New South Wales Consolidated Acts

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- As at 21 November 2023 
- Act 109 of 1988 


           Long Title


   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   2B.     Common objectives and service delivery priorities of public transport agencies
   3.      Definitions
   3A.     Metropolitan rail area
   3B.     Ministerial responsibility and delegation


   3C.     Constitution and management of TfNSW
   3D.     Objectives of TfNSW
   3E.     Functions of TfNSW
   3F.     Corporate plan for TfNSW
   3G.     Directions by TfNSW to public transport agencies
   3H.     Review by relevant safety regulator of directions relating to transport safety matters
   3I.     Delegation of TfNSW's functions
   3J.     Acceptance of delegated functions by TfNSW
   3K.     Disclosure of information by agencies to TfNSW
   3L.     Annual reporting information


           Division 1 - Constitution and management of Transport Asset Holding Entity

   4.      Establishment of Transport Asset Holding Entity
   5.      Foundation charter of TAHE
   6.      Board of directors
   7.      Chief executive officer
   8.      Acting chief executive officer
   9.      Application of SOC Act

           Division 2 - Objectives and functions of Transport Asset Holding Entity

   10.     Objectives of TAHE
   11.     Functions of TAHE
   12.     Acquisition of land by TAHE

           Division 3 - Operating licences

   13.     Grant of operating licences
   14.     Terms and conditions of operating licence
   15.     Amendment of operating licence
   16.     Term of operating licence
   17.     Contravention of operating licence
   18.     Cancellation of operating licence
           PARTS 2A, 2B - (Repealed)


           Division 1 - Constitution of State Transit Authority

   20.     Constitution of STA

           Division 1A - Objectives of State Transit Authority

   20A.    Objectives of STA

           Division 2 - General functions of State Transit Authority

   21.     Bus services
   22.     Newcastle ferry services
   23.     (Repealed)
   24.     Miscellaneous functions of STA

           Division 3 - Management of State Transit Authority

           25, 26. (Repealed)
   27.     Chief Executive of STA
   28.     Chief Executive to manage STA
   29.     (Repealed)
   30.     STA to supply information to Minister
   31.     Corporate plans
           32-34. (Repealed)
   35.     Delegation of functions of STA


           Division 1 - Constitution of Sydney Ferries

   35A.    Constitution of Sydney Ferries

           Division 2 - Objectives of Sydney Ferries

   35B.    Objectives of Sydney Ferries

           Division 3 - Functions of Sydney Ferries

   35C.    Sydney ferry services
   35D.    Other transport services
   35E.    Other functions of Sydney Ferries
   35EA.   Sale, lease or other disposal of land
   35F.    Acquisition of land by Sydney Ferries
   35G.    Effect of Division

           Division 4 - Management of Sydney Ferries

           35H, 35I. (Repealed)
   35J.    Chief Executive of Sydney Ferries
   35K.    Chief Executive to manage Sydney Ferries
   35L.    (Repealed)
   35M.    Sydney Ferries to supply information to Minister
   35N.    Corporate plans
           35O-35Q. (Repealed)
   35QA.   Delegation of functions of Sydney Ferries

           Division 5 - (Repealed)


           Division 1 - Constitution of Sydney Trains

   36.     Constitution of Sydney Trains

           Division 2 - Objectives of Sydney Trains

   36A.    Objectives of Sydney Trains

           Division 3 - Functions of Sydney Trains

   36B.    Sydney railway passenger services
   36C.    Other functions of Sydney Trains
   36D.    Sale, lease or other disposal of land
   36E.    Acquisition of land by Sydney Trains
   36F.    Effect of Division

           Division 4 - Management of Sydney Trains

   36G.    Chief Executive of Sydney Trains
   36H.    Chief Executive to manage Sydney Trains
   36I.    Sydney Trains to supply information to Minister
   36J.    Corporate plans
   36K.    Delegation of functions of Sydney Trains


           Division 1 - Constitution of NSW Trains

   37.     Constitution of NSW Trains

           Division 2 - Objectives of NSW Trains

   37A.    Objectives of NSW Trains

           Division 3 - Functions of NSW Trains

   37B.    NSW railway passenger services
   37C.    Other functions of NSW Trains
   37D.    Sale, lease or other disposal of land
   37E.    Acquisition of land by NSW Trains
   37F.    Effect of Division

           Division 4 - Management of NSW Trains

   37G.    Chief Executive of NSW Trains
   37H.    Chief Executive to manage NSW Trains
   37I.    NSW Trains to supply information to Minister
   37J.    Corporate plans
   37K.    Delegation of functions of NSW Trains


           Division 1 - Constitution of Sydney Metro

   38.     Constitution of Sydney Metro

           Division 2 - Objectives of Sydney Metro

   38A.    Objectives of Sydney Metro

           Division 3 - Functions of Sydney Metro

   38B.    Functions of Sydney Metro
   38C.    Metro infrastructure development functions
   38D.    Other land development functions of Sydney Metro
   38E.    Effect of Division

           Division 4 - Management of Sydney Metro

   38F.    Establishment of Sydney Metro Board
   38G.    Functions of Sydney Metro Board
   38H.    Chief Executive of Sydney Metro
   38I.    Control and management of Sydney Metro

           Division 5 - General

   38J.    Appointment of advisory committees
   38K.    Sydney Metro to supply information to Minister
   38L.    Corporate plans
   38M.    Delegation of functions of Sydney Metro
   38N.    Roads authority consent not required for certain work by Sydney Metro
           PARTS 4, 4A - (Repealed)


   43.     Establishment of Transport Advisory Board
   44.     Functions of Advisory Board
   44A.    Committees of Advisory Board


   45.     Chief Investigator
   45A.    General functions of Chief Investigator
   45AA.   Limits on functions of Chief Investigator
   45B.    No Ministerial control of Chief Investigator
   45C.    Disclosure of information by Chief Investigator
   45D.    Acting Chief Investigator
   45DA.   Delegation of functions of Chief Investigator
   45DB.   Arrangements with Australian Transport Safety Bureau

   PART 6 - (Renumbered)

   PART 6A - (Repealed)


   55A.    Definition of "transport authority"
   55B.    Exercise of functions through subsidiary corporations, joint ventures etc
   55C.    Public subsidiary corporations
   55D.    Private subsidiary corporations etc
           55E-55S. (Repealed)

   Divisions 1, 1A - (Repealed)

           Division 2 - Staff of Chief Investigator

   59.     Employment of staff
           59A-59C. (Repealed)
   60.     Salary, wages and conditions of staff
   61.     Regulations relating to staff of Chief Investigator

           Division 2A - (Repealed)

           Division 3 - Staff of Sydney Ferries

   62.     Employment of staff
   63.     Salary, conditions etc of staff
   64.     Regulations relating to Sydney Ferries staff

           Division 3A - Staff of Sydney Trains

   64A.    Employment of staff
   64B.    Salary, conditions etc of staff
   64C.    Regulations relating to Sydney Trains staff

           Division 3B - Staff of NSW Trains

   64D.    Employment of staff
   64E.    Salary, conditions etc of staff
   64F.    Regulations relating to NSW Trains staff

           Division 4 - Transfer of staff

   65.     Definitions
   66.     Orders providing for transfer of staff of transport authorities
   67.     Preservation of remuneration and other conditions of employment on transfer
   68.     Preservation of leave and other entitlements for previous service
   68A.    No payment out on transfer or dual benefits


   68B.    The Transport Service
   68C.    Employment in the Transport Service
   68D.    Transport Service senior executives, senior managers and non-executive employees
   68E.    Kinds of employment in the Transport Service
   68F.    Senior executives--employment in bands and assignment to roles
   68G.    Senior executives--government sector employment rules
   68H.    Senior executives--contract of employment
   68HA.   (Repealed)
   68I.    Senior executives--remuneration, benefits and allowances
   68J.    Senior managers--remuneration level and conditions of employment
   68K.    Non-executive employees--conditions of employment
   68L.    Senior managers and non-executive employees--assignment to different roles within Transport Service
   68M.    Acting in senior executive or senior manager roles
   68N.    Senior executives and managers--termination of employment
   68O.    Senior executives and managers--industrial or legal proceedings excluded
   68P.    Regulations relating to employees in the Transport Service
   68Q.    Miscellaneous provisions relating to the Transport Service

   Divisions 1, 1A - (Repealed)

           Division 2 - Financial provisions relating to State Transit Authority

   73.     State Transit Authority Fund
   74.     Payments into State Transit Authority Fund
   75.     Payments from State Transit Authority Fund
   76.     Payment of dividend to Treasurer
           Division 2A
           76A-76C. (Repealed)

           Division 3 - Transport for NSW

   77.     TfNSW Fund
   78.     Payments into TfNSW Fund
   79.     Payments from TfNSW Fund
   80.     Expenditure on certain State works
   80A.    Payments of subsidies to councils for traffic route lighting
   80B.    TfNSW to make available money for subsidies
   80C.    Payments of subsidies to electricity distributors for removal or relocation of electricity structures

           Division 3A - Financial provisions relating to Sydney Ferries

   80D.    Sydney Ferries Fund
   80E.    Payments into Sydney Ferries Fund
   80F.    Payments from Sydney Ferries Fund

           Division 3AA - Financial provisions relating to Sydney Trains

   80FA.   Sydney Trains Fund
   80FB.   Payments into Sydney Trains Fund
   80FC.   Payments from Sydney Trains Fund

           Division 3AB - Financial provisions relating to NSW Trains

   80FD.   NSW Trains Fund
   80FE.   Payments into NSW Trains Fund
   80FF.   Payments from NSW Trains Fund

           Division 3AC - Financial provisions relating to Sydney Metro

   80FG.   Sydney Metro Fund
   80FH.   Payments into Sydney Metro Fund
   80FI.   Payments from Sydney Metro Fund

           Division 3B - Community Road Safety Fund

   80G.    Community Road Safety Fund
   80H.    Payments into Community Road Safety Fund
   80I.    Payments from Community Road Safety Fund
   80J.    Meaning of "road safety functions" of TfNSW

           Division 4 - Financial provisions relating to Authorities generally

   81A.    Definition
   81.     Financial duties of the Authorities
   82.     Financial year
   83.     (Repealed)

           Division 5 - Charges for services of Sydney Ferries, Sydney Metro, Sydney Trains, NSW Trains and State Transit Authority

   84.     Definitions
   85.     Orders fixing charges
   86.     Ministerial supervision of orders fixing charges
   87.     General provisions relating to orders fixing charges
   88.     Free or subsidised railway, bus or ferry travel


           Division 1 - Preliminary

   88A.    Definitions

           Division 2 - Arrangements between rail authorities and ARTC

   88B.    Lease or licence of land and rail infrastructure facilities
   88C.    Other agreements or arrangements relating to freight lines
   88D.    Provision of transition support services
   88E.    Sale of plant, machinery, equipment, stores and consumables
   88F.    Requirements for consent not applicable
   88G.    Severance of rail infrastructure facilities and from leased or licensed land
   88H.    Functions of ARTC relating to rail infrastructure facilities
   88I.    Transfer of assets, rights or liabilities of rail authority

           Division 3 - Rail services, access and infrastructure obligations

   88J.    Obligation to maintain linear continuity of rail services
   88K.    Rail access obligations and functions
   88L.    Network control
   88M.    Restrictions on dealings with land and rail infrastructure facilities and other rights
   88N.    Obligations and rights under the Rail Safety National Law (NSW)
   88O.    Obligations and rights under Protection of the Environment Operations Act 1997
   88P.    Obligations and rights under Heritage Act 1977
   88Q.    Obligations and rights under Threatened Species Conservation Act 1995
   88R.    Obligations relating to activities under Environmental Planning and Assessment Act 1979

           Division 4 - Prohibition on vertical integration

   88S.    Restrictions on vertical integration of rail operations
   88T.    Injunctions

           Division 5 - Staffing arrangements

   88U.    Agreements for secondment of staff to ARTC
   88V.    Temporary staff placement with ARTC (secondments)
   88W.    No time limit for period of temporary placement
   88X.    Obligations and rights under the Rail Safety National Law (NSW) relating to members of staff
   88Y.    Obligations and rights under Work Health and Safety Act 2011 and other legislation
   88Z.    Liability under Law Reform (Vicarious Liability) Act 1983
   88ZA.   Workers compensation arrangements
   88ZB.   Effect of staffing agreements and arrangements

           Division 6 - State taxes

   88ZC.   Exemption from State taxes
   88ZD.   Rail authorities and ARTC not grouped for payroll tax purposes

           Division 7 - Effect of Part

   88ZE.   Effect of Part
   88ZF.   Protection of contractual and other obligations
   88ZG.   Compensation not payable


           Division 1 - Definitions

   89.     Definitions

           Division 1A - Miscellaneous provisions relating to rail authorities

   90.     State rail operators not common carriers
   91.     Regulations relating to railway and other transport services
   92.     Limitation of compensation in respect of damage to property by fire
   93.     Search of vehicles and luggage on certain railway premises
   94.     Transfers of assets, rights and liabilities
   95.     (Repealed)
   96.     Person may be chief executive of more than one authority

           Division 1B - Miscellaneous provisions relating to rail infrastructure, rail access and network control

   97.     Additional facilities may be treated as rail infrastructure facilities
   98.     Powers of rail authorities relating to rail infrastructure facilities and land
   99.     Maintenance of railway lines
   99A.    Closure and disposal of railway lines
   99AA.   Connections to rail infrastructure
   99B.    Closure of level-crossings, bridges and other structures
   99C.    NSW rail access undertakings
   99D.    Network control
   99E.    Use of disused railway lines

           Division 1C - (Repealed)

           Division 2 - Miscellaneous provisions relating to State Transit Authority

   100.    Sale, lease or other disposal of land
   101.    Acquisition of land
   102.    STA not a common carrier
   103.    Inquiries into bus or ferry accidents
   104.    Regulations relating to bus and ferry services

           Division 2A - Special provisions relating to light rail

           104A-104K. (Repealed)
   104L.   Definitions
   104M.   Light rail services
   104N.   Light rail system
   104O.   Development and operation of light rail systems
   104P.   Part 5 of EPA Act to apply to development for light rail system
   104Q.   Local government approvals not required for light rail system
   104R.   Easements etc for light rail system
   104S.   Exemption of light rail system from payment of rates and land tax
   104T.   Exemption from duty
   104U.   Altering position of conduit for purposes of light rail system
   104V.   Resolution of disputes concerning routes of light rail systems

           Division 3 - Miscellaneous provisions relating to TfNSW

   105.    Power to accept gifts, bequests or devises of property
   105A.   Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator
   106.    Grants to councils in connection with use of buses
   106A.   Grants to charitable organisations

           Division 3A - Miscellaneous provisions relating to Sydney Ferries

   106B.   Sydney Ferries not a common carrier
   106C.   Regulations relating to Sydney ferry services
   106D.   Transfer of certain assets, rights and liabilities of STA to Sydney Ferries

           Division 4 - Miscellaneous provisions relating to transport authorities

   107.    Definition of "transport authority"
   108.    Transport districts
   109.    Seals of Authorities
   110.    Miscellaneous provisions relating to contracts of transport authority
   111.    Referral of disputes
   112.    Personal liability of certain persons
   113.    Presumption of validity
   114.    (Repealed)
   115.    Recovery of charges etc by transport authority
   116.    Liability of vehicle owner for parking offences on Authority's land
   117.    Penalty notices for certain offences
   118.    Proceedings for offences
   119.    Regulations
   120.    Savings, transitional and other provisions

           Division 5 - Miscellaneous provisions relating to common law damages for public transport accidents

   121.    Application of common law damages for motor accidents to railway and other public transport accidents

           Division 6 - Special provisions for Parramatta Rail Link

   122.    Definitions
   123.    EPA Act not affected
   124.    Acquisition of national park and other park land
   125.    Application of Public Works Act to the Parramatta Rail Link
   126.    Sections 109ZJ [#38] 109ZK EPA Act not to apply
   127.    Order of approval under Heritage Act

           Division 7 - (Repealed)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 2B
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 6A
           SCHEDULE 6AA
           SCHEDULE 6B
           SCHEDULE 7
           SCHEDULE 8
           Schedule 8A (Repealed)
           SCHEDULE 9
           SCHEDULE 10
           Schedule 11 (Repealed)

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