Victorian Numbered Acts

TRANSPORT INTEGRATION ACT 2010 (NO. 6 OF 2010) - NOTES

No. 6 of 2010

__________________

Victoria

Transport Integration Act 2010^[†]

No. 6 of 2010

[Assented to 2 March 2010]

^[†]     Minister's second reading speech—

    Legislative Assembly: 10 December 2009

    Legislative Council: 4 February 2010

    The long title for the Bill for this Act was "A Bill for an Act to create a new framework for the provision of an integrated and sustainable transport system in Victoria, to amend the Transport Act 1983, the Marine Act 1988, the Rail Corporations Act 1996, the Eastlink Project Act 2004 and certain other Acts, to repeal the Southern and Eastern Integrated Transport Authority Act 2003 and for other purposes."

INDEX

Subject	Section
Act
amendments to Marine Act 1988	201, Sch. 5
amendments to other Acts	24, 25, 202–204, Schs 1, 2, 6
amendments to Rail Corporations Act 1996	200, Sch. 4
amendments to Transport Act 1983	199, Sch. 3
commencement	2
Crown bound by	5
effect of Part 2	28
expiry of section 205	205
interpretation	23
purpose	1
regulations	198, 205
repeal of sections 204, 206, Schedules 1–6	206
repeal of Southern and Eastern Integrated Transport Authority Act 2003	202
transitional provisions	199–203, 205
Adjoining land See Land
Buses and bus services (defs)	3
Chief Investigator, Transport Safety
corporate plans	64
definition	3
delegation	183
functions	181
object	180
powers	182
successor in law to Chief Investigator, Transport and Marine Safety Investigations	179
Commercial passenger vehicles (def.)	3
Compensation
compulsory acquisition of land	36, 71
damage caused by Secretary, Victorian Rail Track	37, 126
use of reserved land	92, 123
Corporate plans	64, 110–113, 165–169
Corresponding safety laws	3, 197
Crown	5, 42, 83, 135
Crown land
acquisition by Secretary	35
acquisition, disposal, dealings by Director, Public Transport	70
grant of unalienated land	93, 124
surplus land	94
use by Secretary for transport purposes	34
use, management of by Roads Corporation	92
use of by Victorian Rail Track	123
use of reserved land by Director, Public Transport	73
Subject	Section
Decision making principles See Transport system
Declarations	4, 49, 136
Definitions	3, 36, 51, 64, 71, 94, 121, 125
Department of Transport
definition of Department	3
functions	33
objects	32
powers, duties regarding
Corporate plans	64
preparation, revision of Victorian Transport Plan	63
Director of Public Transport
continuation of	65
definition	3
delegation	79
functions	67
powers – general	68, 153
powers regarding
acquisition, disposal, dealings with land	69–71
contingency plans for exercise of certain powers	76
corporate plans	64
cost-benefit analyses of relevant rail safety projects	77, 78
easements	72
extra-territorial powers, functions	74
use of Crown land for transport purposes	73
primary object	66
subject to directions of Minister	75
Director, Transport Safety
definition	3
delegation	178
functions	173
powers regarding
corporate plans	64
cost-benefit analyses, consultation in mandatory transport safety decisions	175, 176
disclosure of information	177
investigation of transport safety matters	174
primary object	172
successor in law to Director, Public Transport Safety and Director of Marine Safety	171
Easements	72, 122
Entry powers
into buildings by Roads Corporation	96
onto land by Secretary	37
Victorian Rail Track	126
Essential Services Commission	3
Evidentiary provisions	60
Guarantees	109
Subject	Section
Interface bodies
agreement regarding statements of policy principles	22
application of transport system objectives, decision making principles	25–27
declaration of	4
definition	3
Interface legislation (def.)	3
Investigations
Ministerial directions	191
publication of	177
transport safety matters	174
Land
acquisition by negotiation	95
adjoining land	36, 71
compulsory acquisition by
Director, Public Transport	69–71
Secretary	36, 37
Victorian Rail Track – use, disposal	121, 125
entry for construction, works by VicRailTrack	126
reserved land	92, 123
surplus land	94
See also Crown land; Easements
Linking Melbourne Authority
establishment	134
functions	138
powers
arrangements for services of public servants	139
general fund, investment	141
receipt, expenditure of money	140
primary object	137
represents Crown	135
successor in law to Southern and Eastern Integrated Transport Authority	134
Mandatory marine safety decisions (def.)	3
Mandatory rail safety decisions (def.)	3
Mandatory transport safety decisions	3, 175, 176
Marine safety matters	3, 191
Minister
delegation	31
powers (general)	29
powers regarding
appointment of persons, bodies to provide advice, exercise delegated powers	30
compulsory acquisition of land	36, 71, 121
Director of Public Transport	75
guidelines for cost-benefit analyses and consultations	78, 176
investigations	191
Linking Melbourne Authority	138, 140
Road Transport-Related Projects	136
Roads Corporation	84, 87, 90, 91, 94, 97–105, 110, 112
Subject	Section
Secretary	38
statements of policy principles	22
transfer of transport projects	52
transport bodies, interface bodies	4
Transport Corporations	145–147, 152, 153, 158–163, 165, 167
Transport Infrastructure Development Agent	46, 48
Transport Infrastructure Projects	49, 50
transport safety appointees	188, 191, 193
Victorian Rail Track	120, 125
Victorian Transport Plan	63
V/Line Corporation	132
Motor vehicles (def.)	3
Municipal councils See Interface bodies
Orders in Council	4, 48, 49, 51, 52
Passenger services (def.)	3
Premier
consultation with	77, 78, 175, 176
Road Transport-Related Projects	136
Transport Infrastructure Development Agent	48
Proceedings	56
Public transport safety matters	3, 191
Public transport system (def.)	3
Rail infrastructure (def.)	3
Rail safety recommendations (def.)	3
Registrar of Titles	35, 58, 70, 72, 122
Regulations	198, 205
Relevant rail safety projects	3, 77
Relevant transport safety laws (def.)	3
Reserved land See Land
Road system (def.)	3
Road Transport-Related Projects
declaration by Minister	136
definition	3
facilitation by Linking Melbourne Authority	137, 138
Roads Corporation
appointment of acting Chief Executive	84
Chief Executive	80, 84, 85
continuation	80
delegation	115
execution of guarantees	109
extra-territorial powers, functions	97
functions	87
judicial notice, safe custody of official seal	81
powers (general)	88
powers, duties regarding
acquisition of land by negotiation	95
attainment of quantitative targets	99
budgets	100–106
Corporate plans	64, 110–113
disposal of assets in exchange for lease	91
employment of staff	90
Subject	Section
entry of buildings	96
financial accommodation	108
general fund	107
grant of unalienated Crown land	93
non-transport system function	89
notification of significant events	114
surplus land	94
use, management of Crown land	92
primary object	86
represents Crown	83
subject to direction of Minister	98
trading name – VicRoads	82
validity of acts, decisions	85, 113
Secretary
definition	3
delegation	39
powers (general)	34
powers regarding
acquisition, disposal, dealings with land	35–37
transfer of employees	61
use of Crown land for transport purposes	34
Victorian Rail Track	120, 125
subject to direction of Minister	38
Statements of policy principles See Transport system
Transitional provisions	199–203, 205
Transport bodies
application of statement of policy principles of	22
application of transport system objectives, decision making principles	24, 26, 27
corporate plans	64
declaration of	4, 30
definition	3
See also Transport projects
Transport Corporations
annual report	164
board of directors
acting appointments	146
appointment of directors	145
chairperson	144–146, 150
constitution	144
deputy chairperson	144–146
proceedings	150
requirement to have	143
vacancies, resignation, removal from office	148
validity of decisions	149
body corporate	142
borrowing powers	154
Chief Executive Officer	147
corporate plans	64, 165–169
definition	3
delegation	170
determination of capital	158–160
Subject	Section
extra-territorial powers, functions	156
judicial notice, safe custody of official seal	142
no power of exemption, indemnity	157
payment of dividends	161
powers	152–154
powers, duties of directors
notification of significant events	169
reports to Minister, Treasurer	162
prohibition on loans, guarantees to directors	155
resolution without meetings	151
subject to directions of Minister	163
validity of actions	168
See also Linking Melbourne Authority;     Victorian Rail Track; V/Line Corporation
Transport Infrastructure Development Agent
appointment of members	48
definition	3
delegation	47
establishment	40
functions	44
judicial notice, safe custody of official seal	41
object	43
powers (general)	45
represents Crown	42
subject to direction, control of Minister	46
Transport Infrastructure Projects	3, 49, 50
Transport legislation (def.)	3
Transport projects – Transfer
admissibility of evidence	60
definitions	51
effect of instruments	51, 55
interests in land	57
no stamp duty, tax payable	59
recordings in Register	58
subject to encumbrances	53
substitution of party to agreement	54
substitution of party to proceedings	56
transfer date	52
transfer of employees	61
validity of things done under Division 5 Part 3	62
Transport safety (def.)	3
Transport safety agencies See Chief Investigator, Transport Safety; Director, Transport Safety
Transport safety appointees
acting appointments	185
appointments	184
cease to hold office	186, 188
definition	3
directions regarding investigations	191
employment of staff	192
extra-territorial powers, functions	195
immunity	190
Subject	Section
independence of	194
powers (general)	193
powers regarding
advice on compliance	197
memoranda of understanding	196
removal	185
resignation	187
suspension	188
validity of decisions	189
See also Chief Investigator, Transport Safety;         Director, Transport Safety
Transport safety matters	3, 174, 177
Transport safety officers (def.)	3
Transport services (def.)	3
Transport system
decision making principles
equity	17
integrated decision making	15
precautionary principle	19
specification	14
stakeholder engagement and community participation	20
transparency	21
transport system user perspective	18
triple bottom-line assessment	16
definition	3
objectives
contribution to environmental sustainability	10
efficiency, co-ordination and reliability of movement of persons and goods	12
facilitation of economic prosperity	9
integration of transport and land use	11
safety, health and wellbeing	13
social and economic inclusion	8
specification	7
statements of policy principles	22
Vision statement	6
Transport system agencies See Director of Public Transport; Roads Corporation
Treasurer
consultation with regarding
mandatory transport safety decisions	175, 176
relevant rail safety projects	77, 78
Transport Corporations	145–147, 161
powers regarding
execution of guarantees	109
Linking Melbourne Authority	140
Road Transport-Related Projects	136
Roads Corporation	100, 103–105, 108
transfer of transport projects	52
Transport Corporations	162, 163
Transport Infrastructure Development Agent	45
Victorian Rail Track	125
Subject	Section
VicRoads See Roads Corporation
Victorian Rail Track
continuation	116
determination of initial capital	158
functions	120
not to represent Crown	118
powers, duties regarding
acquisition, disposal of interests in land	125
compensation	123, 126
compulsory acquisition of land	121
contingency plans for exercise of certain powers	127
easements	122
entry onto land for works, construction	126
grant of unalienated Crown land	124
use of reserved land	123
primary object	119
trading name – VicTrack	117
Victorian Transport Plan	63
Vision statement See Transport system
V/Line Corporation
continuation of	128
determination of initial capital	158
functions	132
not to represent Crown	130
powers, duties regarding
contingency plans for exercise of certain powers	133
primary object	131
trading name – V/Line	129