Queensland Numbered Acts

TRANSPORT OPERATIONS (TRANSLINK TRANSIT AUTHORITY) ACT 2008 No. 32 - SECT 70

After section 36--

insert--

'(1) A regulation may declare infrastructure to be essential public transport infrastructure.

'(2) However, the declaration may be made only if--

(a) the infrastructure is used, or may be used, for the provision of a public passenger service; and

(b) the Minister is satisfied that the infrastructure--

(i) makes up part of the transport network for public passenger services; and

(ii) is essential to the continuity of public passenger services.

'(3) The declaration must identify the infrastructure and the public passenger service.

'(4) In this section--

infrastructure includes land and any other property.

'(1) The chief executive may, by written notice, give the owner of essential public transport infrastructure a direction to--

(a) allow any operator of the relevant service for the infrastructure to use the infrastructure on stated conditions fixed by the chief executive; and

(b) not to change the infrastructure in a way that restricts that use.

'(2) However, before giving the direction, the chief executive must--

(a) give the relevant parties a reasonable opportunity to make written submissions about the proposed direction; and

(b) consider any submissions made under paragraph (a); and

(c) be satisfied that--

(i) the relevant parties have not been able to reach an agreement about the use under the proposed declaration; and

(ii) there is no other reasonably practicable alternative to the direction that will secure the use.

'(3) The direction must--

(a) identify the infrastructure and the relevant service; and

(b) state a reasonable period within which the direction must be complied with; and

(c) include, or be accompanied by, an information notice about the decision to give the direction and the decision to fix the conditions.

'(4) The direction is an essential infrastructure direction.

'(5) In this section--

relevant parties means--

(a) the owner and anyone else who would, under section 36C, be bound by the proposed direction; and

(b) any operator of the relevant service.

relevant service means the public passenger service identified in the declaration that declared the essential public transport infrastructure.

'An essential infrastructure direction binds--

(a) the owner and any lessee of the infrastructure to which the direction relates; and

(b) to the extent the infrastructure consists of land--any person with an interest in the land; and

(c) a transferee of the infrastructure from a person mentioned in paragraph (a) or (b); and

(d) a transferee of the infrastructure from a person mentioned in paragraph (c); and

(e) anyone else who has control of the infrastructure.

'A person who is bound by an essential infrastructure direction must comply with the direction.

Maximum penalty--1665 penalty units.

'(1) This section applies if an essential infrastructure direction relates to land.

'(2) As soon as practicable after giving the direction, the chief executive must give the registrar written notice of the giving of the direction.

'(3) The registrar must keep records showing that the direction has been given.

'(4) The registrar must keep the records in a way that a search of any register kept by the registrar will show that the direction has been given.

'(5) If the direction is amended or repealed, the chief executive must give written notice of that fact to the registrar.

'(6) As soon as practicable after receiving a notice under subsection (5), the registrar must--

(a) for an amendment--change the records to reflect the amendment; or

(b) if the direction is repealed--remove the particulars of the direction from the records.

'(7) In this section--

registrar means the registrar of titles under the Land Title Act 1994 or another person responsible for keeping a register for dealings in land.

'(1) A person bound by an essential infrastructure direction may claim compensation from the State for costs incurred by the person in complying with the direction.

'(2) The amount of the compensation is to be decided by agreement between the chief executive and the claimant or, if there is no agreement, by an arbitrator.

'(3) The arbitrator must be appointed by--

(a) agreement between the chief executive and the claimant; or

(b) if the chief executive and the claimant can not agree--the Institute of Arbitrators & Mediators Australia or, if that body ceases to exist, another body that represents arbitrators.

'(4) The compensation must not include any component for--

(a) loss of income or profit for any use of the infrastructure other than that required to be allowed under the direction; or

(b) diminution in the value of the infrastructure or land related to the infrastructure because of the direction.

'(5) Without limiting the matters an arbitrator may or may not take into account, a regulation may provide for matters to be considered, or not considered, in deciding the amount of compensation.

'(6) The Commercial Arbitration Act 1990 applies to the arbitration.

'To remove any doubt, it is declared that this chapter does not limit or otherwise affect the chief executive's power to make a decision under the Transport Infrastructure Act 1994, section 139(2) about rail transport infrastructure.'.