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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT PLANNING
AND COORDINATION
AMENDMENT BILL 1995
Queensland
TRANSPORT PLANNING AND
COORDINATION AMENDMENT BILL
1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF TRANSPORT PLANNING AND
COORDINATION ACT 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 7 (Transport coordination plan to be consistent
with overall strategic planning for Government etc.) . . . . . . . . . . . . . . . . . . 5
6 Insertion of new pt 2A-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 2A--THE SOUTH-EAST QUEENSLAND TRANSIT
AUTHORITY
8AA Object of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8AB The South-East Queensland Transit Authority . . . . . . . . . . . . . . . . . . 6
8AC Control of SEQTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8AD Functions of SEQTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8AE SEQTA's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8AF Staff of SEQTA ..................................... 8
8AG Development of integrated regional transport plan . . . . . . . . . . . . . . 8
8AH SEQTA board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8AI SEQTA board's composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8AJ Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8AK SEQTA board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Transport Planning and Coordination
Amendment
8AL Effect of SEQTA board's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8AM Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8AN Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 25 (Delegation by Minister or chief executive) . . . . . . . . 11
8 Insertion of new s 27 (Numbering and renumbering of Act) . . . . . . . . . . . . 11
27 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 6 (Contents of transport infrastructure strategies) . . . . . . 12
11 Amendment of s 225 (Existing regulations) . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 4--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 6 (Contents of passenger transport strategies) . . . . . . . . . 13
PART 5--AMENDMENT OF TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT) ACT 1995
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 8 (Contents of strategies) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 15
ADDITIONAL AMENDMENTS OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
1995
A BILL
FOR
An Act to amend the Transport Planning and Coordination Act 1994,
and for related purposes
s1 4 s4
Transport Planning and Coordination
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Transport Planning and Coordination 4
Amendment Act 1995. 5
6
Commencement
Clause 2. This Act commences on a day fixed by proclamation. 7
ART 2--AMENDMENT OF TRANSPORT 8
P
PLANNING AND COORDINATION ACT 1994 9
amended in pt 2 10
Act
Clause 3. This part amends the Transport Planning and Coordination Act 1994. 11
of s 4 (Definitions) 12
Amendment
Clause 4. Section 4-- 13
insert-- 14
` "SEQTA" see section 8AB. 15
"SEQTA area" means the area declared under a regulation to be in the 16
SEQTA area.'. 17
s5 5 s6
Transport Planning and Coordination
Amendment
of s 7 (Transport coordination plan to be consistent with 1
Amendment
overall strategic planning for Government etc.) 2
Clause 5. After section 7(a)-- 3
insert-- 4
`(aa) for the SEQTA area--not be inconsistent with any integrated 5
regional transport plan for the area; and'. 6
of new pt 2A-- 7
Insertion
Clause 6. After part 2-- 8
insert-- 9
`PART 2A--THE SOUTH-EAST QUEENSLAND 10
TRANSIT AUTHORITY 11
of part 12
`Object
`8AA.(1) The object of this part is to establish a framework for the 13
strategic planning and operation of an integrated transport system in 14
south-east Queensland that ensures that the provision of the transport 15
system is integrated with the objectives of land use planning. 16
`(2) The object of this part includes increasing public passenger transport 17
use in a way that takes account of social, economic and environmental 18
influences of transport. 19
`(3) The way the object of this part takes account of social, economic and 20
environmental influences of transport includes-- 21
(a) ensuring, as far as is practicable, measures taken to achieve the 22
object have minimal adverse effects on the environment; and 23
(b) ensuring transport infrastructure is provided in a coordinated and 24
efficient way; and 25
(c) ensuring public passenger transport becomes a more desirable 26
and effective travel alternative to private motor vehicles; and 27
(d) ensuring road capacity is used efficiently by-- 28
s6 6 s6
Transport Planning and Coordination
Amendment
(i) investing in public transport; and 1
(ii) developing travel demand management initiatives; and 2
(e) providing-- 3
(i) affordable public passenger transport services and ensuring 4
better access to the services; and 5
(ii) a more flexible approach to the development and integration 6
of public passenger transport systems; and 7
(f) promoting urban development that maximises the use of public 8
passenger transport; and 9
(g) developing opportunities for people to walk or cycle. 10
`(4) It is Parliament's intention that the objects of this part be achieved in 11
a way that reflects a cooperative relationship between units of the public 12
sector and GOCs involved in the provision of transport infrastructure and 13
operations. 14
South-East Queensland Transit Authority 15
`The
`8AB.(1) An office called the South-East Queensland Transit Authority 16
("SEQTA") is established. 17
`(2) SEQTA consists of the chief executive of SEQTA and the staff of 18
SEQTA. 19
of SEQTA 20
`Control
`8AC.(1) Subject to the Minister, the SEQTA chief executive is to 21
control SEQTA. 22
`(2) Subsection (1) does not prevent the attachment of SEQTA to the 23
department for ensuring that SEQTA is supplied with the administrative 24
support services it requires to carry out its functions effectively and 25
efficiently. 26
s6 7 s6
Transport Planning and Coordination
Amendment
unctions of SEQTA 1
`F
`8AD.(1) The principal function of SEQTA is to-- 2
(a) coordinate the strategic planning and operation of an integrated 3
transport system in south-east Queensland; and 4
(b) manage the allocation of funds to achieve this outcome. 5
`(2) Without limiting subsection (1), SEQTA is to achieve its function 6
by-- 7
(a) ensuring more effective integration of land use and transport 8
planning by-- 9
(i) evaluating the effectiveness of proposed and existing 10
transport systems in the SEQTA area; and 11
(ii) developing and implementing integrated regional transport 12
plans that complement the objectives of regional and land 13
use plans in south-east Queensland; and 14
(iii) allocating transport funds to transport needs that provide the 15
highest possible overall community benefit, taking into 16
account social, environmental and economic considerations; 17
and 18
(b) ensuring the effective planning and development of transport 19
infrastructure; and 20
(c) setting standards for provision and operation of transport 21
infrastructure and ensuring that they are observed; and 22
(d) coordinating the delivery of integrated public passenger transport 23
services; and 24
(e) developing and implementing travel demand management 25
initiatives, including marketing and promotion initiatives, to more 26
efficiently use road capacity. 27
`(3) In performing its functions, SEQTA must-- 28
(a) adopt a consultative role in the development of an integrated 29
transport system for south-east Queensland; and 30
s6 8 s6
Transport Planning and Coordination
Amendment
(b) ensure, as far as practicable, that this part is administered in 1
consultation with, and having regard to the views and interests of 2
interested groups and persons and the community generally. 3
EQTA's powers 4
`S
`8AE.(1) Subject to the Minister, the SEQTA chief executive has the 5
functions and powers of the chief executive under a transport Act. 6
`(2) However, the SEQTA chief executive has those powers only for 7
achieving SEQTA's functions in the SEQTA area. 8
taff of SEQTA 9
`S
`8AF.(1) The staff of SEQTA (including the chief executive) are to be 10
appointed under the Public Service Management and Employment Act 11
1988. 12
`(2) The SEQTA chief executive has all the functions and powers of the 13
chief executive of a department, so far as the functions relate to the 14
organisational unit comprising the staff of SEQTA, as if-- 15
(a) the unit were a department within the meaning of the Public 16
Service Management and Employment Act 1988; and 17
(b) the SEQTA chief executive were the chief executive of the 18
department. 19
`(3) To remove any doubt, the SEQTA chief executive is not the 20
accountable officer under the Financial Administration and Audit Act 1977. 21
of integrated regional transport plan 22
`Development
`8AG.(1) The SEQTA chief executive must from time to time develop 23
for the Minister's approval an integrated regional transport plan for the 24
SEQTA area. 25
`(2) Part 2 applies to an integrated regional transport plan as if it were a 26
transport coordination plan for the SEQTA area and the reference in part 2 27
to the chief executive were a reference to the SEQTA chief executive. 28
s6 9 s6
Transport Planning and Coordination
Amendment
`(3) If a proposed integrated regional transport plan is inconsistent with a 1
transport coordination plan, the inconsistency must be resolved before the 2
Minister approves the proposed integrated regional transport plan. 3
EQTA board 4
`S
`8AH. There is a SEQTA board. 5
board's composition 6
`SEQTA
`8AI.(1) The SEQTA board consists of the SEQTA chief executive and 7
not more than 6 other members. 8
`(2) The Minister is to appoint the members of the board. 9
`(3) The Minister is to appoint 1 of the members as the chairperson of 10
the board. 11
`(4) The Minister must ensure, as far as practicable, the board's 12
membership provides balanced representation of government and 13
community interests appropriate to achieving SEQTA's functions. 14
of appointment 15
`Duration
`8AJ.(1) A SEQTA board member must be appointed for a term of not 16
longer than 2 years. 17
`(2) The office of a SEQTA board member becomes vacant if the 18
member-- 19
(a) resigns by signed notice of resignation given to the Minister; or 20
(b) is absent from 3 consecutive meetings of the board without the 21
board's leave and without reasonable excuse; or 22
(c) is convicted of an indictable offence; or 23
(d) becomes-- 24
(i) a contractor for SEQTA; or 25
(ii) an employee of a contractor for SEQTA; or 26
s6 10 s6
Transport Planning and Coordination
Amendment
(iii) a member of SEQTA's staff (other than the SEQTA chief 1
executive); or 2
(e) is removed from office by the Minister under subsection (4). 3
`(3) Subsection (2)(d)(i) and (ii) do not apply if the contractor is the State 4
or a local government. 5
`(4) The Minister may remove a SEQTA board member from office if 6
the member-- 7
(a) engages in misbehaviour; or 8
(b) becomes incapable of performing the duties of a member because 9
of physical or mental incapacity; or 10
(c) is incompetent; or 11
(d) does anything else that, in the Minister's opinion, is a reasonable 12
justification for removal from office; or 13
(e) is convicted of an offence against a transport Act. 14
EQTA board's functions 15
`S
`8AK. A regulation may prescribe the following about the SEQTA 16
board-- 17
(a) the board's functions; 18
(b) meetings, including meetings by telephone, closed circuit 19
television or another form of electronic communication, and 20
meeting procedures. 21
of SEQTA board's decisions 22
`Effect
`8AL. To remove any doubt, a decision of the SEQTA board is advisory 23
only and does not bind the State. 24
and allowances 25
`Fees
`8AM. A member of the SEQTA board may be paid the fees and 26
allowances approved by the Governor in Council. 27
s7 11 s8
Transport Planning and Coordination
Amendment
report 1
`Annual
`8AN.(1) Not later than 4 months after the end of each financial year, the 2
SEQTA chief executive must prepare and give to the Minister a report on 3
SEQTA's operations during the year. 4
`(2) Without limiting subsection (1), the SEQTA chief executive must 5
include in the report-- 6
(a) an outline of SEQTA's goals and objectives; and 7
(b) particulars of SEQTA's principal activities for the year; and 8
(c) an outline of SEQTA's organisational structure and resources; 9
and 10
(d) an assessment of the progress made towards achieving the 11
objects of this part; and 12
(e) a statement of how SEQTA has given effect to any integrated 13
regional transport plan for the SEQTA area. 14
`(3) The Minister must cause a copy of the report to be laid before the 15
Legislative Assembly within 14 days after the Minister receives it. 16
of s 25 (Delegation by Minister or chief executive) 17
Amendment
Clause 7. Section 25(1)-- 18
omit, insert-- 19
`25.(1) The Minister, chief executive, or SEQTA chief executive (the 20
"delegator") may delegate to a person a power of the delegator under this 21
or another Act.'. 22
of new s 27 (Numbering and renumbering of Act) 23
Insertion
Clause 8. After section 26-- 24
insert-- 25
s9 12 s 11
Transport Planning and Coordination
Amendment
and renumbering of Act 1
`Numbering
`27. In the next reprint of this Act produced under the Reprints Act 1992, 2
the provisions of this Act must be numbered and renumbered as permitted 3
by the Reprints Act 1992, section 43. 4
ART 3--AMENDMENT OF TRANSPORT 5
P
INFRASTRUCTURE ACT 1994 6
amended 7
Act
Clause 9. This part amends the Transport Infrastructure Act 1994. 8
of s 6 (Contents of transport infrastructure strategies) 9
Amendment
Clause 10. Section 6-- 10
insert-- 11
`(4) Transport infrastructure strategies for the SEQTA area under the 12
Transport Planning and Coordination Act 1994 must not be inconsistent 13
with, and must give effect to any integrated regional transport plan in force 14
for the area.'. 15
of s 225 (Existing regulations) 16
Amendment
Clause 11. Section 225(3) and (4)-- 17
omit, insert-- 18
`(3) The regulation expires 1 year after the commencement of this section 19
unless earlier repealed. 20
`(4) This section expires 1 year after its commencement.'. 21
s 12 13 s 15
Transport Planning and Coordination
Amendment
ART 4--AMENDMENT OF TRANSPORT 1
P
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 2
amended 3
Act
Clause 12. This part amends the Transport Operations (Passenger Transport) 4
Act 1994. 5
of s 6 (Contents of passenger transport strategies) 6
Amendment
Clause 13. Section 6-- 7
insert-- 8
`(4) Passenger transport strategies for the SEQTA area under the 9
Transport Planning and Coordination Act 1994 must not be inconsistent 10
with, and must give effect to any integrated regional transport plan in force 11
for the area.'. 12
ART 5--AMENDMENT OF TRANSPORT 13
P
OPERATIONS (ROAD USE MANAGEMENT) ACT 14
1995 15
amended 16
Act
Clause 14. This part amends the Transport Operations (Road Use 17
Management) Act 1995. 18
of s 8 (Contents of strategies) 19
Amendment
Clause 15. Section 8-- 20
insert-- 21
s 16 14 s 16
Transport Planning and Coordination
Amendment
`(4) A road use management strategy for the SEQTA area under the 1
Transport Planning and Coordination Act 1994 must not be inconsistent 2
with, and must give effect to any integrated regional transport plan in force 3
for the area.'. 4
of sch 3 (Dictionary) 5
Amendment
Clause 16. Schedule 3, definition "GVM", paragraph (b)-- 6
omit, insert-- 7
`(b) stated in a way prescribed under a regulation.'. 8
15
Transport Planning and Coordination
Amendment
CHEDULE 1
¡S
DDITIONAL AMENDMENTS OF TRANSPORT 2
A
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 3
section 12 4
1. Section 42(2)-- 5
omit, insert-- 6
`(2) The chief executive may, by public notice, declare that a service 7
contract will be required to provide a public passenger service of a specified 8
kind for a specified area or route. 9
`(3) In the notice given under subsection (2) or another public notice, the 10
chief executive must fix the day on and from which the service contract is 11
required.'. 12
2. Section 159(5)(b), after `route'-- 13
insert-- 14
`and the chief executive notifies the operator in writing that this section 15
ceases to apply from a day fixed in the notice--on the fixed day'. 16
3. Section 159(5)(c), after `apply'-- 17
insert-- 18
`from a day fixed in the notice--on the fixed day'. 19
4. Section 160(6)(b), after `route'-- 20
insert-- 21
`and the chief executive notifies the operator in writing that this section 22
ceases to apply from a day fixed in the notice--on the fixed day'. 23
16
Transport Planning and Coordination
Amendment
5. Section 160(6)(c), after `apply'-- 1
insert-- 2
`from a day fixed in the notice--on the fixed day'. 3
6. Section 162(4)(a), after `route'-- 4
insert-- 5
`and the chief executive notifies the operator in writing that this section 6
ceases to apply from a day fixed in the notice--on the fixed day'. 7
7. Section 162(4)(b), after `apply'-- 8
insert-- 9
`from a day fixed in the notice--on the fixed day'. 10
8. Section 168(1), `the end of 1 year after the commencement'-- 11
omit, insert-- 12
`the day fixed under a regulation'. 13
9. Section 168(2)-- 14
omit, insert-- 15
`(2) This section expires 3 years after it commences or, if prescribed 16
under subsection (1), that day.'. 17
10. Section 170(1), `the end of 1 year after the commencement'-- 18
omit, insert-- 19
`the day fixed under a regulation'. 20
11. Section 170(2)-- 21
omit, insert-- 22
17
Transport Planning and Coordination
Amendment
`(2) This section expires 3 years after it commences or, if prescribed 1
under subsection (1), that day.'. 2
12. Section 172(1)(a), `148'-- 3
omit, insert-- 4
`159'. 5
13. Section 172(2)-- 6
omit, insert-- 7
`(2) A person who holds a licence or permit to which section 159 applies 8
to operate public passenger services-- 9
(a) may apply under the Urban Passenger Service Proprietors 10
Assistance Act 1975, section 18 for payment of an interest rate 11
subsidy mentioned in section 17(1)(a) of that Act for the services; 12
or 13
(b) if the person is eligible under the Urban Passenger Service 14
Proprietors Assistance Act 1975, section 17(1)(a) for payment of 15
an interest rate subsidy--may apply under this section for 16
payment of an interest rate subsidy on a financial lease of a bus 17
used to provide the services.'. 18
14. Section 172(6)-- 19
omit, insert-- 20
`(6) The Minister may, under this section, continue to pay to an operator 21
of a public passenger service who holds a licence or permit to which 22
section 159 applies, amounts calculated on the basis of gross fare revenue 23
and amounts payable for revenue foregone for providing concessions to 24
holders of seniors' cards if-- 25
(a) the Minister had, before 7 November 1994, approved the 26
payments under the Urban Passenger Service Proprietors 27
Assistance Act 1975, section 18; and 28
(b) the operator continues to hold the licence or permit.'. 29
18
Transport Planning and Coordination
Amendment
15. Section 172(7), from `during' to `commencement'-- 1
omit, insert-- 2
`while the contract remains in force'. 3
16. After section 172(7)-- 4
insert-- 5
`(7A) Payments under subsections (6) and (7) to an operator of a public 6
passenger service cease on 7 November 1996 if the operator does not enter 7
into a service contract under chapter 6.'. 8
17. Section 172(8), after `State)'-- 9
omit, insert-- 10
`in the year immediately before the operator signs a service contract 11
under chapter 6, are to be reduced to zero over a 5 year period starting from 12
the start of the service contract and in a way decided by the Minister.'. 13
18. After section 172(9)-- 14
insert-- 15
`(9A) During the first year of a service contract entered into by an 16
operator under chapter 6, the Minister is to pay the operator an amount 17
equal to payments received by the operator under subsections (6) and (7) 18
for the year immediately before the operator signed the contract.'. 19
19. Section 172(10) and (11)-- 20
omit. 21
20. Section 172(15)-- 22
omit, insert-- 23
`(15) This section expires 7 years after it commences.'. 24
19
Transport Planning and Coordination
Amendment
21. Section 172(7A) to (16)-- 1
renumber. 2
3
© State of Queensland 1995
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