 25 `(2) To remove any doubt, it is declared that an amendment under 26 this section increasing the area of a sublease does not 27 constitute the surrender of a lease or sublease, or create a new 28 lease or sublease. 29 `(3) To remove any doubt, it is declared that an amendment under 30 this section decreasing the area of a sublease does not 31 Page 120

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 114] constitute the surrender of a lease or sublease of the remaining 1 area of the sublease, or create a new lease or sublease. 2 `283ZZP Delegation by Minister 3 'The Minister may delegate a function or power under this 4 division to the chief executive or an officer or employee of the 5 department that administers the Land Act. 6 `283ZZQ Application of Land Act and registration 7 `(1) Subject to this division, the Land Act applies to a lease 8 granted under this division as if it were granted under the 9 Land Act. 10 `(2) The chief executive of the department that administers the 11 Land Act may record a dealing effected for a lease under this 12 division in the leasehold land register.'. 13 Clause 114 Amendment of ch 8, pt 4 hdg (Land management) 14 Chapter 8, part 4, heading, after `management'-- 15 insert-- 16 `--ports other than Port of Brisbane'. 17 Clause 115 Amendment of s 289H (Definitions for pt 4B) 18 (1) Section 289H, definition abandoned property, after `port 19 authority'-- 20 insert-- 21 `or port operator'. 22 (2) Section 289H, definition abandoned property, after `port 23 authority's'-- 24 insert-- 25 `or port operator's'. 26 Page 121

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 116] (3) Section 289H, definition insufficient value property, after 1 `port authority'-- 2 insert-- 3 `or port operator'. 4 (4) Section 289H, definition insufficient value property, `the 5 authority'-- 6 omit, insert-- 7 `the port authority or port operator'. 8 Clause 116 Amendment of s 289I (Reasonable steps must be taken to 9 find owner) 10 (1) Section 289I(1), after `port authority's'-- 11 insert-- 12 `or port operator's'. 13 (2) Section 289I, after `port authority'-- 14 insert-- 15 `or port operator'. 16 Clause 117 Amendment of s 289J (A person may claim property) 17 Section 289J, after `port authority'-- 18 insert-- 19 `or port operator'. 20 Clause 118 Amendment of s 289K (If property not claimed) 21 Section 289K, after `port authority'-- 22 insert-- 23 `or port operator'. 24 Page 122

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 119] Clause 119 Amendment of s 289L (Sale of perishable property) 1 Section 289L, after `port authority'-- 2 insert-- 3 `or port operator'. 4 Clause 120 Amendment of s 289M (Proceeds from the sale of 5 abandoned property) 6 (1) Section 289M, after `port authority'-- 7 insert-- 8 `or port operator'. 9 (2) Section 289M(1), `the authority'-- 10 omit, insert-- 11 `the port authority or port operator'. 12 Clause 121 Amendment of s 289N (Abandoned property of no value) 13 Section 289N, after `port authority'-- 14 insert-- 15 `or port operator'. 16 Clause 122 Insertion of new ch 8, pts 4C-4E 17 Chapter 8, after part 4B-- 18 insert-- 19 `Part 4C Port of Brisbane--land tax and 20 rates 21 `289O Owner of land for land tax purposes 22 `(1) This section applies for the purposes of the Land Tax Act 1915 23 and the Land Tax Act 2010. 24 Page 123

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `(2) Unless subsection (3) applies, if a lessee or sublessee of 1 strategic port land is a subsidiary of the Port of Brisbane 2 Corporation-- 3 (a) the subsidiary is taken to be the owner of the land; and 4 (b) the Port of Brisbane Corporation is taken not to be the 5 owner of the land. 6 `(3) If there is a port lessee of Brisbane core port land-- 7 (a) the port lessee is taken to be the owner of the land; and 8 (b) the Port of Brisbane Corporation and the port lessor are 9 taken not to be the owner of the land. 10 `(4) A liability of the Port of Brisbane Corporation for land tax on 11 strategic port land that has accrued but not been paid when a 12 lease or sublease of the land is granted by the Port of Brisbane 13 Corporation to a subsidiary of it is a liability of the subsidiary 14 and not a liability of the Port of Brisbane Corporation. 15 `(5) A liability for land tax on Brisbane core port land that has 16 accrued but not been paid when a lease or sublease of the land 17 from the port lessor to a port lessee is terminated or expires is 18 a liability of the entity that was the port lessee immediately 19 before the termination or expiration and not a liability of the 20 port lessor. 21 `(6) In this section-- 22 land tax includes unpaid tax interest and penalty tax within 23 the meaning of the Taxation Administration Act 2001. 24 `289P Owner of land for rating purposes 25 `(1) This section applies for the purposes of the Local Government 26 Act 1993 and the Local Government Act 2009 about levying 27 or payment of rates. 28 `(2) If a lessee or sublessee of strategic port land is a subsidiary of 29 the Port of Brisbane Corporation-- 30 (a) the lessee or sublessee is taken to be the owner of the 31 land; and 32 Page 124

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] (b) the Port of Brisbane Corporation is taken not to be the 1 owner of the land. 2 `(3) If Brisbane core port land is occupied under a lease or 3 sublease from the Port of Brisbane Corporation or a port 4 entity other than a port authority-- 5 (a) the occupier is taken to be the owner of the land; and 6 (b) the Port of Brisbane Corporation and each port entity 7 that is not an occupier of the land are taken not to be the 8 owner of the land. 9 `(4) An entity must notify the commissioner in writing if the entity 10 becomes a lessee or sublessee mentioned in subsection (2), or 11 becomes a port lessee mentioned in subsection (3), within 28 12 days after becoming the lessee, sublessee or port lessee. 13 `(5) A liability of the Port of Brisbane Corporation for rates in 14 respect of strategic port land that has accrued but not been 15 paid when a lease or sublease of the land is granted by the Port 16 of Brisbane Corporation to a subsidiary of it is a liability of 17 the subsidiary and not a liability of the Port of Brisbane 18 Corporation. 19 `(6) A liability for rates in respect of Brisbane core port land that 20 has accrued but not been paid when a lease or sublease of the 21 land from the port lessor to a port lessee is terminated or 22 expires is a liability of the entity that would have been liable 23 under subsection (5) if the lease or sublease had not 24 terminated or expired. 25 `(7) The following land is exempted from rates-- 26 (a) strategic port land that is occupied by a member of 27 POBC Group; 28 (b) Brisbane core port land that is used for a road (other 29 than a road maintained by a local government), vacant 30 land, buffer zone or grass verge, or that is below the 31 high-water mark; 32 (c) existing rail corridor land or new rail corridor land. 33 `(8) In this section-- 34 Page 125

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] commissioner has the meaning given under the Taxation 1 Administration Act 2001. 2 `289Q When port lessor, port lessee or port manager is not 3 liable to pay royalties or similar charges 4 `The port lessor, a port lessee or a port manager is not liable to 5 pay royalties or similar charges for extractive material 6 removed-- 7 (a) to maintain or improve navigational channels in its port, 8 or improve navigation in its port, if the material is 9 disposed of under relevant statutory environmental 10 controls; or 11 (b) to reclaim land that is, or is proposed to be, Brisbane 12 core port land. 13 `Part 4D Port of Brisbane--matters 14 relating to Water Supply (Safety 15 and Reliability) Act 2008 16 `289R Definition for pt 4D 17 `In this part-- 18 Water Supply Act means the Water Supply (Safety and 19 Reliability) Act 2008. 20 `289S Words have the same meaning as in the Water 21 Supply Act 22 `A word used in this part and defined in the Water Supply Act 23 has the same meaning as in the Water Supply Act. 24 Page 126

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `289T Port operator is service provider 1 `(1) This section applies in relation to infrastructure for supplying 2 water services or sewerage services owned by the port lessor 3 in relation to the Port of Brisbane. 4 `(2) For the purposes of the Water Supply Act-- 5 (a) a port operator, other than the port lessor, is taken to 6 be-- 7 (i) a water service provider for infrastructure for 8 supplying water services; and 9 (ii) a sewerage service provider for infrastructure for 10 supplying sewerage services; and 11 (b) if there is a port operator other than the port lessor--the 12 port lessor is taken not to supply water services or 13 sewerage services. 14 `289U Entry into service provider register 15 `(1) If section 289T applies-- 16 (a) as soon as practicable after an entity other than the port 17 lessor becomes a port operator, the entity must give the 18 regulator any information requested by the regulator for 19 the purpose of registration as a service provider; and 20 (b) the regulator must-- 21 (i) register the entity in the service provider register as 22 a service provider for the relevant services; and 23 (ii) give the entity notice of the registration; and 24 (c) the Water Supply Act, sections 21 and 22 do not apply 25 to the registration. 26 `(2) The entity is a water service provider or sewerage service 27 provider from the day it becomes a port operator, regardless of 28 when it is registered. 29 Page 127

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `289V Sewerage infrastructure for Port of Brisbane 1 `(1) For the purposes of the Water Supply Act, chapter 2, part 3, 2 division 4 and part 6, and sections 193, 330 and 331-- 3 (a) the relevant distributor-retailer is taken to be a sewerage 4 service provider in respect of sewerage infrastructure 5 owned by the port lessor in relation to the Port of 6 Brisbane; and 7 (b) sewerage infrastructure mentioned in paragraph (a) is 8 taken to be part of the relevant distributor-retailer's 9 infrastructure. 10 `(2) The port lessor or, if there is a port operator other than the port 11 lessor, the port operator must give the relevant 12 distributor-retailer information about the sewerage 13 infrastructure mentioned in subsection (1)(a) reasonably 14 requested by the relevant distributor-retailer in relation to the 15 grant or administration of trade waste approvals. 16 `(3) In this section-- 17 relevant distributor-retailer means the Brisbane City Council 18 or another entity that owns the infrastructure connected to the 19 sewerage infrastructure mentioned in subsection (1)(a). 20 `289W No affect on ownership 21 `This part does not affect the ownership of any infrastructure 22 for supplying water or sewerage services. 23 `289X Port land trade waste approvals 24 `(1) This section applies to instruments issued before the 25 commencement of this section-- 26 (a) purportedly as trade waste approvals for the purposes of 27 the Water Supply Act, chapter 2, part 6; and 28 (b) by the Brisbane City Council to an occupant of land at 29 the Port of Brisbane. 30 Page 128

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `(2) The instruments are taken to be trade waste approvals issued 1 on the commencement of this section for the purposes of the 2 Water Supply Act. 3 `Part 4E Port of Brisbane--other 4 matters 5 `289Y Declaration of port lessor and port lessees 6 `(1) The Treasurer may, by gazette notice-- 7 (a) declare an entity to be the port lessor for the Port of 8 Brisbane; or 9 (b) if an entity holds any Brisbane core port land under a 10 lease, sublease or licence from the port lessor--declare 11 the entity to be a port lessee for the Port of Brisbane. 12 `(2) For subsection (1)(b), it does not matter whether the entity 13 enters into the lease, sublease or licence with the port lessor or 14 is an assignee of that instrument. 15 `289Z Delegation by port lessor to port lessee or port 16 manager 17 `(1) The port lessor may delegate a function under this chapter, 18 other than under part 3A, to a port lessee or port manager. 19 Note-- 20 See the Acts Interpretation Act 1954, section 27A. 21 `(2) It is a condition of a lease of Brisbane core port land that the 22 port lessee must comply with, or ensure a port manager 23 complies with, the lawful directions of the port lessor in 24 relation to the performance of delegated functions. 25 `(3) A regulation or the conditions of a delegation may require the 26 port lessee or port manager to establish a system for 27 monitoring, and receiving and dealing with complaints about, 28 the performance of delegated functions. 29 Page 129

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `(4) In this section-- 1 delegated function means a function of the port lessor 2 delegated to a port lessee or port manager. 3 function includes power. 4 `289ZA Appointment of port manager 5 `(1) The port lessor may appoint an entity as a port manager for 6 the Port of Brisbane. 7 `(2) A port lessee may, with the written approval of the port lessor, 8 appoint an entity as a port manager for the Port of Brisbane. 9 `289ZB Liability for acts of authorised officers and others, 10 and related matters 11 `(1) If a person is appointed as an authorised officer by a delegate 12 of the port lessor-- 13 (a) the person is not an officer, employee or agent of the 14 port lessor only because of that appointment; and 15 (b) the port lessor is not civilly liable for an act done, or 16 omission made, by the person as an authorised officer. 17 `(2) If subsection (1) prevents a civil liability attaching to the port 18 lessor, the liability attaches instead to the delegate. 19 `(3) An authorised officer is not civilly liable for an act done, or 20 omission made, by the officer for a port operator honestly and 21 without negligence. 22 `(4) If subsection (3) prevents a civil liability attaching to an 23 authorised officer, the liability attaches instead to the delegate 24 that appointed the officer. 25 `(5) An employee of the port lessor or person acting for the port 26 lessor, is not civilly liable for an act done, or omission made, 27 by the employee or person for the port lessor honestly and 28 without negligence. 29 Page 130

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 122] `(6) If subsection (5) prevents a civil liability attaching to an 1 employee or person, the liability attaches instead to the port 2 lessor. 3 `289ZC Application of particular local laws to Brisbane core 4 port land 5 `(1) The following local laws of the Brisbane City Council do not 6 apply to Brisbane core port land-- 7 (a) local laws 6 (Streets, bridges, culverts etc.), 11 (Sundry 8 matters relating to structures), 13 (Foreshore and 9 retaining walls) and 14 (Parking and control of traffic); 10 (b) Heavy and Long Vehicle Parking Local Law 1999. 11 `(2) Also, a regulation may provide that a stated local law does not 12 apply, or does not apply to a stated extent, or applies with 13 stated changes, to Brisbane core port land. 14 `(3) The regulation may fix, as the time of effect, the day fixed for 15 another matter under a gazette notice made under another 16 provision of this Act. 17 Example-- 18 The regulation may fix, as the time of effect, the day on which notice is 19 published of the first land use plan for Brisbane core port land. 20 `(4) In this section-- 21 time of effect means the day on which a stated local law stops 22 applying, or stops applying to a stated extent, or starts 23 applying with stated changes, to Brisbane core port land. 24 `289ZD Delayed application of new local laws to Brisbane 25 core port land 26 `(1) This section applies to a local law made after the completion 27 day. 28 `(2) Subject to subsection (3), the local law does not apply to 29 Brisbane core port land until the later of the following days-- 30 Page 131

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 123] (a) the day that is 3 months after the day the local law is 1 made; 2 (b) the day the local law commences. 3 `(3) Subsection (2) stops applying to the local law on the 4 commencement of a regulation under section 289ZC about the 5 application or non-application of the local law to the Brisbane 6 core port land. 7 `289ZE Port lessor may substitute for port lessee 8 `(1) This section applies if, at any time after the commencement of 9 this section-- 10 (a) an entity ceases to be a port lessee; and 11 (b) another entity has not become a port lessee. 12 `(2) If this chapter requires or permits something to be done by a 13 port lessee, the thing may be done by the port lessor.'. 14 Clause 123 Amendment of s 292 (Offences) 15 (1) Section 292(1), `port authority's'-- 16 omit, insert-- 17 `port entity's'. 18 (2) Section 292(2), after `port authority's'-- 19 insert-- 20 `or relevant entity's'. 21 Clause 124 Insertion of new ss 477C-477E 22 After section 477B-- 23 insert-- 24 Page 132

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 124] `477C Concurrent subleases for declared projects 1 `(1) If a relevant entity holds a lease under the Land Act 1994 of 2 port land or land relating to a declared project that has been 3 subleased to a person, the entity may grant a concurrent 4 sublease of all or part of the land to another person for all or 5 part of the term of the lease. 6 `(2) If the Urban Land Development Authority holds a trade lease 7 of land that has been subleased to a person, the authority may 8 grant a concurrent sublease of all or part of the land to another 9 person for all or part of the term of the lease. 10 `(3) To remove any doubt, it is declared that the Minister's 11 approval under the Land Act 1994 is not required for a grant 12 of a concurrent sublease under this section. 13 `(4) The chief executive of the department that administers the 14 Land Act 1994 may record a dealing effected under this 15 section in the leasehold land register. 16 `(5) In this section-- 17 declared entity has the meaning given by the Infrastructure 18 Investment (Asset Restructuring and Disposal) Act 2009. 19 declared project has the meaning given by the Infrastructure 20 Investment (Asset Restructuring and Disposal) Act 2009. 21 lease see section 267. 22 port entity see section 267. 23 port land see section 283ZZL. 24 relevant entity means the following-- 25 (a) the State; 26 (b) a declared entity, other than the Urban Land 27 Development Authority; 28 (c) a port entity; 29 (d) a railway manager; 30 Page 133

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 124] (e) a related body corporate of a railway manager. 1 sublease see section 267. 2 `477D Rent under Land Act 1994 leases for declared 3 projects 4 `(1) This section applies to a lease, licence or permit (a relevant 5 lease, licence or permit)-- 6 (a) held under the Land Act 1994 by the State or a State 7 body; and 8 (b) that relates to-- 9 (i) a declared project; or 10 (ii) land used or required in connection with-- 11 (A) the operation of the Port of Brisbane; or 12 (B) the operation of the Abbot Point Coal 13 Terminal; or 14 (C) the operation of a railway that is leased from 15 the State or a State body; or 16 (D) activities related to any of the matters 17 described in sub-subparagraphs (A) to (C). 18 `(2) The Minister, or the Treasurer in relation to a declared project, 19 may set the rent for a relevant lease, licence, or permit, or a 20 class of relevant leases, licences or permits. 21 `(3) Without limiting this section, rent set under this section may 22 be set at zero dollars in total or for a rental period. 23 `(4) The Land Act 1994, sections 182, 183, 183A, 183AA, 184 and 24 chapter 5, part 1, division 2 do not apply to a relevant lease, 25 licence or permit, or a class of relevant leases, licences or 26 permits, for which rent is set under this section. 27 `(5) In this section-- 28 declared project see section 477C. 29 lease see section 267. 30 Page 134

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 125] Minister means the Minister administering the Land Act 1 1994. 2 State body means any of the following within the meaning of 3 the Government Owned Corporations Act 1993-- 4 (a) a GOC; 5 (b) a government entity; 6 (c) a subsidiary of a GOC or government entity. 7 `477E Licences under Land Act for declared projects 8 `(1) If a relevant entity holds a lease of land under the Land Act 9 1994 in relation to a declared project, the entity may grant a 10 licence to enter and use the land. 11 `(2) To remove any doubt, it is declared that the Minister's 12 approval under the Land Act 1994 is not required for the grant 13 of a licence under this section. 14 `(3) In this section-- 15 declared entity see section 477C. 16 lease see section 267. 17 declared project see section 477C. 18 relevant entity means the following-- 19 (a) the State; 20 (b) a declared entity; 21 (c) a railway manager; 22 (d) a related body corporate of a railway manager.'. 23 Clause 125 Insertion of new ch 20 24 After chapter 19-- 25 insert-- 26 Page 135

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 125] `Chapter 20 Transitional provisions for 1 Port of Brisbane 2 `562 Definitions for ch 20 3 `In this chapter-- 4 `commencement means the commencement of this section. 5 completion day, in relation to the Port of Brisbane, means the 6 beginning of the day of the first declaration of a port lessee for 7 the port under section 289Y. 8 interim period means the period from the commencement to 9 the completion day. 10 port area see section 267AA. 11 transition period, for a port notice immediately before the 12 completion day, means the period from the completion day 13 until the port notice is amended or replaced so that it refers to 14 the port lessor or its delegate. 15 `563 Alteration of port area of Port of Brisbane during 16 interim period 17 `(1) A regulation may alter the port area of the Port of Brisbane 18 during the interim period. 19 `(2) This section does not limit the power to make a regulation 20 under section 267AA(3). 21 `564 References to port area of Port of Brisbane during 22 interim period 23 `During the interim period, a reference in chapter 8 to the port 24 area of the Port of Brisbane includes the area of a trade lease. 25 Page 136

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 125] `565 References to port entity during interim period 1 `During the interim period, a reference in chapter 8, other than 2 sections 267AA and 267A, to a port entity in relation to the 3 Port of Brisbane is taken to be a reference to the port authority 4 for the Port of Brisbane. 5 `566 References to relevant entity for charging during 6 interim period 7 `During the interim period, for chapter 8, part 3A and section 8 267, definition charge, a subsidiary of the Port of Brisbane 9 Corporation is taken to be a relevant entity. 10 `567 References to port authority for charging during 11 interim period 12 `(1) During the interim period, a reference in chapter 8, part 3A 13 and in section 267, definition charge to a port authority is 14 taken to include a reference to a subsidiary of the Port of 15 Brisbane Corporation. 16 `(2) If a reference to a port authority is taken to include a reference 17 to a subsidiary of the Port of Brisbane Corporation under 18 subsection (1), the following apply-- 19 (a) a reference to the port of the Port of Brisbane 20 Corporation is taken to include a reference to the port of 21 the subsidiary of the Port of Brisbane Corporation; 22 (b) a reference to the port area of the Port of Brisbane 23 Corporation is taken to include a reference to the port 24 area of the subsidiary of the Port of Brisbane 25 Corporation; 26 (c) a reference to the port facilities of the Port of Brisbane 27 Corporation is taken to include a reference to the port 28 facilities of the subsidiary of the Port of Brisbane 29 Corporation. 30 Page 137

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 125] `568 Port notices of Port of Brisbane Corporation taken to 1 be port notices of port lessor or delegate during 2 transition period 3 `During the transition period-- 4 (a) a port notice displayed or published by the Port of 5 Brisbane Corporation immediately before the 6 completion day is taken to be a port notice displayed or 7 published by the port lessor or its delegate; and 8 (b) a reference in a port notice to the Port of Brisbane 9 Corporation is taken to be a reference to the port lessor 10 or its delegate. 11 `569 Application of ch 8, pt 4D during interim period 12 `(1) This section applies during the interim period. 13 `(2) For chapter 8, part 4D-- 14 (a) a reference in the part to a port operator, other than the 15 port lessor, includes a reference to a subsidiary of the 16 Port of Brisbane Corporation that is the lessee of 17 infrastructure-- 18 (i) for supplying water services or sewerage services; 19 and 20 (ii) that is owned by the Port of Brisbane Corporation; 21 and 22 (b) a reference in the part to the port lessor includes a 23 reference to the Port of Brisbane Corporation. 24 `570 When member of POBC Group not liable to pay 25 royalties or similar charges 26 `(1) This section applies during the interim period. 27 `(2) A member of POBC Group is not liable to pay royalties or 28 similar charges for extractive material removed-- 29 Page 138

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 125] (a) to maintain or improve navigational channels in its port, 1 or improve navigation in its port, if the material is 2 disposed of under relevant statutory environmental 3 controls; or 4 (b) to reclaim land that is, or is proposed to be, strategic 5 port land or Brisbane core port land. 6 `571 Authorised officers 7 `(1) This section applies to an appointment as an authorised officer 8 for the Port of Brisbane Corporation in force, immediately 9 before the completion day, under chapter 8, part 3B, division 10 2. 11 `(2) The appointment continues in force on the same conditions, 12 for a period of 3 months starting on the completion day, as if it 13 were an appointment as an authorised officer for the port 14 lessor. 15 `(3) Subsection (2) applies subject to any earlier ending of the 16 appointment, or change of conditions of the appointment, 17 under this Act. 18 `572 Delegation 19 `(1) The Port of Brisbane Corporation, during the interim period, 20 may delegate its functions under chapter 8 to a subsidiary of 21 the Port of Brisbane Corporation. 22 `(2) In this section-- 23 functions includes powers. 24 `573 Abandoned property 25 `(1) This section applies to any property that-- 26 (a) immediately before the completion day, is abandoned 27 under chapter 8, part 4B and in the possession of the 28 Port of Brisbane Corporation; and 29 Page 139

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] (b) is abandoned on land that, on the completion day, is in 1 the port area of the Port of Brisbane. 2 `(2) Anything done by the Port of Brisbane Corporation under 3 chapter 8, part 4B in relation to the property is taken to have 4 been done by the port operator. 5 `574 Proceeds from the sale of abandoned property 6 `(1) This section applies if-- 7 (a) property is abandoned on land that, on the completion 8 day, is in the port area; and 9 (b) immediately before the completion day, the Port of 10 Brisbane Corporation is holding an amount that is, 11 under section 289M, proceeds of sale of the property. 12 `(2) From the completion day, section 289M continues to apply to 13 the port operator in relation to the amount. 14 `575 Amendment of regulations 15 `The amendment of a regulation by the Transport and Other 16 Legislation Amendment Act (No. 2) 2010, chapter 2 does not 17 affect the power of the Governor in Council to further amend 18 the regulation or to repeal it.'. 19 Clause 126 Insertion of new sch 5B 20 After schedule 5A-- 21 insert-- 22 Page 140

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] `Schedule 5B Core port infrastructure, port 1 related development and port 2 prohibited development 3 section 283I, definitions core port infrastructure, port prohibited 4 development and port related development 5 `Part 1 Definitions for schedule 5B 6 `In this schedule-- 7 food and drink outlet means premises used for preparing and 8 selling food or drink to the public, on a regular basis, for 9 consumption on or off the premises. 10 freight warehouse or depot means premises used to receive, 11 store, or distribute goods, if at least 75% of the goods are, in 12 each year, transported by ship through the Port of Brisbane. 13 hospital means premises-- 14 (a) used for medical or surgical care or treatment of 15 patients; and 16 (b) at which accommodation is provided for inpatients to 17 stay overnight. 18 medical centre means premises-- 19 (a) used for medical or surgical care or treatment of 20 patients; and 21 (b) at which accommodation is not provided for patients to 22 stay overnight. 23 nature based recreation facility means premises used for 24 minor recreational facilities that cause minimal impact on the 25 environment. 26 Page 141

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] Examples-- 1 boardwalks, picnic facilities and premises used to educate visitors about 2 an area's ecology 3 office-- 4 1 Office means premises used for an administrative, 5 professional or management service, other than the 6 manufacture or sale of goods. 7 Example-- 8 a financial institution's office 9 2 However, office does not include ancillary offices for 10 core port infrastructure. 11 port terminal facility-- 12 1 Port terminal facility means premises used for handling 13 shipping freight or dealing with a ship's passengers. 14 2 Port terminal facility includes facilities within a 15 building that are used to provide goods and services, 16 including, for example, services to a ship's passengers. 17 Example of facilities for paragraph 2-- 18 · arts and craft stores, bookstores, gift or souvenir stores, 19 newsagencies, pharmacies and toy stores 20 · tourism or accommodation booking offices 21 residential development means premises in which people 22 reside or stay, whether permanently or temporarily. 23 Examples-- 24 dwelling house, hostel, hotel, motel, multiple dwelling, relocatable 25 home park, residential care facility, retirement facility and caretaker's 26 accommodation 27 seafarers' centre means premises where chaplaincy services 28 and rest and recreational facilities are provided primarily for 29 seafarers. 30 service station-- 31 1 Service station means premises used primarily for the 32 sale of fuel for vehicles. 33 Page 142

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] 2 Service station includes part of any premises mentioned 1 in paragraph 1 used to maintain, service, repair, clean or 2 hire vehicles, or as a shop (minor) or food and drink 3 outlet. 4 shop (minor) means premises that-- 5 (a) are used for the display or retail of goods or personal 6 services; and 7 (b) have a gross floor area of not more than 2500m2. 8 Examples-- 9 beauty salon, dry cleaning shop, laundromat and supermarket 10 shopping facility (major) means a building or group of 11 buildings that-- 12 (a) are used primarily as shops or retail showrooms; and 13 (b) are an integrated development; and 14 (c) have a gross floor area of more than 2500m2. 15 Examples-- 16 department store, discount department store, discount factory outlet, 17 retail warehouse, shopping centre and a showroom or wholesale facility 18 sport and recreation (major) means premises that-- 19 (a) are used for sporting or recreational activities; and 20 (b) have an area of more than 2500m2. 21 Examples-- 22 race track, sporting field and motor sport track 23 tourist attraction (major) means premises that-- 24 (a) are used primarily for public entertainment or 25 recreation; and 26 (b) have an area of more than 2500m2. 27 Examples-- 28 theme park and zoo 29 Page 143

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] transport and equipment depot means premises used to 1 garage, store or maintain vehicles and equipment, including, 2 for example, trucks and earthmoving equipment. 3 visitor centre means premises used primarily to provide 4 information to visitors about the Port of Brisbane or training 5 relating to the port, including premises containing an office, 6 cafe or meeting rooms. 7 warehouse (general) means a building used for the storage or 8 distribution of goods, other than a freight warehouse or depot 9 or transport and equipment depot. 10 wind farm means premises that-- 11 (a) are used for generating electricity by wind force; and 12 (b) have an area of more than 2500m2. 13 14 `Part 2 Core port infrastructure 15 `The following are core port infrastructure for Brisbane core 16 port land-- 17 (a) berths; 18 (b) bulk loading and unloading facilities; 19 (c) communications or telecommunications facilities; 20 (d) conveyors and pipelines; 21 (e) customs, immigration and quarantine facilities, 22 including facilities for underbond storage and housing 23 of animals; 24 (f) defence facilities; 25 (g) emergency service facilities, including, for example, a 26 base for water police; 27 (h) facilities for handling dredged material; 28 (i) freight warehouse or depot; 29 Page 144

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 126] (j) monitoring facilities, including, for example a facility to 1 monitor weather or tides; 2 (k) port terminal facilities; 3 (l) roads, driveways, flyovers and other accesses; 4 (m) security facilities; 5 (n) ship building facilities and dry docks; 6 (o) signage, other than advertising billboards; 7 (p) storage yards; 8 (q) transport and equipment depot; 9 (r) transport infrastructure; 10 (s) utilities for water supply, sewerage, drainage, waste 11 storage and collection, electricity supply and 12 transmission; 13 (t) vehicle parking facilities; 14 (u) weighbridges; 15 (v) wharves and associated structures, including hydraulic 16 structures, structures used for shipping purposes and 17 wharf protection devices; 18 (w) ancillary offices for infrastructure mentioned in 19 paragraphs (a) to (v). 20 `Part 3 Port prohibited development 21 `Development for a following purpose is port prohibited 22 development for Brisbane core port land-- 23 (a) hospital; 24 (b) sport and recreation (major); 25 (c) residential development; 26 (d) shopping facility (major); 27 Page 145

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] (e) tourist attraction (major); 1 (f) wind farm.'. 2 `Part 4 Port related development 3 `Development for a following purpose is port related 4 development for Brisbane core port land-- 5 (a) food and drink outlet; 6 (b) medical centre; 7 (c) nature based recreation facility; 8 (d) office; 9 (e) park; 10 (f) seafarers' centre; 11 (g) service station; 12 (h) shop (minor); 13 (i) visitor centre; 14 (j) warehouse (general).'. 15 Clause 127 Amendment of sch 6 (Dictionary) 16 (1) Schedule 6, definitions development, draft plan, port, port 17 area and statement of proposal-- 18 omit. 19 (2) Schedule 6-- 20 insert-- 21 `advice agency means an advice agency for a development 22 application under the Planning Act. 23 assessment manager means the assessment manager for a 24 development application under the Planning Act. 25 Page 146

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] balance port land see section 283I. 1 Brisbane core port land see section 283I. 2 Brisbane port LUP see section 283I. 3 Brisbane port railway land, for chapter 8, part 3C, see section 4 283I. 5 community infrastructure designation for chapter 8, part 3C, 6 see section 283I. 7 completion day-- 8 (a) for chapter 8, see section 267; or 9 (b) for chapter 20, see section 562. 10 concurrence agency means a concurrence agency for a 11 development application under the Planning Act. 12 consultation period, for chapter 8, part 3C, see section 283I. 13 contributions schedule, for chapter 8, part 3C, see section 14 section 283I. 15 core matters, for chapter 8, part 3C, see section 283I. 16 core port infrastructure see section 283I. 17 development-- 18 (a) for chapter 8, part 3C, means development under the 19 Planning Act; or 20 (b) for chapter 11, see section 402. 21 development application means an application for a 22 development approval. 23 development approval means a development approval under 24 the Planning Act. 25 draft plan-- 26 (a) for chapter 8, part 3C, see section 283I; or 27 (b) for chapter 8, part 4, see section 285B. 28 Page 147

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] first Brisbane port LUP, for chapter 8, part 3C, see section 1 section 283I. 2 food and drink outlet, for schedule 5B, see schedule 5B, part 3 1. 4 former land use plan, for chapter 8, part 3C, see section 5 section 283I. 6 freight warehouse or depot, for schedule 5B, see schedule 7 5B, part 1. 8 high-water mark, for chapter 8, part 3C, see section 283I. 9 hospital, for schedule 5B, see schedule 5B, part 1. 10 IDAS means the system detailed in the Planning Act, chapter 11 3, for integrating State and local government assessment and 12 approval processes for development. 13 IDAS process means the process for dealing with a 14 development application under the IDAS stages under the 15 Planning Act. 16 interim period, for chapter 20, see section 562. 17 Land Act, for chapter 8, see section 267. 18 land use and development, for chapter 8, part 3C, see section 19 283I. 20 lease, for chapters 8 and 20, see section 267. 21 material change of use see the Planning Act, section 10. 22 medical centre, for schedule 5B, see schedule 5B, part 1. 23 member of POBC Group means the Port of Brisbane 24 Corporation or a subsidiary of the Port of Brisbane 25 Corporation. 26 Minister, for chapter 8, part 3C, division 6, see section 27 283ZZL. 28 minor amendment (LUP), for chapter 8, part 3C, see section 29 283I. 30 Page 148

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] nature based recreation facility, for schedule 5B, see 1 schedule 5B, part 1. 2 office, for schedule 5B, see schedule 5B, part 1. 3 operational work see the Planning Act, section 10(1). 4 park, for schedule 5B, see schedule 5B, part 1. 5 plan commencement day, for chapter 8, part 3C, see section 6 283I. 7 planned transport infrastructure, for chapter 8, part 3C, see 8 section 283I. 9 Planning Act means the Sustainable Planning Act 2009. 10 planning chief executive means the chief executive of the 11 department in which the Planning Act is administered. 12 planning Minister means the Minister administering the 13 Planning Act. 14 planning scheme means a planning scheme under the 15 Planning Act. 16 port-- 17 (a) of a port authority, means a port for which the authority 18 is responsible; or 19 (b) of the port lessor, means the port for which the port 20 lessor is declared to be the port lessor; or 21 (c) of a port lessee, means the port for which the port lessee 22 is declared to be a port lessee; or 23 (c) of a port manager, means a port for which the port lessor 24 that appointed, or approved the appointment of, the port 25 manager, is declared to be the port lessor. 26 port agreement, for chapter 8, see section 267. 27 port area, for chapters 8 and 20, see section 267AA. 28 port entity, for chapters 8 and 20, see section 267. 29 port land, for chapter 8, part 3C, division 6, see section 30 283ZZL. 31 Page 149

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] port lease, for chapter 8, part 3C, division 6, see section 1 283ZZL. 2 port lessee see section 267. 3 port lessor see section 267. 4 port manager see section 267. 5 Port of Brisbane Corporation means Port of Brisbane 6 Corporation Limited ACN 124 048 522. 7 port operator, for chapters 8 and 20, see section 267. 8 port prohibited development see section 283I. 9 port related development see section 283I. 10 port services, for chapter 8, see section 267. 11 port terminal facility, for schedule 5B, see schedule 5B, part 12 1. 13 port user, for chapter 8, see section 267. 14 precinct, for chapter 8, part 3C, see section 283I. 15 premises, for chapter 8, part 3C and schedule 5B, see section 16 283I. 17 priority infrastructure interface plan, for chapter 8, part 3C, 18 see section 283I. 19 priority infrastructure plan, for chapter 8, part 3C, see 20 section 283I. 21 properly made submission, for chapter 8, part 3C, see section 22 283I. 23 reconfiguring a lot see the Planning Act, section 10. 24 referral agency means a referral agency for a development 25 application under the Planning Act. 26 registered interest, for chapter 8, part 3C, see section 283I. 27 related body corporate has the meaning given in the 28 Corporations Act. 29 relevant entity, for chapters 8 and 20, see section 267. 30 Page 150

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 18 Amendment of Transport Infrastructure Act 1994 relating to Port of Brisbane [s 127] residential development, for schedule 5B, see schedule 5B, 1 part 1. 2 seafarers' centre, for schedule 5B, see schedule 5B, part 1. 3 service provider, for chapter 8, part 3C, see section 283I. 4 service station, for schedule 5B, see schedule 5B, part 1. 5 shop (minor), for schedule 5B, see schedule 5B, part 1. 6 shopping facility (major), for schedule 5B, see schedule 5B, 7 part 1. 8 sport and recreation (major), for schedule 5B, see schedule 9 5B, part 1. 10 State interest, for chapter 8, part 3C, see section 283I. 11 statement of proposal-- 12 (a) for chapter 8, part 3C, see section 283I; or 13 (b) for chapter 8, part 4, see section 285A. 14 State planning instrument, for chapter 8, part 3C, see section 15 283I. 16 strategic plan, for chapter 8, part 3C, see section 283I. 17 sublease, for chapters 8 and 20, see section 267. 18 subsidiary, of a body corporate, has the meaning given in the 19 Corporations Act. 20 table of assessment, for chapter 8, part 3C, see section 283I. 21 tourist attraction (major), for schedule 5B, see schedule 5B, 22 part 1. 23 trade lease see section 267. 24 transition period, for chapter 20, see section 562. 25 transport and equipment depot, for schedule 5B, see schedule 26 5B, part 1. 27 transport Minister, for chapter 8, part 3C, see section 283I. 28 transport reasons, for chapter 8, part 3C, see section 283I. 29 Page 151

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 19 Amendment of Transport Infrastructure (Ports) Regulation 2005 [s 128] Treasurer means the Minister who administers the Financial 1 Accountability Act 2009. 2 Urban Land Development Authority means the Urban Land 3 Development Authority established under the Urban Land 4 Development Act 2007. 5 valuable features, for chapter 8, part 3C, see section 283I. 6 vessel, for chapter 8, see section 267. 7 visitor centre, for schedule 5B, see schedule 5B, part 1. 8 warehouse (general), for schedule 5B, see schedule 5B, part 9 1. 10 Water Supply Act, for chapter 8, part 4D, see section 289R. 11 wind farm, for schedule 5B, see schedule 5B, part 1.'. 12 (3) Schedule 6, definition commencement-- 13 insert-- 14 `(d) for chapter 20, see section 562.'. 15 Part 19 Amendment of Transport 16 Infrastructure (Ports) 17 Regulation 2005 18 Clause 128 Regulation amended 19 This part amends the Transport Infrastructure (Ports) 20 Regulation 2005. 21 Clause 129 Amendment of sch 2 (Port Management) 22 Schedule 2, entry for Brisbane-- 23 omit. 24 Page 152

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 20 Amendment of Transport Infrastructure (Rail) Regulation 2006 [s 130] Part 20 Amendment of Transport 1 Infrastructure (Rail) Regulation 2 2006 3 Clause 130 Regulation amended 4 This part amends the Transport Infrastructure (Rail) 5 Regulation 2006. 6 Clause 131 Amendment of s 38 (Commercial activities) 7 (1) Section 38(2) and (3), `QR Limited'-- 8 omit, insert-- 9 `a rail GOC'. 10 (2) Section 38(4)-- 11 omit. 12 Part 21 Amendment of Transport 13 Operations (Marine Pollution) 14 Act 1995 15 Clause 132 Act amended 16 This part amends the Transport Operations (Marine 17 Pollution) Act 1995. 18 Clause 133 Amendment of s 17 (Development and approval of marine 19 pollution prevention and response programs) 20 Section 17(4) after `port authorities'-- 21 Page 153

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 21 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 134] insert-- 1 `, port operators'. 2 Clause 134 Amendment of s 66 (Reception facilities) 3 (1) Section 66(2), (3), (5) and (7), after `owner or occupier'-- 4 insert-- 5 `or a port operator'. 6 (2) Section 66(6), after `owner's or occupier's' 7 insert-- 8 `or a port operator's'. 9 Clause 135 Amendment of s 93 (State has prime responsibility for 10 directing emergency response) 11 (1) Section 93(3) and (4), after `port authority'-- 12 insert-- 13 `or port operator'. 14 (2) Section 93(5), `or port authority'-- 15 omit, insert-- 16 `, port authority or port operator'. 17 Clause 136 Amendment of s 111 (Definitions for part) 18 (1) Section 111, definition discharge expenses, `or a port 19 authority'-- 20 omit, insert-- 21 `, a port authority or a port operator'. 22 (2) Section 111, definition discharge expenses, `or port 23 authority'-- 24 Page 154

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 21 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 137] omit, insert-- 1 `, port authority or port operator'. 2 Clause 137 Amendment of s 113 (Detained ship must be released on 3 giving security) 4 (1) Section 113(2) and (3), after `port authority's'-- 5 insert-- 6 `or port operator's'. 7 (2) Section 113(3), `the authority'-- 8 omit, insert-- 9 `the port authority or port operator'. 10 Clause 138 Amendment of s 115 (Recovery of discharge expenses) 11 (1) Section 115(1), `or a port authority'-- 12 omit, insert-- 13 `, a port authority or a port operator'. 14 (2) Section 115(2), after `port authority's'-- 15 insert-- 16 `or port operator's'. 17 (3) Section 115(10), after `port authority'-- 18 insert-- 19 `or port operator'. 20 Clause 139 Amendment of s 118 (Evidentiary provisions) 21 Section 118(9), `or a port authority'-- 22 omit, insert-- 23 `, a port authority or a port operator'. 24 Page 155

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 21 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 140] Clause 140 Amendment of s 122 (How discharge expenses may be 1 recovered) 2 (1) Section 122(1), `or a port authority'-- 3 omit, insert-- 4 `, a port authority or a port operator'. 5 (2) Section 122(2), after `port authority's-- 6 insert-- 7 `or port operator's'. 8 (3) Section 122(2), (3) and (4), after `port authority'-- 9 insert-- 10 `or port operator'. 11 Clause 141 Amendment of s 127 (Court may make orders about 12 rehabilitation etc.) 13 (1) Section 127(3)(b), `or a port authority'-- 14 omit, insert-- 15 `, a port authority or a port operator'. 16 (2) Section 127(3), `or the port authority'-- 17 omit, insert-- 18 `, the port authority or the port operator'. 19 Clause 142 Amendment schedule (Dictionary) 20 Schedule-- 21 insert-- 22 `port operator has the meaning given in the Transport 23 Infrastructure Act 1994, section 267.'. 24 Page 156

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 22 Amendment of Transport Operations (Marine Pollution) Regulation 2008 [s 143] Part 22 Amendment of Transport 1 Operations (Marine Pollution) 2 Regulation 2008 3 Clause 143 Regulation amended 4 This part amends the Transport Operations (Marine 5 Pollution) Regulation 2008. 6 Clause 144 Amendment of s 80 (Authorised officers) 7 Section 80(1)-- 8 insert-- 9 `(da) an officer or employee of a port operator;'. 10 Part 23 Amendment of Transport 11 Operations (Marine Safety) Act 12 1994 13 Clause 145 Act amended 14 This part amends the Transport Operations (Marine Safety) 15 Act 1994. 16 Clause 146 Amendment of s 25 (Development of marine safety 17 implementation programs) 18 Section 25(4), after `port authorities'-- 19 insert-- 20 `or a port operator'. 21 Page 157

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 24 Amendment of Transport Operations (Marine Safety) Regulation 2004 [s 147] Clause 147 Amendment schedule (Dictionary) 1 Schedule-- 2 insert-- 3 `port operator has the meaning given in the Transport 4 Infrastructure Act 1994, section 267.'. 5 Part 24 Amendment of Transport 6 Operations (Marine Safety) 7 Regulation 2004 8 Clause 148 Regulation amended 9 This part amends the Transport Operations (Marine Safety) 10 Regulation 2004. 11 Clause 149 Amendment of s 140 (Reporting requirements for ship 12 with dangerous cargo) 13 (1) Section 140(5), `or the Bundaberg pilotage area'-- 14 omit. 15 (2) Section 140(10), definition DGTrac system, after `the Port of 16 Brisbane Corporation Limited'-- 17 insert-- 18 `, a subsidiary of the Port of Brisbane Corporation or a port 19 operator'. 20 (3) Section 140(10), definition DGTrac system, `and the 21 Bundaberg pilotage area'-- 22 omit. 23 Page 158

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 25 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 150] Clause 150 Amendment of s 210 (Limitations on buoy mooring 1 approvals) 2 Section 210(2), after `port authority'-- 3 insert-- 4 `or a port operator'. 5 Part 25 Amendment of Transport 6 Operations (Passenger 7 Transport) Act 1994 8 Clause 151 Act amended 9 This part amends the Transport Operations (Passenger 10 Transport) Act 1994. 11 Clause 152 Amendment of s 111 (Appointment of authorised persons 12 generally) 13 (1) Section 111(6)(a), `QR Passenger Pty Ltd ACN 132 181 14 090'-- 15 omit, insert-- 16 `a rail GOC or a subsidiary of a rail GOC'. 17 (2) Section 111(6)(b), `QR Passenger Pty Ltd ACN 132 181 18 090'-- 19 omit, insert-- 20 `the rail GOC or subsidiary'. 21 (3) Section 111-- 22 insert-- 23 Page 159

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 26 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 153] `(7) In this section-- 1 `rail GOC see the Transport Infrastructure Act 1994, schedule 2 6.'. 3 Part 26 Amendment of Transport 4 Operations (Passenger 5 Transport) Regulation 2005 6 Clause 153 Regulation amended 7 This part amends the Transport Operations (Passenger 8 Transport) Regulation 2005. 9 Clause 154 Amendment of s 144 (Operation of Brisbane Airport Rail 10 Link) 11 (1) Section 144(1), `QR Passenger Pty Ltd ACN 132 181 090'-- 12 omit, insert-- 13 `a rail GOC or a subsidiary of a rail GOC'. 14 (2) Section 144(3)-- 15 insert-- 16 `rail GOC see the Transport Infrastructure Act 1994, schedule 17 6.'. 18 (3) Section 144(3), definition BARL, `QR Network Pty Ltd ACN 19 132 181 116'-- 20 omit, insert-- 21 `a rail GOC or a subsidiary of a rail GOC'. 22 Page 160

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 27 Amendment of Transport Planning and Coordination Act 1994 [s 155] Part 27 Amendment of Transport 1 Planning and Coordination Act 2 1994 3 Clause 155 Act amended 4 This part amends the Transport Planning and Coordination 5 Act 1994. 6 Clause 156 Amendment of s 3 (Definitions) 7 Section 3, definition transport GOC-- 8 omit, insert-- 9 `transport GOC means-- 10 (a) a rail GOC or GOC port authority within the meaning of 11 the Transport Infrastructure Act 1994; or 12 (b) any other GOC or candidate GOC (within the meaning 13 of the Government Owned Corporations Act 1993), on 14 which functions are conferred under the Transport 15 Infrastructure Act 1994.'. 16 Part 28 Amendment of Transport 17 (South Bank Corporation Area 18 Land) Act 1999 19 Clause 157 Act amended 20 This part amends the Transport (South Bank Corporation 21 Area Land) Act 1999. 22 Page 161

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 29 Amendment of Urban Land Development Authority Act 2007 [s 158] Clause 158 Replacement of s 13 (Exemption from fees and charges) 1 Section 13-- 2 omit, insert-- 3 `13 Exemption from fees and charges 4 `(1) No fee or charge, including any duty under the Duties Act 5 2001, is payable by any of the following in relation to dealings 6 with land to give effect to this part-- 7 (a) the State; 8 (b) the corporation; 9 (c) a rail GOC; 10 (d) QR Limited ACN 124 649 967; 11 (e) a related body corporate of an entity mentioned in 12 paragraph (c) or (d). 13 `(2) In this section-- 14 rail GOC see the Transport Infrastructure Act 1994, schedule 15 6. 16 related body corporate has the meaning given in the 17 Corporations Act.'. 18 Part 29 Amendment of Urban Land 19 Development Authority Act 20 2007 21 Clause 159 Act amended 22 This part amends the Urban Land Development Authority Act 23 2007. 24 Page 162

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 29 Amendment of Urban Land Development Authority Act 2007 [s 160] Clause 160 Insertion of new s 14A 1 After section 14-- 2 insert-- 3 `14A Special provision for Northshore Hamilton urban 4 development area 5 `(1) This section applies in relation to balance port land that is in 6 the Northshore Hamilton urban development area under this 7 Act. 8 `(2) A person may apply to the authority to restart a use of 9 premises on the land if-- 10 (a) the use-- 11 (i) is authorised under a development approval issued 12 by the Port of Brisbane Corporation before the day 13 the first interim land use plan had effect; or 14 (ii) was a lawful use of premises immediately before 15 the taking of effect of the first interim land use 16 plan; or 17 (ii) is generally consistent with a use mentioned in 18 subparagraph (i) or (ii); and 19 (b) the application is made within 6 months after the use 20 stopped. 21 `(3) For making, dealing with and deciding the application, part 4, 22 division 3 applies, with any necessary changes, as if it were a 23 UDA development application. 24 `(4) A person may, under section 75, apply to the authority to 25 change a development approval for a use mentioned in 26 subsection (2)(a)(i) or (ii) to an extent that-- 27 (a) only changes the configuration or layout of buildings, 28 other structures or plant; and 29 (b) does not involve an extension of the area of any 30 buildings, other structures or plant. 31 Page 163

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 2 Amendments relating to rail and Port of Brisbane Part 29 Amendment of Urban Land Development Authority Act 2007 [s 160] `(5) A person may apply to the authority to change a development 1 approval issued by the Port of Brisbane Corporation before 2 the day the first interim land use plan had effect, as if the 3 approval were a UDA development approval. 4 `(6) An application under subsection (4) or (5) may be made under 5 section 75 as if it were an amendment application under that 6 section. 7 Note-- 8 Under section 75(2), an amendment application may be made only if the 9 authority is satisfied the change would not result in the relevant 10 development being materially different. 11 `(7) An application mentioned in this section may be made to the 12 authority, and approved by the authority, despite any provision 13 of the northshore scheme that prohibits the development. 14 `(8) An application mentioned in this section may be made in 15 relation to premises from the commencement until the day the 16 term of the current lease for the premises ends. 17 `(9) In this section-- 18 balance port land see the Transport Infrastructure Act 1994, 19 section 283I. 20 commencement means the day this section commences. 21 current lease, for premises, means a lease that is in existence 22 for the premises immediately before the commencement of 23 this section. 24 first interim land use plan means the first interim land use 25 plan for the Northshore Hamilton urban development area 26 under this Act. 27 Port of Brisbane Corporation means Port of Brisbane 28 Corporation Limited ACN 124 048 522.'. 29 Page 164

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 30 Amendment of Workplace Health and Safety Regulation 2008 [s 161] Part 30 Amendment of Workplace 1 Health and Safety Regulation 2 2008 3 Clause 161 Regulation amended 4 This part amends the Workplace Health and Safety Regulation 5 2008. 6 Clause 162 Amendment of sch 18 (Dictionary) 7 Schedule 18, definition relevant authority-- 8 omit. 9 Chapter 3 Particular amendments 10 relating to busways or light 11 rail 12 Part 1 Amendment of Land Act 1994 13 Clause 163 Act amended 14 This part amends the Land Act 1994. 15 Clause 164 Amendment of s 390B (Particular dealing with rail land) 16 (1) Section 390B, heading, `rail'-- 17 omit, insert-- 18 `prescribed'. 19 (2) Section 390B(1) and (2), `rail'-- 20 Page 165

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 165] omit, insert-- 1 `prescribed'. 2 (3) Section 390B-- 3 insert-- 4 `(4) In this section-- 5 busway land means land declared as busway land under the 6 Transport Infrastructure Act 1994, chapter 9. 7 light rail land means land declared as light rail land under the 8 Transport Infrastructure Act 1994, chapter 10. 9 prescribed land means-- 10 (a) busway land; or 11 (b) light rail land; or 12 (c) rail land.'. 13 Part 2 Amendment of Transport 14 Infrastructure Act 1994 15 Clause 165 Act amended 16 This part amends the Transport Infrastructure Act 1994. 17 Clause 166 Amendment of s 2 (Objectives of this Act) 18 (1) Section 2(2)(i)-- 19 insert-- 20 `(x) contributes to lower transport costs by allowing the 21 maximum flexibility in busway and light rail 22 transport operations consistent with achieving 23 safety objectives; and 24 Page 166

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 167] (xi) allows managers and operators of busways and 1 light rail to make decisions on a commercial basis; 2 and'. 3 (2) Section 2(2)(j)-- 4 insert-- 5 `(iv) the construction, management and operation of 6 light rail transport infrastructure under a light rail 7 franchise agreement.'. 8 Clause 167 Insertion of new s 303AB 9 After section 303AA-- 10 insert-- 11 `303AB Licence in relation to busway land or busway 12 transport infrastructure 13 `(1) The chief executive may, for the State, grant to a person a 14 licence in relation to busway land or busway transport 15 infrastructure for any of the following purposes-- 16 (a) construction, maintenance or operation of any thing on 17 the land; 18 (b) the use of the land or infrastructure for any purpose, 19 including, for example, a commercial or retail purpose; 20 Examples-- 21 · the erection, alteration or operation of an advertising sign or 22 other advertising device 23 · a retail outlet 24 (c) maintenance, management or operation of the land or 25 infrastructure. 26 `(2) A licence under subsection (1) is subject to any conditions 27 that the chief executive considers appropriate and that are 28 stated in the licence. 29 `(3) If a licence is granted under subsection (1) in relation to 30 busway land-- 31 Page 167

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 168] (a) the chief executive must give written notice of the 1 licence to the registrar of titles; and 2 (b) the registrar of titles must record the licence against the 3 land, including any lease and sublease of the land, in the 4 appropriate register. 5 `(4) A licence under subsection (1) may be mortgaged, 6 sublicenced or transferred with the consent of the chief 7 executive. 8 `(5) Despite the Land Act 1994, chapter 4, part 4, the chief 9 executive of the department in which that Act is administered 10 can not issue a permit to occupy-- 11 (a) busway land to which a licence under subsection (1) 12 relates; or 13 (b) land on which busway transport infrastructure to which 14 a licence under subsection (1) relates is, or is proposed 15 to be, situated. 16 `(6) Subsection (7) applies if there is any inconsistency between-- 17 (a) a local government's control of a road under the Local 18 Government Act 1993, section 901 or the Local 19 Government Act 2009, section 60, other than for a 20 matter mentioned in section 305 or 307 of this Act; and 21 (b) a provision of a licence under subsection (1). 22 `(7) To the extent of the inconsistency the provision of the licence 23 prevails. 24 `(8) In this section-- 25 busway land includes land-- 26 (a) held by the chief executive on behalf of the State; and 27 (b) on which busway transport infrastructure is, or is 28 proposed to be, situated.'. 29 Clause 168 Amendment of s 352 (Definition for pt 3) 30 Section 352, definition road-- 31 Page 168

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 169] omit, insert-- 1 `road-- 2 (a) means a road under the Land Act 1994; and 3 (b) includes a State-controlled road.'. 4 Clause 169 Amendment of s 353 (Declaration of land as light rail 5 land) 6 (1) Section 353(2)(b), after `infrastructure'-- 7 insert-- 8 `, which may be land on which transport infrastructure other 9 than light rail transport infrastructure is situated or operated'. 10 (2) Section 353(4)(a) and (b)-- 11 omit, insert-- 12 `(a) unallocated State land and other land held by the State; 13 or 14 (b) land granted in trust under the Land Act 1994, chapter 3, 15 part 1, division 3; or'. 16 Clause 170 Amendment of s 354 (Effect on land of light rail 17 declaration) 18 (1) Section 354(4)-- 19 omit. 20 (2) Section 354(3A)-- 21 renumber as section 354(4). 22 (3) Section 354(5), `Governor in Council'-- 23 omit, insert-- 24 `Minister administering the Land Act 1994'. 25 Page 169

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 171] Clause 171 Amendment of s 355 (Sublease of lease of light rail land) 1 (1) Section 355(10)-- 2 renumber as section 355(12). 3 (2) Section 355-- 4 insert-- 5 `(10) Despite subsection (1) or (4), the Minister may impose any 6 condition on a sublease, option or subsequent sublease 7 granted under this section that the Minister considers 8 necessary to-- 9 (a) achieve the objectives of this Act mentioned in section 10 2; or 11 (b) ensure public safety. 12 `(11) A condition imposed by the Minister under subsection (10) 13 takes effect on the day stated in a notice given, for the 14 purposes of this subsection, by the Minister to the other party 15 to the sublease, option or subsequent sublease.'. 16 Clause 172 Insertion of new s 355A 17 After section 355-- 18 insert-- 19 `355A Licence in relation to light rail land or infrastructure 20 `(1) The chief executive may, for the State, grant to a person a 21 licence in relation to light rail land or light rail transport 22 infrastructure for any of the following purposes-- 23 (a) construction, maintenance or operation of any thing on 24 the land; 25 (b) the use of the land or infrastructure for any purpose, 26 including, for example, a commercial or retail purpose; 27 Examples-- 28 · the erection, alteration or operation of an advertising sign or 29 other advertising device 30 Page 170

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 172] · a retail outlet 1 (c) maintenance, management or operation of the land or 2 infrastructure. 3 `(2) A licence under subsection (1) is subject to any conditions 4 that the chief executive considers appropriate and that are 5 stated in the licence. 6 `(3) If a licence is granted under subsection (1) in relation to light 7 rail land-- 8 (a) the chief executive must give written notice of the 9 licence to the registrar of titles; and 10 (b) the registrar of titles must record the licence against the 11 land, including any lease and sublease of the land, in the 12 appropriate register. 13 `(4) A licence under subsection (1) may be mortgaged, 14 sublicenced or transferred with the consent of the chief 15 executive. 16 `(5) Despite the Land Act 1994, chapter 4, part 4, the chief 17 executive of the department in which that Act is administered 18 can not issue a permit under that provision to occupy-- 19 (a) light rail land to which a licence under subsection (1) 20 relates; or 21 (b) land on which light rail transport infrastructure to which 22 a licence under subsection (1) relates is, or is proposed 23 to be, situated. 24 `(6) Subsection (7) applies if there is any inconsistency between-- 25 (a) a local government's control of a road under the Local 26 Government Act 1993, section 901 or the Local 27 Government Act 2009, section 60, other than for a 28 matter mentioned in section 357 or 358 of this Act; and 29 (b) a provision of a licence under subsection (1). 30 `(7) To the extent of the inconsistency the provision of the licence 31 prevails. 32 `(8) In this section-- 33 Page 171

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 173] light rail land includes land-- 1 (a) held by the chief executive on behalf of the State; and 2 (b) on which light rail transport infrastructure is, or is 3 proposed to be, situated.'. 4 Clause 173 Amendment of s 360A (Powers of chief executive for light 5 rail transport infrastructure works contracts etc.) 6 (1) Section 360A(1)(b) and (c)-- 7 omit, insert-- 8 `(b) works on land affected by a light rail or a proposed light 9 rail, including, for example, road works on a road; or 10 (c) other works that contribute to the effectiveness and 11 efficiency of the light rail network; or 12 (d) the operation of a light rail; or 13 (e) the operation of a public passenger service using light 14 rail transport infrastructure.'. 15 (2) Section 360A(10)(c) and (d)-- 16 omit, insert-- 17 `(c) works on land affected by a light rail or a proposed light 18 rail, including, for example, road works on a road; or 19 (d) other works that contribute to the effectiveness and 20 efficiency of the light rail network; or 21 (e) the operation of a light rail; or 22 (f) the operation of a public passenger service using light 23 rail transport infrastructure;'. 24 Clause 174 Insertion of new s 361A 25 Chapter 10, part 4, division 2-- 26 insert-- 27 Page 172

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 175] `361A Definition for div 2 1 `In this division-- 2 interfere with, light rail transport infrastructure, includes 3 carrying out works on the infrastructure.'. 4 Clause 175 Amendment of s 362 (Interfering with light rail transport 5 infrastructure) 6 (1) Section 362, heading, after `infrastructure'-- 7 insert-- 8 `or works'. 9 (2) Section 362(1), from `(1)' to `executive; or'-- 10 omit, insert-- 11 `(1) A person must not interfere with light rail transport 12 infrastructure or light rail transport infrastructure works, 13 unless-- 14 (a) the person has the written approval of-- 15 (i) for light rail transport infrastructure for light rail 16 for which there is a light rail manager--the 17 manager; or 18 (ii) for light rail transport infrastructure works 19 constructed or maintained for, or that facilitate 20 operation of, light rail transport infrastructure for 21 light rail for which there is a light rail 22 manager--the manager; or 23 (iii) otherwise--the chief executive; or'. 24 (3) Section 362(1)(b) and (c) and (2), `or works are'-- 25 omit, insert-- 26 `is'. 27 Page 173

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 176] Clause 176 Amendment of s 363 (Rectifying unauthorised 1 interference or works) 2 (1) Section 363, heading `or works'-- 3 omit. 4 (2) Section 363(1), from `or carries' to `infrastructure'-- 5 omit, insert-- 6 `light rail transport infrastructure or light rail transport 7 infrastructure works'. 8 (3) Section 363(2)-- 9 omit, insert-- 10 `(2) If there is a light rail manager for a light rail established for 11 the light rail transport infrastructure or for light rail transport 12 infrastructure to which the light rail transport infrastructure 13 works relate, the manager may give a written notice to the 14 identified person requiring the person to rectify the 15 interference within a stated reasonable time.'. 16 (4) Section 363(4)-- 17 omit, insert-- 18 `(4) If subsection (2) does not apply, the chief executive may give 19 a written notice to the identified person requiring the person to 20 rectify the interference within a stated reasonable time.'. 21 (5) Section 363(6) and (7)(a), `or the effect of the carrying out of 22 the works'-- 23 omit. 24 (6) Section 363(7)(b)-- 25 omit, insert-- 26 `(b) changing the way the light rail transport infrastructure is 27 built, maintained or operated, or the way the light the 28 light rail transport infrastructure works are done, 29 because of the interference.'. 30 (7) Section 363(9), definition rectify the interference-- 31 Page 174

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 177] insert-- 1 `(c) for interference involving the carrying out of works on 2 light rail transport infrastructure--rectify the effect of 3 the carrying out of the works.'. 4 Clause 177 Amendment of s 377 (Trespass on light rail land or light 5 rail transport infrastructure) 6 (1) Section 377, heading and subsections (1) and (2)-- 7 omit, insert-- 8 `377 Trespass on light rail, light rail land, light rail 9 transport infrastructure or light rail transport 10 infrastructure works site 11 `(1) A person must not, without reasonable excuse, be on a light 12 rail, light rail land, light rail transport infrastructure or light 13 rail transport infrastructure works site unless the person has 14 the relevant person's permission to be on the light rail, light 15 rail land, light rail transport infrastructure or light rail 16 transport infrastructure works site. 17 Maximum penalty--40 penalty units. 18 `(2) For subsection (1), permission may be given, for example-- 19 (a) expressly, by-- 20 (i) signs, structures, textured pavement or painted 21 lines designating points for vehicles or pedestrians 22 to cross the light rail, light rail land, light rail 23 transport infrastructure or light rail transport 24 infrastructure works site; or 25 (ii) signs designating the hours during which the light 26 rail, light rail land, light rail transport infrastructure 27 or light rail transport infrastructure works site may 28 be used by pedestrians to access a public passenger 29 service; or 30 (iii) signs, markings or signals designating a part of the 31 light rail, light rail land, light rail transport 32 infrastructure or light rail transport infrastructure 33 Page 175

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 177] works site as being open to traffic or to a member 1 of the public to access a public passenger service; 2 or 3 (b) impliedly, by the absence of demarcation between 4 ordinary road and the light rail, light rail land, light rail 5 transport infrastructure or light rail transport 6 infrastructure works site.'. 7 (2) Section 377(4) and (5)-- 8 omit, insert-- 9 `(4) A regulation may include rules about the use of a light rail, 10 light rail land, light rail transport infrastructure or light rail 11 transport infrastructure works site by-- 12 (a) light rail vehicles; or 13 (b) persons having the permission of the chief executive to 14 be on the light rail, light rail land, light rail transport 15 infrastructure or light rail transport infrastructure works 16 site. 17 `(5) In this section-- 18 light rail land includes land-- 19 (a) held by the chief executive on behalf of the State; and 20 (b) on which light rail transport infrastructure is situated. 21 light rail transport infrastructure works site means land on 22 which light rail transport infrastructure works are situated. 23 relevant person means-- 24 (a) for a light rail, light rail land on which there is a light 25 rail, or light rail transport infrastructure used for a light 26 rail, for which there is a light rail manager--the 27 manager; or 28 (b) for a light rail, light rail land or light rail transport 29 infrastructure to which paragraph (a) does not 30 apply--the chief executive; or 31 Page 176

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] (c) for a light rail transport infrastructure works site for 1 light rail transport infrastructure works relating to a light 2 rail for which there is a light rail manager--the 3 manager; or 4 (d) for a light rail transport infrastructure works site to 5 which paragraph (c) does not apply--the chief 6 executive.'. 7 Clause 178 Insertion of new ch 10, pt 4, div 4A 8 After chapter 10, part 4, division 4-- 9 insert-- 10 `Division 4A Franchised light rail 11 `Subdivision 1 Preliminary 12 `377A Objectives of division 13 `The objectives of this division are-- 14 (a) to assist and encourage private investment in the 15 construction, maintenance and operation of light rail 16 transport infrastructure; and 17 (b) by the involvement of private investment, to enable light 18 rail transport infrastructure projects to be undertaken, or 19 public passenger services using light rail transport 20 infrastructure to be provided, at an earlier time than 21 would otherwise be possible; and 22 (c) to provide an appropriate management structure for the 23 construction, maintenance and operation of light rail 24 transport infrastructure, or the operation of a public 25 passenger service using light rail transport 26 infrastructure, on a commercial basis. 27 Page 177

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `Subdivision 2 Franchised light rail 1 `377B Power to enter into light rail franchise agreements 2 `(1) The Minister may, for the State, enter into an agreement (a 3 light rail franchise agreement) with a person under which, or 4 as part of which, the person is to invest in 1 or more of the 5 following-- 6 (a) works for, or associated with, establishing a light rail; 7 (b) designing light rail transport infrastructure; 8 (c) constructing light rail transport infrastructure; 9 (d) maintaining light rail transport infrastructure; 10 (e) managing light rail transport infrastructure; 11 (f) operating light rail transport infrastructure; 12 (g) operating a public passenger service using light rail 13 transport infrastructure. 14 `(2) The agreement must be consistent with-- 15 (a) the coordination plan; and 16 (b) the objectives of this Act; and 17 (c) the current transport infrastructure strategies; and 18 (d) the obligations about government supported transport 19 infrastructure set out in section 9. 20 `(3) The agreement may include, for example, provisions about 21 any or all of the following-- 22 (a) the ownership of the light rail transport infrastructure; 23 (b) the transfer of rights under the light rail franchise 24 agreement; 25 (c) the granting of security in relation to the light rail 26 transport infrastructure; 27 (d) charges for the use of the light rail transport 28 infrastructure; 29 Page 178

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] (e) administration charges in relation to the charges 1 mentioned in paragraph (d); 2 (f) the safety and standard of the light rail transport 3 infrastructure; 4 (g) for an agreement relating to operating a public 5 passenger service using light rail transport 6 infrastructure-- 7 (i) the level of the service that is to be provided; and 8 (ii) performance measures relating to the operation of 9 the service; 10 (h) any other matter that the Minister considers necessary or 11 desirable in the circumstances. 12 `377C Operating public passenger service under 13 agreement 14 `(1) This section applies if a light rail franchise agreement relates 15 to operating a public passenger service using light rail 16 transport infrastructure. 17 `(2) The Transport Operations (Passenger Transport) Act 1994, 18 chapter 6 does not apply to the light rail franchise agreement 19 or the operation of the public passenger service. 20 `(3) The Transport Operations (Passenger Transport) Regulation 21 2005, part 8 does not apply in relation to the operation of the 22 public passenger service or the operation of a light rail vehicle 23 for the service. 24 `377D Tabling of light rail franchise agreements 25 `(1) The Minister must table each light rail franchise agreement 26 and each amendment of a light rail franchise agreement in the 27 Legislative Assembly as soon as practicable after it is entered 28 into. 29 Page 179

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `(2) However, subsection (1) does not require the Minister to table 1 a part of a light rail franchise agreement or amendment of a 2 light rail franchise agreement if-- 3 (a) the person with whom the State has entered the 4 agreement gives the Minister a written notice claiming 5 the part of the agreement or amendment should be 6 treated as confidential on the grounds of commercial 7 confidentiality; and 8 (b) the Minister reasonably considers the part of the 9 agreement or amendment would be-- 10 (i) exempt information under the Right to Information 11 Act 2009; or 12 (ii) information disclosure of which could reasonably 13 be expected to cause a public interest harm as 14 mentioned in the Right to Information Act 2009, 15 schedule 4, part 4, item 7.'. 16 `377E Report on operation of division 17 `Each annual report of the department must include a report 18 on the operation of this division during the financial year to 19 which the report relates. 20 `377F Recovery of money 21 `If a light rail franchise agreement provides that the Minister 22 may recover an amount from a franchisee, the amount may be 23 recovered as a debt payable by the franchisee to the State. 24 `377G Rateability of land 25 `(1) A regulation may provide that light rail franchise agreement 26 land is not rateable land under the Local Government Act 27 1993 or Local Government Act 2009. 28 `(2) In this section-- 29 Page 180

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] light rail franchise agreement land means land on which is 1 situated a light rail or light rail transport infrastructure to 2 which a light rail franchise agreement applies. 3 `377H Guarantees and undertakings 4 `For giving guarantees or undertakings to a franchisee, the 5 Statutory Bodies Financial Arrangements Act 1982 sections 6 14, 16, 18, 19 and 20 and part 3, division 3 apply, with all 7 necessary changes and any changes prescribed under a 8 regulation, to the franchisee as if the franchisee were a 9 statutory body within the meaning of that Act. 10 Editor's note-- 11 Statutory Bodies Financial Arrangements Act 1982, sections 14 12 (Conditions precedent to financial arrangements and other matters), 16 13 (Guarantees for the State), 18 (Requirement for security), 19 (Guarantee 14 may include waiver of immunity and other provisions) and 20 15 (Guarantee not affected by transfer under guarantee) and part 3, division 16 3 (Consequences if payment required under guarantee) 17 `Subdivision 3 Interface management 18 `377I Purpose of sdiv 3 19 `The purpose of this subdivision is to provide for a regime for 20 dealing with light rail interface issues in light rail interface 21 management areas. 22 `377J Definitions for sdiv 3 23 `In this subdivision-- 24 light rail interface means an interface between-- 25 (a) 1 or more of the following-- 26 (i) light rail; 27 (ii) light rail land; 28 Page 181

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] (iii) light rail transport infrastructure; 1 (iv) light rail transport infrastructure works; and 2 (b) either or both of the following-- 3 (i) a thing (including a building, another structure or 4 road) that is in the immediate vicinity of, or 5 otherwise affects or is affected by, a thing 6 mentioned in paragraph (a); 7 (ii) a place (including a building, another structure or 8 road) at, on or in which an activity that affects or is 9 affected by a thing mentioned in paragraph (a) is 10 carried out. 11 light rail interface agreement see section 377K. 12 light rail interface issue means an issue that arises because of 13 a light rail interface. 14 Examples of issues that may be light rail interface issues-- 15 · access to a thing located partly on land owned or occupied by 16 someone else 17 · access to a thing that can only be accessed for a particular purpose 18 (for example, maintenance) by entering land owned or occupied by 19 someone else 20 · shared responsibility for safety and maintenance of shared facilities 21 · disruption of, or delays in, carrying out activities at a place caused 22 by the presence of a thing, or carrying out of activities, at an 23 adjacent or nearby place 24 light rail interface management area means land or part of 25 land declared as a light rail interface management area under 26 section 377L. 27 light rail land includes land-- 28 (a) held by the chief executive on behalf of the State; and 29 (b) on which light rail transport infrastructure is situated. 30 Page 182

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `377K Meaning and scope of light rail interface agreement 1 `(1) A light rail interface agreement is an agreement that provides 2 for the following-- 3 (a) identifying light rail interface issues for the light rail 4 interface covered by the agreement; 5 (b) measures for managing the identified light rail interface 6 issues, and implementing the measures; 7 (c) the evaluation, testing and, if necessary, revision of the 8 measures mentioned in paragraph (b); 9 (d) the roles and responsibilities of each party to the 10 agreement in relation to the measures mentioned in 11 paragraph (b); 12 (e) the procedures by which each party will monitor 13 compliance with the obligations under the agreement; 14 (f) a process for keeping the agreement under review and 15 how any review will be conducted and implemented; 16 (g) enforcing rights or obligations under the agreement, 17 including, for example, a dispute resolution process. 18 `(2) A light rail interface agreement-- 19 (a) may provide for a matter by applying, adopting or 20 incorporating a matter contained in another document 21 (with or without modification); and 22 (b) may consist of 2 or more documents. 23 `(3) A light rail interface agreement must be consistent with-- 24 (a) the objectives of this Act mentioned in section 2; and 25 (b) the objectives of other transport laws. 26 `377L Declaration of light rail interface management area 27 `(1) The chief executive may, by gazette notice, declare land or 28 part of land to be a light rail interface management area if-- 29 (a) there is a light rail interface on the land or part; and 30 Page 183

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] (b) the chief executive reasonably believes-- 1 (i) the light rail interface creates or is likely to create 2 light rail interface issues; and 3 (ii) light rail interface arrangements should be in place 4 to deal with the light rail interface issues or 5 potential light rail interface issues. 6 `(2) Before making the declaration, the chief executive must-- 7 (a) give the persons the chief executive considers may be 8 affected by the declaration written notice of the chief 9 executive's proposal to make the declaration; and 10 Examples of persons who may be affected by the declaration-- 11 a person who owns, manages, controls or is otherwise 12 responsible for a thing or place in relation to which the light rail 13 interface issues or potential light rail interface issues exist 14 (b) give the persons a reasonable opportunity to make 15 submissions to the chief executive in relation to the 16 proposed declaration; and 17 (c) have regard to any submissions made by the persons. 18 `(3) Land declared to be a light rail interface management area 19 must be-- 20 (a) identified specifically in the gazette notice; or 21 (b) identified generally in the gazette notice, and identified 22 specifically in documents described in the gazette notice 23 and available for perusal at an office of the department 24 mentioned in the gazette notice. 25 `(4) The identification of land declared to be a light rail interface 26 management area may, but need not, be by reference to strata 27 occupied by the land. 28 `(5) In this section-- 29 light rail interface arrangements means-- 30 (a) light rail interface agreements; or 31 (b) arrangements under section 377O. 32 Page 184

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `377M Particular persons may enter into light rail interface 1 agreement 2 `(1) This section applies if-- 3 (a) there is a light rail interface; and 4 (b) a person (first person) owns, manages, controls or is 5 otherwise responsible for light rail, light rail land, light 6 rail transport infrastructure or light rail transport 7 infrastructure works the subject of the light rail 8 interface; and 9 Examples of persons for paragraph (b)-- 10 light rail manager, light rail operator, the chief executive 11 (c) another person (second person) owns, manages, 12 controls or is otherwise responsible for a relevant thing 13 or place the subject of the light rail interface; and 14 Examples of persons for paragraph (c)-- 15 owner or occupier, a local government, chief executive, public 16 utility plant provider 17 (d) the light rail interface is in a light rail interface 18 management area. 19 `(2) The first person and second person may enter into a light rail 20 interface agreement for the light rail interface. 21 `(3) In this section-- 22 relevant thing or place means a thing or place mentioned in 23 section 377J, definition light rail interface, paragraph (b)(i) or 24 (ii). 25 `377N Failure to enter into light rail interface agreement 26 `(1) This section applies if the chief executive is satisfied-- 27 (a) that, under section 377M, a person is seeking to enter 28 into a light rail interface agreement with another person 29 and the agreement has not been entered into because the 30 other person-- 31 Page 185

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] (i) is unreasonably refusing or failing to enter into a 1 light rail interface agreement with the person; or 2 (ii) is unreasonably delaying the negotiation of a light 3 rail interface agreement with the person; or 4 (b) that-- 5 (i) section 377M applies in relation to persons for a 6 light rail interface in a light rail management area; 7 and 8 (ii) the persons have not made a reasonable attempt to 9 enter into a light rail interface agreement for the 10 interface. 11 `(2) The chief executive may be satisfied for subsection (1)(b) 12 only if it has been at least 60 days after the declaration of the 13 light rail interface management area mentioned in the 14 subsection. 15 `(3) The chief executive may give the persons mentioned in 16 subsection (1)(a) or (b) a written notice (a preliminary notice) 17 that-- 18 (a) states the chief executive's powers under this division, 19 including that the chief executive may give a direction 20 under section 377O at any time after a stated date that is 21 at least 28 days after the preliminary notice is given; and 22 (b) includes copies of this section and section 377O; and 23 (c) identifies the light rail interface issues that the chief 24 executive reasonably considers should be dealt with by a 25 light rail interface agreement between the persons. 26 `(4) The preliminary notice may contain suggested terms for 27 inclusion in a light rail interface agreement to deal with the 28 light rail interface issues mentioned in subsection (3)(c). 29 `(5) The chief executive may, by written notice, ask a person to 30 whom a preliminary notice was given for information the 31 chief executive reasonably requires for giving a direction 32 under section 377O. 33 Page 186

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `(6) A person to whom a written notice is given under subsection 1 (5) must comply with the notice, unless the person has a 2 reasonable excuse. 3 Maximum penalty for subsection (6)--60 penalty units. 4 `377O Direction about arrangement that is to apply 5 `(1) This section applies if-- 6 (a) the chief executive gives a preliminary notice under 7 section 377N to persons; and 8 (b) the persons have not entered into a light rail interface 9 agreement to deal with the light rail interface issues 10 identified in the preliminary notice by the date stated in 11 the preliminary notice. 12 `(2) The chief executive may-- 13 (a) decide the arrangements that are to apply in relation to 14 the light rail interface issues identified in the 15 preliminary notice; and 16 (b) direct the persons to implement the arrangements by a 17 stated date. 18 `(3) A direction under subsection (2)(b) may be given at any time 19 after a day that is at least 28 days after the preliminary notice 20 is given. 21 `(4) A direction given under subsection (2)(b) must be written and 22 state the following-- 23 (a) the arrangements decided by the chief executive that are 24 to apply in relation to the light rail interface issues 25 identified in the preliminary notice; 26 (b) the date by which the arrangements must be 27 implemented. 28 Page 187

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `(5) A person to whom a direction is given under subsection (2)(b) 1 must comply with the direction, unless the person has a 2 reasonable excuse. 3 Maximum penalty for subsection (5)--200 penalty units. 4 `377P Guidelines about light rail interfaces etc. 5 `(1) The chief executive may make guidelines about the 6 following-- 7 (a) how persons may identify light rail interface issues that 8 may affect them; 9 (b) measures that may be implemented to deal with 10 particular light rail interface issues; 11 (c) standard terms that may be included in light rail 12 interface agreements. 13 `(2) The chief executive must-- 14 (a) publish the guidelines, and the provisions of any 15 document applied, adopted or incorporated by the 16 guidelines, on the department's website; and 17 (b) make copies of the guidelines, and the provisions of any 18 document applied, adopted or incorporated by the 19 guidelines, available for inspection, without charge, 20 during normal business hours, at the places the chief 21 executive considers appropriate. 22 `Subdivision 4 Miscellaneous 23 `377Q Severance of light rail transport infrastructure 24 `(1) The chief executive may decide to sever light rail transport 25 infrastructure from light rail land on which it is situated. 26 `(2) If the chief executive makes a decision under subsection (1), 27 the severed infrastructure is taken to be, and must be dealt 28 with as, personal property separate from the land. 29 Page 188

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `(3) A decision under subsection (1) takes effect on the day stated 1 in a notice given, for the purposes of this subsection, by the 2 chief executive to-- 3 (a) the owner of the light rail transport infrastructure; and 4 (b) each other person the chief executive knows, or ought 5 reasonably to know, has an interest in the light rail 6 transport infrastructure. 7 `(4) The severance of light rail transport infrastructure from land 8 under this section-- 9 (a) does not affect the right of the infrastructure to be 10 situated on the land; and 11 (b) does not affect a person's rights or obligations under a 12 light rail franchise agreement relating to the 13 infrastructure, other than to the extent stated in the 14 agreement; and 15 (c) does not affect any right to drain water or sewage from 16 the infrastructure across and through the land or to use 17 any means of drainage of water or sewage from the 18 facility across and through the land. 19 `(5) In this section-- 20 light rail land includes land-- 21 (a) held by the chief executive on behalf of the State; and 22 (b) on which light rail transport infrastructure is situated. 23 light rail transport infrastructure includes any part of light 24 rail transport infrastructure. 25 `377R Limited compensation for easements etc. or damage 26 relating to overhead wiring for a light rail 27 `(1) This section applies in relation to the following-- 28 (a) a light rail overhead wiring easement; 29 (b) light rail overhead wiring damage. 30 Page 189

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] `(2) Despite anything to the contrary in the Acquisition of Land 1 Act 1967 or a provision of this chapter, compensation is not 2 payable for-- 3 (a) the taking of a light rail overhead wiring easement that 4 is an easement or other interest in land relating to a road; 5 or 6 (b) light rail overhead wiring damage that occurs on or in 7 relation to a road. 8 `(3) Also, despite anything to the contrary in the Acquisition of 9 Land Act 1967 or a provision of this chapter, compensation is 10 payable for the following only in accordance with subsections 11 (4) to (8)-- 12 (a) the taking of a light rail overhead wiring easement that 13 is not an easement or other interest in land relating to a 14 road (compensable taking of overhead wiring 15 easement); 16 (b) light rail overhead wiring damage that occurs other than 17 on or in relation to a road (compensable overhead 18 wiring damage). 19 `(4) A relevant person may apply in writing to the chief executive 20 for compensation for-- 21 (a) compensable taking of overhead wiring easement; or 22 (b) compensable overhead wiring damage. 23 `(5) An application under subsection (4) must be made-- 24 (a) within 1 year after-- 25 (i) for compensable taking of overhead wiring 26 easement--the day of the taking; or 27 (ii) for compensable overhead wiring damage--the 28 day the damage occurs; or 29 (b) within a longer period allowed by the chief executive. 30 `(6) If, within 60 days after a relevant person applies for 31 compensation under subsection (5), or a longer period agreed 32 Page 190

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 178] between the person and the chief executive, no agreement has 1 been reached between the person and the chief executive 2 about the application-- 3 (a) the person may apply to the Land Court for the 4 compensation; or 5 (b) the chief executive may apply to the Land Court to have 6 the compensation decided by the court. 7 `(7) The Land Court has jurisdiction to deal with an application 8 made to it under subsection (6), including jurisdiction to 9 require the chief executive to pay the person compensation 10 decided by the court. 11 `(8) Compensation paid under this section for compensable 12 overhead wiring damage caused to land must not be more than 13 the compensation that would have been awarded if the land 14 had been taken by the chief executive under the Transport 15 Planning and Coordination Act 1994, part 4. 16 `(9) In this section-- 17 light rail overhead wiring damage means damage caused by 18 the construction of overhead wiring for a light rail. 19 light rail overhead wiring easement means an easement or 20 other interest in land taken by the chief executive under the 21 Transport Planning and Coordination Act 1994, part 4, for the 22 construction, maintenance or operation of overhead wiring for 23 a light rail. 24 relevant person means-- 25 (a) for compensable taking of overhead wiring 26 easement--the person who holds an interest in the land 27 affected by the easement or other interest in the land; or 28 (b) for compensable overhead wiring damage--a person 29 affected by the damage. 30 road means road within the meaning of section 352.'. 31 Page 191

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 179] Clause 179 Amendment of s 477A (Power to deal with particular land) 1 (1) Section 477A(1), `rail land'-- 2 omit, insert-- 3 `prescribed land'. 4 (2) Section 477A(2)-- 5 insert-- 6 `prescribed land means-- 7 (a) busway land; or 8 (b) light rail land; or 9 (c) rail land.'. 10 Clause 180 Amendment of sch 1 (Subject matter for regulations) 11 (1) Schedule 1, items 12 and 13-- 12 insert-- 13 `(d) busway land or light rail land'. 14 (2) Schedule 1, item 14-- 15 omit, insert-- 16 `14 the removal and disposal of vehicles or property that are 17 abandoned on-- 18 (a) a railway; or 19 (b) a busway, busway land, or busway transport 20 infrastructure; or 21 (c) a light rail, light rail land, or light rail transport 22 infrastructure'. 23 (3) Schedule 1, item 15(a)-- 24 omit, insert-- 25 `(a) on a busway, busway land, or busway transport 26 infrastructure, against the directions of-- 27 Page 192

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 181] (i) the busway manager for the busway, the person in 1 control of the busway land, or the busway manager 2 for which the busway transport infrastructure is 3 used; or 4 (ii) the chief executive; or'. 5 (4) Schedule 1, item 15(c)-- 6 omit, insert-- 7 `(c) on a light rail, light rail land, or light rail transport 8 infrastructure, against the directions of-- 9 (i) an accredited person for the light rail, the person in 10 control of the light rail land, or an accredited 11 person for the light rail for which the light rail 12 transport infrastructure is used; or 13 (ii) the chief executive'. 14 (5) Schedule 1, item 24-- 15 omit, insert-- 16 `24 protection of, and consequences of damage to, State-owned or 17 State-controlled land or transport infrastructure, including a 18 State-controlled road, a future State-controlled road, busway, 19 busway land, light rail, light rail land, and ancillary works and 20 encroachments on them'. 21 (6) Schedule 1-- 22 insert-- 23 `26 matters relating to light rail interface issues'. 24 Clause 181 Amendment of sch 6 (Dictionary) 25 (1) Schedule 6, definition franchisee-- 26 omit. 27 (2) Schedule 6-- 28 insert-- 29 Page 193

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 3 Particular amendments relating to busways or light rail Part 2 Amendment of Transport Infrastructure Act 1994 [s 181] `franchisee means-- 1 (a) for a road franchise agreement--a person with whom 2 the Minister has entered into the agreement; or 3 (b) for a light rail franchise agreement--a person with 4 whom the Minister has entered into the agreement. 5 interfere with, light rail transport infrastructure, for chapter 6 10, part 4, division 2, see section 361A. 7 light rail franchise agreement see section 377B. 8 light rail interface, for chapter 10, part 4, division 4A, 9 subdivision 3, see section 377J. 10 light rail interface agreement, for chapter 10, part 4, division 11 4A, subdivision 3, see section 377K. 12 light rail interface issue see section 377J. 13 light rail interface management area, for chapter 10, part 4, 14 division 4A, subdivision 3, see section 377J. 15 overhead wiring means an overhead electrical power supply 16 system and associated support structures and safety signs. 17 Example of overhead electrical power supply system-- 18 a catenary 19 public passenger service see the Transport Operations 20 (Passenger Transport) Act 1994, schedule 3.'. 21 (3) Schedule 6, definition light rail, paragraph (a)-- 22 omit, insert-- 23 `(a) a route wholly or partly dedicated to the priority 24 movement of light rail vehicles for passenger transport 25 purposes, whether or not the route was designed and 26 constructed for those purposes as well as other 27 purposes; and'. 28 (4) Schedule 6, definition light rail land, paragraph (b)-- 29 omit, insert-- 30 `(b) for chapter 10, part 4, division 4A, see section 377J; 31 Page 194

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 1 Amendment of Adult Proof of Age Card Act 2008 [s 182] (c) for chapter 10, part 4, division 5, see section 378.'. 1 (5) Schedule 6, definition light rail transport infrastructure, 2 paragraph (c)(iii), 11th dot point, from `electrical'-- 3 omit, insert-- 4 `wiring'. 5 Chapter 4 Other amendments 6 Part 1 Amendment of Adult Proof of 7 Age Card Act 2008 8 Clause 182 Act amended 9 This part amends the Adult Proof of Age Card Act 2008. 10 Clause 183 Amendment of s 10 (Request for further information or 11 documents) 12 Section 10(1), `require'-- 13 omit, insert-- 14 `request'. 15 Clause 184 Omission of s 35 (Storing emergency contact information 16 electronically on an adult proof of age card) 17 Section 35-- 18 omit. 19 Page 195

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 185] Clause 185 Amendment of s 36 (Restricted access to information 1 electronically stored on card) 2 (1) Section 36(2), after `access'-- 3 insert-- 4 `any'. 5 (2) Section 36(2), after penalty-- 6 insert-- 7 `Note-- 8 See the Transport Planning and Coordination Act 1994, section 36H for 9 the storing of emergency contact information.'. 10 Clause 186 Amendment of schedule (Dictionary) 11 Schedule, definition emergency contact information-- 12 relocate to section 36(3). 13 Part 2 Amendment of Maritime Safety 14 Queensland Act 2002 15 Clause 187 Act amended 16 This part amends the Maritime Safety Queensland Act 2002. 17 Clause 188 Amendment of s 8 (Functions and powers of MSQ) 18 (1) Section 8(1)(a)(i), from `, including' to `Act'-- 19 omit. 20 (2) Section 8(1)(c) and (d)-- 21 renumber as section 8(1)(d) and (e). 22 (3) Section 8(1)-- 23 Page 196

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 2 Amendment of Maritime Safety Queensland Act 2002 [s 189] insert-- 1 `(c) for the Transport Infrastructure Act 1994--to manage 2 public marine facilities and the use of waterways;'. 3 Clause 189 Insertion of new ss 12A and 12B 4 Part 2, division 3-- 5 insert-- 6 `12A Preservation of rights of particular public service 7 officers 8 `(1) This section applies if-- 9 (a) a person is employed under section 12, other than as a 10 marine pilot; and 11 (b) the person was a public service officer immediately 12 before being employed under section 12. 13 `(2) The person keeps all rights and entitlements accrued or 14 accruing to the person as a public service officer as if service 15 as an employee under section 12 were a continuation of 16 service as a public service officer. 17 Examples of rights and entitlements-- 18 long service, recreation and sick leave and rights as a member of a 19 superannuation scheme 20 `12B Tenure as public service officer on ending of 21 particular employment contracts 22 `(1) This section applies if-- 23 (a) a person is employed on contract under section 12, other 24 than as a marine pilot; and 25 (b) the contract-- 26 (i) is terminated other than by disciplinary action; or 27 (ii) expires and is not renewed or replaced by another 28 contract of employment under section 12; and 29 Page 197

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 190] (c) immediately before the person was first employed under 1 the contract, the person was employed as a public 2 service officer on tenure. 3 `(2) The person becomes a public service officer employed on 4 tenure. 5 `(3) The person is to be employed-- 6 (a) at the classification level at which the person would 7 have been employed if the person had continued in 8 employment as a public service officer on tenure; and 9 (b) on the remuneration to which the person would have 10 been entitled if the person had continued in employment 11 as a public service officer on tenure.'. 12 Part 3 Amendment of Transport 13 Infrastructure Act 1994 14 Clause 190 Act amended 15 This part amends the Transport Infrastructure Act 1994. 16 Clause 191 Amendment of s 2 (Objectives of this Act) 17 Section 2(2)(b)-- 18 insert-- 19 `(iv) impacts on development from environmental 20 emissions generated by State-controlled roads are 21 addressed by the development; and'. 22 Clause 192 Amendment of s 33 (Prohibition on road works etc. on 23 State-controlled roads) 24 Section 33-- 25 Page 198

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 193] insert-- 1 `(5) An approval under subsection (1) for road works that are road 2 access works may only be given if there is a permitted road 3 access location under a decision in force under section 62(1) 4 in relation to the road access works.'. 5 Clause 193 Insertion of new s 49A 6 Chapter 6, part 5, division 1-- 7 insert-- 8 `49A Impact of particular development and 9 State-controlled roads 10 `(1) This section applies if the chief executive is an assessment 11 manager or a referral agency for a development application 12 made after the commencement of this section. 13 `(2) Also, this section has as its purpose ensuring-- 14 (a) the efficient and safe management of State-controlled 15 roads; and 16 (b) that development addresses impacts on the development 17 from environmental emissions generated by 18 State-controlled roads. 19 Examples of environmental emissions-- 20 air particles, fumes, light, noise 21 `(3) For performing the chief executive's functions as assessment 22 manager or referral agency, the chief executive must consider 23 the extent to which the proposed development satisfies the 24 purpose mentioned in subsection (2). 25 `(4) Subsection (3) is in addition to, and does not limit, the 26 Planning Act, section 282 and chapter 6, part 5, division 2.'. 27 Clause 194 Amendment of s 50 (Ancillary works and encroachments) 28 (1) Section 50(6)-- 29 omit. 30 Page 199

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 195] (2) Section 50(7)-- 1 renumber as section 50(6). 2 Clause 195 Amendment of s 52 (Alteration etc. of ancillary works and 3 encroachments) 4 (1) Section 52(5)-- 5 omit. 6 (2) Section 52(6) and (7)-- 7 renumber as section 52(5) and (6). 8 Clause 196 Amendment of s 67 (Notice of decision under s 62(1)) 9 Section 67-- 10 insert-- 11 `(1A) However, subsection (1) does not apply if the decision was 12 made in conjunction with a development approval.'. 13 Clause 197 Amendment of s 70 (Offences about road access 14 locations and road access works, relating to decisions 15 under s 62(1)) 16 Section 70(1)-- 17 omit, insert-- 18 `(1) This section applies to a person who has been given notice 19 under section 67 or 68 of a decision under section 62(1) about 20 access between a State-controlled road and adjacent land.'. 21 Clause 198 Amendment of s 84A (Declaration of land as State toll 22 road corridor land) 23 (1) Section 84A(1)(a)-- 24 omit, insert-- 25 Page 200

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 199] `(a) non-freehold land (including a road or reserve, or part of 1 a road or reserve, under the Land Act 1994) on or within 2 which road transport infrastructure or rail transport 3 infrastructure is situated;'. 4 (2) Section 84A-- 5 insert-- 6 `(4) The Minister must, in a declaration under subsection (1), 7 declare the terms for section 84C(5)(d) that are to apply to the 8 lease of the land to the State under section 84C(4)(a). 9 `(5) The terms mentioned in subsection (4) must-- 10 (a) have been agreed to by the Minister administering the 11 Land Act 1994; and 12 (b) be consistent with section 84C(5)(a) to (c). 13 `(6) The Minister may, in a declaration under subsection (1), 14 declare that a stated interest in land declared to be State toll 15 road corridor land continues in relation to-- 16 (a) the lease of the land to the State under section 17 84C(4)(a); or 18 (b) a lease of the land by the State to another person under 19 section 84C(6). 20 `(7) In this section-- 21 non-freehold land means non-freehold land under the Land 22 Act 1994.'. 23 Clause 199 Amendment of s 84B (State toll road corridor land on rail 24 corridor land) 25 (1) Section 84B(1)-- 26 omit, insert-- 27 `(1) This section applies if-- 28 (a) the Minister intends to declare land to be State toll road 29 corridor land under section 84A; and 30 Page 201

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 199] (b) a level crossing is situated partly on the land and partly 1 on rail corridor land.'. 2 (2) Section 84B(3)-- 3 omit, insert-- 4 `(3) If the Minister decides to declare the land to be State toll road 5 corridor land, the declaration must also declare the part of the 6 rail corridor land on which the level crossing is partly situated 7 to be a common area (the common area) for the rail corridor 8 land and the State toll road corridor land.'. 9 (3) Section 84B(4)(a), after `a toll road'-- 10 insert-- 11 `, and transport infrastructure relating to a toll road,'. 12 (4) Section 84B(4)(a), examples-- 13 omit, insert-- 14 `Examples for paragraph (a)-- 15 · filling in a pothole on a toll road 16 · erecting a sign about safety matters on a toll road'. 17 (5) Section 84B(5)(a), after `toll road'-- 18 insert-- 19 `, and transport infrastructure relating to a toll road,'. 20 (6) Section 84B(7)(c), `it is crossed by the road'-- 21 omit, insert-- 22 `the level crossing is situated'. 23 (7) Section 84B(8)-- 24 insert-- 25 `level crossing means a level crossing and its associated 26 infrastructure.'. 27 (8) Section 84B(8), definition relevant person, `leased--'-- 28 Page 202

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 200] omit, insert-- 1 `leased under section 84C(6)--'. 2 Clause 200 Amendment of s 84C (Effect on land of State toll road 3 corridor land declaration) 4 (1) Section 84C(1)-- 5 omit, insert-- 6 `(1) If a road or reserve, or part of a road or reserve, under the 7 Land Act 1994 is declared under section 84A to be State toll 8 road corridor land, the road or reserve, or the part-- 9 (a) stops being a road or reserve under that Act; and 10 (b) becomes unallocated State land.'. 11 (2) Section 84C-- 12 insert-- 13 `(3A) If, immediately before the declaration of land as State toll 14 road corridor land, public utility plant was located on the land, 15 the declaration does not affect the ownership of the public 16 utility plant. 17 `(3B) Subject to subsection (3A), land that becomes unallocated 18 State land under subsection (1), (2) or (3) is free of any 19 interest or obligation other than the interests in the land, if 20 any, continued under section 84A(6).'. 21 (3) Section 84C(4) and (5)-- 22 omit, insert-- 23 `(4) The Minister administering the Land Act 1994-- 24 (a) is taken to have leased the State toll road corridor land to 25 the State under the Land Act 1994, section 17(2) when 26 the declaration is made; and 27 (b) must lodge a document evidencing the lease in the 28 leasehold land register. 29 `(5) The lease is-- 30 Page 203

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 201] (a) in perpetuity; and 1 (b) if demanded, for a rent of $1 a year; and 2 (c) subject to the interests in the State toll road corridor 3 land, if any, continued in relation to the lease under 4 section 84A(6)(a); and 5 (d) on the terms stated in the declaration of the State toll 6 road corridor land under section 84A(4).'. 7 (4) Section 84C(8), from `are'-- 8 omit, insert-- 9 `are-- 10 (a) to be decided by the Minister; and 11 (b) subject to the interests in the State toll road corridor 12 land, if any, continued in relation to the lease under 13 section 84A(6)(b).'. 14 (5) Section 84C-- 15 insert-- 16 `(10) If an interest that is a registered interest is continued under 17 section 84A(6), the registrar of titles must record the interest 18 in the leasehold land register against the lease in relation to 19 which it is continued. 20 `(11) In this section-- 21 registered interest means-- 22 (a) an interest recorded in a register kept under the Land Act 23 1994, section 276; or 24 (b) a registered interest under the Land Title Act 1994.'. 25 Clause 201 Insertion of new s 84D 26 After section 84C-- 27 insert-- 28 Page 204

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 202] `84D Compensation 1 `(1) Subsection (3) applies to a person who has an interest in land 2 declared to be State toll road corridor land under section 84A. 3 `(2) However, subsection (3) does not apply if the interest-- 4 (a) is continued under section 84A(6); or 5 (b) is an interest under a services contract for the land. 6 `(3) The person has a right to claim compensation under the 7 Acquisition of Land Act 1967, section 12(5A) and (5B) and 8 part 4 as if the interest were land taken by the State under that 9 Act. 10 `(4) For applying the Acquisition of Land Act 1967 under 11 subsection (3)-- 12 (a) the State is the constructing authority; and 13 (b) for section 24(2A) of that Act, a claimant refers a claim 14 for compensation to the Land Court by filing in the 15 office of the registrar of the court copies of the claim 16 given by the claimant to the State and the gazette notice 17 for the declaration; and 18 (c) the reference in section 24(5) of that Act to the date of 19 the gazette containing the gazette resumption notice 20 taking the land is taken to be a reference to the date of 21 the gazette containing the gazette notice for the 22 declaration. 23 `(5) Other than as stated in this section, a person has no right to 24 compensation for the declaration of land as State toll road 25 corridor land under section 84A.'. 26 Clause 202 Amendment of s 105H (Declaration of land as local 27 government tollway corridor land) 28 Section 105H-- 29 insert-- 30 Page 205

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 203] `(7) The Minister must, in a declaration under subsection (2) or 1 (3), declare the terms for section 105J(5)(d) that are to apply 2 to the lease of the land to the State under section 105J(4)(a). 3 `(8) The terms mentioned in subsection (7) must-- 4 (a) have been agreed to by the Minister administering the 5 Land Act 1994; and 6 (b) be consistent with section 105J(5)(a) to (c). 7 `(9) The Minister may, in a declaration under subsection (2) or (3), 8 declare that a stated interest in land declared to be local 9 government tollway corridor land continues in relation to-- 10 (a) the lease of the land to the State under section 11 105J(4)(a); or 12 (b) the lease of the land to a local government under section 13 105J(6).'. 14 Clause 203 Amendment of s 105J (Effect on land of local government 15 tollway corridor land declaration) 16 (1) Section 105J-- 17 insert-- 18 `(3A) Subject to section 105M, land that becomes unallocated State 19 land under subsection (1), (2) or (3) is free of any interest or 20 obligation other than the interests in the land, if any, continued 21 under section 105H(9).'. 22 (2) Section 105J(4) and (5)-- 23 omit, insert-- 24 `(4) The Minister administering the Land Act 1994-- 25 (a) is taken to have leased the local government tollway 26 corridor land to the State under the Land Act 1994, 27 section 17(2) when the declaration is made; and 28 (b) must lodge a document evidencing the lease in the 29 leasehold land register. 30 Page 206

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 204] `(5) The lease is-- 1 (a) in perpetuity; and 2 (b) if demanded, for a rent of $1 a year; and 3 (c) subject to the interests in the local government tollway 4 corridor land, if any, continued in relation to the lease 5 under section 105H(9)(a); and 6 (d) on the terms stated in the declaration of the local 7 government tollway corridor land under section 8 105H(7).'. 9 (3) Section 105J(8), from `are'-- 10 omit, insert-- 11 `are-- 12 (a) to be decided by the Minister; and 13 (b) subject to the interests in the land, if any, continued in 14 relation to the lease under section 105H(9)(b).'. 15 (4) Section 105J-- 16 insert-- 17 `(13) If an interest that is a registered interest is continued under 18 section 105H(9), the registrar of titles must record the interest 19 in the leasehold land register against the lease in relation to 20 which it is continued. 21 `(14) In this section-- 22 registered interest means-- 23 (a) an interest recorded in a register kept under the Land Act 24 1994, section 276; or 25 (b) a registered interest under the Land Title Act 1994.'. 26 Clause 204 Insertion of new s 105JA 27 After section 105J-- 28 insert-- 29 Page 207

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 205] `105JA Compensation 1 `(1) Subsection (3) applies to a person who has an interest in land 2 declared to be local government tollway corridor land under 3 section 105H. 4 `(2) However, subsection (3) does not apply if the interest-- 5 (a) is continued under section 105H(9); or 6 (b) is an interest under a services contract for the land. 7 `(3) The person has a right to claim compensation under the 8 Acquisition of Land Act 1967, section 12(5A) and (5B) and 9 part 4 as if the interest were land taken by the State under that 10 Act. 11 `(4) For applying the Acquisition of Land Act 1967 under 12 subsection (3)-- 13 (a) the State is the constructing authority; and 14 (b) for section 24(2A) of that Act, a claimant refers a claim 15 for compensation to the Land Court by filing in the 16 office of the registrar of the court copies of the claim 17 given by the claimant to the State and the gazette notice 18 for the declaration; and 19 (c) the reference in section 24(5) of that Act to the date of 20 the gazette containing the gazette resumption notice 21 taking the land is taken to be a reference to the date of 22 the gazette containing the gazette notice for the 23 declaration. 24 `(5) Other than as stated in this section, a person has no right to 25 compensation for the declaration of land as local government 26 tollway corridor land under section 105H.'. 27 Clause 205 Amendment of s 316 (Definition for div 4) 28 Section 316, definition busway land-- 29 omit, insert-- 30 `busway land includes land-- 31 Page 208

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 206] (a) held by the chief executive on behalf of the State; and 1 (b) on which busway transport infrastructure is, or is 2 proposed to be, situated. 3 Note-- 4 Information about projects and initiatives involving busway land is 5 available on the department's website at .'. 6 Clause 206 Amendment of s 317 (Retention of ownership of public 7 utility plant) 8 Section 317(1), after `busway land'-- 9 insert-- 10 `under section 302,'. 11 Clause 207 Amendment of s 364 (Definitions for div 3) 12 (1) Section 364, definitions busway land and light rail land-- 13 omit. 14 (2) Section 364-- 15 insert-- 16 `light rail land includes land-- 17 (a) held by the chief executive on behalf of the State; and 18 (b) on which light rail transport infrastructure is, or is 19 proposed to be, situated. 20 Note-- 21 Information about projects and initiatives involving light rail land is 22 available on the department's website at .'. 23 Clause 208 Amendment of s 365 (Retention of ownership of public 24 utility plant) 25 Section 365(1), after `rail land'-- 26 Page 209

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 209] insert-- 1 `under section 353,'. 2 Clause 209 Amendment of s 368 (Public utility provider to consult 3 with chief executive before replacing public utility plant) 4 Section 368, heading, `chief executive'-- 5 omit, insert-- 6 `light rail authority'. 7 Clause 210 Amendment of s 371 (Information by public utility 8 provider to chief executive) 9 Section 371, heading, `chief executive'-- 10 omit, insert-- 11 `light rail authority'. 12 Clause 211 Insertion of new ss 476B-476D 13 After section 476A-- 14 insert-- 15 `476B Power to require works to stop 16 `(1) A person must not, without the chief executive's written 17 approval, carry out works on land if the works threaten, or are 18 likely to threaten, the safety or operational integrity of 19 transport infrastructure. 20 Maximum penalty--100 penalty units. 21 `(2) If-- 22 (a) a person is carrying out, or proposes to carry out, works 23 on land; and 24 (b) the chief executive reasonably believes the works 25 threaten, or are likely to threaten, the safety or 26 operational integrity of transport infrastructure; 27 Page 210

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 211] the chief executive may give the person a written direction to 1 stop, alter or not to start the works. 2 `(3) The person must comply with the direction, unless the person 3 has a reasonable excuse. 4 Maximum penalty--100 penalty units. 5 `(4) If works are carried out contrary to subsection (1) or a 6 direction under subsection (2), the chief executive may, by 7 written notice, require the owner of the land where the works 8 are situated to alter, demolish or take away the works within a 9 stated reasonable time. 10 `(5) The person must comply with the requirement, unless the 11 person has a reasonable excuse. 12 Maximum penalty--100 penalty units. 13 `(6) If the person does not comply with the requirement, the chief 14 executive may-- 15 (a) alter, demolish or take away the works; or 16 (b) alter, demolish or take away the works and recover the 17 cost of doing so from the land's owner as a debt payable 18 by the owner. 19 `(7) For this section, a person authorised by the chief executive 20 may enter land and inspect works-- 21 (a) after giving 3 days written notice to the land's owner or 22 occupier; or 23 (b) with the written agreement of the land's owner or 24 occupier; or 25 (c) without notice or approval, if the chief executive 26 reasonably believes there is an immediate and 27 significant threat to the safety or operational integrity of 28 the transport infrastructure. 29 `(8) This section binds all persons, including the State, the 30 Commonwealth and the other States. 31 `(9) In this section-- 32 Page 211

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 211] transport infrastructure does not include rail transport 1 infrastructure. 2 `476C Compensation 3 `(1) This section applies if a person enters land under section 4 476B(7). 5 `(2) An owner or occupier of the land may, by written notice given 6 to the chief executive-- 7 (a) claim compensation for loss or damage caused by the 8 entry on the land; or 9 (b) claim compensation for the taking or use of materials; or 10 (c) require the chief executive to carry out works in 11 restitution for the damage; or 12 (d) require the chief executive to carry out works in 13 restitution for the damage and then claim compensation 14 for any loss or damage not restituted. 15 `(3) The notice must be given-- 16 (a) within 1 year after the entry ends; or 17 (b) at a later time allowed by the chief executive. 18 `(4) The amount of compensation is-- 19 (a) the amount agreed between the parties; or 20 (b) if the parties can not agree within a reasonable 21 time--the amount decided by a court with jurisdiction 22 for the recovery of the amount of compensation 23 claimed. 24 `(5) However, the amount of compensation for damage to the land 25 and its fixtures, and for taking or use of materials, can not be 26 more than the amount that would have been awarded if the 27 land had been acquired. 28 Page 212

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 212] `476D Registration of notice about nature of works 1 `(1) This section applies if the chief executive reasonably believes 2 works of a particular nature that may be conducted on land are 3 likely to threaten the safety or operational integrity of 4 transport infrastructure. 5 `(2) The chief executive may give the registrar of titles a signed 6 notice-- 7 (a) identifying the land; and 8 (b) identifying the nature of works that may be conducted 9 on the land the chief executive reasonably believes is 10 likely to threaten the safety or operational integrity of 11 transport infrastructure; and 12 (c) stating that the owner of the land must obtain the chief 13 executive's written approval under section 168 or 476B 14 before conducting works of that nature on the land. 15 `(3) The registrar of titles must ensure a notice appears in the 16 relevant register kept under the Land Act 1994 or the Land 17 Title Act 1994 so that a search of the register will show that an 18 owner of the land must obtain the chief executive's written 19 approval under section 168 or 476B before conducting works 20 of the nature identified in the notice on the land. 21 `(4) No fee is payable for registration of the notice.'. 22 Clause 212 Insertion of new ch 18, pt 14 23 Chapter 18-- 24 insert-- 25 Page 213

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 212] `Part 14 Transitional provisions for 1 Transport and Other 2 Legislation Amendment Act 3 (No. 2) 2010 4 `556 Existing applications for approval for road access 5 works 6 `(1) This section applies if an application for approval for road 7 access works is made under section 33 or 50 (the relevant 8 section) before the commencement of this section but is not 9 decided before the commencement. 10 `(2) The chief executive must decide, or continue to decide, the 11 application under the relevant section as if this Act had not 12 been amended by the Transport and Other Legislation 13 Amendment Act (No. 2) 2010. 14 `557 Particular applications for approval for road access 15 works 16 `(1) This section applies to an application for the chief executive's 17 approval for the construction, maintenance, operation or 18 conduct of road access works on a State-controlled road that is 19 made-- 20 (a) after the commencement of this section; and 21 (b) purportedly under section 50. 22 `(2) The application is taken to have been made, and must be dealt 23 with, under section 33. 24 `558 Effect of change in definition rail transport 25 infrastructure on development applications 26 `(1) This section applies to a prescribed development application 27 made-- 28 Page 214

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 213] (a) before, and not finally dealt with at, the commencement; 1 or 2 (b) within 6 months after the commencement. 3 `(2) The Act, as in force immediately before the commencement, 4 applies to the development application as if schedule 6, 5 definition rail transport infrastructure had not been amended. 6 `(3) In this section-- 7 commencement means the commencement of this section. 8 prescribed development application means a development 9 application for which the chief executive is an assessment 10 manager or a referral agency.'. 11 Clause 213 Amendment of sch 3 (Reviews and appeals) 12 Schedule 3-- 13 insert-- 14 `476B(2) direction requiring works to stop, be QCAT altered or not started 476B(4) requirement to alter, demolish or take QCAT away works 476B(6) decision to alter, demolish or take away QCAT works 476B(6) decision about recovering cost of QCAT altering, demolishing or taking away works 476D decision to register notice about nature of QCAT'. works Clause 214 Amendment of sch 6 (Dictionary) 15 (1) Schedule 6-- 16 insert-- 17 Page 215

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 3 Amendment of Transport Infrastructure Act 1994 [s 214] `services contract, for land, means a contract merely for the 1 provision of services on, to, or in relation to, the land, but does 2 not include a contract for the provision of services under 3 which a person has a right to reside on any part of the land. 4 Example of a services contract-- 5 a contract for the provision of a mowing service'. 6 (2) Schedule 6, definition ancillary works and encroachments, 7 paragraph (a)(xiii)-- 8 omit. 9 (3) Schedule 6, definition busway land, paragraph 2(c)-- 10 omit. 11 (4) Schedule 6, definition busway land, paragraph 2(d)-- 12 renumber as paragraph 2(c). 13 (5) Schedule 6, definition busway transport infrastructure, 14 paragraph (c)(ii)-- 15 insert-- 16 `· monitoring and security systems 17 · positioning systems 18 · timetabling systems'. 19 (6) Schedule 6, definition busway transport infrastructure, 20 paragraph (c)(ii), after `ticketing equipment'-- 21 insert-- 22 `and systems'. 23 (7) Schedule 6, definition light rail transport infrastructure, 24 paragraph (c)(iii)-- 25 insert-- 26 `· monitoring and security systems 27 · positioning systems 28 · timetabling systems'. 29 Page 216

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 4 Amendment of Transport Legislation Amendment Act 2007 [s 215] (8) Schedule 6, definition light rail transport infrastructure, 1 paragraph (c)(iii), after `ticketing equipment'-- 2 insert-- 3 `and systems'. 4 (9) Schedule 6, definition rail transport infrastructure-- 5 insert-- 6 `(c) vehicle parking and set down facilities for intending 7 passengers for a railway that are controlled or owned by 8 a railway manager or the chief executive; and 9 (d) pedestrian facilities, including footpath paving, for the 10 railway that are controlled or owned by a railway 11 manager or the chief executive;'. 12 (10) Schedule 6, definition road works, paragraph (b)-- 13 renumber as paragraph (c). 14 (11) Schedule 6, definition road works-- 15 insert-- 16 `(b) road access works; or'. 17 Part 4 Amendment of Transport 18 Legislation Amendment Act 19 2007 20 Clause 215 Act amended 21 This part amends the Transport Legislation Amendment Act 22 2007. 23 Clause 216 Amendment of s 29 (Insertion of new ss 87B-87G) 24 Section 29, inserted sections 87B to 87D-- 25 Page 217

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 5 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008 [s 217] omit. 1 Editor's note-- 2 Legislation ultimately amended-- 3 · Transport Operations (Passenger Transport) Act 1994 4 Part 5 Amendment of Transport (New 5 Queensland Driver Licensing) 6 Amendment Act 2008 7 Clause 217 Act amended 8 This part amends the Transport (New Queensland Driver 9 Licensing) Amendment Act 2008. 10 Clause 218 Amendment of s 5 (Insertion of new ch 7, pt 5A) 11 (1) Section 5, inserted section 195I(1), after `other than'-- 12 insert-- 13 `any'. 14 (2) Section 5, inserted section 195I(2) and (3), before `stored'-- 15 insert-- 16 `, if any,'. 17 (3) Section 5, inserted section 195I(4), `use the'-- 18 omit, insert-- 19 `use any'. 20 Editor's note-- 21 Subsections (1) to (3), legislation ultimately amended-- 22 · Police Powers and Responsibilities Act 2000 23 Page 218

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 5 Amendment of Transport (New Queensland Driver Licensing) Amendment Act 2008 [s 219] Clause 219 Amendment of s 15 (Insertion of new pt 5, divs 3A and 1 3B) 2 (1) Section 15, inserted section 63E-- 3 omit. 4 (2) Section 15, inserted section 63F(2), after `access'-- 5 insert-- 6 `any'. 7 (3) Section 15, inserted section 63F(2), after penalty-- 8 insert-- 9 `Note-- 10 See the Transport Planning and Coordination Act 1994, section 36H for 11 the storing of emergency contact information.'. 12 Editor's note-- 13 Subsections (1) to (3), legislation ultimately amended-- 14 · Transport Operations (Marine Safety) Act 1994 15 Clause 220 Amendment of s 17 (Amendment of schedule 16 (Dictionary)) 17 Section 17, inserted definition emergency contact 18 information-- 19 relocate to section 15, inserted section 63F(3). 20 Editor's note-- 21 Legislation ultimately amended-- 22 · Transport Operations (Marine Safety) Act 1994 23 Clause 221 Amendment of s 28 (Insertion of new ch 5, pt 3A) 24 (1) Section 28, inserted section 91E-- 25 omit. 26 (2) Section 28, inserted section 91F(2), after `access'-- 27 Page 219

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 222] insert-- 1 `any'. 2 (3) Section 28, inserted section 91F(2), after penalty-- 3 insert-- 4 `Note-- 5 See the Transport Planning and Coordination Act 1994, section 36H for 6 the storing of emergency contact information.'. 7 Editor's note-- 8 Subsections (1) to (3), legislation ultimately amended-- 9 · Transport Operations (Road Use Management) Act 1995 10 Clause 222 Amendment of s 31 (Amendment of sch 4 (Dictionary)) 11 Section 31, inserted definition emergency contact 12 information-- 13 relocate to section 28, inserted section 91F(3). 14 Editor's note-- 15 Legislation ultimately amended-- 16 · Transport Operations (Road Use Management) Act 1995 17 Part 6 Amendment of Transport 18 Operations (Marine Pollution) 19 Act 1995 20 Clause 223 Act amended 21 This part amends the Transport Operations (Marine 22 Pollution) Act 1995. 23 Page 220

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 224] Clause 224 Amendment of s 26 (Discharge of oil into coastal waters 1 prohibited) 2 Section 26(1), penalty-- 3 omit, insert-- 4 `Maximum penalty-- 5 (a) for an individual--5000 penalty units; or 6 (b) for a corporation--100000 penalty units.'. 7 Clause 225 Amendment of s 27 (Oil residues) 8 (1) Section 27(1), after `commit an'-- 9 insert-- 10 `offence'. 11 (2) Section 27(1), penalty-- 12 omit, insert-- 13 `Maximum penalty-- 14 (a) for an individual--5000 penalty units; or 15 (b) for a corporation--100000 penalty units.'. 16 Clause 226 Amendment of s 35 (Discharge of noxious liquid 17 substances into coastal waters prohibited) 18 Section 35(1), penalty-- 19 omit, insert-- 20 `Maximum penalty-- 21 (a) for an individual--5000 penalty units; or 22 (b) for a corporation--100000 penalty units.'. 23 Page 221

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 227] Clause 227 Amendment of s 42 (Jettisoning of harmful substances 1 into coastal waters prohibited) 2 Section 42(1), penalty-- 3 omit, insert-- 4 `Maximum penalty-- 5 (a) for an individual--5000 penalty units; or 6 (b) for a corporation--100000 penalty units.'. 7 Clause 228 Amendment of s 48A (Ship with fixed toilet operating in 8 prescribed nil discharge waters to be able to hold or treat 9 sewage) 10 Section 48A(4), definition fixed toilet-- 11 omit. 12 Clause 229 Amendment of s 49 (Declared ship operating in 13 prescribed nil discharge waters to be fitted with sewage 14 holding device) 15 Section 49(1), from `unless' to `device'-- 16 omit, insert-- 17 `unless-- 18 (a) the declared ship is fitted with a sewage holding device; 19 and 20 (b) each fixed toilet on the declared ship is connected to a 21 sewage holding device.'. 22 Clause 230 Insertion of new s 86A 23 Part 12, division 3-- 24 insert-- 25 Page 222

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 230] `86A Power to give notice in relation to discharge or likely 1 discharge of pollutant 2 `(1) This section applies if an authorised officer is satisfied on 3 reasonable grounds that a ship has discharged, or is likely to 4 discharge, pollutant into coastal waters. 5 `(2) The authorised officer may-- 6 (a) by written notice given to the owner or master of the 7 ship, require the owner or master-- 8 (i) to take stated reasonable action within a stated 9 reasonable time; and 10 (ii) not to operate the ship, other than in a way 11 approved by the authorised officer, until the 12 authorised officer is satisfied on reasonable 13 grounds that the ship is not likely to discharge 14 pollutant into coastal waters; or 15 (b) attach a notice to the ship requiring that the ship not be 16 operated by any person, other than in a way approved by 17 the authorised officer, until the authorised officer is 18 satisfied on reasonable grounds that the ship is not likely 19 to discharge pollutant into coastal waters. 20 `(3) The authorised officer may make a requirement under 21 subsection (2)(a) orally and confirm the requirement by 22 written notice as soon as practicable. 23 `(4) The owner or master of a ship to whom a notice is given under 24 subsection (2)(a) must comply with the requirement stated in 25 the notice unless the owner or master has a reasonable excuse. 26 Maximum penalty--200 penalty units. 27 `(5) A person must not contravene a requirement under subsection 28 (2)(b) unless the person has a reasonable excuse. 29 Maximum penalty--200 penalty units. 30 `(6) A person does not contravene this Act in relation to a 31 discharge or likely discharge of pollutant from the ship for 32 which an authorised officer issued a notice under subsection 33 Page 223

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 231] (2) merely because the person complies with a requirement in 1 the notice. 2 `(7) For subsection (2)(b), if the authorised officer knows the 3 identity of the owner or master of the ship, the authorised 4 officer-- 5 (a) must give the owner or master of the ship a copy of the 6 requirement as soon as practicable; and 7 (b) may, by written notice given to the owner or master of 8 the ship, require the owner or master to take stated 9 reasonable action within a stated reasonable time in 10 relation to the ship. 11 `(8) The owner or master of a ship to whom a notice is given under 12 subsection (7)(b) must comply with the requirement stated in 13 the notice unless the owner or master has a reasonable excuse. 14 Maximum penalty--200 penalty units. 15 `(9) If a requirement is given under subsection (2)(a)(i) or (7)(b), 16 the authorised officer may, if requested by the owner or master 17 of the ship, allow the ship to operate before the end of the 18 stated reasonable time in the direction if-- 19 (a) the stated reasonable action in the direction has been 20 taken; and 21 (b) the authorised officer is satisfied on reasonable grounds 22 that the ship is not likely to discharge pollutant into 23 coastal waters.'. 24 Clause 231 Amendment of s 104 (Failure to answer questions) 25 (1) Section 104, heading-- 26 omit, insert-- 27 `104 Failure to give information'. 28 (2) Section 104(1)(a)-- 29 omit, insert-- 30 Page 224

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 6 Amendment of Transport Operations (Marine Pollution) Act 1995 [s 232] `(a) an authorised officer requires a person to give 1 information, including, for example, by answering a 2 question under section 88(2); and'. 3 (3) Section 104(3), from `It' to `question'-- 4 omit, insert-- 5 `If the person is an individual, it is a reasonable excuse for the 6 person not to comply with the requirement'. 7 (4) Section 104-- 8 insert-- 9 `(3A) If the person is a corporation, it is not a reasonable excuse for 10 the person not to comply with the requirement if complying 11 with the requirement might tend to incriminate the person. 12 `(3B) If information is given under section 88(2) by a person who is 13 a corporation, the information is not admissible in evidence 14 against a representative of the person in a civil or criminal 15 proceeding other than a proceeding against the 16 representative-- 17 (a) for an offence against this section; or 18 (b) in relation to the falsity of the information.'. 19 (5) Section 104(3A) to (4)-- 20 renumber as section 104(4) to (6). 21 Clause 232 Amendment of s 113 (Detained ship must be released on 22 giving security) 23 Section 113(4)-- 24 insert-- 25 `(d) a letter of undertaking.'. 26 Clause 233 Insertion of new pt 17, div 6 27 Part 17-- 28 Page 225

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 7 Amendment of Transport Operations (Marine Safety) Act 1994 [s 234] insert-- 1 `Division 6 Transitional provision for Transport 2 and Other Legislation Amendment 3 Act (No. 2) 2010 4 `160 Application of s 49 5 `Despite the amendment of section 49(1) by the Transport and 6 Other Legislation Amendment Act (No. 2) 2010, section 49 as 7 in force before the commencement of this section continues to 8 apply to a declared ship until the end of 30 June 2011.'. 9 Clause 234 Amendment of schedule (Dictionary) 10 (1) Schedule-- 11 insert-- 12 `fixed toilet, on a ship, means a toilet fixed permanently on 13 board the ship.'. 14 (2) Schedule, definition declared ship, after `part 7'-- 15 insert-- 16 `and section 160'. 17 Part 7 Amendment of Transport 18 Operations (Marine Safety) Act 19 1994 20 Clause 235 Act amended 21 This part amends the Transport Operations (Marine Safety) 22 Act 1994. 23 Page 226

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 7 Amendment of Transport Operations (Marine Safety) Act 1994 [s 236] Clause 236 Amendment of s 3 (Objectives of this Act) 1 (1) Section 3(5)-- 2 omit. 3 (2) Section 3(4A)-- 4 renumber as section 3(5). 5 Clause 237 Amendment of s 31 (What is a standard) 6 Section 31(5), from `approved,'-- 7 omit, insert-- 8 `approved.'. 9 Clause 238 Amendment of s 45 (Standards) 10 (1) Section 45(3)-- 11 renumber as section 45(4). 12 (2) Section 45(2)-- 13 omit, insert-- 14 `(2) A standard or an amendment of a standard is subordinate 15 legislation. 16 `(3) However, the Statutory Instruments Act 1992, part 5 does not 17 apply to a standard or an amendment of a standard. 18 Note-- 19 This division provides for a process instead of a regulatory impact 20 statement.'. 21 Clause 239 Amendment of s 47 (Notice of proposal to prepare draft 22 standard) 23 Section 47(5)-- 24 omit. 25 Page 227

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 7 Amendment of Transport Operations (Marine Safety) Act 1994 [s 240] Clause 240 Amendment of s 48 (Preparation of draft standard) 1 Section 48(1), from `any' to `and'-- 2 omit. 3 Clause 241 Amendment of s 49 (Notice of draft standard) 4 Section 49(4)-- 5 omit. 6 Clause 242 Amendment of s 50 (Making of standard) 7 (1) Section 50(1)(a), `any advice given by the Marine Board 8 and'-- 9 omit. 10 (2) Section 50(1)(b), `advice and'-- 11 omit. 12 (3) Section 50(2), from `(Notice' to `and'-- 13 omit, insert-- 14 `is required even if the general manager changes the draft 15 standard after considering the'. 16 Clause 243 Replacement of s 54 (Review of standards) 17 Section 54-- 18 omit, insert-- 19 `54 Amendment of standards 20 `(1) This division applies to the amendment of a standard in the 21 same way as it applies to the making of a standard with any 22 necessary changes. 23 `(2) However, sections 47 to 50 do not apply to the amendment of 24 a standard if the general manager considers the proposed 25 amendment-- 26 Page 228

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 7 Amendment of Transport Operations (Marine Safety) Act 1994 [s 244] (a) is not likely to impose appreciable costs on the 1 community or a part of the community; or 2 (b) only provides for, or to the extent it only provides for, 3 any matter mentioned in the Statutory Instruments Act 4 1992, section 46(1)(a), (b), (c), (e), (f), (g), (h) or (i). 5 `54A Application of Acts Interpretation Act 1954 6 `The Acts Interpretation Act 1954, section 24AA does not 7 apply to the amendment or repeal of a standard under this 8 division.'. 9 Clause 244 Omission of pt 10 (Marine board) 10 Part 10-- 11 omit. 12 Clause 245 Amendment of s 172A (Other directions) 13 (1) Section 172A(1)-- 14 insert-- 15 `(c) a person operating a ship that-- 16 (i) is required by a regulation to be equipped with 17 safety equipment for the waters in which the ship is 18 being operated; and 19 (ii) is not equipped with the safety equipment.'. 20 (2) Section 172A-- 21 insert-- 22 `(3A) If subsection (1)(c) applies, the inspector may, by written 23 notice, require the master of the ship-- 24 (a) to take the ship to waters for which the ship has the 25 required safety equipment (also operating waters) 26 within the reasonable time stated in the notice; and 27 Page 229

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 246] (b) to not operate the ship for any purpose other than taking 1 it to the operating waters.'. 2 (3) Section 172A(4), (7) and (8), `or (3)'-- 3 omit, insert-- 4 `, (3) or (3A)'. 5 (4) Section 172A-- 6 insert-- 7 `(6A) If a master takes a ship to its operating waters as required 8 under subsection (3A), the master does not contravene section 9 44 while operating the ship to take it to the waters.'. 10 (5) Section 172A-- 11 insert-- 12 `(9) In this section-- 13 safety equipment see section 44(3).'. 14 Clause 246 Amendment of s 203D (Decisions that can not be 15 appealed against etc.) 16 Section 203D(b), `the Marine Board or'-- 17 omit. 18 Part 8 Amendment of Transport 19 Operations (Passenger 20 Transport) Act 1994 21 Clause 247 Act amended 22 This part amends the Transport Operations (Passenger 23 Transport) Act 1994. 24 Page 230

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 248] Clause 248 Amendment of s 52 (Approval of basis for funding or 1 other financial assistance by State) 2 Section 52(3)(a)-- 3 omit, insert-- 4 `(a) for each holder of a service contract, other than a service 5 contract for the TransLink area, who received State 6 funding or other financial assistance during the year to 7 which the report relates--details of the funding or other 8 financial assistance; and'. 9 Clause 249 Amendment of s 87E (Record of prior 10 booking--limousine service provided under special 11 purpose limousine service licence) 12 (1) Section 87E, heading, from `--limousine' to `licence'-- 13 omit. 14 (2) Section 87E(1)-- 15 omit. 16 (3) Section 87E(4)(a), `(2)(b)'-- 17 omit, insert-- 18 `(1)(b)'. 19 (4) Section 87E(2) to (4)-- 20 renumber as section 87E(1) to (3). 21 Clause 250 Amendment of s 87F (Operator to keep record of prior 22 booking made for s 87E) 23 (1) Section 87F, heading, `made for s 87E'-- 24 omit. 25 (2) Section 87F(a)(i), `made for section 87E'-- 26 omit. 27 Page 231

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 251] Clause 251 Amendment of s 87G (Driver to produce record of prior 1 booking made for s 87E) 2 (1) Section 87G, heading, `made for s 87E'-- 3 omit. 4 (2) Section 87G(1)(a), `for section 87E'-- 5 omit. 6 Clause 252 Renumbering of ss 87E-87G 7 Sections 87E to 87G-- 8 renumber as sections 87B to 87D. 9 Clause 253 Amendment of s 92 (Making of standards) 10 (1) Section 92(3)-- 11 renumber as section 92(4). 12 (2) Section 92(2)-- 13 omit, insert-- 14 `(2) A standard or an amendment of a standard is subordinate 15 legislation. 16 `(3) However, the Statutory Instruments Act 1992, part 5 does not 17 apply to a standard or an amendment of a standard. 18 Note-- 19 This chapter provides for a process instead of a regulatory impact 20 statement.'. 21 Clause 254 Replacement of s 99 (Review of standards) 22 Section 99-- 23 omit, insert-- 24 Page 232

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 8 Amendment of Transport Operations (Passenger Transport) Act 1994 [s 255] `99 Amendment of standards 1 `(1) This chapter applies to the amendment of a standard in the 2 same way as it applies to the making of a standard with any 3 necessary changes. 4 `(2) Sections 93 to 96 do not apply to the amendment of a standard 5 if the chief executive considers the proposed amendment-- 6 (a) is not likely to impose appreciable costs on the 7 community or a part of the community; or 8 (b) only provides for, or to the extent it only provides for, a 9 matter mentioned in the Statutory Instruments Act 1992, 10 section 46(1)(a), (b), (c), (e), (f), (g), (h) or (i). 11 `99A Application of Acts Interpretation Act 1954 12 `The Acts Interpretation Act 1954, section 24AA does not 13 apply to the amendment or repeal of a standard under this 14 chapter.'. 15 Clause 255 Amendment of sch 3 (Dictionary) 16 Schedule 3-- 17 insert-- 18 `tourist service means a pre-booked public passenger service 19 operated in accordance with a publicly available itinerary to-- 20 (a) for all services--a common scenic or tourist attraction; 21 or 22 (b) if the service is not wholly within a service contract area 23 or route--a major sporting or cultural event.'. 24 Page 233

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 256] Part 9 Amendment of Transport 1 Operations (Road Use 2 Management) Act 1995 3 Clause 256 Act amended 4 This part amends the Transport Operations (Road Use 5 Management) Act 1995. 6 Clause 257 Insertion of new ch 3, pt 3, div 2, sdiv 7 7 After section 39O-- 8 insert-- 9 `Subdivision 7 Other powers in relation to heavy 10 vehicles--improvement notices and 11 formal warnings 12 `39P Authorised officers need authorisation for exercising 13 powers under this subdivision 14 `(1) An authorised officer who is not a police officer may exercise 15 a power under this subdivision only if the officer has the chief 16 executive's written authority to exercise the powers under this 17 subdivision. 18 `(2) A police officer may exercise a power under this subdivision 19 only if the police officer has the commissioner's written 20 authority to exercise the powers under this subdivision. 21 `39Q Improvement notice 22 `(1) This section applies if an authorised officer reasonably 23 believes a person has contravened, is contravening or is likely 24 to contravene a provision of this Act relating to the operation 25 of a heavy vehicle. 26 Page 234

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 257] `(2) The authorised officer may give the person a written notice 1 (an improvement notice) requiring the person to remedy the 2 contravention or likely contravention, or the matters or 3 activities occasioning the contravention or likely 4 contravention, before the date stated in the notice. 5 `(3) The date stated in the notice must be at least 7 days after the 6 person is given the notice. 7 `(4) However, the authorised officer may state an earlier date if 8 satisfied it is reasonably practicable for the person to comply 9 with the notice before the earlier date. 10 `(5) The improvement notice must state each of the following-- 11 (a) that the authorised officer reasonably believes a person 12 has contravened, is contravening or is likely to 13 contravene a provision of this Act relating to the 14 operation of a heavy vehicle; 15 (b) the reasons for the belief; 16 (c) the provisions of this Act in relation to which the belief 17 is held; 18 (d) the prescribed review information for the decision; 19 (e) that the notice is given under this section. 20 `(6) The improvement notice may state the way the alleged 21 contravention or likely contravention, or the matters or 22 activities occasioning the alleged contravention or likely 23 contravention, are to be remedied. 24 `39R Contravention of improvement notice 25 `(1) A person who is subject to an improvement notice must not 26 engage in conduct that results in a contravention of a 27 requirement of the notice, unless the person has a reasonable 28 excuse. 29 Maximum penalty--80 penalty units. 30 Page 235

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 257] `(2) In a proceeding for an offence of engaging in conduct that 1 results in a contravention of a requirement of an improvement 2 notice, it is a defence if the person charged establishes that-- 3 (a) the alleged contravention or likely contravention; or 4 (b) the matters or activities occasioning the alleged 5 contravention or likely contravention; 6 were remedied within the period stated in the notice, though 7 in a different way from that stated in the notice. 8 `39S Amendment of improvement notice 9 `(1) An improvement notice given by an authorised officer who is 10 not a police officer may be amended by any authorised person 11 who is not a police officer. 12 `(2) An improvement notice given by a police officer may be 13 amended by any police officer. 14 `(3) An amendment of an improvement notice is effected by 15 giving written notice stating the terms of the amendment to 16 the person who is subject to the improvement notice. 17 `(4) An amendment of an improvement notice is ineffective if it 18 purports to deal with a contravention of a provision of this Act 19 that is different from a provision stated in the improvement 20 notice as first given. 21 `(5) A notice of an amendment of an improvement notice must 22 state the following-- 23 (a) the reasons for the amendment; 24 (b) the prescribed review information for the decision to 25 make the amendment; 26 (c) that the notice of the amendment is given under this 27 section. 28 Page 236

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 257] `39T Cancellation of improvement notice 1 `(1) An improvement notice given to a person by an authorised 2 officer who is not a police officer may be cancelled by the 3 chief executive. 4 `(2) An improvement notice given to a person by a police officer 5 may be cancelled by-- 6 (a) the commissioner; or 7 (b) a police officer who has been appointed to exercise the 8 powers under this subdivision and who is more senior in 9 rank to the police officer who gave the notice to the 10 person. 11 `(3) Written notice of the cancellation must be given to the person 12 to whom the improvement notice was given. 13 `39U Clearance certificate 14 `(1) An authorised officer may issue a certificate stating that all or 15 any stated requirements of an improvement notice have been 16 complied with (a clearance certificate). 17 `(2) A requirement of an improvement notice stops having effect 18 when the person to whom the notice was given receives a 19 clearance certificate stating that-- 20 (a) the requirement has been complied with; or 21 (b) all requirements of the notice have been complied with. 22 `39V Formal warning 23 `(1) Instead of taking proceedings against a person for a 24 contravention of a provision of this Act, an authorised officer 25 may give a formal warning to the person if the officer 26 believes-- 27 (a) the person took reasonable steps to prevent the 28 contravention and was unaware of the contravention; 29 and 30 Page 237

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 258] (b) the contravention is appropriate to be dealt with by way 1 of a formal warning under this section. 2 `(2) A formal warning must be in writing. 3 `(3) A formal warning can not be given for-- 4 (a) a substantial risk breach, or severe risk breach, of a 5 mass, dimension or loading requirement; or 6 (b) a substantial risk breach, severe risk breach or critical 7 risk breach under the fatigue management regulation. 8 `(4) In this section-- 9 proceedings includes action by way of an infringement notice. 10 `39W Withdrawal of formal warning 11 `(1) Within 21 days after a formal warning is given to a person 12 under section 39V, it may be withdrawn by-- 13 (a) for a warning given by an authorised officer who is not a 14 police officer--the chief executive; or 15 (b) for a warning given by a police officer--the 16 commissioner. 17 `(2) Written notice of the withdrawal must be given to the person 18 to whom the warning was given. 19 `(3) After the formal warning has been withdrawn, proceedings 20 may be taken against the person for the contravention. 21 `(4) In this section-- 22 proceedings includes action by way of an infringement 23 notice.'. 24 Clause 258 Replacement of ch 6, pt 3, hdg (Other provisions) 25 Chapter 6, part 3, heading-- 26 omit, insert-- 27 `Part 3 Court orders'. 28 Page 238

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 259] Clause 259 Insertion of new ch 6, pt 3, div 1 1 Chapter 6, part 3, before section 164-- 2 insert-- 3 `Division 1 Preliminary 4 `163F Definitions for pt 3 5 `In this part-- 6 convicts, a person, includes finds a person guilty, and accepts 7 a plea of guilty from a person, whether or not a conviction is 8 recorded. 9 heavy vehicle offence means an offence against a transport 10 Act in relation to a heavy vehicle. 11 road compensation order see section 164AB(1). 12 supervisory intervention order see section 164B(1). 13 transport Act, other than in section 164, does not include the 14 Queensland Road Rules.'. 15 Clause 260 Insertion of new ch 6, pt 3, div 2, hdg 16 Chapter 6, part 3, after section 163F-- 17 insert-- 18 `Division 2 Court orders for payment'. 19 Clause 261 Amendment of s 164 (Court orders for payment) 20 (1) Section 164(1)-- 21 omit. 22 (2) Section 164(2) and (3)-- 23 renumber as section 164(1) and (2). 24 (3) Section 164-- 25 insert-- 26 Page 239

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 262] `(3) Subsection (2) does not apply in relation to a heavy vehicle 1 offence. 2 Note-- 3 See division 3 in relation to a heavy vehicle offence.'. 4 Clause 262 Insertion of new ch 6, pt 3, div 3 5 Chapter 6, part 3, after section 164-- 6 insert-- 7 `Division 3 Road compensation order 8 `164AA Definition for div 3 9 `In this division-- 10 responsible entity means-- 11 (a) in relation to a State-controlled road under the Transport 12 Infrastructure Act 1994, means the chief executive; or 13 (b) in relation to a road under the control of a local 14 government, means the local government. 15 `164AB Road compensation order 16 `(1) If a court convicts a person of a heavy vehicle offence, the 17 court may make an order (road compensation order) 18 requiring the offender to pay to the responsible entity an 19 amount by way of compensation for damage caused to any 20 road infrastructure as a consequence of the commission of the 21 offence. 22 `(2) The road compensation order may be made on application by 23 the prosecutor and is in addition to any other penalty imposed 24 for the offence. 25 `(3) The court may make the road compensation order if satisfied 26 on the balance of probabilities that the commission of the 27 offence caused or contributed to the damage. 28 Page 240

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 262] `(4) The road compensation order may be made when the court 1 convicts the person of the heavy vehicle offence or at any time 2 afterwards, but not later than the period within which a 3 prosecution for the offence could have been started. 4 `164AC Assessment of compensation 5 `(1) In making the road compensation order, the court may assess 6 the amount of compensation, or any other matter relevant to 7 the assessment. 8 Example of any other matter-- 9 the estimated cost of remedying the damage the subject of the road 10 compensation order 11 `(2) In assessing the amount of compensation, the court may take 12 into account the matters it considers relevant, including all or 13 any of the following-- 14 (a) any evidence adduced in connection with the 15 prosecution of the offence; 16 (b) any evidence not adduced in connection with the 17 prosecution of the offence but adduced in connection 18 with the making of the proposed order; 19 (c) any certificate of the responsible entity stating that the 20 responsible entity maintains the relevant road; 21 (d) any other certificate of the responsible entity, including, 22 for example, a certificate-- 23 (i) estimating the monetary value of all or any part of 24 the road infrastructure or of the damage to it; or 25 (ii) estimating the cost of remedying the damage; or 26 (iii) estimating the extent of the offender's contribution 27 to the damage. 28 Page 241

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 262] `164AD Copy of certificate to be given to defendant 1 `(1) If the responsible entity proposes to use a certificate 2 mentioned in section 164AC(2) in proceedings, the 3 responsible entity must give a copy of the certificate to the 4 defendant at least 28 business days before the day fixed for the 5 hearing of the matter. 6 `(2) The certificate can not be used in the proceedings unless a 7 copy of the certificate has been given to the defendant under 8 subsection (1). 9 `(3) If the defendant intends to challenge a statement in the 10 certificate, the defendant must give the responsible entity 11 notice in writing of the intention to challenge (the notice of 12 intention to challenge), stating the matters in the certificate 13 that are intended to be challenged. 14 `(4) The defendant must give the notice of intention to challenge 15 to the responsible entity at least 14 business days before the 16 day fixed for the hearing. 17 `(5) If the defendant intends to challenge the accuracy of any 18 measurement, analysis or reading in the certificate, the notice 19 of intention to challenge must state-- 20 (a) the reason why the defendant alleges the measurement, 21 analysis or reading is inaccurate; and 22 (b) the measurement, analysis or reading the defendant 23 considers to be correct. 24 `(6) The defendant can not challenge any matter in the certificate 25 if the defendant has not complied with subsections (3) to (5), 26 unless the court gives leave to do so in the interests of justice. 27 `164AE Limits on amount of compensation 28 `(1) If, in making the road compensation order, the court is 29 satisfied that-- 30 (a) the commission of the heavy vehicle offence contributed 31 to the damage the subject of the order; but 32 Page 242

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 262] (b) other factors not connected with the commission of the 1 offence also contributed to the damage; 2 the court must limit the amount of the compensation payable 3 by the offender to the amount the court assesses as being the 4 offender's contribution to the damage. 5 `(2) The maximum amount of compensation can not exceed the 6 monetary limit to the court's jurisdiction in civil proceedings. 7 `(3) The court may not include in the road compensation order any 8 amount for-- 9 (a) personal injury or death; or 10 (b) loss of income, whether sustained by the State or any 11 other entity; or 12 (c) damage to any property, including a vehicle, that is not 13 part of the road infrastructure. 14 `164AF Costs 15 `The court has the same power to award costs in relation to the 16 proceedings for the road compensation order as it has under 17 the Uniform Civil Procedure Rules 1999 in relation to civil 18 proceedings, and those rules apply with any necessary 19 changes to the proceedings for the road compensation order. 20 `164AG Enforcement of compensation order and costs 21 `The road compensation order, and any award of costs, are 22 enforceable as if they were a judgment of the court in civil 23 proceedings. 24 `164AH Relationship with orders or awards of other courts 25 and tribunals 26 `(1) A road compensation order may not be made if another court 27 or tribunal has awarded compensatory damages or 28 Page 243

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 263] compensation in civil proceedings in relation to the damage 1 the subject of the order based on the same or similar facts. 2 `(2) If a court purports to make a road compensation order in the 3 circumstances mentioned in subsection (1)-- 4 (a) the order is void to the extent it covers the same matters 5 as those covered by the other award; and 6 (b) any payment made under the order to the extent to 7 which it is void must be repaid by the responsible entity. 8 `(3) The making of a road compensation order does not prevent 9 another court or tribunal from afterwards awarding damages 10 or compensation in civil proceedings in relation to the damage 11 the subject of the order based on the same or similar facts, but 12 the court or tribunal must take the order into account when 13 awarding damages or compensation. 14 `(4) Nothing in this division affects or limits any liability to pay 15 compensation under the Transport Infrastructure Act 1994, 16 section 48 other than as provided by this section.'. 17 Clause 263 Insertion of new ch 6, pt 3, div 4, hdg 18 Before section 164A-- 19 insert-- 20 `Division 4 Commercial benefits penalty order'. 21 Clause 264 Amendment of s 164A (Commercial benefits penalty 22 order) 23 Section 164A(1), from `finds' to `heavy vehicle,'-- 24 omit, insert-- 25 `convicts a person of a heavy vehicle offence or an offence 26 against a transport Act in relation to'. 27 Page 244

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 265] Clause 265 Insertion of new ch 6, pt 3, div 5 1 After section 164A-- 2 insert-- 3 `Division 5 Supervisory intervention orders 4 `164B Supervisory intervention orders 5 `(1) If a court convicts a person of a heavy vehicle offence, the 6 court may, on application by the prosecutor, make an order 7 dealing with any or all of the matters stated in section 164C (a 8 supervisory intervention order). 9 `(2) However, the court may make the supervisory intervention 10 order only if the court-- 11 (a) considers it appropriate having regard to the number of 12 previous convictions of the person for a heavy vehicle 13 offence, or a similar offence under a corresponding law 14 to a transport Act; and 15 (b) is satisfied the order is capable of improving the 16 person's ability or willingness to comply with a 17 transport Act in relation to a heavy vehicle, having 18 regard to-- 19 (i) the heavy vehicle offences of which the person has 20 been previously convicted; and 21 (ii) any other offences or other matters the court 22 considers relevant to the person's conduct in 23 connection with road transport. 24 `(3) In this section-- 25 conviction includes an order made under the State Penalties 26 Enforcement Act 1999, section 38. 27 Page 245

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 265] `164C What supervisory intervention order may deal with 1 `(1) The supervisory intervention order may require the person, at 2 the person's own expense and for a stated period not 3 exceeding 1 year, to do any or all of the following-- 4 (a) do stated things that the court considers will improve the 5 person's compliance with a transport Act in relation to a 6 heavy vehicle, including, for example, the following-- 7 (i) appointing or removing employees to or from 8 particular activities or positions; 9 (ii) training and supervising employees; 10 (iii) obtaining expert advice about maintaining 11 appropriate compliance; 12 (iv) installing monitoring, compliance, managerial or 13 operational equipment, including, for example, 14 intelligent transport system equipment; 15 (v) implementing monitoring, compliance, managerial 16 or operational practices, systems or procedures; 17 (b) conduct specified monitoring, compliance, managerial 18 or operational practices, systems or procedures subject 19 to the direction of the chief executive; 20 (c) give compliance reports to the chief executive or the 21 court or both as stated in the order; 22 (d) appoint a person to have the following responsibilities-- 23 (i) to assist the person in improving compliance with 24 all, or stated aspects of, a transport Act in relation 25 to a heavy vehicle; 26 (ii) to monitor the person's performance in complying 27 with all, or stated aspects of, a transport Act in 28 relation to a heavy vehicle and in complying with 29 the requirements of the order; 30 (iii) to give compliance reports to the chief executive or 31 the court or both as stated in the order. 32 Page 246

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 265] `(2) The supervisory intervention order may state matters that are 1 to be dealt with in compliance reports and the form, manner 2 and frequency in which the reports are to be prepared and 3 given. 4 `(3) The supervisory intervention order may require that 5 compliance reports or aspects of the reports be made public, 6 and may state the form, manner and frequency in which they 7 are to be made public. 8 `(4) The supervisory intervention order may direct that any other 9 penalty or sanction imposed for the offence by the court is 10 suspended until the court decides there has been a substantial 11 failure to comply with the order. 12 `(5) In this section-- 13 compliance report, in relation to a person the subject of a 14 supervisory intervention order, means a report relating to-- 15 (a) the person's compliance with-- 16 (i) a transport Act, or aspects of it, as stated in the 17 order; and 18 (ii) the requirements of the order; and 19 (b) without limiting paragraph (a)-- 20 (i) things done by the person to ensure that any failure 21 by the person to comply with a transport Act, or 22 aspects of it, as stated in the order does not 23 continue; and 24 (ii) the results of those things having been done. 25 `164D Amending or revoking supervisory intervention order 26 `The court may amend or revoke the supervisory intervention 27 order on application by-- 28 (a) the chief executive; or 29 Page 247

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 9 Amendment of Transport Operations (Road Use Management) Act 1995 [s 266] (b) the person in relation to whom the order was made, but 1 only if the court is satisfied there has been a change of 2 circumstances warranting the amendment or revocation. 3 `164E Contravention of a supervisory intervention order 4 `A person commits an offence if-- 5 (a) the person is subject to a requirement of a supervisory 6 intervention order; and 7 (b) the person engages in conduct resulting in a 8 contravention of the requirement. 9 Maximum penalty--100 penalty units.'. 10 Clause 266 Insertion of new ch 6, pt 4, hdg 11 After section 164E-- 12 insert-- 13 `Part 4 Other provisions'. 14 Clause 267 Amendment of sch 3 (Reviewable decisions) 15 Schedule 3-- 16 insert-- 17 `39Q(2) giving an improvement notice 39S(1) or amending an improvement notice (2) 39U(1) not issuing a clearance certificate'. Clause 268 Amendment of sch 4 (Dictionary) 18 (1) Schedule 4, definition improvement notice-- 19 omit. 20 (2) Schedule 4-- 21 Page 248

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 10 Amendment of Transport Operations (TransLink Transit Authority) Act 2008 [s 269] insert-- 1 `clearance certificate see section 39U(1). 2 convicts, a person, for chapter 6, part 3, see section 163F. 3 heavy vehicle offence, for chapter 6, part 3, see section 163F. 4 improvement notice-- 5 (a) for chapter 3, part 3, division 2, subdivision 7--see 6 section 39Q(2); or 7 (b) for chapter 5A, parts 5 and 7--see section 161B(2). 8 infringement notice means an infringement notice under the 9 State Penalties Enforcement Act 1999. 10 responsible entity, for chapter 6, part 3, division 3, see section 11 164AA. 12 road compensation order, for chapter 6, part 3, see section 13 163F. 14 supervisory intervention order, for chapter 6, part 3, see 15 section 163F. 16 Part 10 Amendment of Transport 17 Operations (TransLink Transit 18 Authority) Act 2008 19 Clause 269 Act amended 20 This part amends the Transport Operations (TransLink Transit 21 Authority) Act 2008. 22 Clause 270 Replacement of s 45 (Annual report) 23 Section 45-- 24 omit, insert-- 25 Page 249

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 11 Amendment of Transport Planning and Coordination Act 1994 [s 271] `45 Annual report 1 `(1) Each annual report of TransLink must include the following-- 2 (a) a copy of any Ministerial directions given during the 3 year to which the report relates (the year); 4 (b) a statement about how TransLink performed its 5 functions during the year compared with the expected 6 performance for the year under the relevant network 7 plan; 8 (c) for each holder of a service contract for the TransLink 9 area who received State funding or other financial 10 assistance during the year--details of the funding or 11 other financial assistance; 12 (d) reasons for the funding or other financial assistance 13 mentioned in paragraph (c); 14 (e) any other matter prescribed under a regulation. 15 `(2) In this section-- 16 state funding or other financial assistance means funding or 17 other financial assistance provided by the State under the 18 Transport Operations (Passenger Transport) Act 1994, 19 section 52.'. 20 Part 11 Amendment of Transport 21 Planning and Coordination Act 22 1994 23 Clause 271 Act amended 24 This part amends the Transport Planning and Coordination 25 Act 1994. 26 Page 250

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 11 Amendment of Transport Planning and Coordination Act 1994 [s 272] Clause 272 Amendment of s 3 (Definitions) 1 (1) Section 3, definition transport associated development, 2 paragraph (a), from `and the integration' to `community', 3 second mention-- 4 omit. 5 (2) Section 3, definition transport associated development, 6 editor's notes-- 7 omit. 8 Clause 273 Amendment of s 8A (Object of pt 2A) 9 Section 8A(2)(h), `so'-- 10 omit, insert-- 11 `as'. 12 Clause 274 Insertion of new s 27A 13 After section 27-- 14 insert-- 15 `27A Power of chief executive to dispose of land subject to 16 easement 17 `(1) This section applies if the chief executive-- 18 (a) intends to offer land acquired under this part to the 19 former owner under the Acquisition of Land Act 1967, 20 section 41; and 21 (b) reasonably believes an easement over all or part of the 22 land is necessary to ensure the structural and operational 23 integrity of transport infrastructure. 24 `(2) For the Acquisition of Land Act 1967, section 41(1), the chief 25 executive may offer the land to the former owner subject to an 26 easement over all or part of the land in favour of the chief 27 executive. 28 Page 251

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 11 Amendment of Transport Planning and Coordination Act 1994 [s 275] `(3) The chief executive must give a document stating the nature of 1 the easement and its terms-- 2 (a) to the former owner when offering the land for sale; and 3 (b) to the chief executive (valuation). 4 `(4) The chief executive (valuation) must take into account the 5 existence of the easement in determining the price of the land 6 under the Acquisition of Land Act 1967, section 41(1). 7 `(5) In this section-- 8 chief executive (valuation) means the chief executive of the 9 department in which the Valuation of Land Act 1944 is 10 administered. 11 the former owner see the Acquisition of Land Act 1967, 12 section 41(2).'. 13 Clause 275 Replacement of s 28 (No compensation for works after 14 notice of intention to resume or agreement to acquire) 15 Section 28-- 16 omit, insert-- 17 `28 Matters affecting compensation payable 18 `Notwithstanding the Acquisition of Land Act 1967, section 19 20(2), in deciding the amount of compensation payable to a 20 person for land resumed under this part, regard must not be 21 had-- 22 (a) to the value of works carried out on the land at a time 23 after a notice of intention to resume the land has been 24 sent to a person entitled to compensation for the land or 25 agreement to acquire has been reached; or 26 (b) to any change in the value of the land as a result of the 27 declaration of a prescribed transit node.'. 28 Page 252

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 11 Amendment of Transport Planning and Coordination Act 1994 [s 276] Clause 276 Amendment of s 28AA (Declaration of area used or to be 1 used for particular purposes to be prescribed transit 2 node) 3 (1) Section 28AA, heading-- 4 omit, insert-- 5 `28AA Declaration of area to be prescribed transit node'. 6 (2) Section 28AA(1), `as any of the following'-- 7 omit, insert-- 8 `for purposes of the following'. 9 Clause 277 Insertion of new s 36H 10 Part 6-- 11 insert-- 12 `36H Storing emergency contact information electronically 13 on a relevant prescribed document 14 `(1) An eligible person may apply to the relevant entity, in the 15 approved form, to have the person's emergency contact 16 information stored electronically on a relevant prescribed 17 document. 18 `(2) After receiving the information, the relevant entity must 19 electronically store the emergency contact information on the 20 relevant prescribed document. 21 `(3) In this section-- 22 adult proof of age card has the meaning given by the Adult 23 Proof of Age Card Act 2008, section 5. 24 eligible person means-- 25 (a) the holder of a relevant prescribed document; or 26 (b) an applicant for-- 27 (i) an adult proof of age card; or 28 (ii) a marine licence or smartcard marine licence 29 indicator; or 30 Page 253

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 11 Amendment of Transport Planning and Coordination Act 1994 [s 277] (iii) a smartcard driver licence. 1 emergency contact information, of an eligible person, means 2 any or all of the following information-- 3 (a) the name of a person to be contacted if there is a risk to 4 the holder's life or health; 5 (b) the following information about the person mentioned in 6 paragraph (a)-- 7 (i) the person's phone number; 8 (ii) the person's address. 9 marine licence has the meaning given by the Transport 10 Operations (Marine Safety) Act 1994, schedule. 11 relevant entity means-- 12 (a) for an application under subsection (1) relating to an 13 adult proof of age card or a smartcard driver 14 licence--the chief executive; or 15 (b) for an application under subsection (1) relating to a 16 marine licence or a smartcard marine licence indicator-- 17 (i) the chief executive; or 18 (ii) the general manager under the Maritime Safety 19 Queensland Act 2002. 20 relevant prescribed document means any of the following 21 documents-- 22 (a) an adult proof of age card; 23 (b) a smartcard marine licence indicator; 24 (c) a smartcard driver licence. 25 smartcard driver licence see the Transport Operations (Road 26 Use Management) Act 1995, schedule 4. 27 smartcard marine licence indicator see the Transport 28 Operations (Marine Safety) Act 1994, schedule.'. 29 Page 254

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 12 Amendment of Transport Planning and Coordination Regulation 2005 [s 278] Clause 278 Insertion of new pt 7 1 After section 38-- 2 insert-- 3 `Part 7 Transitional provision 4 `39 Transitional provision for Transport and Other 5 Legislation Amendment Act (No. 2) 2010 6 `The amendment of the Transport Planning and Coordination 7 Regulation 2005 by the Transport and Other Legislation 8 Amendment Act (No. 2) 2010 does not affect the power of the 9 Governor in Council to further amend the regulation or to 10 repeal it.'. 11 Part 12 Amendment of Transport 12 Planning and Coordination 13 Regulation 2005 14 Clause 279 Regulation amended 15 This part amends the Transport Planning and Coordination 16 Regulation 2005. 17 Clause 280 Amendment of s 4 (Prescribed transit nodes--Act, s 18 28AA) 19 (1) Section 4(1), `as busway stations'-- 20 omit, insert-- 21 `for the purpose of a busway station'. 22 (2) Section 4(1B), `as stations'-- 23 Page 255

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Chapter 4 Other amendments Part 13 Minor and consequential amendments [s 281] omit, insert-- 1 `for the purpose of a station'. 2 Part 13 Minor and consequential 3 amendments 4 Clause 281 Acts amended in schedule 5 The schedule amends the Acts it mentions. 6 Page 256

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Schedule Schedule Acts amended 1 section 281 2 Transport Infrastructure Act 1994 3 1 Section 42(2), from `application'-- 4 omit, insert-- 5 `application.'. 6 2 Sections 49(1)(b)(ii) and 75(a), `under the Sustainable 7 Planning Act 2009'-- 8 omit. 9 3 Sections 74(6), definitions development and premises, 10 85B(3), definition development, 93A(3), definition 11 development, 105Y(3)(c), 247(1) and (2), 258B(1)(a), 284, 12 definition valuable features, 287, 287A(4), 304(2), 356(2), 13 426(2)(a), 476, 477(1), 477A(2), definition community 14 infrastructure, `Sustainable Planning Act 2009'-- 15 omit, insert-- 16 `Planning Act'. 17 4 Section 74(6), definitions material change of use and 18 reconfiguring a lot-- 19 omit. 20 5 Section 75, heading, `under Sustainable Planning Act 21 2009'-- 22 omit. 23 Page 257

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Schedule 6 Section 75(c), `that Act'-- 1 omit, insert-- 2 `the Planning Act'. 3 7 Section 247, heading, `Sustainable Planning Act 2009'-- 4 omit, insert-- 5 `Planning Act'. 6 8 Section 258(1), from `agency'-- 7 omit, insert-- 8 `agency for a development application.'. 9 9 Section 258(4), `Sustainable Planning Act 2009'-- 10 omit, insert-- 11 `Planning Act'. 12 10 Section 258A(5), `under IDAS'-- 13 omit. 14 11 Section 258A(6)-- 15 omit. 16 12 Section 287A(1), from `agency'-- 17 omit, insert-- 18 `agency for a development application.'. 19 Page 258

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Schedule Transport (New Queensland Driver Licensing) 1 Amendment Act 2008 2 1 Section 26(1) to (3)-- 3 renumber as section 26(2) to (4). 4 2 Section 26-- 5 insert-- 6 `(1) Section 77, heading, `Queensland driver licence'-- 7 omit, insert-- 8 `person's prescribed authority'.'. 9 Editor's note-- 10 Amendments 1 and 2, legislation ultimately amended-- 11 · Transport Operations (Road Use Management) Act 1995 12 Transport Operations (Passenger Transport) Act 1994 13 1 Section 97-- 14 insert-- 15 `(2) The interim standard must include a sunset provision stating 16 the interim standard expires 6 months after its 17 commencement.'. 18 Page 259

 


 

Transport and Other Legislation Amendment Bill (No. 2) 2010 Schedule Transport Operations (Road Use Management) Act 1 1995 2 1 Schedule 4, definition work, paragraph (d)(vii), 3 `subparagraph'-- 4 omit, insert-- 5 `any of subparagraphs'. 6 Transport Security (Counter-Terrorism) Act 2008 7 1 Section 25(6), definition prescribed standard, paragraph 8 (b), `manual 2'-- 9 omit, insert-- 10 `manual 42'. 11 12 © State of Queensland 2010 Page 260

 


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