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Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL (No. 2)
1998
Queensland
TRANSPORT LEGISLATION
AMENDMENT BILL (No. 2) 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF TRAFFIC ACT 1949
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 44 (Removal of things from roads) . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF TRANSPORT (GLADSTONE EAST
END TO HARBOUR CORRIDOR) ACT 1996
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
SCHEDULE 1
LAND FOR RAIL TRANSPORT CORRIDOR
SCHEDULE 2
LAND FOR ROAD PURPOSES
7 Replacement of sch 4 (Roads partially closed) . . . . . . . . . . . . . . . . . . . . . . 16
SCHEDULE 4
ROADS PARTIALLY CLOSED
PART 4--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Insertion of new ch 6, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--INVESTIGATING POTENTIAL RAIL CORRIDOR
76 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
77 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2
Transport Legislation Amendment (No. 2)
78 How to apply for a rail feasibility investigator's authority . . . . . . . . 21
79 Additional information for application . . . . . . . . . . . . . . . . . . . . . . . . 21
79A Granting authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
79B Rail feasibility investigator's authority . . . . . . . . . . . . . . . . . . . . . . . 22
79C What investigator must do before land is entered for the
first time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
79D Investigator to issue associated person with identification . . . . . . . 24
79E Pretending to be an investigator etc. . . . . . . . . . . . . . . . . . . . . . . . . . 25
79F Investigator to take care in acting under authority . . . . . . . . . . . . . . 25
79G Compensation payable by investigator . . . . . . . . . . . . . . . . . . . . . . . 25
10 Insertion of new ch 6, pt 5, div 1 hdg and new s 93A . . . . . . . . . . . . . . . . . . 26
Division 1--Railway works
93A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
11 Insertion of new ch 6, pt 5, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
12 Insertion of new ch 8, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
13 Amendment of s 181 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
181A Meaning of "miscellaneous transport infrastructure" . . . . . . . . . . . . 28
15 Insertion of new ch 8, pt 2 hdg and pt 2, div 1 . . . . . . . . . . . . . . . . . . . . . . . 29
PART 2--OPERATIONAL LICENCES AND APPROVALS FOR
LICENSEES
Division 1--Definitions
181B Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
16 Insertion of new ch 8, pt 2, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
17 Amendment of s 182 (Licence for miscellaneous transport
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
18 Insertion of new ch 8, pt 2, divs 3-6 and ch 8, pt 3 hdg . . . . . . . . . . . . . . . . 29
Division 3--Approvals for licensees for intersecting areas
182A Purpose and scope of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
182B Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
182C Refusal to grant approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
182D Licensee may apply to Minister if approval not granted . . . . . . . . . 31
3
Transport Legislation Amendment (No. 2)
Division 4--Conditions for approvals
182E Approval conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
182F Notice of approval conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 5--Arbitration of approval conditions
182G Notice of dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
182H Appointment of arbitrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
182I Arbitrator's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
182J Arbitrator's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
182K Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
182L Effect of arbitrator's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 6--Miscellaneous
182M Miscellaneous transport infrastructure remains property of
licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
182N Compensation to responsible entity from licensee . . . . . . . . . . . . . . 36
PART 3--AUTHORITIES TO OCCUPY AND USE LAND
19 Insertion of new ch 8, pt 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
20 Amendment of s 186 (Chief executive may grant interests in land) . . . . . . 36
21 Insertion of new ch 8, pt 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
22 Insertion of new s 190A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
190A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
23 Insertion of new ch 10, pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4--Transition of forms
260 Transitional provision about forms . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
24 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 38
25 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 5--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
26 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
27 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 6--AMENDMENT OF INTEGRATED PLANNING ACT
1997
28 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
29 Amendment of sch 8 (Assessable, self-assessable and exempt
development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
4
Transport Legislation Amendment (No. 2)
PART 7--AMENDMENT OF JUDICIAL REVIEW ACT 1991
30 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
31 Amendment of sch 1 (Operation of other laws) . . . . . . . . . . . . . . . . . . . . . . 41
1998
A BILL
FOR
An Act to amend Acts administered by the Minister for Transport
and Minister for Main Roads, and for other purposes
s1 6 s4
Transport Legislation Amendment (No. 2)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Transport Legislation Amendment Bill 4
(No. 2) 1998. 5
6
Commencement
Clause 2.(1) Part 2 commences on a day to be fixed by proclamation. 7
(2) Part 3 is taken to have commenced on 12 December 1996. 8
PART 2--AMENDMENT OF TRAFFIC ACT 1949 9
amended in pt 2 10
Act
Clause 3. This part amends the Traffic Act 1949. 11
of s 44 (Removal of things from roads) 12
Amendment
Clause 4.(1) Section 44(7)-- 13
omit, insert-- 14
`(6C) Subsections (7) to (15) apply if the chief executive officer of a 15
local government considers on reasonable grounds that a vehicle, tram or 16
animal in the local government's area has been abandoned on a road by the 17
person who last drove or used it, or that-- 18
(a) a vehicle, tram or animal in the local government's area has 19
been-- 20
s4 7 s4
Transport Legislation Amendment (No. 2)
(i) left on a road unattended whether temporarily or otherwise 1
for a time or in a place, condition, way or circumstances 2
where its presence is hazardous; or 3
(ii) found on a road in a place, condition, way or circumstances 4
where its presence is hazardous or in contravention of this 5
Act; and 6
(b) the driver of the vehicle, tram or animal-- 7
(i) can not readily be located; or 8
(ii) has failed to immediately remove the vehicle, tram or animal 9
when required by the local government to do so. 10
`(6D) For subsection 6C, the presence of a vehicle, tram or animal on a 11
road is "hazardous" if it is causing, or is likely to cause, danger, hindrance 12
or obstruction to traffic or is preventing, hindering or obstructing, or is 13
likely to prevent, hinder or obstruct, the use of the road or a part of the road 14
for a lawful purpose. 15
`(7) The local government may remove the vehicle, tram or animal from 16
the road and detain it at a place for safe keeping.'. 17
(2) Section 44(8) to (12) and (14), `such vehicle'-- 18
omit, insert-- 19
`the vehicle, tram or animal'. 20
(3) Section 44(8) and (10), `the local government'-- 21
omit, insert-- 22
`the chief executive officer of the local government'. 23
(4) Section 44(11)(b) and (12), `the vehicle'-- 24
omit, insert-- 25
`the vehicle, tram or animal'. 26
(5) Section 44(12), from `which' to `(7)'-- 27
omit. 28
(6) Section 44(13), from `contained' to `government'-- 29
omit, insert-- 30
s4 8 s4
Transport Legislation Amendment (No. 2)
`in or on the vehicle, tram or animal at the time of its removal may be 1
disposed of in the way the chief executive officer of the local government'. 2
(7) Section 44(14), from `The' to `subsection (7) shall'-- 3
omit, insert-- 4
`The chief executive officer of the local government must'. 5
(8) Section 44(14)(a) `applicant' to `government'-- 6
omit, insert-- 7
`applicant to the chief executive officer of the local government'. 8
(9) Section 44(14)(b), from `satisfaction', first mention, to 9
`ownership'-- 10
omit, insert-- 11
`satisfaction of the chief executive officer of the applicant's ownership'. 12
(10) Section 44(14)(b), from `satisfaction', second mention, to 13
`authority'-- 14
omit, insert-- 15
`satisfaction of the chief executive officer of the applicant's authority'. 16
(11) Section 44(14)(c), `by such local government'-- 17
omit. 18
(12) Section 44(15), `vehicle'-- 19
omit, insert-- 20
`vehicle, tram or animal'. 21
(13) Section 44(16), from `vehicles' to `area'-- 22
omit, insert-- 23
`a vehicle, tram or animal in the local government's area that a person 24
authorised under the local law considers on reasonable grounds-- 25
(a) has been abandoned on a road; or 26
(b) has been left as described in subsection (6C)(a)(i); or 27
(c) has been found as described in subsection (6C)(a)(ii)'. 28
s5 9 s6
Transport Legislation Amendment (No. 2)
ART 3--AMENDMENT OF TRANSPORT 1
P
(GLADSTONE EAST END TO HARBOUR 2
CORRIDOR) ACT 1996 3
amended in pt 3 4
Act
Clause 5. This part amends the Transport (Gladstone East End To Harbour 5
Corridor) Act 1996. 6
of schs 1 and 2 7
Replacement
Clause 6. Schedules 1 and 2-- 8
omit, insert-- 9
`SCHEDULE 1 10
`LAND FOR RAIL TRANSPORT CORRIDOR 11
section 2 12
PART 1--LAND ALIENATED FROM THE STATE 13
1. An area of 1.996 hectares being Lot 27 on plan SP103897 Parish of 14
Targinie, County of Deas Thompson being a plan for registration in 15
the Office of Registrar of Titles, Department of Natural Resources, 16
Brisbane. 17
2. An area of 1663 square metres being Lot 32 on plan SP103897 Parish 18
of Targinie, County of Deas Thompson being a plan for registration in 19
the Office of Registrar of Titles, Department of Natural Resources, 20
Brisbane. 21
3. An area of 6.325 hectares being Lot 35 on plan SP103899 Parish of 22
Targinie, County of Deas Thompson being a plan for registration in 23
the Office of Registrar of Titles, Department of Natural Resources, 24
Brisbane. 25
s6 10 s6
Transport Legislation Amendment (No. 2)
4. A volume of 1261 cubic metres being Lot 37 on plan SP103900 1
Parish of Targinie, County of Deas Thompson being a plan for 2
registration in the Office of Registrar of Titles, Department of Natural 3
Resources, Brisbane. 4
5. An area of 1.5731 hectares being Lot 11 on plan SP101565 Parish of 5
Mount Larcom, County of Clinton being a plan for registration in the 6
Office of Registrar of Titles, Department of Natural Resources, 7
Brisbane. 8
6. An area of 3.553 hectares being Lot 15 on plan SP101565 Parish of 9
Mount Larcom, County of Clinton being a plan for registration in the 10
Office of Registrar of Titles, Department of Natural Resources, 11
Brisbane.1 12
7. An area of 3.05 hectares being Lot 13 on plan SP101565 Parish of 13
Mount Larcom, County of Clinton being a plan for registration in the 14
Office of Registrar of Titles, Department of Natural Resources, 15
Brisbane.2 16
8. An area of 1.697 hectares being Lot 16 on plan SP101566 Parish of 17
Mount Larcom, County of Clinton being a plan for registration in the 18
Office of Registrar of Titles, Department of Natural Resources, 19
Brisbane. 20
9. An area of 3.7072 hectares being Lot 18 on plan SP101566 Parish of 21
Mount Larcom, County of Clinton being a plan for registration in the 22
Office of Registrar of Titles, Department of Natural Resources, 23
Brisbane.3 24
10. An area of 377 square metres being Lot 21 on plan SP101566 Parish 25
of Mount Larcom, County of Clinton being a plan for registration in 26
the Office of Registrar of Titles, Department of Natural Resources, 27
Brisbane.4 28
1 The area includes 254 square metres of Easement W on RP 836822.
2 The area includes 104 square metres of Easement V on RP 836822.
3 The area includes 318 square metres of Easement A on RP 614754.
4 The area includes 196 square metres of Easement A on RP 614755.
s6 11 s6
Transport Legislation Amendment (No. 2)
11. An area of 3.1168 hectares being Lot 24 on plan SP101567 Parish of 1
Mount Larcom, County of Clinton being a plan for registration in the 2
Office of Registrar of Titles, Department of Natural Resources, 3
Brisbane. 4
12. An area of 4.546 hectares being Lot 26 on plan SP101568 Parish of 5
Mount Larcom, County of Clinton being a plan for registration in the 6
Office of Registrar of Titles, Department of Natural Resources, 7
Brisbane. 8
13. An area of 2690 square metres being Lot 29 on plan SP101567 Parish 9
of Nolan, County of Deas Thompson being a plan for registration in 10
the Office of Registrar of Titles, Department of Natural Resources, 11
Brisbane. 12
14. An area of 1.114 hectares being Lot 42 on plan SP101567 Parish of 13
Nolan, County of Deas Thompson being a plan for registration in the 14
Office of Registrar of Titles, Department of Natural Resources, 15
Brisbane. 16
15. An area of 1.759 hectares being Lot 40 on plan SP101567 Parish of 17
Nolan, County of Deas Thompson being a plan for registration in the 18
Office of Registrar of Titles, Department of Natural Resources, 19
Brisbane. 20
16. An area of 1054 square metres being Lot 33 on plan SP101570 Parish 21
of Nolan, County of Deas Thompson being a plan for registration in 22
the Office of Registrar of Titles, Department of Natural Resources, 23
Brisbane. 24
17. An area of 1.983 hectares being Lot 36 on plan SP101570 Parish of 25
Nolan, County of Deas Thompson being a plan for registration in the 26
Office of Registrar of Titles, Department of Natural Resources, 27
Brisbane. 28
18. A volume of 957 cubic metres being Lot 38 on plan SP101572 Parish 29
of Nolan, County of Deas Thompson being a plan for registration in 30
the Office of Registrar of Titles, Department of Natural Resources, 31
Brisbane. 32
s6 12 s6
Transport Legislation Amendment (No. 2)
19. An area of 4.3885 hectares being Lot 32 on plan SP101570 Parish of 1
Nolan, County of Deas Thompson being a plan for registration in the 2
Office of Registrar of Titles, Department of Natural Resources, 3
Brisbane. 4
PART 2--RESERVED LAND 5
20. An area of 3592 square metres being Lot 7 on plan SP103894 Parish 6
of Calliope, County of Clinton being a plan for registration in the 7
Office of Registrar of Titles, Department of Natural Resources, 8
Brisbane. 9
PART 3--STATE LAND 10
21. An area of 3.495 hectares being Lot 1 on plan SP103893 Parish of 11
Calliope, County of Clinton being a plan for registration in the Office 12
of Registrar of Titles, Department of Natural Resources, Brisbane. 13
22. An area of 2.326 hectares being Lot 2 on plan SP103893 Parish of 14
Calliope, County of Clinton being a plan for registration in the Office 15
of Registrar of Titles, Department of Natural Resources, Brisbane. 16
23. An area of 1518 square metres being Lot 5 on plan SP103893 Parish 17
of Calliope, County of Clinton being a plan for registration in the 18
Office of Registrar of Titles, Department of Natural Resources, 19
Brisbane. 20
24. An area of 3.382 hectares being Lot 12 on plan SP103893 Parish of 21
Calliope, County of Clinton being a plan for registration in the Office 22
of Registrar of Titles, Department of Natural Resources, Brisbane. 23
25. An area of 7.937 hectares being Lot 21 on plan SP103896 Parish of 24
Calliope, County of Clinton being a plan for registration in the Office 25
of Registrar of Titles, Department of Natural Resources, Brisbane. 26
s6 13 s6
Transport Legislation Amendment (No. 2)
26. An area of 2567 square metres being Lot 10 on plan SP103893 Parish 1
of Calliope, County of Clinton being a plan for registration in the 2
Office of Registrar of Titles, Department of Natural Resources, 3
Brisbane. 4
27. An area of 1.093 hectares being Lot 23 on plan SP103896 Parish of 5
Calliope, County of Clinton being a plan for registration in the Office 6
of Registrar of Titles, Department of Natural Resources, Brisbane. 7
28. An area of 3.861 hectares being Lot 30 on plan SP103898 Parish of 8
Calliope, County of Clinton being a plan for registration in the Office 9
of Registrar of Titles, Department of Natural Resources, Brisbane. 10
29. An area of 10.15 hectares being Lot 3 on plan SP101558 Parish of 11
Mount Larcom, County of Clinton being a plan for registration in the 12
Office of Registrar of Titles, Department of Natural Resources, 13
Brisbane. 14
30. An area of 6424 square metres being Lot 5 on plan SP101558 Parish 15
of Mount Larcom, County of Clinton being a plan for registration in 16
the Office of Registrar of Titles, Department of Natural Resources, 17
Brisbane. 18
31. An area of 9.972 hectares being Lot 7 on plan SP101558 Parish of 19
Mount Larcom, County of Clinton being a plan for registration in the 20
Office of Registrar of Titles, Department of Natural Resources, 21
Brisbane. 22
32. An area of 6478 square metres being Lot 14 on plan SP103893 Parish 23
of Calliope, County of Clinton being a plan for registration in the 24
Office of Registrar of Titles, Department of Natural Resources, 25
Brisbane. 26
33. An area of 3.244 hectares being Lot 16 on plan SP103893 Parish of 27
Calliope, County of Clinton being a plan for registration in the Office 28
of Registrar of Titles, Department of Natural Resources, Brisbane. 29
34. An area of 1.284 hectares being Lot 18 on plan SP103893 Parish of 30
Calliope, County of Clinton being a plan for registration in the Office 31
of Registrar of Titles, Department of Natural Resources, Brisbane.5 32
5 A copy of each plan mentioned in the schedule is available for inspection at the
office of the Department of Main Roads, 477 Boundary Street, Spring Hill.
s6 14 s6
Transport Legislation Amendment (No. 2)
`SCHEDULE 2 1
AND FOR ROAD PURPOSES 2
`L
section 3 3
PART 1--LAND ALIENATED FROM THE STATE 4
1. An area of 3676 square metres shown as New Road on plan 5
SP103897 Parish of Targinie, County of Deas Thompson being a plan 6
for registration in the Office of Registrar of Titles, Department of 7
Natural Resources, Brisbane. 8
2. An area of 1008 square metres shown as New Road on plan 9
SP101566 Parish of Mount Larcom, County of Clinton being a plan 10
for registration in the Office of Registrar of Titles, Department of 11
Natural Resources, Brisbane. 12
3. An area of 3.162 hectares shown as New Road on plan SP101567 13
Parish of Mount Larcom, County of Clinton and Parish of Nolan, 14
County of Deas Thompson being a plan for registration in the Office 15
of Registrar of Titles, Department of Natural Resources, Brisbane. 16
4. An area of 1250 square metres shown as New Road on plan 17
SP101570 Parish of Nolan, County of Deas Thompson being a plan 18
for registration in the Office of Registrar of Titles, Department of 19
Natural Resources, Brisbane. 20
PART 2--RESERVED LAND 21
5. An area of 629 square metres shown as New Road on plan SP103894 22
Parish of Calliope, County of Clinton being a plan for registration in 23
the Office of Registrar of Titles, Department of Natural Resources, 24
Brisbane. 25
s6 15 s6
Transport Legislation Amendment (No. 2)
PART 3--STATE LAND 1
6. An area of 5316 square metres shown as Road to be Opened on plan 2
SP103893 Parish of Calliope, County of Clinton being a plan for 3
registration in the Office of Registrar of Titles, Department of Natural 4
Resources, Brisbane. 5
7. An area of 1524 square metres shown as Road to be Opened on plan 6
SP103893 Parish of Calliope, County of Clinton being a plan for 7
registration in the Office of Registrar of Titles, Department of Natural 8
Resources, Brisbane. 9
8. An area of 1177 square metres shown as Road to be Opened on plan 10
SP103893 Parish of Calliope, County of Clinton being a plan for 11
registration in the Office of Registrar of Titles, Department of Natural 12
Resources, Brisbane. 13
9. An area of 959 square metres shown as Road to be Opened on plan 14
SP103893 Parish of Calliope, County of Clinton being a plan for 15
registration in the Office of Registrar of Titles, Department of Natural 16
Resources, Brisbane. 17
10. An area of 1965 square metres shown as Road to be Opened on plan 18
SP103896 Parish of Calliope, County of Clinton being a plan for 19
registration in the Office of Registrar of Titles, Department of Natural 20
Resources, Brisbane. 21
11. An area of 6994 square metres shown as Road to be Opened on plan 22
SP103898 Parish of Targinie, County of Deas Thompson being a plan 23
for registration in the Office of Registrar of Titles, Department of 24
Natural Resources, Brisbane. 25
12. An area of 2433 square metres shown as Road to be Opened on plan 26
SP103893 Parish of Calliope, County of Clinton being a plan for 27
registration in the Office of Registrar of Titles, Department of Natural 28
Resources, Brisbane. 29
s7 16 s7
Transport Legislation Amendment (No. 2)
13. An area of 1.964 hectares shown as New Road on plan SP101558 1
Parish of Mount Larcom, County of Clinton being a plan for 2
registration in the Office of Registrar of Titles, Department of Natural 3
Resources, Brisbane.6'. 4
of sch 4 (Roads partially closed) 5
Replacement
Clause 7. Schedule 4-- 6
omit, insert-- 7
`SCHEDULE 4 8
OADS PARTIALLY CLOSED 9
`R
section 5 10
1. An area of road of 6680 square metres being Lot 3 on plan SP103893 11
Parish of Calliope, County of Clinton being a plan for registration in 12
the Office of Registrar of Titles, Department of Natural Resources, 13
Brisbane. 14
2. An area of road of 1795 square metres being Lot 4 on plan SP103893 15
Parish of Calliope, County of Clinton being a plan for registration in 16
the Office of Registrar of Titles, Department of Natural Resources, 17
Brisbane. 18
3. An area of road of 4341 square metres being Lot 6 on plan SP103893 19
Parish of Calliope, County of Clinton being a plan for registration in 20
the Office of Registrar of Titles, Department of Natural Resources, 21
Brisbane. 22
4. An area of road of 6624 square metres being Lot 8 on plan SP103893 23
Parish of Calliope, County of Clinton being a plan for registration in 24
the Office of Registrar of Titles, Department of Natural Resources, 25
Brisbane. 26
6 A copy of each plan mentioned in the schedule is available for inspection at the
office of the Department of Main Roads, 477 Boundary Street, Spring Hill.
s7 17 s7
Transport Legislation Amendment (No. 2)
5. An area of road of 6444 square metres being Lot 19 on plan 1
SP103893 Parish of Calliope, County of Clinton being a plan for 2
registration in the Office of Registrar of Titles, Department of Natural 3
Resources, Brisbane. 4
6. An area of road of 2681 square metres being Lot 22 on plan 5
SP103896 Parish of Calliope, County of Clinton being a plan for 6
registration in the Office of Registrar of Titles, Department of Natural 7
Resources, Brisbane. 8
7. An area of road of 1385 square metres being Lot 24 on plan 9
SP103896 Parish of Calliope, County of Clinton being a plan for 10
registration in the Office of Registrar of Titles, Department of Natural 11
Resources, Brisbane. 12
8. An area of road of 952 square metres being Lot 26 on plan SP103896 13
Parish of Calliope, County of Clinton being a plan for registration in 14
the Office of Registrar of Titles, Department of Natural Resources, 15
Brisbane. 16
9. An area of road of 2251 square metres being Lot 29 on plan 17
SP103898 Parish of Targinie, County of Deas Thompson being a plan 18
for registration in the Office of Registrar of Titles, Department of 19
Natural Resources, Brisbane. 20
10. An area of road of 2809 square metres being Lot 31 on plan 21
SP103898 Parish of Targinie, County of Deas Thompson being a plan 22
for registration in the Office of Registrar of Titles, Department of 23
Natural Resources, Brisbane. 24
11. An area of road of 5134 square metres being Lot 33 on plan 25
SP103898 Parish of Targinie, County of Deas Thompson being a plan 26
for registration in the Office of Registrar of Titles, Department of 27
Natural Resources, Brisbane. 28
12. An area of road of 1333 square metres being Lot 34 on plan 29
SP103898 Parish of Targinie, County of Deas Thompson being a plan 30
for registration in the Office of Registrar of Titles, Department of 31
Natural Resources, Brisbane. 32
s7 18 s7
Transport Legislation Amendment (No. 2)
13. An area of road of 3096 square metres being Lot 1 on plan SP101560 1
Parish of Mount Larcom, County of Clinton being a plan for 2
registration in the Office of Registrar of Titles, Department of Natural 3
Resources, Brisbane. 4
14. An area of road of 9698 square metres being Lot 9 on plan SP101559 5
Parish of Mount Larcom, County of Clinton being a plan for 6
registration in the Office of Registrar of Titles, Department of Natural 7
Resources, Brisbane. 8
15. An area of road of 1.786 hectares being Lot 20 on plan SP101569 9
Parish of Mount Larcom, County of Clinton being a plan for 10
registration in the Office of Registrar of Titles, Department of Natural 11
Resources, Brisbane. 12
16. An area of road of 2408 square metres being Lot 25 on plan 13
SP101569 Parish of Mount Larcom, County of Clinton being a plan 14
for registration in the Office of Registrar of Titles, Department of 15
Natural Resources, Brisbane. 16
17. An area of road of 887 square metres being Lot 30 on plan SP101571 17
Parish of Nolan, County of Deas Thompson being a plan for 18
registration in the Office of Registrar of Titles, Department of Natural 19
Resources, Brisbane. 20
18. An area of road of 2200 square metres being Lot 43 on plan 21
SP101571 Parish of Nolan, County of Deas Thompson being a plan 22
for registration in the Office of Registrar of Titles, Department of 23
Natural Resources, Brisbane. 24
19. An area of road of 897 square metres being Lot 44 on plan SP101571 25
Parish of Nolan, County of Deas Thompson being a plan for 26
registration in the Office of Registrar of Titles, Department of Natural 27
Resources, Brisbane. 28
20. An area of road of 826 square metres being Lot 39 on plan SP101571 29
Parish of Nolan, County of Deas Thompson being a plan for 30
registration in the Office of Registrar of Titles, Department of Natural 31
Resources, Brisbane. 32
s7 19 s7
Transport Legislation Amendment (No. 2)
21. A volume of road of 19920 cubic metres being Lot 20 on plan 1
SP103895 Parish of Calliope, County of Clinton being a plan for 2
registration in the Office of Registrar of Titles, Department of Natural 3
Resources, Brisbane. 4
22. A volume of road of 8127 cubic metres being Lot 2 on plan SP101563 5
Parish of Mount Larcom, County of Clinton being a plan for 6
registration in the Office of Registrar of Titles, Department of Natural 7
Resources, Brisbane. 8
23. A volume of road of 7080 cubic metres being Lot 10 on plan 9
SP101564 Parish of Mount Larcom, County of Clinton being a plan 10
for registration in the Office of Registrar of Titles, Department of 11
Natural Resources, Brisbane. 12
24. An area of road of 8883 square metres being Lot 13 on plan 13
SP103893 Parish of Calliope, County of Clinton being a plan for 14
registration in the Office of Registrar of Titles, Department of Natural 15
Resources, Brisbane. 16
25. An area of road of 2886 square metres being Lot 15 on plan 17
SP103893 Parish of Calliope, County of Clinton being a plan for 18
registration in the Office of Registrar of Titles, Department of Natural 19
Resources, Brisbane. 20
26. An area of road of 2223 square metres being Lot 17 on plan 21
SP103893 Parish of Calliope, County of Clinton being a plan for 22
registration in the Office of Registrar of Titles, Department of Natural 23
Resources, Brisbane.7'. 24
7 A copy of each plan mentioned in the schedule is available for inspection at the
office of the Department of Main Roads, 477 Boundary Street, Spring Hill.
s8 20 s9
Transport Legislation Amendment (No. 2)
ART 4--AMENDMENT OF TRANSPORT 1
P
INFRASTRUCTURE ACT 1994 2
amended in pt 4 3
Act
Clause 8. This part amends the Transport Infrastructure Act 1994. 4
of new ch 6, pt 2 5
Insertion
Clause 9. Chapter 6-- 6
insert-- 7
`PART 2--INVESTIGATING POTENTIAL RAIL 8
CORRIDOR 9
of pt 2 10
`Purpose
`76. The purpose of this part is-- 11
(a) to facilitate the development of railway infrastructure by giving a 12
person who is genuinely considering constructing a railway 13
authorisation to enter land to enable the land's potential and 14
suitability as a rail corridor to be investigated; and 15
(b) to safeguard the interests of owners and occupiers of land affected 16
by the entry. 17
for pt 2 18
`Definitions
`77. In this part-- 19
"associated person", of an investigator, means any of the following-- 20
(a) if the investigator is a corporation--the corporation's chief 21
executive, secretary or directors; 22
(b) the investigator's employees or partners who are individuals; 23
(c) a person who is an agent of, or contractor for, the investigator, 24
and engaged in writing for the purposes of the investigator's 25
authority; 26
s9 21 s9
Transport Legislation Amendment (No. 2)
(d) employees of an agent or contractor mentioned in paragraph (c); 1
(e) if a person mentioned in paragraph (c) is a corporation--the 2
corporation's chief executive, secretary, directors or employees. 3
"authority" means a rail feasibility investigator's authority. 4
"investigator" means a person who holds an authority. 5
to apply for a rail feasibility investigator's authority 6
`How
`78.(1) A person may apply to the chief executive for a rail feasibility 7
investigator's authority for an area of land. 8
`(2) The application must be in writing and state the following 9
information-- 10
(a) the area of land; 11
(b) the purpose for which the authority is sought; 12
(c) details of the nature of the activities proposed to be conducted in 13
the area; 14
(d) the period for which the authority is sought. 15
information for application 16
`Additional
`79.(1) The chief executive may-- 17
(a) make inquiries to decide the application; and 18
(b) require the applicant to give the chief executive additional 19
information to decide the application. 20
`(2) The chief executive may reject the application if the applicant fails, 21
without reasonable excuse, to give the additional information within a stated 22
reasonable time of not less than 28 days. 23
authority 24
`Granting
`79A.(1) The chief executive may grant or refuse to grant an authority. 25
s9 22 s9
Transport Legislation Amendment (No. 2)
`(2) The chief executive must grant the authority if the chief executive is 1
satisfied the person is genuinely considering constructing a railway and is 2
acting reasonably and in good faith. 3
`(3) If the chief executive refuses to grant an authority, the chief executive 4
must give the applicant written reasons for the refusal. 5
`(4) In deciding the area for an authority, the chief executive must be 6
satisfied the area is no more extensive than is reasonably necessary. 7
feasibility investigator's authority 8
`Rail
`79B.(1) An authority must be in writing stating the following-- 9
(a) the area to which it applies; 10
(b) the purpose for which it is granted; 11
(c) when it expires; 12
(d) any conditions that may be imposed on the authority. 13
14
Example of conditions--
15
Lodging a bond with the chief executive or taking out insurance.
`(2) An authority authorises the investigator and associated persons-- 16
(a) to enter and re-enter any land within the area to which it applies 17
for the purpose of investigating the land's potential and suitability 18
as a rail corridor; and 19
(b) to the extent reasonably necessary or convenient for that 20
purpose-- 21
(i) to do anything on the land; or 22
(ii) to bring anything onto the land; or 23
(iii) to temporarily leave machinery, equipment or other items on 24
the land. 25
26
Examples of things authorised by the authority--
27
1. To conduct surveys and take soil samples.
28
2. To clear vegetation, or otherwise disturb the land, to the extent reasonably
29
necessary.
s9 23 s9
Transport Legislation Amendment (No. 2)
1
3. To construct temporary access tracks using the land or using materials brought
2
onto the land.
`(3) The grant of an authority is not an indication of a commitment or 3
approval by the State, the chief executive or any other person in relation to 4
any proposal, and in particular, does not commit the State to acquiring any 5
land as a rail corridor. 6
`(4) An investigator or associated person must comply with each 7
condition of the investigator's authority, unless the investigator or 8
associated person has a reasonable excuse. 9
Maximum penalty for subsection (4)--200 penalty units. 10
investigator must do before land is entered for the first time 11
`What
`79C.(1) Before land is entered for the first time under an investigator's 12
authority, the investigator must give a written notice to the land's owner or 13
occupier. 14
`(2) The notice must state-- 15
(a) the chief executive has granted to the investigator a rail feasibility 16
investigator's authority for an area that is part of or includes the 17
land; and 18
(b) the things the investigator and associated persons of the 19
investigator are authorised to do under the authority; and 20
(c) a general outline of the things intended to be done on the land, 21
including the construction of any temporary access track; and 22
(d) the approximate period during which the land is to be entered 23
under the authority; and 24
(e) the grant of the authority is not an indication of a commitment or 25
approval by the State, the chief executive or any other person in 26
relation to any proposal, and in particular, does not commit the 27
State to acquiring any land as a rail corridor. 28
`(3) The investigator or associated person may enter onto land only if-- 29
(a) the owner or occupier of the land gives written consent to the 30
entry; or 31
(b) at least 7 days have passed since the notice was given. 32
s9 24 s9
Transport Legislation Amendment (No. 2)
to issue associated person with identification 1
`Investigator
`79D.(1) Before an investigator allows an associated person to act under 2
the investigator's authority, the investigator must issue the associated 3
person with identification. 4
Maximum penalty--10 penalty units. 5
`(2) The identification must-- 6
(a) state the names of the investigator and the person to whom the 7
identification is issued; and 8
(b) indicate that, for the purposes of this Act, the person is associated 9
with the holder of a rail feasibility investigator's authority; and 10
(c) state the capacity in which the associated person is an associated 11
person; and 12
(d) be signed by or for the investigator; and 13
(e) be signed by the associated person; and 14
(f) state an expiry date. 15
`(3) A person who stops being an associated person of an investigator 16
must return the person's identification issued under subsection (1) to the 17
investigator as soon as practicable, but within 21 days, after the person 18
stops being an associated person, unless the person has a reasonable excuse. 19
Maximum penalty--10 penalty units. 20
`(4) Subsections (5) and (6) apply if a person who claims to be or 21
appears to be the owner or occupier of land within the area for an authority 22
asks an individual who has entered, is entering or is about to enter land 23
under an authority-- 24
(a) for identification; or 25
(b) about the person's authority to enter the land. 26
`(5) If the request is made of an investigator, the investigator must 27
immediately state the investigator's name and show the person a copy of 28
the investigator's authority. 29
Maximum penalty--10 penalty units. 30
s9 25 s9
Transport Legislation Amendment (No. 2)
`(6) If the request is made of an associated person of an investigator, the 1
associated person must immediately state his or her name and show the 2
other person the identification issued to the associated person under 3
subsection (1). 4
Maximum penalty for subsection (6)--10 penalty units. 5
to be an investigator etc. 6
`Pretending
`79E. A person must not pretend-- 7
(a) to be an investigator; or 8
(b) to be an associated person of an investigator. 9
Maximum penalty--80 penalty units. 10
to take care in acting under authority 11
`Investigator
`79F. An investigator-- 12
(a) must take as much care as is practicable to minimise damage to 13
the land or inconvenience to the land's owner or occupier; and 14
(b) may do anything necessary or desirable to minimise the damage 15
or inconvenience; and 16
(c) is liable to compensate the land's owner or occupier for any loss 17
or damage suffered by the owner or occupier arising out of the 18
entry onto the land, any use made of the land, anything brought 19
onto the land or anything done or left on the land in connection 20
with the investigator's authority. 21
payable by investigator 22
`Compensation
`79G.(1) An owner or occupier of land may, by written notice given to 23
an investigator-- 24
(a) claim compensation from the investigator for loss or damage 25
arising out of an entry onto the land, any use made of the land, 26
anything brought onto the land or anything done or left on the 27
land in connection with the investigator's authority; or 28
s 10 26 s 10
Transport Legislation Amendment (No. 2)
(b) require the investigator to carry out works to rectify the damage 1
within a reasonable time after the investigator has finished 2
investigating the land under the authority; or 3
(c) require the investigator to carry out works under paragraph (b) 4
and then claim compensation for any loss or damage not rectified. 5
`(2) A claim may be made-- 6
(a) whether or not the act or omission giving rise to the claim was 7
authorised under the authority; and 8
(b) whether or not the investigator prohibited, or took steps to 9
prevent, the loss or damage; and 10
(c) even though the loss or damage was caused or contributed to by 11
an associated person. 12
`(3) The notice must be given-- 13
(a) within 1 year after the loss or damage happened; or 14
(b) at a later time allowed by a court. 15
`(4) The amount of compensation is-- 16
(a) the amount agreed between the parties; or 17
(b) if the parties can not agree within a reasonable time--the amount 18
decided by a court with jurisdiction for the amount of 19
compensation claimed.'. 20
of new ch 6, pt 5, div 1 hdg and new s 93A 21
Insertion
Clause 10. Before section 94-- 22
omit, insert-- 23
1--Railway works 24
`Division
of div 1 25
`Application
`93A. This division applies only to railway works.'. 26
s 11 27 s 13
Transport Legislation Amendment (No. 2)
of new ch 6, pt 5, div 2 hdg 1
Insertion
Clause 11. After section 98-- 2
insert-- 3
`Division 2--Other powers'. 4
of new ch 8, pt 1 hdg 5
Insertion
Clause 12. After chapter 8 heading-- 6
insert-- 7
`PART 1--PRELIMINARY'. 8
of s 181 (Definitions) 9
Amendment
Clause 13.(1) Section 181, heading-- 10
omit, insert-- 11
`Definitions for ch 8'. 12
(2) Section 181, definitions "licence" and "licensee"-- 13
omit. 14
(3) Section 181-- 15
insert-- 16
` "approval" means an approval granted under section 182B. 17
"approval conditions" see section 182E(1). 18
"dispute notice" see section 182G(1). 19
"intersecting area" means an area (other than an area of land that is 20
required land) or a thing that-- 21
(a) intersects required land; and 22
(b) is owned, administered, controlled, or managed by a GOC or a 23
local government. 24
25
Examples--
26
· an area of water
s 14 28 s 14
Transport Legislation Amendment (No. 2)
1
· land covered by water
2
· miscellaneous transport infrastructure works
3
· a port
4
· rail corridor land
5
· a road.
"licensee" means the holder of an operational licence. 6
"operational licence" means a licence in force granted-- 7
(a) under section 182; or 8
(b) under another Act, for infrastructure that is miscellaneous 9
transport infrastructure. 10
"responsible entity", for an intersecting area, means an entity responsible 11
for administering, controlling, or managing the area under any Act.'. 12
(4) Section 181, definition "miscellaneous transport infrastructure 13
works"-- 14
relocate to schedule 3. 15
of new s 181A 16
Insertion
Clause 14. After section 181-- 17
insert-- 18
of "miscellaneous transport infrastructure" 19
`Meaning
`181A.(1) "Miscellaneous transport infrastructure" means-- 20
(a) infrastructure relating to the transportation, movement, 21
transmission or flow of anything, including, for example, goods, 22
material, substances, matter, particles with or without charge, 23
light, energy, information and anything generated or produced; or 24
(b) anything declared under a regulation to be miscellaneous transport 25
infrastructure, whether or not it is infrastructure under 26
paragraph (a). 27
`(2) However, road transport infrastructure, rail transport infrastructure 28
and port infrastructure are not miscellaneous transport infrastructure.'. 29
s 15 29 s 18
Transport Legislation Amendment (No. 2)
of new ch 8, pt 2 hdg and pt 2, div 1 1
Insertion
Clause 15. After section 181A-- 2
insert-- 3
ART 2--OPERATIONAL LICENCES AND 4
`P
APPROVALS FOR LICENSEES 5
`Division 1--Definitions 6
for pt 2 7
`Definition
`181B. In this part, other than division 2-- 8
"Minister" means the Minister administering the State Development and 9
Public Works Organization Act 1971.'. 10
of new ch 8, pt 2, div 2 hdg 11
Insertion
Clause 16. After section 181B-- 12
insert-- 13
`Division 2--Granting operational licences'. 14
of s 182 (Licence for miscellaneous transport 15
Amendment
infrastructure) 16
Clause 17. Section 182, heading-- 17
omit, insert-- 18
`Minister may grant operational licence'. 19
of new ch 8, pt 2, divs 3-6 and ch 8, pt 3 hdg 20
Insertion
Clause 18. After section 182-- 21
insert-- 22
s 18 30 s 18
Transport Legislation Amendment (No. 2)
3--Approvals for licensees for intersecting areas 1
`Division
and scope of div 3 2
`Purpose
`182A.(1) The purpose of this division is to provide a mechanism for a 3
licensee to obtain an approval from a responsible entity for an intersecting 4
area. 5
`(2) However, this division does not apply to an approval if the approval 6
is required under another Act. 7
`(3) This division applies only for ensuring miscellaneous transport 8
infrastructure can be constructed, maintained, used or operated across, over 9
or under the area. 10
11
`Approvals
`182B.(1) A licensee may apply for an approval by a responsible entity 12
to construct, maintain, use or operate miscellaneous transport infrastructure 13
stated in the licensee's operational licence across, over or under an 14
intersecting area. 15
`(2) The application must-- 16
(a) be written; and 17
(b) identify the area and the miscellaneous transport infrastructure; 18
and 19
(c) state any other thing prescribed under a regulation. 20
`(3) The entity may grant or refuse the approval. 21
`(4) If the approval is granted, the licensee may, subject to any approval 22
conditions, construct, maintain, use or operate the miscellaneous transport 23
infrastructure identified in the application across, over or under the area. 24
to grant approval 25
`Refusal
`182C. If an application has been made to a responsible entity and the 26
entity refuses the application, it must give the applicant written notice within 27
14 days after refusing the application stating-- 28
(a) the decision; and 29
s 18 31 s 18
Transport Legislation Amendment (No. 2)
(b) the reasons for the decision; and 1
(c) that the applicant may apply in writing to the Minister for the 2
approval. 3
may apply to Minister if approval not granted 4
`Licensee
`182D.(1) This section applies if-- 5
(a) an application has been made to a responsible entity for an 6
approval; and 7
(b) the entity refuses the application or does not grant the application 8
within 20 business days after it is made. 9
`(2) The applicant may apply in writing to the Minister for the approval. 10
`(3) The Minister may grant or refuse the approval. 11
`(4) The Minister must give the applicant and the entity notice of the 12
granting or refusal. 13
`(5) If the Minister grants the approval, it is taken to have been granted 14
by the entity. 15
`(6) If the Minister decides to grant or refuse the approval, the Minister 16
must prepare a statement of the reasons for the decision for this section. 17
`(7) The statement of reasons must be tabled in the Legislative Assembly 18
within 14 sitting days after the day of the decision. 19
`(8) In preparing the statement of reasons, the Minister must not include 20
matter that is exempt matter. 21
`(9) A failure to comply with subsections (6) to (8) is of no effect. 22
`(10) The Judicial Review Act 1991, parts 3 and 4,8 do not apply to any 23
decision the Minister makes or fails to make for this section. 24
8 Judicial Review Act 1991, parts 3 (Statutory orders of review) and 4 (Reasons for
decision)
s 18 32 s 18
Transport Legislation Amendment (No. 2)
`(11) In this section-- 1
"exempt matter" means matter defined as exempt matter under the 2
Freedom of Information Act 1992, part 3, division 2.9 3
`Division 4--Conditions for approvals 4
conditions 5
`Approval
`182E.(1) If a responsible entity or the Minister grants an approval, the 6
entity may impose reasonable conditions for the approval ("approval 7
conditions"). 8
`(2) However, a condition may only be imposed within 20 business days 9
of-- 10
(a) if the approval was granted by the entity--the making of the 11
application to the entity; or 12
(b) if the approval was granted by the Minister--the giving of notice 13
of the approval by the Minister to the entity. 14
`(3) An approval condition may, for example, provide for the 15
following-- 16
(a) reinstating land disturbed by construction; 17
(b) installing signs, markings or warning devices about or for the 18
miscellaneous transport infrastructure for which the approval was 19
granted on the intersecting area; 20
(c) surveying or siting the infrastructure on the area; 21
(d) adding to, altering or replacing the infrastructure, at the applicant's 22
cost-- 23
(i) to ensure the safe operation or use of other infrastructure or 24
works on the area; or 25
9 Freedom of Information Act 1992, Part 3 (Access to documents), division 2
(Exempt matter)
s 18 33 s 18
Transport Legislation Amendment (No. 2)
(ii) to preserve, promote or protect the environmental condition 1
of the area; 2
(e) how the approval may be amended, suspended or cancelled. 3
of approval conditions 4
`Notice
`182F. If a responsible entity imposes approval conditions, it must give 5
the applicant for the approval written notice within 14 days after imposing 6
the conditions stating-- 7
(a) the conditions; and 8
(b) that the applicant may appeal against the conditions to an 9
arbitrator; and 10
(c) that an appeal may be started by giving the entity a written notice 11
of dispute within 20 business days after receiving the notice of the 12
conditions. 13
5--Arbitration of approval conditions 14
`Division
of dispute 15
`Notice
`182G.(1) If a responsible entity imposes approval conditions, the 16
applicant for the approval may, by written notice to the entity (a "dispute 17
notice"), dispute the reasonableness of the conditions. 18
`(2) However, if notice of the conditions has been given to the applicant 19
under section 182F, a dispute notice may only be given within 20 business 20
days after the giving of the notice of the conditions. 21
of arbitrator 22
`Appointment
`182H.(1) Within 10 business days after the giving of a dispute notice, 23
the responsible entity and the applicant for approval must join in appointing 24
an independent arbitrator to resolve the dispute. 25
`(2) If the entity and the applicant do not appoint an arbitrator within the 26
10 business days, the following persons may, on the application of the 27
applicant or entity, appoint the arbitrator-- 28
s 18 34 s 18
Transport Legislation Amendment (No. 2)
(a) if the entity is a local government--the Minister and the Minister 1
administering the Integrated Planning Act 1997, acting jointly; 2
(b) if the entity is not a local government--the Minister. 3
`(3) However, each Minister may nominate another person to exercise 4
the power under subsection (2). 5
functions 6
`Arbitrator's
`182I. The arbitrator must-- 7
(a) resolve the dispute by deciding what are reasonable conditions for 8
the approval; and 9
(b) give the entity and the applicant notice of, and reasons for, the 10
decision. 11
powers 12
`Arbitrator's
`182J.(1) In resolving the dispute, the arbitrator may-- 13
(a) confirm the approval conditions imposed by the responsible 14
entity; or 15
(b) amend the conditions; or 16
(c) set aside the conditions and substitute other conditions. 17
`(2) The arbitrator may exercise the powers of an arbitrator under the 18
Commercial Arbitration Act 1990. 19
procedures 20
`Hearing
`182K.(1) An arbitration must be by way of rehearing, unaffected by the 21
responsible entity's decision on the approval conditions. 22
`(2) Unless this division or a regulation made under schedule 1 otherwise 23
provides, the practice and procedure for an arbitration follow the practice 24
and procedure for an arbitration under the Commercial Arbitration Act 25
1990. 26
s 18 35 s 18
Transport Legislation Amendment (No. 2)
of arbitrator's decisions 1
`Effect
`182L.(1) An arbitrator's decision under this division is final. 2
`(2) The entity and the applicant may not apply for review of, or appeal 3
against, the decision. 4
`(3) The approval conditions decided by the arbitrator are, other than for 5
section 182F10 and this division, taken to be the approval conditions 6
imposed by the responsible entity. 7
`Division 6--Miscellaneous 8
transport infrastructure remains property of licensee 9
`Miscellaneous
`182M.(1) This section applies if-- 10
(a) a licensee constructs, maintains, uses or operates miscellaneous 11
transport infrastructure across, over or under an intersecting area; 12
and 13
(b) the licensee has obtained an approval from each responsible entity 14
for the area. 15
`(2) Subject to a condition of the licensee's operational licence or an 16
agreement between the licensee and the State, the infrastructure remains the 17
licensee's property despite-- 18
(a) the attaching of the infrastructure to the area; or 19
(b) an approval condition. 20
`(3) However, an approval condition may provide for-- 21
(a) if the State agrees--the disposal of the infrastructure to the State 22
on reasonable terms if the licensee no longer holds an operational 23
licence for the infrastructure; or 24
(b) if the State and licensee agree--someone else to own or acquire 25
the infrastructure. 26
10 Section 182F (Notice of approval conditions)
s 19 36 s 20
Transport Legislation Amendment (No. 2)
to responsible entity from licensee 1
`Compensation
`182N.(1) This section applies if-- 2
(a) a licensee constructs, maintains, uses or operates miscellaneous 3
transport infrastructure across, over or under an intersecting area; 4
and 5
(b) a responsible entity for the area incurs a cost, damage, liability or 6
loss because of the existence, construction, maintenance, use or 7
operation of the infrastructure. 8
`(2) The licensee must pay the entity the amount of the cost, damage, 9
loss or liability. 10
`(3) The entity may claim the amount in a proceeding in a court with 11
jurisdiction for the amount claimed. 12
`PART 3--AUTHORITIES TO OCCUPY AND USE 13
LAND'. 14
of new ch 8, pt 4 hdg 15
Insertion
Clause 19. After section 185-- 16
insert-- 17
`PART 4--POWERS OF CHIEF EXECUTIVE OVER 18
REQUIRED LAND'. 19
of s 186 (Chief executive may grant interests in land) 20
Amendment
Clause 20. Section 186(1)-- 21
insert-- 22
`Example of an interest in land under subsection (1)-- 23
24
A licence or right to use or occupy required land.'.
s 21 37 s 23
Transport Legislation Amendment (No. 2)
of new ch 8, pt 5 hdg 1
Insertion
Clause 21. After section 186-- 2
insert-- 3
`PART 5--MISCELLANEOUS'. 4
of new s 190A 5
Insertion
Clause 22. After section 190-- 6
insert-- 7
of forms 8
`Approval
`190A. The chief executive may approve forms for use under this Act.'. 9
of new ch 10, pt 4, div 4 10
Insertion
Clause 23. Chapter 10, part 4-- 11
insert-- 12
`Division 4--Transition of forms 13
provision about forms 14
`Transitional
`260.(1) This section applies if-- 15
(a) immediately before its commencement, there was a prescribed 16
form for a matter; and 17
(b) on the commencement, there is to be an approved form for the 18
matter or a form may be approved for the matter. 19
`(2) Until there is an approved form for the matter, the form that was the 20
prescribed form for the matter immediately before the commencement is 21
taken to be the approved form for the matter. 22
`(3) This division expires 6 months after it commences.'. 23
s 24 38 s 25
Transport Legislation Amendment (No. 2)
of sch 1 (Subject matter for regulations) 1
Amendment
Clause 24. Schedule 1-- 2
insert-- 3
`17. The granting of approvals to licensees under chapter 8. 4
18. Conditions of approvals to licensees under chapter 8.'. 5
of sch 3 (Dictionary) 6
Amendment
Clause 25.(1) Schedule 3, definition "miscellaneous transport infrastructure" 7
and "railway works"-- 8
omit. 9
(2) Schedule 3-- 10
insert-- 11
` "approval", for chapter 8, see section 181. 12
"approval conditions", for chapter 8, see section 181. 13
"associated person", for chapter 6, part 2, see section 77. 14
"authority", for chapter 6, part 2, see section 77. 15
"investigator" means a person who holds an authority. 16
"dispute notice", for chapter 8, see section 181. 17
"intersecting area", for chapter 8, see section 181. 18
"licensee", for chapter 8, see section 181. 19
"miscellaneous transport infrastructure" see section 181A. 20
"operational licence", for chapter 8, see section 181. 21
"railway works" means-- 22
(a) works for constructing, maintaining, altering or operating a 23
railway or rolling stock, or 24
(b) other works declared under a regulation to be railway works. 25
"required land", for chapter 8, see section 181. 26
"responsible entity", for chapter 8, see section 181.'. 27
s 26 39 s 27
Transport Legislation Amendment (No. 2)
(3) Schedule 3, definition "land", paragraph (c), `chapter 6, part 7'-- 1
omit, insert-- 2
`chapter 6, part 7 and for chapter 811'. 3
(4) Schedule 3, definition "maintenance", `chapters 5 and 6,'-- 4
omit, insert-- 5
`chapters 5, 6 and 8,12'. 6
ART 5--AMENDMENT OF TRANSPORT 7
P
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 8
amended in pt 5 9
Act
Clause 26. This part amends the Transport Operations (Passenger Transport) 10
Act 1994. 11
of sch 3 (Dictionary) 12
Amendment
Clause 27.(1) Schedule 3, definition "excluded public passenger service", 13
paragraph (a)-- 14
omit. 15
(2) Schedule 3, definition "excluded public passenger service", 16
paragraphs (b) to (g)-- 17
renumber as paragraphs (a) to (f). 18
(3) Schedule 3-- 19
insert-- 20
` "demand responsive service" includes a service that is-- 21
11 Chapter 6 (Rail transport infrastructure), part 7 (Land for railway purposes) and
chapter 8 (Miscellaneous transport infrastructure)
12 Chapters 5 (Road transport infrastructure), 6 (Rail transport infrastructure) and
8 (Miscellaneous transport infrastructure)
s 28 40 s 29
Transport Legislation Amendment (No. 2)
(a) held out as being able to respond to requests for service 1
immediately or within a period of time appropriate to a taxi or 2
within a similar period; or 3
(b) held out as being a service providing taxis or a service similar to a 4
service providing taxis; or 5
(c) conducted in a way that may reasonably be expected to give 6
prospective customers or the public the impression that the 7
service is, or operates in a way similar to, a service providing 8
taxis.'. 9
(4) Schedule 3, definition "taxi"-- 10
omit, insert-- 11
` "taxi", other than in the definition "demand responsive service", means a 12
motor vehicle for which a taxi service licence is in force.'. 13
(5) Schedule 3, definition "service contract area or route", 14
`(Declaration that service contracts are required)'-- 15
omit, insert-- 16
`or 6613'. 17
PART 6--AMENDMENT OF INTEGRATED 18
PLANNING ACT 1997 19
amended in pt 6 20
Act
Clause 28. This part amends the Integrated Planning Act 1997. 21
of sch 8 (Assessable, self-assessable and exempt 22
Amendment
development) 23
Clause 29. Schedule 8, part 3-- 24
13 Section 42 (Declaration that service contracts are required) or 66 (Regulation
may declare that service contracts are required)
s 30 41 s 31
Transport Legislation Amendment (No. 2)
insert-- 1
`21A. Operational work carried out under a rail feasibility investigator's 2
authority granted under the Transport Infrastructure Act 1994.'. 3
PART 7--AMENDMENT OF JUDICIAL REVIEW ACT 4
1991 5
amended in pt 7 6
Act
Clause 30. This part amends the Judicial Review Act 1991. 7
of sch 1 (Operation of other laws) 8
Amendment
Clause 31. Schedule 1, part 1-- 9
insert-- 10
`9. Transport Infrastructure Act 1994, section 182D.14'. 11
© State of Queensland 1998
14 Transport Infrastructure Act 1994, section 182D (Licensee may apply to Minister
if approval not granted)
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