New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 3

3 Definitions

(1) In this Act--

"access purchaser" means a person who has contracted with a rail infrastructure owner in respect of the operation of rolling stock.

"activation" , of a public space, means the carrying out of works or activities to enhance the functionality of, or the conduct of human activity or operations within, the space, including works or activities to promote the following--

(a) the quality, amenity, vibrancy, accessibility, built form, infrastructure and perceptions of safety of the space,

(b) the resilience of individuals, communities, institutions, businesses and systems in relation to the space,

(c) the use of technology, and the collection and use of data, in and about the space,

(d) events in and about the space.

"active transport" means the movement of people, or people and goods, by the following--

(a) one or more modes of transport, powered or partially powered by human activity, including by the following modes--

(i) walking,

(ii) running,

(iii) cycling,

(iv) scootering,

(v) skating,

(vi) the use of a manual wheelchair,

(b) the use of a micromobility device,

Example--: an e-scooter

(c) the use of a motorised mobility device.

Example--: a motorised wheelchair or a mobility scooter

"Advisory Board" means the Transport Advisory Board established under Part 5.

"ARTC" means the Australian Rail Track Corporation Ltd (ACN 081 455 754).

"ARTC arrangement" means a lease, licence, agreement or other arrangement under Part 8A.

"ARTC lease or licence" means a lease or licence under Part 8A.

"board" of TAHE, means the board of directors of TAHE.

"bus service" includes any road transport service for the carriage of passengers (except a railway service).

"Chief Investigator" means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45.

"country rail area" means that part of the NSW rail network not within the metropolitan rail area.

"ferry service" means any ferry service for the carriage of passengers.

"Independent Transport Safety Advisory Board" means the Independent Transport Safety Advisory Board established under this Act.

"light rail services" --see section 104M.

"light rail system" --see section 104N.

"listed functions" of TAHE--see section 11 (1).

"metro" means a mass transit infrastructure system, and associated facilities, that--

(a) provides high-frequency, high-capacity passenger services, and

(b) is operated using automated or partly-automated systems from one or more central control points.

"metro assets" means assets (including transport infrastructure, transport vehicles and rolling stock) used for or in connection with or to facilitate the movement of persons by means of a metro.

"metro passenger service" means a passenger service provided by a metro.

"metropolitan rail area" --see section 3A.

"mode shift" , in relation to transport, means a change from the use of one mode of transport to another mode of transport.

"National Heavy Vehicle Regulator" means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW) , section 656.

"National Rail Safety Regulator" means the Office of the National Rail Safety Regulator established under the Rail Safety National Law (NSW) .

"Newcastle ferry services" means ferry services provided in Newcastle Harbour.

"NSW rail access undertaking" means--

(a) if an undertaking referred to in section 99C is in force under the Competition and Consumer Act 2010 of the Commonwealth, that undertaking, or

(b) in any other case, an access undertaking in force under Schedule 6AA.

"NSW rail network" means the railway lines vested in or owned by or managed or controlled by a rail infrastructure owner (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned or managed or controlled), but does not include any part of a metro.

"NSW Trains" means NSW Trains constituted under this Act.

"public space" means a space that is open to the public, or is used by the public, for no payment of money or other consideration.

Note--: Public spaces may include public open spaces, public facilities and streets.

"public transport agency" means TfNSW, the State Transit Authority, Sydney Ferries, Sydney Metro, NSW Trains, Sydney Trains and their public or private subsidiary corporations.

"rail infrastructure facilities" --

(a) includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but

(b) does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner.

"rail infrastructure owner" means--

(a) in the case of any rail infrastructure facilities that are managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or

(a1) in the case of any rail infrastructure facilities that are managed or controlled by NSW Trains for the purposes of exercising its functions under this Act, NSW Trains, or

(a2) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Trains for the purposes of exercising its functions under this Act, Sydney Trains, or

(a3) in the case of any rail infrastructure facilities owned by TAHE or vested in TAHE by or under this or any other Act, TAHE, or

(a4) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Metro for the purposes of exercising its functions under this Act, Sydney Metro, or

(b) in the case of any rail infrastructure facilities that are subject to an ARTC lease or licence or are installed, established or replaced by ARTC in or on land subject to an ARTC lease or licence, ARTC, or

(c) in any other case, the person in whom ownership of rail infrastructure facilities is vested by or under this Act.

"rail operator" means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track.

"railway service" means a railway passenger service and a metro passenger service.

"Residual Transport Corporation" or
"RTC" means Residual Transport Corporation of New South Wales constituted under this Act.

"rolling stock" means any vehicle that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track or tracks when the vehicle is not operating on a railway track or tracks.

"SOC Act" means the State Owned Corporations Act 1989 .

"SOC conversion day" means the date of commencement of Schedule 2.1[6] to the Transport Administration Amendment (Transport Entities) Act 2017 .

"State Rail Authority Residual Holding Corporation" (or
"SRA Residual Holding Corporation" ) means the State Rail Authority Residual Holding Corporation constituted under this Act.

"State Transit Authority" means the State Transit Authority of New South Wales constituted under this Act.

"Sydney Ferries" means Sydney Ferries constituted under this Act.

"Sydney ferry services" means ferry services provided in Sydney Harbour or the Parramatta River.

"Sydney Metro" means Sydney Metro constituted under this Act.

"Sydney Metro Board" means the board of directors of Sydney Metro.

"Sydney Trains" means Sydney Trains constituted under this Act.

"TAHE" means Transport Asset Holding Entity of New South Wales constituted under Part 2.

"transport assets" means assets used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes transport infrastructure.

"transport district" means a transport district for the time being established under section 108.

"Transport for NSW" (or
"TfNSW" ) means Transport for NSW constituted under this Act.

"transport infrastructure" means infrastructure used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes--

(a) railways and railway infrastructure, and

(b) roads and road infrastructure, and

(c) maritime infrastructure and ports, and

(d) transport safety infrastructure, and

(e) systems, works, structures, buildings, plant, machinery and equipment that are associated with or incidental to transport infrastructure.

"transport legislation" means the following Acts and the regulations under those Acts--

(a) this Act,

(b) the Passenger Transport Act 1990 ,

(c) the Ports and Maritime Administration Act 1995 ,

(d) the Roads Act 1993 ,

(e) an Act that forms part of the road transport legislation as defined in the Road Transport Act 2013 ,

(g) the marine legislation as defined in the Ports and Maritime Administration Act 1995 ,

(h) an Act that is prescribed by the regulations for the purposes of this definition.

"transport safety inquiry" has the same meaning as it has in the Passenger Transport Act 1990 .

"Transport Secretary" means the Secretary of the Department of Transport.

"Transport Service" means the Transport Service of New South Wales referred to in section 68B.

"transport services" include railway services (including heavy rail and light rail services and metro passenger services), bus services and ferry services.

"transport system" means the transport services and transport infrastructure of the State for all modes of transport.

"voting shareholders" of TAHE, means the voting shareholders within the meaning of the SOC Act.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act--

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes in the text of this Act do not form part of this Act.