Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 63

After section 475ZE—

insert—

'The purpose of this chapter is to provide for a regime for dealing with transport interface issues in transport interface management areas.

'In this chapter—

transport interface means an interface between—

(a) a transport interface object; and

(b) either or both of the following—

(i) a thing (including a building, another structure or road) that is in the immediate vicinity of, or otherwise affects or is affected by, the transport interface object;

(ii) a place (including a building, another structure or road) at, on or in which an activity that affects or is affected by the transport interface object is carried out.

transport interface agreement see section 475ZH.

transport interface issue means an issue that arises because of a transport interface.

Examples of issues that may be transport interface issues—

access to a thing located partly on land owned or occupied by someone else

access to a thing that can only be accessed for a particular purpose (for example, maintenance) by entering land owned or occupied by someone else

shared responsibility for safety and maintenance of shared facilities

disruption of, or delays in, carrying out activities at a place caused by the presence of a thing, or carrying out of activities, at an adjacent or nearby place

transport interface management area means land or part of land declared as a transport interface management area under section 475ZI.

transport interface object means any of the following—

(a) a busway;

(b) busway land and other land that is State land on which busway transport infrastructure is situated;

(c) busway transport infrastructure;

(d) busway transport infrastructure works;

(e) light rail;

(f) light rail land and other land that is State land on which light rail transport infrastructure is situated;

(g) light rail transport infrastructure;

(h) light rail transport infrastructure works.

'(1) A transport interface agreement is an agreement that provides for the following—

(a) identifying transport interface issues for the transport interface covered by the agreement;

(b) measures for managing the identified transport interface issues, and implementing the measures;

(c) the evaluation, testing and, if necessary, revision of the measures mentioned in paragraph (b);

(d) the roles and responsibilities of each party to the agreement in relation to the measures mentioned in paragraph (b);

(e) the procedures by which each party will monitor compliance with the obligations under the agreement;

(f) a process for keeping the agreement under review and how any review will be conducted and implemented;

(g) enforcing rights or obligations under the agreement, including, for example, a dispute resolution process.

'(2) A transport interface agreement—

(a) may provide for a matter by applying, adopting or incorporating a matter contained in another document (with or without modification); and

(b) may consist of 2 or more documents.

'(3) A transport interface agreement must be consistent with—

(a) the objectives of this Act mentioned in section 2; and

(b) the objectives of other transport laws.

'(1) The chief executive may, by gazette notice, declare land or part of land to be a transport interface management area if—

(a) there is a transport interface on the land or part; and

(b) the chief executive reasonably believes—

(i) the transport interface creates or is likely to create transport interface issues; and

(ii) transport interface arrangements should be in place to deal with the transport interface issues or potential transport interface issues.

'(2) Before making the declaration, the chief executive must—

(a) give the persons the chief executive considers may be affected by the declaration written notice of the chief executive's proposal to make the declaration; and

Example of a person who may be affected by the declaration—

a person who owns, manages, controls or is otherwise responsible for a thing or place in relation to which the transport interface issues or potential transport interface issues exist

(b) give the persons a reasonable opportunity to make submissions to the chief executive in relation to the proposed declaration; and

(c) have regard to any submissions made by the persons.

'(3) Land declared to be a transport interface management area must be—

(a) identified specifically in the gazette notice; or

(b) identified generally in the gazette notice, and identified specifically in documents described in the gazette notice and available for perusal at an office of the department mentioned in the gazette notice.

'(4) The identification of land declared to be a transport interface management area may, but need not, be by reference to strata occupied by the land.

'(5) In this section—

transport interface arrangements means—

(a) transport interface agreements; or

(b) arrangements under section 475ZL.

'(1) This section applies if—

(a) there is a transport interface; and

(b) a person (first person) owns, manages, controls or is otherwise responsible for a transport interface object the subject of the transport interface; and

Examples of a person for paragraph (b)—

the chief executive, light rail franchisee, light rail manager

(c) another person (second person) owns, manages, controls or is otherwise responsible for a relevant thing or place in relation to the transport interface; and

Examples of persons for paragraph (c)—

owner or occupier, a local government, chief executive, public utility plant provider

(d) the transport interface is in a transport interface management area.

'(2) The first person and second person may enter into a transport interface agreement for the transport interface.

'(3) In this section—

relevant thing or place, in relation to a transport interface, means a thing or place mentioned in section 475ZG, definition transport interface, paragraph (b)(i) or (ii).

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

(a) that, under section 475ZJ, a person is seeking to enter into a transport interface agreement with another person and the agreement has not been entered into because the other person—

(i) is unreasonably refusing or failing to enter into a transport interface agreement with the person; or

(ii) is unreasonably delaying the negotiation of a transport interface agreement with the person; or

(b) that—

(i) section 475ZJ applies in relation to persons for a transport interface in a transport interface management area; and

(ii) the persons have not made a reasonable attempt to enter into a transport interface agreement for the interface; and

(iii) it has been at least 60 days after the declaration of the transport interface management area.

'(2) The chief executive may give the persons mentioned in subsection (1)(a) or (b) a written notice (a preliminary notice) that—

(a) states the chief executive's powers under this chapter, including that the chief executive may give a direction under section 475ZL at any time after a stated date that is at least 28 days after the preliminary notice is given; and

(b) includes copies of this section and section 475ZL; and

(c) identifies the transport interface issues that the chief executive reasonably considers should be dealt with by a transport interface agreement between the persons.

'(3) The preliminary notice may contain suggested terms for inclusion in a transport interface agreement to deal with the transport interface issues mentioned in subsection (2)(c).

'(4) The chief executive may, by written notice, ask a person to whom a preliminary notice was given for information the chief executive reasonably requires for giving a direction under section 475ZL.

'(5) A person to whom a written notice is given under subsection (4) must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—60 penalty units.

'(1) This section applies if—

(a) the chief executive gives persons a preliminary notice under section 475ZK; and

(b) the persons have not entered into a transport interface agreement to deal with the transport interface issues identified in the preliminary notice by the date stated in the preliminary notice.

'(2) The chief executive may—

(a) decide the arrangements that are to apply in relation to the transport interface issues identified in the preliminary notice; and

(b) direct the persons to implement the arrangements by a stated date.

'(3) A direction under subsection (2)(b) may be given at any time after a day that is at least 28 days after the preliminary notice is given.

'(4) A direction given under subsection (2)(b) must be written and state the following—

(a) the arrangements decided by the chief executive that are to apply in relation to the transport interface issues identified in the preliminary notice;

(b) the date by which the arrangements must be implemented.

'(5) A person to whom a direction is given under subsection (2)(b) must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—200 penalty units.

'(1) The chief executive may make guidelines about the following—

(a) how persons may identify transport interface issues that may affect them;

(b) measures that may be implemented to deal with particular transport interface issues;

(c) standard terms that may be included in transport interface agreements.

'(2) The chief executive must—

(a) publish the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, on the department's website; and

Editor's note—

On the day of the commencement of this section the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, are available on the department's website at .

(b) make copies of the guidelines, and the provisions of any document applied, adopted or incorporated by the guidelines, available for inspection—

(i) without charge; and

(ii) during normal business hours; and

(iii) at the places the chief executive considers appropriate.'.