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1
Transport Planning and Coordination Amendment
TRANSPORT PLANNING AND
COORDINATION AMENDMENT BILL
1995
EXPLANATORY NOTES
PREAMBLE
The Transport Planning and Coordination Amendment Bill 1995 has
been drafted consistent with current legislative drafting practice and in
modern language. As a consequence particular sections, clauses and
subclauses require little or no specific further explanation and in these
Explanatory Notes those sections, clauses and subclauses may be repeated
or summarised in general terms only.
OBJECT OF BILL
During the 1995 State election campaign the Goss Government
announced its intention to establish the South-East Queensland Transit
Authority (SEQTA) if re-elected.
The need for a transit authority has been supported as a formal
recommendation from the SEQ 2001 Regional Framework for Growth
Management planning exercise and of a consultative group associated with
the development of an Integrated Regional Transport Plan (IRTP) for the
region. Working groups involved in these planning processes had wide
representation from the south-east Queensland community, operators and
other major stakeholders in transport.
The establishment of SEQTA is a direct response to transport challenges
and constraints facing south-east Queensland. These include managing the
challenge of rapid population growth, the need for better integration of land
use planning and transport, increasing environmental constraints, and the
need to restructure historical funding arrangements which have restricted the
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Transport Planning and Coordination Amendment
ability to allocate available funds to the greatest transport needs of the
community in an integrated way.
The specific objectives are outlined in Clause 8AA of the Bill.
WHAT WILL THE BILL ACHIEVE
The challenges will be met by having a separate powerful authority that
controls the State Government's budget for road and public transport in
south-east Queensland and which can specifically focus on integrated
transport solutions based on a rigorous assessment of economic, social and
environmental impacts.
The Government considers that a new body, specifically focusing on
transport requirements within the region, can provide the coordination and
impetus required for innovative responses to transport challenges in
south-east Queensland.
In particular, SEQTA will be given the responsibility of managing the
planning and allocation of the State Government's budget for road and
public transport in south-east Queensland, and for ensuring the greatest
feasible increase in public transport usage in south-east Queensland.
ESTIMATED COST FOR GOVERNMENT IMPLEMENTATION
The implementation process for this Bill will be administrative in nature
and so the cost will not be significant.
Budget allocations to achieve SEQTA objectives will be transferred from
existing budget allocations of the Department of Transport. SEQTA's
permanent staff establishment will also be borne from existing staff levels
in the Department of Transport. Hence, costs will be able to be met from
within existing budgetary allocations.
COMPLIANCE WITH FUNDAMENTAL LEGISLATIVE
PRINCIPLES
The provisions of the Bill observe the requirements of section 4 of the
Legislative Standards Act 1992.
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Transport Planning and Coordination Amendment
CONSULTATION
Wide ranging public consultation was undertaken with the community
and stakeholder groups including the release of a public discussion paper
and a public information seminar to canvass the role of SEQTA.
From this consultation process significant support was received for the
establishment of SEQTA including its proposed role, objectives and
functions.
PART 1--PRELIMINARY
Clause 1 states the short title of the Act.
Clause 2 provides that the Act will commence on a day to be fixed by
proclamation.
PART 2--AMENDMENT OF TRANSPORT PLANNING
AND COORDINATION ACT 1994
Clause 3 states that this Part is created to amend the Transport Planning
and Coordination Act 1994.
Clause 4 defines the terms "SEQTA" and "SEQTA area" and provides
for their insertion into section 4 of the Transport Planning and
Coordination Act 1994.
"SEQTA" refers to the South-East Queensland Transit Authority as
defined in the proposed section 8AB.(1).
"SEQTA area" is to be defined by regulation and will include the area
encompassed by the boundaries of the following 18 local governments in
south-east Queensland:
· The cities of Brisbane, Caloundra, Gold Coast, Ipswich, Logan,
Redcliffe and Toowoomba.
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Transport Planning and Coordination Amendment
· The shires of Beaudesert, Boonah, Caboolture, Esk, Gatton,
Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.
Clause 5 provides for section 7 of the Transport Planning and
Coordination Act 1994 to be amended to ensure that a Transport
Coordination Plan is not inconsistent with any integrated regional transport
plan in existence for the SEQTA area.
Clause 6 provides for a Part 2A to be inserted after Part 2 in the
Transport Planning and Coordination Act 1994. This new Part 2A will
establish the SEQTA office including SEQTA's functions.
PART 2A--THE SOUTH-EAST QUEENSLAND
TRANSIT AUTHORITY
Proposed Section 8AA outlines the objectives of the Part.
Proposed Section 8AB establishes an office to be known as the
South-East Queensland Transit Authority (SEQTA) and that SEQTA is to
be comprised of a chief executive and other staff.
Proposed Section 8AC provides that the SEQTA chief executive controls
SEQTA subject to the direction of the Minister.
Further, to ensure corporate resources are not duplicated, SEQTA will be
attached to the Department of Transport for administrative support as
required.
Proposed Section 8AD outlines the functions of SEQTA including the
manner in which SEQTA is to operate.
Proposed Section 8AE provides the SEQTA chief executive with all the
necessary powers under transport legislation to fulfil SEQTA's functions in
south-east Queensland.
Detailed administrative instructions are being prepared to outline the
exact role SEQTA and the Department of Transport will have in south-east
Queensland including the legislative provisions each will administer. These
arrangements will be transparent and ensure clients are clearly aware of each
organisation's responsibilities.
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Transport Planning and Coordination Amendment
The legislative provisions to be administered by the SEQTA chief
executive will include the powers and responsibilities to do the following
things:
· strategic transport planning including planning for the provision
of transport infrastructure and transport operations;
· establishing performance standards to be met by scheduled
passenger services provided under the Transport Operations
(Passenger Transport) Act 1994;
· third-party provision of people-mover systems under the State
Transport (People-movers) Act 1989;
· approval of certain decisions of local governments under s.40 of
the Transport Infrastructure Act 1994 and s.145 of the Transport
Operations (Passenger Transport) Act 1994 which would
adversely affect State-controlled roads or the provision of public
passenger transport; and,
· development and implementation of travel demand initiatives to
reduce public reliance on private motor vehicles.
SEQTA will not be responsible for certain matters including:
· building of transport infrastructure;
· administration of vehicle registration or driver licencing
requirements;
· limousine, tourist bus, or long distance bus services;
· tow trucks;
· driving school accreditation or instructor licensing; and,
· marine safety or marine pollution.
Proposed Section 8AF provides that the chief executive and staff of
SEQTA will be appointed as officers of the public service under the Public
Service Management and Employment Act 1988.
Further, the chief executive is to have all the powers of a chief executive
of a department under the Public Service Management and Employment Act
1988 as if SEQTA were a department defined under that Act. However,
the SEQTA chief executive will not be the accountable officer for the
purposes of the Financial Administration and Audit Act 1977. The chief
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Transport Planning and Coordination Amendment
executive of the Department of Transport will fulfil this role to avoid
duplication of corporate services.
Proposed Section 8AG outlines the SEQTA chief executive's obligation
to develop for the Minister an integrated regional transport plan for
south-east Queensland.
An integrated regional transport plan is to be developed, approved and
tabled in the Legislative Assembly as if it were a Transport Coordination
Plan required to be developed under Part 2 of the Transport Planning and
Coordination Act 1994.
Further, if a proposed integrated regional transport plan is inconsistent
with a Transport Coordination Plan, then the inconsistency must be
resolved before the Minister can approve the proposed integrated regional
transport plan.
Proposed Section 8AH provides for the establishment of a SEQTA
Board.
Proposed Section 8AI outlines the basis by which the Minister can
appoint members to the SEQTA Board.
Proposed Section 8AJ states the period a SEQTA Board member can be
appointed for and the grounds by which a SEQTA Board member can
resign or be removed.
Proposed Section 8AK provides that a regulation can prescribe the
function's of the SEQTA Board and meeting procedures.
The functions of the SEQTA Board will be to provide:
· advice to the Minister on a broad range of transport issues;
· a forum where stakeholder's views can be considered; and,
· reports on the effectiveness of integrated regional transport
planning.
Proposed Section 8AL ensures that a decision of the SEQTA Board is
advisory only and does not legally bind the State.
Proposed Section 8AM provides that fees and allowances can be paid to
SEQTA Board members in accordance with existing Governor in Council
approvals.
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Transport Planning and Coordination Amendment
Proposed Section 8AN requires the SEQTA chief executive to produce
an Annual Report.
Clause 7 amends section 25.(1) of the Transport Planning and
Coordination Act 1994 to make transparent the SEQTA chief executive's
power to delegate.
Clause 8 provides for the renumbering of the Transport Planning and
Coordination Act 1994 to occur at the next reprint in accordance with
section 43 of the Reprints Act 1992.
PART 3--AMENDMENT OF TRANSPORT
INFRASTRUCTURE ACT 1994
Clauses 9 and 10 amend the Transport Infrastructure Act 1994 to
ensure any transport infrastructure strategies developed under section 6 of
the Act which have application to the SEQTA area must not be incosistent
with and must give effect to any integrated regional transport plan in
existence for the SEQTA area.
Clause 11 amends s.225 of the Act which saved the regulations in force
under the Transport Infrastructure (Railways) Act 1991 for 6 months to
allow new regulations to be made. This amendment extends the period to 1
year.
PART 4--AMENDMENT OF TRANSPORT
OPERATIONS (PASSENGER TRANSPORT) ACT 1994
Clauses 12 and 13 amend the Transport Operations (Passenger
Transport) Act 1994 to ensure any passenger transport strategies developed
under section 6 of the Act which have application to the SEQTA area must
must not be inconsistent with and must give effect to any integrated regional
transport plan in existence for the SEQTA area.
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Transport Planning and Coordination Amendment
PART 5--AMENDMENT OF TRANSPORT
OPERATIONS (ROAD USE MANAGEMENT) ACT 1994
Clauses 14 and 15 amend the Transport Operations (Road Use
Management) Act 1994 to ensure any road use management strategy
developed under section 8 of the Act which has application to the SEQTA
area must not be inconsisitent with and must give effect to any integrated
regional transport plan in existence for the SEQTA area.
Clause 16 allows the gross vehicle mass of a vehicle to be ascertained
other than by reference to the vehicle's compliance plate. For example, the
gross vehicle mass on the compliance plate may be illegible.
SCHEDULE
ADDITIONAL AMENDMENTS OF TRANSPORT
OPERATIONS (PASSENGER TRANSPORT) ACT 1994
Amendment 1 allows the chief executive to give advance notice of the
date from which a service contract is required for certain public passenger
services.
Amendments 2 to 7 will allow existing operators who are unsuccessful in
obtaining service contracts to continue operating for a limited period.
Amendment 8 allows a regulation to fix the day on which section 15 of
the Act (which deals with the duties of operators) applies to courtesy and
community transport services.
Amendments 9 and 11 extend the expiry date of the provisions.
Amendment 10 allows a regulation to fix the day on which section 27 of
the Act (which requires drivers to hold an authorisation) applies to courtesy
and community transport services.
Amendment 12 corrects a minor cross-reference error.
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Transport Planning and Coordination Amendment
Amendment 13 remakes a subsection to allow certain persons to apply
for payment of interest subsidies on financial leases of certain buses.
Amendment 14 remakes a subsection to allow transitional subsidy
payments to continue while the operator holds the licence or permit. (Most
of the licences and permits will cease when a service contract is entered
into).
Amendment 15 allows transitional subsidy payments to continue while
the contract remains in force. (The contract will cease when a new service
contract is entered into).
Amendment 16 inserts a provision restricting the continuance of
transitional subsidy payments to 7 November 1996 if a service contract is
not entered into.
Amendment 17 defers the start of the reduction of a transitional subsidy
payment until the start of the operator's service contract.
Amendment 18 inserts a provision entitling an operator to receive
government funding in the first year of a service contract equal to the
subsidies received in the year before the start of the service contract.
Amendment 19 is consequential on amendments 14 to 16.
Amendment 20 extends the expiry of the section from 5 to 7 years after
the Act commences to reflect the amendments dealing with periods starting
on the commencement of a service contract.
Amendment 21 is a renumbering provision.
© The State of Queensland 1995