Victorian Numbered Acts

TRANSPORT INTEGRATION ACT 2010 (NO. 6 OF 2010) - SECT 3

        In this Act—

"bus" has the same meaning as it has in section 3(1) of the Bus Safety Act 2009 ;

"bus service" has the same meaning as it has in section 3(1) of the Bus Safety Act 2009 ;

"Chief Investigator, Transport" Safety means the person holding the position referred to in section 179(1);

"commercial passenger vehicle" has the same meaning as it has in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

"corresponding safety law" means—

        (a)     a relevant marine safety law; or

        (b)     a relevant transport safety law; or

        (c)     the Public Transport Competition Act 1995 ;

"decision making principles" means the principles specified in Division 3 of Part 2;

"Department" means the Department of Transport;

"development", in Division 4 of Part 3, has the same meaning as it has in section 3 of the Major Transport Projects Facilitation Act 2009 ;

"Director of Public Transport" means the person holding the position referred to in section 65(1);

"Director, Transport" Safety means the person holding the position referred to in section 171(1);

"harbour master" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"interface body" means—

        (a)     in respect of the Conservation, Forests and Lands Act 1987 , the body corporate established under that Act under the name Secretary to the Department of Sustainability and Environment;

        (b)     in respect of the Local Government Act 1989 , a Municipal Council;

        (c)     in respect of the Parks Victoria Act 1998 , Parks Victoria established under that Act;

        (d)     in respect of the Planning and Environment Act 1987 —

              (i)     a planning authority under that Act;

              (ii)     the Growth Areas Authority established under section 46AQ of that Act;

        (e)     in respect of the Major Transport Projects Facilitation Act 2009 —

              (i)     a project authority appointed under section 6 of that Act;

              (ii)     a project proponent appointed under section 15 of that Act;

              (iii)     an assessment committee established under section 35 of that Act;

        (f)     in respect of the Project Development and Construction Management Act 1994 , a Minister or facilitating agency;

        (g)     in respect of the Victorian Urban Development Authority Act 2003 , the Victorian Urban Development Authority established under that Act;

        (h)     in respect of any interface legislation, a Minister administering the interface legislation;

              (i)     in respect of land managed or controlled under the Wildlife Act 1975 , the Crown Land (Reserves) Act 1978 , the Forests Act 1958 , the Land Act 1958 , the National Parks Act 1975 , Part 4 of the Water Industry Act 1994 or the Alpine Resorts (Management) Act 1997 , the person or body responsible for the management or control of that land;

        (j)     a person or body which is declared to be an interface body—

              (i)     by the Act under which the person is appointed or the body is established; or

              (ii)     by the interface legislation under which functions or powers are conferred on the person or body—

either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be an interface body by the Act or interface legislation;

        (k)     a public body which is declared to be an interface body by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface body by the Order in Council;

"interface legislation" means—

        (a)     Alpine Resorts (Management) Act 1997 ;

        (b)     Conservation, Forests and Lands Act 1987 ;

        (c)     Crown Land (Reserves) Act 1978 ;

        (d)     Forests Act 1958 ;

        (e)     Land Act 1958 ;

        (f)     Local Government Act 1989 ;

        (g)     Major Transport Projects Facilitation Act 2009 ;

        (h)     National Parks Act 1975 ;

              (i)     Parks Victoria Act 1998 ;

        (j)     Planning and Environment Act 1987 ;

        (k)     Project Development and Construction Management Act 1994 ;

        (l)     Victorian Urban Development Authority Act 2003 ;

        (m)     Part 4 of the Water Industry Act 1994 ;

        (n)     Wildlife Act 1975 ;

        (o)     any other Act or provision of any other Act which is declared to be interface legislation by that other Act;

        (p)     any regulations or other subordinate instrument made under an Act which is interface legislation;

"Linking Melbourne Authority" means the body corporate established under section 134;

"mandatory marine safety decision" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"mandatory rail safety decision" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

"mandatory transport safety decision" means—

        (a)     a mandatory marine safety decision; or

        (b)     a mandatory rail safety decision;

"marine safety matter" means—

        (a)     an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any other property or equipment, and includes, for example—

              (i)     any accident involving a vessel;

              (ii)     any incident involving a vessel in which there is evidence of systematic safety deficiencies;

        (b)     the occurrence of any event that provides reasonable grounds for the belief—

              (i)     that any pilot, pilot exempt master, harbour master, pilotage services provider or person holding a certificate of competency or service under the Marine Act 1988 has acted incompetently in the course of his or her duties or in breach of that Act or the regulations made under that Act; or

              (ii)     that the holder of any harbour master licence has breached the conditions of that licence; or

              (iii)     that any pilot, pilot exempt master or pilotage services provider, who is registered under the Marine Act 1988 to act as a pilot, pilot exempt master or pilotage services provider (as the case requires), has breached the conditions of that registration;

        (c)     any other incident or any state of affairs involving, or in relation to, a vessel that is specified by the regulations for the purposes of this definition;

"master" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"motor vehicle" has the same meaning as it has in section 3(1) of the Road Safety Act 1986 ;

"passenger services" includes—

        (a)     bus services;

        (b)     commercial passenger vehicle services (including taxi-cab services and hire-car services);

        (c)     ferry passenger services;

        (d)     rail passenger services (including train and tram services provided by a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 );
s. 3

"pilot" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"pilot exempt master" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"pilotage services provider" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"prescribed" means prescribed by regulations made under this Act;

"public transport safety matter" means—

        (a)     an incident involving rolling stock, rail infrastructure, a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—

              (i)     any derailment of any rolling stock;

              (ii)     any collision involving any bus or rolling stock;

              (iii)     any incident resulting from the construction, maintenance or operation of a railway or from the operation of a bus;

              (iv)     any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock;

              (v)     any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations;

              (vi)     any failure or breach of any practice or procedure involving rolling stock or a bus;

              (vii)     any fire, explosion or other similar occurrence involving rolling stock or a bus;

              (viii)     any incident in which there is evidence of systematic safety deficiencies;

        (b)     any other incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition;

"public transport system" means public transport and the public transport related components of the transport system including any passenger services;

"rail infrastructure "has the same meaning as it has in section 3(1) of the Rail Safety Act 2006 ;

"rail safety recommendation" means a recommendation by the Director, Transport Safety to the Director of Public Transport for the Director of Public Transport to undertake or fund a relevant rail safety project;

"rail safety worker "has the same meaning as it has in section 3(1) of the Rail Safety Act 2006 ;

"railway "has the same meaning as it has in section 3(1) of the Rail Safety Act 2006 ;

"relevant marine safety law "has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"relevant rail safety project" means any project undertaken relating to, or connected with, the provision or operation of a passenger service or rail freight service;

"relevant transport safety law "has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

"road" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;

"road-related infrastructure" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;

"road system" means the roads and road related components of the transport system including any transport services, motor vehicles and any other users of the road system;

"Road Transport-Related Project "means a project declared to be any Road Transport-Related Project under section 136;

"Roads Corporation" means the body corporate continued under section 80;

"roadside" has the same meaning as it has in section 3(1) of the Road Management Act 2004 ;

"rolling stock" has the same meaning as it has in section 3(1) of the Rail Safety Act 2006 ;

"Secretary" means the Secretary to the Department;

"statement of policy principles" means a statement issued under section 22;

"transport body" means—

        (a)     the Minister;

        (b)     the Minister administering any other transport legislation in respect of the transport system;

        (c)     the Department;

        (d)     a Department or public entity engaged in the development of policy in respect of the transport system;

        (e)     the Secretary;

        (f)     the Transport Infrastructure Development Agent;

        (g)     the Director of Public Transport;

        (h)     the Director, Transport Safety;

              (i)     the Chief Investigator, Transport Safety;

        (j)     the Roads Corporation;

        (k)     the licensing authority within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

        (l)     the Linking Melbourne Authority;

        (m)     the Public Transport Ticketing Body within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

        (n)     the Victorian Rail Track;

        (o)     the V/Line Corporation;

        (p)     the Port of Melbourne Corporation established under section 10 of the Port Services Act 1995 ;

        (q)     the Port of Hastings Corporation established under section 17A of the Port Services Act 1995 ;

        (r)     the Victorian Regional Channels Authority established under section 18 of the Port Services Act 1995 ;

        (s)     a local authority within the meaning of section 3(1) of the Marine Act 1988 ;

        (t)     a waterway manager within the meaning of section 3(1) of the Marine Act 1988 ;

        (u)     the Infrastructure Reference Panel established under section 31 of the Road Management Act 2004 ;

              (v)     the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 when it is exercising its functions and powers under any transport legislation in respect of the transport system;

        (w)     a coordinating road authority within the meaning of section 3(1) of the Road Management Act 2004 ;

              (x)     a committee, board, council or other body established by the Minister under any transport legislation;

        (y)     a person or body which is declared to be a transport body—

              (i)     by the Act under which the person is appointed or the body is established; or

              (ii)     by the transport legislation under which functions or powers are conferred on the person or body—

either generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be a transport body by the Act or transport legislation;

        (z)     a public body which is declared to be a transport body under any transport legislation by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which the public body is declared to be a transport body by the Order in Council;

"Transport Corporation" means—

        (a)     the Linking Melbourne Authority; or

        (b)     the Victorian Rail Track; or

        (c)     the V/Line Corporation;

"Transport Infrastructure Development Agent" means the body corporate established under section 40;

"Transport Infrastructure Project" means any project declared to be a Transport Infrastructure Project by an Order made under section 49 ;

"transport legislation" means—

        (a)     Accident Towing Services Act 2007 ;

        (b)     Border Railways Act 1922 ;

        (c)     Bus Safety Act 2009 ;

        (d)     Public Transport Competition Act 1995 ;

        (e)     Business Franchise (Petroleum Products) Act 1979 ;

        (f)     Eastlink Project Act 2004 ;

        (g)     Marine Act 1988 ;

        (h)     Melbourne City Link Act 1995 ;

              (i)     National Rail Corporation (Victoria) Act 1991 ;

        (j)     Pollution of Waters by Oil and Noxious Substances Act 1986 ;

        (k)     Port Services Act 1995 ;

        (l)     Rail Management Act 1996 ;

        (m)     Rail Safety Act 2006 ;

        (n)     Road Management Act 2004 ;

        (o)     Road Safety Act 1986 ;

        (p)     Transport (Compliance and Miscellaneous) Act 1983 ;

        (q)     Very Fast Train (Route Investigation) Act 1989 ;

        (r)     Westernport (Crib Point Terminal) Act 1963 ;

        (s)     any other Act or provision of any other Act which is declared to be transport legislation by that other Act;

        (t)     this Act;

        (u)     any regulations or other subordinate instrument made under an Act which is transport legislation;

"transport-related land, infrastructure and assets" includes the land, tracks, crossings, signals, buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings and rolling stock whether—

        (a)     operational because it has been released to the Secretary, the Director of Public Transport or any other person for transport purposes to support the transport system or related matters; or

        (b)     non-operational because it has not been released to the Secretary, the Director of Public Transport or any other person for transport purposes;

"transport safety", in Part 7, means safety for the operation of rail, bus and marine transport;

"transport safety agency" means a transport safety appointee;

"transport safety appointee" means—

        (a)     the Chief Investigator, Transport Safety;

        (b)     the Director, Transport Safety;

"transport safety matter" means—

        (a)     a marine safety matter;

        (b)     a public transport safety matter;

"transport safety officer" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

"transport services" includes—

        (a)     passenger services;

        (b)     rail freight services;

        (c)     road freight services;

        (d)     any other services that are provided to support the transport system;

"transport system" means all the components which make up the system for the movement of persons and goods including—

        (a)     the physical components such as—

              (i)     transport networks, paths and ways including roads, railways, shipping lanes, waterways, air flight paths, crossings, cycling paths and footpaths;

              (ii)     facilities for accessing, disembarking, unloading and the interchange of, persons and goods and for the storage of freight and vehicles, including train stations, tram stops, bus stops, inter-modal transfer facilities, freight yards, port facilities, airports and taxi stands, depots and networks;

              (iii)     motor vehicles, taxis, hire-cars, trains, trams, buses, ferries, boats, ships, aeroplanes, motor cycles, bicycles and mobility aids;

              (iv)     control, communications and location systems and technology, information, and other systems and equipment;

        (b)     the management components such as—

              (i)     strategic planning including plans for building the network, acquiring vehicles, reserving land for future development and business continuity;

              (ii)     operations planning including business plans, corporate plans, operations plans and contingency plans;

              (iii)     operational matters required to operate the transport system including schedules, timetables and ticketing systems;

              (iv)     administration, maintenance and information management matters;

              (v)     research and marketing including advertising and promotions;

              (vi)     legislative and regulatory systems such as registration, licensing and accreditation;

        (c)     the labour components including all the persons involved in planning, policy development, operations and regulating and managing the physical and management components of the transport system;

        (d)     the services components including passenger, freight and any other transport services to move persons and goods;

"transport system agency" means—

        (a)     the Director of Public Transport; or

        (b)     the Roads Corporation;

"transport system objectives" means the objectives specified in Division 2 of Part 2;

"vessel" has the same meaning as it has in section 3(1) of the Marine Act 1988 ;

"Victorian Rail Track" means the body corporate continued under section 116;

"vision statement" means the statement set out in section 6 ;

"V/Line" Corporation means the body corporate continued under section 128.