TRANSPORT INFRASTRUCTURE AMENDMENT (RAIL) BILL 1995 …

Queensland

TRANSPORTINFRASTRUCTURE

AMENDMENT (RAIL) BILL1995

Queensland

TRANSPORT INFRASTRUCTUREAMENDMENT (RAIL) BILL 1995

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

PART 2—AMENDMENT OF TRANSPORT INFRASTRUCTUREACT 1994

3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

4 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 9

5 Amendment of s 10 (Obligations about government supported transport infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

6 Amendment of s 11 (Report on giving effect to s 10) . . . . . . . . . . . . . . . . . 9

7 Insertion of new ch 4, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

PART 1A—RAIL IMPLEMENTATION PROGRAMS

14A Development of programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

14B Consistency with transport infrastructure strategies . . . . . . . . . . . . . 11

14C Report on implementation of programs . . . . . . . . . . . . . . . . . . . . . . . 11

8 Amendment of s 18 (Transport GOCs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

9 Amendment of s 20 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

10 Omission of s 68 (Power of chief executive to lease or dispose of land to franchisees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

11 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

CHAPTER 5A—RAIL TRANSPORT INFRASTRUCTURE

PART 1—PRELIMINARY

71A Ways of achieving objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

71B Scope of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2

Transport Infrastructure Amendment (Rail)

PART 2—FUNCTIONS OF QUEENSLAND RAIL

71C Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

PART 3—ACCESS TO RAIL TRANSPORT INFRASTRUCTURE

71D Objectives of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

71E Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

71F Regulations about access to rail transport infrastructure . . . . . . . . . 15

71G Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

PART 4—ACCREDITATION

71H Accreditation of managers and operators . . . . . . . . . . . . . . . . . . . . . . 16

71I Applications for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

71J Additional information for applications . . . . . . . . . . . . . . . . . . . . . . . 17

71K Granting accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

71L Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

71M Requiring accreditation conditions to be complied with . . . . . . . . . 20

71N Accreditation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

71O Amending accreditation conditions on application . . . . . . . . . . . . . . 21

71P Amending accreditation conditions without application . . . . . . . . . 21

71Q Suspending or cancelling accreditation . . . . . . . . . . . . . . . . . . . . . . . 22

71R Immediate suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . 24

71S Limited suspension of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . 25

71T Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

PART 5—RAIL TRANSPORT INFRASTRUCTURE POWERS

71U Entering land for railway works etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 25

71V Entry to land by notice or with approval . . . . . . . . . . . . . . . . . . . . . . 26

71W Care to be taken in carrying out works etc. . . . . . . . . . . . . . . . . . . . . 26

71X Compensation for carrying out works etc. . . . . . . . . . . . . . . . . . . . . . 27

71Y Watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

71Z Power to require works to stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

71ZA Closing railway crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

PART 6—RAILWAY INCIDENTS

Division 1—Report of railway incident

71ZB Reporting serious incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

3


71ZC Request for report or incident details . . . . . . . . . . . . . . . . . . . . . . . . . 30

Division 2—Investigation of railway incident

71ZD Investigations by authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . 31

71ZE Power of authorised person to investigate incident . . . . . . . . . . . . . . 31

71ZF False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

71ZG False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 33

71ZH Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

71ZI Impersonating authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

71ZJ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Division 3—Boards of inquiry

Subdivision 1—General

71ZK Minister may establish or re-establish boards of inquiry . . . . . . . . . 35

71ZL Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

71ZM Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

71ZN Chief executive to arrange for services of staff and financial matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . 36

71ZO Authorised person may exercise powers for board’s inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Subdivision 2—Conduct of inquiry

71ZP Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

71ZQ Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

71ZR Inquiry to be held in public other than in special circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

71ZS Protection of members, legal representatives and witnesses . . . . . . 38

71ZT Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

71ZU Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . . . . . 38

71ZV Board’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

71ZW Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

71ZX Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

71ZY Inquiry may continue despite court proceedings unless otherwise ordered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

71ZZ Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

71ZZA Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

71ZZB False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

4


71ZZC False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . 41

71ZZD Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

71ZZE Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

PART 7—LAND FOR RAILWAY PURPOSES

71ZZF Lease of land to railway managers . . . . . . . . . . . . . . . . . . . . . . . . . . 42

71ZZG Status of railway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

71ZZH Application of Queensland Heritage Act . . . . . . . . . . . . . . . . . . . . . 43

71ZZI Existing rail transport infrastructure on land . . . . . . . . . . . . . . . . . . . 43

71ZZJ Existing buildings on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

71ZZK Railway works on corridor land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

PART 8—GENERAL

71ZZL Queensland Rail not a common carrier . . . . . . . . . . . . . . . . . . . . . . . 45

71ZZM Carrying dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

71ZZN Altering road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

71ZZO Maintaining roads crossing railways . . . . . . . . . . . . . . . . . . . . . . . . . 47

71ZZP No presumption of dedication of roads . . . . . . . . . . . . . . . . . . . . . . . 47

71ZZQ Extending roads etc. through or over railway land . . . . . . . . . . . . . . 47

71ZZR Level crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

71ZZS Interfering with railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

71ZZT Rectifying unauthorised interference . . . . . . . . . . . . . . . . . . . . . . . . . 49

71ZZU Trespassing on railway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

71ZZV Power to arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

71ZZW Impact of certain decisions by local governments on railways . . . 50

71ZZX Fencing new railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

71ZZY Works for existing railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

71ZZZ Non-accredited railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

71ZZZA Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

12 Amendment of s 72 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

13 Omission of ss 99 and 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

14 Insertion of new ss 105A and 105B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

105A No need to prove appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

105B Prosecutions for railway offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

5


15 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

110A Application of Freedom of Information Act and Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

16 Insertion of ch 8, new pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

PART 1A—SAVINGS AND TRANSITIONAL PROVISIONS ABOUT RAILWAYS

Division 1—Provisions about land

126A Existing rail corridor land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

126B Boundary identification etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

126C Effect of land becoming unallocated State land . . . . . . . . . . . . . . . . 58

126D Exemption from fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

126E Expiry of division etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Division 2—Other provisions

126F Interim accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

126G Advertising on railway land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

126H Permissions to extend roads etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

126I Continuation of Transport Infrastructure (Railways) Act 1991, ss 49 and 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

126J Continuation of Transport Infrastructure (Railways) Act 1991, ss 47, 48 and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

126K Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

126L Existing transaction documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

126M Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

126N Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

126O Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 63

17 Insertion of new ch 8, pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Division 1A—Transition of references about railways

151A Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

151B Railways Act 1914 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

151C Transport Infrastructure (Railways) Act 1991 references . . . . . . . . . 64

151D Commissioner for railways references . . . . . . . . . . . . . . . . . . . . . . . . 64

151E Railways Department references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

151F Queensland Railways references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

18 Omission of ch 8, pt 3, div 3 (Transition of references about

6


railways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

19 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 64

20 Amendment of sch 2 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

21 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

PART 3—REPEALS AND AMENDMENTS OF OTHER ACTS

22 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

23 Amendment of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

SCHEDULE . . . . . . . . . . . . . . . . . . . . 73

AMENDMENT OF OTHER ACTS

ATTACHMENT FOR TRANSPORTINFRASTRUCTURE ACT 1994 NOT

FORMING PART OF ANY ACT . . . . . 92

EXTRACT FROM COMPETITION PRINCIPLESAGREEMENT—PROVISIONS ABOUT ACCESS TO

SIGNIFICANT INFRASTRUCTURE FACILITIES

1995

A BILLFOR

An Act about rail infrastructure and other matters

s 1 8


s 3

The Parliament of Queensland enacts— 1

†PART 1—PRELIMINARY 2

˙Short title 3

Clause 1. This Act may be cited as the Transport Infrastructure Amendment 4(Rail) Act 1995. 5

˙Commencement 6

Clause 2.(1) Section 231, so far as it relates to the amendments in the schedule of 7the following Acts, commences on assent— 8

• Land Act 1962 9

• Land Act 1994 10

• Transport Operations (Road Use Management) Act 1995. 11

(2) The remaining provisions commence on the day Queensland Rail 12becomes a GOC2. 13

†PART 2—AMENDMENT OF TRANSPORT 14

INFRASTRUCTURE ACT 1994 15

˙Act amended 16

Clause 3. This part amends the Transport Infrastructure Act 1994. 17

1 Section 23 (Amendment of other Acts)

2 Under the Government Owned Corporations Regulation 1993, Queensland Rail isa candidate GOC. A regulation under s 63 of the GOC Act (Declaration of entityas GOC) may declare a candidate GOC to be a GOC.

s 4 9


s 6

˙Amendment of s 3 (Objectives of this Act) 1

Clause 4. Section 3(2)(d)— 2

omit, insert— 3

‘(d) for rail, to establish a regime that— 4

(i) contributes to overall transport effectiveness and efficiency; 5and 6

(ii) contributes to lower transport costs by allowing the 7maximum flexibility in rail transport operations consistent 8with achieving safety objectives; and 9

(iii) provides a high level of accountability; and 10

(iv) allows railway managers and operators to make decisions on 11a commercial basis; and 12

(v) provides a framework under which Queensland Rail3 may 13operate as required by the Government Owned Corporations 14Act 1993; and’. 15

˙Amendment of s 10 (Obligations about government supported 16transport infrastructure) 17

Clause 5. Section 10, ‘the Queensland Railways Board and the board of each 18port authority’— 19

omit, insert— 20

‘, and the boards of Queensland Rail and each port authority,’. 21

˙Amendment of s 11 (Report on giving effect to s 10) 22

Clause 6. Section 11, ‘Queensland Railways’— 23

omit, insert— 24

‘Queensland Rail’. 25

3 Queensland Rail is a body corporate to be established under the GovernmentOwned Corporations Act 1993 .

s 7 10


s 7

˙Insertion of new ch 4, pt 1A 1

Clause 7. Chapter 4— 2

insert— 3

†‘PART 1A—RAIL IMPLEMENTATION PROGRAMS 4

˙‘Development of programs 5

‘14A.(1) The chief executive must, each year, develop for the Minister’s 6approval rail implementation programs for the year and for 1 or more later 7years for rail transport infrastructure that is government supported transport 8infrastructure. 9

‘(2) Rail implementation programs must include— 10

(a) a program of projects, and policies and budgets, for 11implementing the transport infrastructure strategies for rail 12transport infrastructure that is government supported transport 13infrastructure; and 14

(b) performance targets for the rail transport infrastructure. 15

‘(3) In developing rail implementation programs, the chief executive 16must take reasonable steps to— 17

(a) consult with local governments and railway managers and 18operators that the chief executive considers would be affected by 19the programs; and 20

(b) minimise conflict between the programs and expenditure 21programs of local governments and railway managers and 22operators. 23

‘(4) Rail implementation programs are to be made publicly available in 24the way decided by the Minister. 25

‘(5) The Minister may, at any time, direct the chief executive to amend a 26rail implementation program. 27

‘(6) The Minister may— 28

(a) approve a rail implementation program submitted for approval; or 29

s 8 11


s 9

(b) require the chief executive to amend a rail implementation 1program submitted for approval. 2

˙‘Consistency with transport infrastructure strategies 3

‘14B.(1) Subject to the Minister’s directions, a rail implementation 4program must be consistent with transport infrastructure strategies. 5

‘(2) If a direction of the Minister results in a rail implementation program 6being inconsistent with a transport infrastructure strategy, the Minister must 7table a copy of the direction in the Legislative Assembly within 5 sitting 8days after it is given. 9

˙‘Report on implementation of programs 10

‘14C. Each annual report of the department must include a report on the 11implementation of the rail implementation program for the year of the 12report.’. 13

˙Amendment of s 18 (Transport GOCs) 14

Clause 8. Section 18(1) and (2), ‘Queensland Railways’— 15

omit, insert— 16

‘Queensland Rail’. 17

˙Amendment of s 20 (Definitions) 18

Clause 9.(1) Section 20, heading— 19

omit, insert— 20

‘Definitions for ch 5’. 21

(2) Section 20, definitions “maintenance” and “on”— 22

omit. 23

(3) Section 20, definition “ancillary works and encroachments”, 24paragraph (a)(i)— 25

omit, insert— 26

s 10 12


s 11

‘(i) sugar tramways; 1

(ia) monorails;’. 2

(4) Section 20, definitions “franchised road”, “franchisee”, “local 3government road”, “motorway” and “road”— 4

relocate to the dictionary. 5

˙Omission of s 68 (Power of chief executive to lease or dispose of land 6to franchisees) 7

Clause 10. Section 68— 8

omit. 9

˙Insertion of new ch 5A 10

Clause 11. After chapter 5— 11

insert— 12

†‘CHAPTER 5A—RAIL TRANSPORT 13

INFRASTRUCTURE 14

†‘PART 1—PRELIMINARY 15

˙‘Ways of achieving objectives 16

‘71A. The objectives of this Act for rail are intended to be achieved by— 17

(a) providing for the development and implementation of rail 18transport infrastructure strategies; and 19

(b) providing a framework to— 20

(i) allow railway managers to manage rail transport 21infrastructure in an effective and efficient way; and 22

(ii) allow railway operators to operate rolling stock in an 23effective and efficient way; and 24

s 11 13


s 11

(c) introducing a safety accreditation system to maintain appropriate 1levels of safety in the rail transport industry. 2

˙‘Scope of chapter 3

‘71B.(1) This chapter applies to rail transport infrastructure and rolling 4stock used, or proposed to be used, to transport passengers or freight for 5reward. 6

‘(2) This chapter does not apply to— 7

(a) a cable car; or 8

(b) a monorail; or 9

(c) a railway that— 10

(i) is used solely for amusement purposes; and 11

(ii) is not connected to a railway used to transport passengers, or 12freight, for reward; or 13

(d) a railway that— 14

(i) is part of, and used solely for, a mining operation; and 15

(ii) is not connected to a railway used to transport passengers, or 16freight, for reward; or 17

(e) a sugar tramway; or 18

(f) a tramway operated solely on roads; or 19

(g) another railway prescribed under a regulation. 20

†‘PART 2—FUNCTIONS OF QUEENSLAND RAIL 21

˙‘Functions 22

‘71C. The functions of Queensland Rail are— 23

(a) to establish, maintain, manage and operate, or arrange for, rail 24transport services and infrastructure; and 25

s 11 14


s 11

(b) to provide or arrange for ancillary services or works that are 1necessary or convenient for the effective and efficient 2maintenance, management and operation of— 3

(i) rail transport services; and 4

(ii) rail transport infrastructure; and 5

(iii) other rail infrastructure; and 6

(c) to do other things that are incidental or complementary to the 7performance of its functions or are likely to enhance the provision 8of— 9

(i) rail transport services; and 10

(ii) rail transport infrastructure; and 11

(iii) other rail infrastructure; and 12

(d) to perform any other functions conferred on it under an Act or a 13regulation. 14

†‘PART 3—ACCESS TO RAIL TRANSPORT 15

INFRASTRUCTURE 16

˙‘Objectives of part 17

‘71D. The objectives of this part are— 18

(a) to make interim provision to give effect to the principles in the 19Competition Principles Agreement between the Commonwealth 20and the States about access to services provided by means of 21significant infrastructure facilities (the “competition 22principles”); and 23

s 11 15


s 11

(b) in particular, to make provision to ensure agreements for access 1comply with the competition principles and the objectives of this 2Act.4 3

˙‘Application of part 4

‘71E.(1) This part applies to services provided by means of significant 5rail transport infrastructure facilities. 6

‘(2) However, this part does not apply to access to Queensland Rail coal 7carrying services until 5 years after the commencement of the Trade 8Practices Act 1974 (Cwlth), part IIIA.5 9

˙‘Regulations about access to rail transport infrastructure 10

‘71F.(1) For this part, a regulation may make provision about anything 11necessary or convenient to be prescribed for carrying out or giving effect to 12the competition principles and objectives of this Act. 13

‘(2) A regulation may, for example, be made about the following— 14

(a) the basis for negotiating access to a service provided by rail 15transport infrastructure facilities; 16

(b) services provided by facilities for which a person has a right to 17negotiate access; 18

(c) the enforcement of a person’s right to negotiate access; 19

(d) how long a right to negotiate access lasts, and the review and 20extension of the right; 21

(e) how a railway manager may or must meet the requirements of 22persons seeking access; 23

(f) allowing different persons access on different conditions; 24

4 To aid readers, the relevant provisions of the Competition Principles Agreementare in the attachment to this Act. The attachment is not part of the Act.

5 The Trade Practices Act 1974 (Cwlth), part IIIA (Access to services) is to beinserted by the Competition Policy Reform Bill 1995 (Cwlth).

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(g) disputes about access, arbitration of disputes, the powers of 1arbitrators, restrictions on their powers, and the effect of awards 2(including awards of compensation) of an arbitrator;6 3

(h) the circumstances in which a railway manager may be required to 4extend, or permit the extension of, a facility used to provide a 5service; 6

(i) reviewing agreements for access; 7

(j) hindering access; 8

(k) accounting arrangements; 9

(l) access to services involving facilities in Queensland and another 10State. 11

‘(3) However, a regulation cannot limit the operation of the competition 12principles. 13

˙‘Expiry of part 14

‘71G.(1) This part expires 1 year after it commences. 15

‘(2) A regulation made within 1 year after the commencement may 16extend the period mentioned in subsection (1) by not more than 1 year. 17

†‘PART 4—ACCREDITATION 18

˙‘Accreditation of managers and operators 19

‘71H.(1) A person must not manage a railway unless the person is 20accredited as the railway manager for the railway. 21

Maximum penalty—160 penalty units. 22

‘(2) A person must not operate rolling stock on a railway unless the 23person is accredited as a railway operator for the railway. 24

6 General provisions about arbitration, judicial review of arbitrators awards, andappeals on a question of law are in the Commercial Arbitration Act 1990.

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‘(3) Subsection (1) does not apply to a person who— 2

(a) owns or manages a railway for a purpose that is incidental to the 3person’s main business; and 4

(b) has an agreement with a person who is accredited as the railway 5manager for another railway for the connection of the railway to 6the other railway; and 7

(c) maintains the railway, or arranges for it to be maintained, in a 8way that is acceptable to the other person. 9

˙‘Applications for accreditation 10

‘71I. A person may apply to the chief executive for accreditation as— 11

(a) the railway manager for a railway; or 12

(b) a railway operator for a railway; or 13

(c) the railway manager and a railway operator for a railway. 14

˙‘Additional information for applications 15

‘71J.(1) The chief executive may, by written notice, require an applicant 16to give the chief executive stated written information that the chief executive 17reasonably requires to consider the application. 18

‘(2) The chief executive may reject the application if the applicant fails to 19comply with the requirement within a stated reasonable time, of not less 20than 28 days, without reasonable excuse. 21

˙‘Granting accreditation 22

‘71K.(1) The chief executive must promptly consider an application for 23accreditation and grant, or refuse to grant, the accreditation. 24

‘(2) The chief executive must accredit an applicant as the railway 25manager for a railway if satisfied— 26

(a) the applicant— 27

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(i) is accredited in another State to manage a similar type of 1railway; or 2

(ii) has the competency and capacity to manage the railway 3safely; and 4

(b) the applicant has an appropriate safety management system; and 5

(c) the applicant has the financial capacity or public risk insurance 6arrangements to meet reasonable potential accident liabilities for 7the railway; and 8

(d) the applicant has a right— 9

(i) of access to the land where the railway is constructed either 10under this Act or with the agreement of the land’s owner; 11and 12

(ii) to use the rail transport infrastructure or other rail 13infrastructure with the agreement of the infrastructure’s 14owner. 15

‘(3) The chief executive must accredit an applicant as a railway operator 16for a railway if satisfied— 17

(a) the applicant— 18

(i) is accredited in another State to operate rolling stock on a 19railway for a similar type of service; or 20

(ii) has the competency and capacity to operate rolling stock on 21the railway safely; and 22

(b) the applicant has an appropriate safety management system; and 23

(c) the applicant has the financial capacity or public risk insurance 24arrangements to meet reasonable potential accident liabilities for 25the railway; and 26

(d) unless the applicant is applying for accreditation as the railway 27manager and operator of a railway—the applicant has an 28agreement with the railway’s manager to operate particular rolling 29stock on the railway, and the agreement includes appropriate 30arrangements for the safe operation of the rolling stock. 31

‘(4) In considering a safety management system, the chief executive 32must consider— 33

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(a) the applicant’s rail transport proposal; and 1

(b) the appropriateness of the safety management system for the 2proposal; and 3

(c) the safety levels achievable, consistent with the nature of the 4proposal, at a reasonable cost; and 5

(d) the need for efficient and competitive rail transport services; and 6

(e) consistency with generally accepted risk management principles; 7and 8

(f) the levels of safety proposed relative to the levels of safety of 9competing transport modes. 10

‘(5) Subsection (4) does not limit by implication the matters the chief 11executive may consider in considering a safety management system. 12

‘(6) If the chief executive decides to grant the accreditation, the chief 13executive must promptly give the applicant a written notice stating— 14

(a) the decision; and 15

(b) the details of the accreditation, including its scope; and 16

(c) if the accreditation is granted subject to a condition— 17

(i) the details of the condition; and 18

(ii) the reason for the condition; and 19

(iii) the applicant may appeal against the imposition of the 20condition within 28 days after the notice is given to the 21applicant; and 22

(iv) how the applicant may appeal. 23

‘(7) If the chief executive decides not to grant the accreditation, the chief 24executive must promptly give the applicant a written notice stating— 25


(b) the reason for the decision; and 27

(c) the applicant may appeal against the decision within 28 days after 28the notice is given to the applicant; and 29

(d) how the applicant may appeal. 30

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˙‘Accreditation conditions 1

‘71L.(1) An accreditation may be subject to conditions. 2

‘(2) A condition may relate only to— 3

(a) for the accreditation of a person as the manager of a 4railway—managing the railway safely, considering the need for 5efficient and competitive services; or 6

(b) for the accreditation of a person as an operator of a railway— 7

(i) operating rolling stock safely, considering the need for 8efficient and competitive services; or 9

(ii) the person having an agreement with the manager of the 10railway to operate particular rolling stock on the railway, and 11the agreement, including appropriate arrangements for the 12safe operation of rolling stock; or 13

(c) for all accreditations—the person’s financial capacity or public 14risk insurance arrangements to meet reasonable potential accident 15liabilities for the railway; or 16

(d) for all accreditations—the payment of accreditation fees; or 17

(e) safety related matters prescribed under a regulation. 18

‘(3) An accredited person must comply with each condition of the 19person’s accreditation. 20

Maximum penalty for subsection (3)—40 penalty units. 21

˙‘Requiring accreditation conditions to be complied with 22

‘71M.(1) This section applies if the chief executive reasonably believes 23an accredited person has not complied with a condition of the person’s 24accreditation. 25

‘(2) The chief executive may, by written notice, require the person to 26remedy the breach within a reasonable period stated in the notice. 27

‘(3) If the person has not in fact complied with the condition of the 28person’s accreditation, the person must comply with the notice. 29


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˙‘Accreditation period 1

‘71N. An accreditation remains in force until it is suspended, cancelled or 2surrendered. 3

˙‘Amending accreditation conditions on application 4

‘71O.(1) An accredited person may apply to the chief executive for an 5amendment of the conditions of the person’s accreditation. 6

‘(2) The chief executive must consider the application and may grant, or 7refuse to grant, the amendment. 8

‘(3) The chief executive may amend a condition only if satisfied the 9condition is— 10

(a) no longer appropriate; or 11

(b) no longer consistent with generally accepted risk management 12principles. 13

‘(4) If the chief executive decides to amend a condition, the chief 14executive must promptly give the applicant a written notice stating the 15decision and the amendment. 16

‘(5) If the chief executive decides not to amend a condition, the chief 17executive must promptly give the applicant a written notice stating— 18



(c) the applicant may appeal against the decision within 28 days after 21the notice is given to the applicant; and 22

(d) how the applicant may appeal. 23

‘(6) If the chief executive does not decide the application within 70 days 24after it is made, the chief executive is taken to have made the amendment 25sought by the accredited person at the end of the 70 days. 26

˙‘Amending accreditation conditions without application 27

‘71P.(1) This section applies if the chief executive considers the 28conditions of a person’s accreditation should be amended. 29

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‘(2) Before amending the conditions, the chief executive must give the 1person a written notice— 2

(a) stating the proposed amendment; and 3

(b) stating the reason for the amendment; and 4

(c) inviting the person to show, within a stated time of at least 528 days, why the amendment should not be made. 6

‘(3) If, after considering all written representations made within the stated 7time, the chief executive still considers the conditions should be amended, 8the chief executive may amend the conditions— 9

(a) in the way proposed; or 10

(b) in another way, having regard to the representations. 11

‘(4) The chief executive must inform the person of the decision by 12written notice. 13

‘(5) If the chief executive decides to amend the conditions, the notice 14must also state— 15

(a) the amendment; and 16


(c) the person may appeal against the decision within 28 days after 18the notice is given to the person; and 19

(d) how the person may appeal. 20

‘(6) Subsections (2) to (5) do not apply if the chief executive proposes to 21amend the conditions of a person’s accreditation for a formal or clerical 22reason that does not adversely affect the person’s interests. 23

‘(7) The chief executive may amend a condition in a way mentioned in 24subsection (6) by written notice given to the person. 25

˙‘Suspending or cancelling accreditation 26

‘71Q.(1) This section applies if the chief executive— 27

(a) reasonably suspects an accredited person has failed to comply 28with a condition of the person’s accreditation; and 29

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(b) considers the person’s accreditation should be suspended or 1cancelled (the “proposed action”). 2

‘(2) Before taking the proposed action, the chief executive must give the 3person a written notice— 4

(a) stating the proposed action; and 5

(b) stating the reason for the proposed action; and 6

(c) if the proposed action is suspension of the accreditation—stating 7the proposed suspension period; and 8

(d) if the proposed action is a limited suspension of the 9accreditation7—stating the details of the proposed limitation; and 10

(e) inviting the person to show, within a stated time of at least 1128 days, why the proposed action should not be taken. 12

‘(3) If, after considering all written representations made within the stated 13time, the chief executive still considers the proposed action should be taken, 14the chief executive may— 15

(a) if the proposed action was to suspend the accreditation—suspend 16the accreditation— 17

(i) for no longer than the proposed suspension period; and 18

(ii) if the proposed action was a limited suspension—by no 19more than the proposed limitation; or 20

(b) if the proposed action was to cancel the accreditation—cancel the 21accreditation or suspend it for a period. 22

‘(4) The chief executive must inform the person of the decision by 23written notice. 24

‘(5) If the chief executive decides to suspend or cancel the accreditation, 25the notice must also state— 26

(a) the reason for the decision; and 27

(b) the person may appeal against the decision within 28 days after 28the notice is given to the person; and 29

(c) how the person may appeal. 30

7 See section 71S (Limited suspension of accreditation).

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‘(6) If— 1

(a) rather than cancel the accreditation, the chief executive suspends it 2on condition that the person do certain things to rectify the failure 3to comply with a condition of the person’s accreditation; and 4

(b) the person does not rectify the failure within the suspension 5period; 6

the chief executive may immediately cancel the accreditation by written 7notice given to the person. 8

‘(7) The notice must state— 9




˙‘Immediate suspension of accreditation 14

‘71R.(1) This section applies if the chief executive— 15

(a) reasonably believes an accredited person has failed to comply 16with a condition of the person’s accreditation; and 17

(b) considers members of the public may be seriously harmed if 18urgent action to suspend the accreditation is not taken. 19

‘(2) The chief executive may immediately suspend an accreditation by 20written notice given to the person. 21

‘(3) The notice must state— 22




‘(4) The chief executive must at the same time give the person a notice 27under section 71Q(2).8 28

8 Section 71Q (Suspending or cancelling accreditation)

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‘(5) The accreditation is suspended under this section until the earlier of 1the following— 2

(a) the chief executive gives the person notice of the chief executive’s 3decision under section 71Q; 4

(b) the end of 60 days after the notice under subsection (2) was given 5to the person. 6

˙‘Limited suspension of accreditation 7

‘71S. Under section 71Q or 71R9, the chief executive may limit a 8suspension to, for example— 9

(a) a particular railway for which the accredited person is accredited; 10or 11

(b) a particular service operated by the accredited person. 12

˙‘Surrender of accreditation 13

‘71T. An accredited person may, at any time, surrender the person’s 14accreditation by written notice given to the chief executive. 15

†‘PART 5—RAIL TRANSPORT INFRASTRUCTURE 16

POWERS 17

˙‘Entering land for railway works etc. 18

‘71U. For railway works, the chief executive or an accredited person 19may enter someone else’s land and carry out the works. 20

9 Section 71Q (Suspending or cancelling accreditation)Section 71R (Immediate suspension of accreditation)

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˙‘Entry to land by notice or with approval 1

‘71V.(1) Before entering someone else’s land to carry out railway 2works, the chief executive or an accredited person must— 3

(a) give at least 7 days written notice to the land’s owner or occupier; 4or 5

(b) get the written agreement of the land’s owner or occupier to the 6entry. 7

‘(2) The notice must— 8

(a) state the use intended to be made of the land; and 9

(b) include a general outline of the intended works; and 10

(c) state an approximate period when the works are expected to be 11carried out on the land. 12

‘(3) The chief executive or accredited person need not comply with 13subsection (1) for— 14

(a) urgent remedial action on a railway; or 15

(b) maintenance on a road. 16

‘(4) If urgent remedial action is required, the chief executive or accredited 17person must give the land’s owner or occupier as much oral notice as is 18practicable. 19

˙‘Care to be taken in carrying out works etc. 20

‘71W. In entering land and carrying out railway works on the land, the 21chief executive or an accredited person— 22

(a) must take as much care as is practicable to minimise damage to 23the land or inconvenience to the land’s owner or occupier; and 24

(b) may do anything necessary or desirable to minimise the damage 25or inconvenience; and 26

(c) must get the agreement of the owner or occupier to take or use the 27materials of the land’s owner or occupier, unless urgent remedial 28action on a railway is required. 29

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˙‘Compensation for carrying out works etc. 1

‘71X.(1) An owner or occupier of land entered under this part by the 2chief executive or an accredited person may, by written notice given to the 3chief executive or accredited person— 4

(a) claim compensation for loss or damage caused by the entry or 5railway works carried out on the land; or 6

(b) claim compensation for the taking or use of materials; or 7

(c) require the person to carry out works in restitution for the 8damage; or 9

(d) require the person to carry out works in restitution for the damage 10and then claim compensation for any loss or damage not 11restituted. 12

‘(2) The notice must be given— 13

(a) within 1 year after the railway works are completed; or 14

(b) at a later time allowed by the chief executive or accredited person. 15

‘(3) 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 18decided by a court with jurisdiction for the recovery of the 19amount of compensation claimed. 20

‘(4) However, the amount of compensation for damage to the land and 21its fixtures, and for taking or use of materials, can not be more than the 22amount that would have been awarded if the land had been acquired. 23

˙‘Watercourses 24

‘71Y.(1) To carry out railway works, an accredited person may, with the 25chief executive’s written approval— 26

(a) divert a watercourse; or 27

(b) construct a watercourse, whether temporary or permanent. 28

‘(2) In deciding whether to approve the diversion of a watercourse, the 29chief executive must consider the effect the works would have on the 30

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watercourse’s physical integrity and flow characteristics. 1

‘(3) Subsection (2) does not limit the matters the chief executive may 2consider. 3

˙‘Power to require works to stop 4

‘71Z.(1) A person must not, without the chief executive’s written 5approval, carry out works near a railway if the works threaten, or are likely 6to threaten, the railway’s safety or operational integrity. 7


‘(2) If— 9

(a) a person is carrying out, or proposes to carry out, works near a 10railway; and 11

(b) the chief executive reasonably believes they threaten, or are likely 12to threaten, the railway’s safety or operational integrity; 13

the chief executive may give the person a written direction to stop, alter or 14not to start the works. 15

‘(3) The person must comply with the direction, unless the person has a 16reasonable excuse. 17


‘(4) If works are carried out contrary to subsection (1) or a direction 19under subsection (2), the chief executive may, by written notice, require the 20owner of the land where the works are situated to alter, demolish or take 21away the works within a stated reasonable time. 22

‘(5) The person must comply with the requirement, unless the person 23has a reasonable excuse. 24


‘(6) If the person does not comply with the requirement, the chief 26executive may— 27

(a) alter, demolish or take away the works; or 28

(b) alter, demolish or take away the works and recover the cost of 29doing so from the land’s owner as a debt payable by the owner. 30

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‘(7) For this section, a person authorised by the chief executive may enter 1land and inspect works— 2

(a) after giving 3 days written notice to the land’s owner or occupier; 3or 4

(b) with the written agreement of the land’s owner or occupier; or 5

(c) without notice or approval, if the chief executive reasonably 6believes there is an immediate and significant threat to the 7railway’s safety or operational integrity. 8

‘(8) This section binds all persons, including the State, the 9Commonwealth and the other States. 10

˙‘Closing railway crossings 11

‘71ZA.(1) A railway manager may temporarily close or regulate a 12railway crossing if satisfied it is necessary because of an immediate threat 13to— 14

(a) the safety of the railway; or 15

(b) the public using it or who may use it. 16

‘(2) If the manager decides to close or regulate a crossing— 17

(a) the manager must, as soon as practicable after its closure or 18regulation, notify the authority responsible for the crossing of its 19closure or regulation, unless the authority has agreed that 20notification is unnecessary; and 21

(b) the manager may construct a substitute crossing. 22

†‘PART 6—RAILWAY INCIDENTS 23

†‘Division 1—Report of railway incident 24

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˙‘Reporting serious incidents 1

‘71ZB.(1) If an accredited person for a railway becomes aware that a 2serious incident has happened on or involving a railway, the person must 3report the incident to the chief executive in accordance with any guidelines 4under subsection (2). 5


‘(2) The chief executive may make, and give to all accredited persons, 7written guidelines— 8

(a) to which they are to have regard in deciding whether an incident is 9one to which subsection (1) applies; or 10

(b) about the information that must be included in reports under the 11subsection; or 12

(c) about the times within which reports must be made to the chief 13executive; or 14

(d) about the form in which reports must be made. 15

‘(3) In making guidelines, the chief executive must consult with 16accredited persons. 17

˙‘Request for report or incident details 18

‘71ZC.(1) This section applies if the chief executive becomes aware that 19a serious incident on or involving a railway may have happened, even if it 20has not been reported. 21

‘(2) The chief executive may require an accredited person for the railway 22to give the chief executive a written report, or stated written details, about 23the incident within a stated reasonable period. 24



†‘Division 2—Investigation of railway incident 28

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˙‘Investigations by authorised person 1

‘71ZD.(1) This section applies if— 2

(a) a serious incident on or involving a railway happens; or 3

(b) the chief executive becomes aware that a serious incident on or 4involving a railway may have happened, even if it has not been 5reported. 6

‘(2) The chief executive may require an authorised person for the railway 7to investigate the matter. 8

‘(3) If a report has been given to the chief executive about the incident, 9the chief executive may require the authorised person to investigate the 10matter by reviewing the report. 11

‘(4) After finishing the investigation, the authorised person must report 12the results of the investigation to the chief executive. 13

˙‘Power of authorised person to investigate incident 14

‘71ZE.(1) This section applies if— 15

(a) an incident on or involving a railway has, or may have, happened; 16and 17

(b) an authorised person for the railway is investigating the incident, 18whether or not at the chief executive’s request. 19

‘(2) If the authorised person reasonably needs help in investigating the 20incident, the authorised person may require a person to give the authorised 21person reasonable help in the investigation. 22

‘(3) A requirement may only be made of a person who the authorised 23person reasonably believes is competent to give the help. 24

‘(4) The authorised person may require a person who the authorised 25person reasonably suspects was at or near the scene of the incident when it 26happened to— 27

(a) answer questions relevant to the incident; or 28

(b) produce documents or other things relevant to the incident. 29

‘(5) The authorised person may require an employee of a railway 30manager or operator to take an alcohol breath test, drug test or medical 31

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examination if the person reasonably suspects— 1

(a) the employee caused, or was directly involved in, the incident; 2and 3

(b) the result of the test or examination may help in deciding the 4circumstances and probable causes of the incident. 5

‘(6) The test or examination must take place within 2 hours after the 6incident happens. 7

‘(7) The cost of the test or examination must be paid by the employee’s 8employer. 9

‘(8) A person must comply with a requirement under this section, unless 10the person has a reasonable excuse. 11


‘(9) When making a requirement of a person under this section, an 13authorised person must warn the person it is an offence to fail to comply 14with the requirement unless the person has a reasonable excuse. 15

‘(10) If the person refuses to take a test or examination, the person may 16be taken, for a purpose prescribed under a regulation, to have been under the 17influence of alcohol or a drug when the incident happened, in the absence of 18evidence to the contrary. 19

˙‘False or misleading statements 20

‘71ZF.(1) A person must not— 21

(a) state anything to an authorised person for a railway that the 22person knows is false or misleading in a material particular; or 23

(b) omit from a statement made to an authorised person for a railway 24anything without which the statement is, to the person’s 25knowledge, misleading in a material particular. 26


‘(2) It is enough for a complaint against a person for an offence against 28subsection (1) to state that the statement made was false or misleading to 29the person’s knowledge. 30

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˙‘False, misleading or incomplete documents 1

‘71ZG.(1) A person must not give the chief executive or an authorised 2person for a railway a document containing information the person knows 3is false, misleading or incomplete in a material particular. 4


‘(2) Subsection (1) does not apply to a person if the person, when giving 6the document— 7

(a) tells the chief executive or person, to the best of the person’s 8ability, how it is false, misleading or incomplete; and 9

(b) if the person has, or can reasonably get, the correct 10information—gives the correct information. 11

‘(3) It is enough for a complaint against a person for an offence against 12subsection (1) to state that the document was false, misleading or 13incomplete to the person’s knowledge. 14

‘(4) In this section— 15

“document” includes a report under division 1.10 16

˙‘Obstructing authorised person 17

‘71ZH.(1) A person must not obstruct an authorised person for a 18railway in the exercise of a power under this or another Act, unless the 19person has a reasonable excuse. 20


‘(2) If a person has obstructed an authorised person and the authorised 22person decides to exercise the power, the authorised person must warn the 23person. 24

‘(3) In warning the person, the authorised person must tell the person— 25

(a) it is an offence to obstruct the authorised person, unless the 26person has a reasonable excuse; and 27

(b) the authorised person considers the person’s conduct is an 28obstruction. 29

10 Division 1 (Report of railway incident)

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˙‘Impersonating authorised person 1

‘71ZI. A person must not pretend to be an authorised person for a 2railway for this or another Act. 3


˙‘Compensation 5

‘71ZJ.(1) This section applies if a person incurs loss or expense because 6of the exercise or purported exercise by an authorised person for a railway 7of a power under this part, including, for example, in complying with a 8requirement made of the person. 9

‘(2) The person may claim compensation for the loss or expense from 10the employing authority. 11

‘(3) Payment of compensation may be claimed and ordered in a 12proceeding— 13

(a) brought in a court with jurisdiction for the recovery of the amount 14of compensation claimed; or 15

(b) for an offence against this Act brought against the person 16claiming compensation. 17

‘(4) A court may order compensation to be paid only if it is satisfied it is 18just to make the order in the circumstances of the particular case. 19

‘(5) A regulation may prescribe matters that may, or must, be taken into 20account by the court in considering whether it is just to make the order. 21


“employing authority”, of an authorised person, means— 23

(a) if the authorised person is employed by an accredited person—the 24accredited person; or 25

(b) in any other case—the State. 26

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†‘Division 3—Boards of inquiry 1

†‘Subdivision 1—General 2

˙‘Minister may establish or re-establish boards of inquiry 3

‘71ZK.(1) The Minister may, by gazette notice, establish or re-establish 4a board of inquiry about an incident that— 5

(a) has happened on or involving a railway; and 6

(b) the Minister considers is a serious incident. 7

‘(2) The notice, or a subsequent gazette notice, may specify matters 8relevant to the inquiry, including, for example, the number and appointment 9of members, the chairperson and the terms of reference. 10

‘(3) The Minister may exercise powers under this section for an 11incident— 12

(a) whether or not the incident has been investigated under 13division 211; or 14

(b) whether or not a board of inquiry has previously inquired into the 15incident. 16

˙‘Role of board of inquiry 17

‘71ZL.(1) The board of inquiry must— 18

(a) inquire into the circumstances and probable causes of the relevant 19incident; and 20

(b) give the Minister a written report of the board’s findings. 21

‘(2) The report may contain the recommendations the board considers 22appropriate and other relevant matters. 23

‘(3) The Minister must table a copy of the report in the Legislative 24Assembly within 14 days after receiving the report. 25

11 Division 2 (Investigation of railway incident)

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‘(4) However, if the board gives the Minister a separate report of matters 1that the board considers should not be made public, the Minister need not 2table the separate report in the Legislative Assembly. 3

˙‘Conditions of appointment 4

‘71ZM.(1) Members of the board of inquiry are entitled to be paid the 5fees and allowances that may be decided by the Minister. 6

‘(2) The members hold office on the terms not provided by this Act that 7may be decided by the Minister. 8

˙‘Chief executive to arrange for services of staff and financial matters 9for board of inquiry 10

‘71ZN. As soon as practicable after the board of inquiry is established, 11the chief executive must consult with the chairperson of the board and 12arrange— 13

(a) for the services of officers and employees of the department, 14authorised persons for a railway and other persons to be made 15available to the board for the conduct of the inquiry; and 16

(b) for financial matters relevant to the board. 17

˙‘Authorised person may exercise powers for board’s inquiry 18

‘71ZO.(1) This section applies to an authorised person for a railway 19whose services have been made available to the board of inquiry. 20

‘(2) The person may exercise the powers of an authorised person under 21division 212 for the incident the subject of the board’s inquiry. 22

12 Division 2 (Investigation of railway incident)

s 11 37


s 11

†‘Subdivision 2—Conduct of inquiry 1

˙‘Procedure 2

‘71ZP.(1) In conducting its inquiry, the board of inquiry— 3

(a) must observe natural justice; and 4

(b) must act as quickly, and with as little formality and technicality, 5as is consistent with a fair and proper consideration of the issues. 6

‘(2) In conducting the inquiry, the board— 7

(a) is not bound by the rules of evidence; and 8

(b) may inform itself in any way it considers appropriate, including, 9for example, holding hearings; and 10

(c) may decide the procedures to be followed for the inquiry. 11

‘(3) However, the board must comply with this division and any 12procedural rules prescribed under a regulation. 13

‘(4) The chairperson presides at the inquiry. 14

˙‘Notice of inquiry 15

‘71ZQ. The chairperson of the board of inquiry must give at least 1614 days written notice of the time and place of the inquiry to anyone who 17the chairperson has reason to believe should be given the opportunity to 18appear at the inquiry. 19

˙‘Inquiry to be held in public other than in special circumstances 20

‘71ZR.(1) An inquiry must be held in public. 21

‘(2) However, the board may, of its own initiative or on the application 22of a person represented at the inquiry, direct that the inquiry, or a part of the 23inquiry, be held in private, and give directions about the persons who may 24be present. 25

‘(3) The board may direct that the inquiry be held in private only if 26satisfied it is proper to make the order in the special circumstances of the 27inquiry. 28

s 11 38


s 11

˙‘Protection of members, legal representatives and witnesses 1

‘71ZS.(1) A member of the board of inquiry has, in the performance of 2the member’s duties, the same protection and immunity as a judge of the 3Supreme Court. 4

‘(2) A lawyer or other person appearing before the board for someone 5else has the same protection and immunity as a barrister appearing for a 6party in a proceeding in the Supreme Court. 7

‘(3) A person summoned to attend or appearing before the board as a 8witness has the same protection as a witness in a proceeding in the Supreme 9Court. 10

˙‘Record of proceedings to be kept 11

‘71ZT. The board of inquiry must keep a record of its proceedings. 12

˙‘Procedural fairness and representation 13

‘71ZU. In conducting the inquiry, the board must give anyone directly 14concerned in the incident the subject of the inquiry, the opportunity of 15making a defence to all claims made against the person either in person or 16by lawyer or agent. 17

˙‘Board’s powers on inquiry 18

‘71ZV.(1) In conducting the inquiry, the board may— 19

(a) act in the absence of any person who has been given a notice 20under section 71ZQ13 or some other reasonable notice; and 21

(b) receive evidence on oath or affirmation or by statutory 22declaration; and 23

(c) adjourn the inquiry; and 24

(d) disregard any defect, error, omission or insufficiency in a 25document; and 26

13 Section 71ZQ (Notice of inquiry)

s 11 39


s 11

(e) permit or refuse to permit a person, including a lawyer, to 1represent someone else at the inquiry. 2

‘(2) A member of the board may administer an oath or affirmation to a 3person appearing as a witness before the inquiry. 4

˙‘Notice to witness 5

‘71ZW.(1) The chairperson of the board of inquiry may, by written 6notice given to a person, require the person to attend the inquiry at a stated 7time and place to give evidence or produce stated documents or things. 8

‘(2) A person required to appear as a witness before the board is entitled 9to the witness fees prescribed under a regulation or, if no witness fees are 10prescribed, the reasonable witness fees decided by the chairperson. 11

˙‘Inspection of documents or things 12

‘71ZX.(1) If a document or other thing is produced to the board at the 13inquiry, the board may— 14

(a) inspect the thing; and 15

(b) make copies of, photograph, or take extracts from, the thing if it 16is relevant to the inquiry. 17

‘(2) The board may also take possession of the thing, and keep it while it 18is necessary for the inquiry. 19

‘(3) While it keeps a thing, the board must permit a person otherwise 20entitled to possession of the thing to inspect, make copies of, photograph, or 21take extracts from, it, at a reasonable place and time that the board decides. 22

˙‘Inquiry may continue despite court proceedings unless otherwise 23ordered 24

‘71ZY. The inquiry of the board of inquiry may start or continue, and a 25report may be prepared or given, despite a proceeding before any court or 26tribunal, unless a court or tribunal with the necessary jurisdiction orders 27otherwise. 28

s 11 40


s 11

˙‘Offences by witnesses 1

‘71ZZ.(1) A person given a notice under section 71ZW14 must not— 2

(a) fail, without reasonable excuse, to attend as required by the notice; 3or 4

(b) fail, without reasonable excuse, to continue to attend as required 5by the chairperson of the board of inquiry until excused from 6further attendance. 7

Maximum penalty—60 penalty units 8

‘(2) A person appearing as a witness at the inquiry must not— 9

(a) fail to take an oath or make an affirmation when required by the 10chairperson of the board; or 11

(b) fail, without reasonable excuse, to answer a question the person is 12required to answer by a member of the board; or 13

(c) fail, without reasonable excuse, to produce a document or thing 14the person is required to produce by a notice under section 1571ZW. 16


˙‘Self-incrimination 18

‘71ZZA.(1) A person appearing as a witness at the inquiry is not 19excused from— 20

(a) answering a question put to the person at the inquiry; or 21

(b) producing a document or other thing at the inquiry; 22

on the ground that the answer or producing the thing might tend to 23incriminate the person. 24

‘(2) However, neither the answer, nor the fact that the person has 25produced the thing, is admissible in evidence against the person in a 26criminal proceeding (other than a proceeding about the falsity or misleading 27nature of the answer or thing) if— 28

14 Section 71ZW (Notice to witness)

s 11 41


s 11

(a) before answering the question or producing the thing, the person 1claims that the answer or producing the thing might tend to 2incriminate the person; and 3

(b) the answer or producing the thing might in fact tend to 4incriminate the person. 5

˙‘False or misleading statements 6

‘71ZZB.(1) A person must not— 7

(a) state anything to the board of inquiry that the person knows is 8false or misleading in a material particular; or 9

(b) omit from a statement made to the board of inquiry anything 10without which the statement is, to the person’s knowledge, 11misleading in a material particular. 12


‘(2) It is enough for a complaint against a person for an offence against 14subsection (1) to state that the statement made was false or misleading to 15the person’s knowledge. 16

˙‘False, misleading or incomplete documents 17

‘71ZZC.(1) A person must not give to the board of inquiry a document 18containing information the person knows is false, misleading or incomplete 19in a material particular. 20


‘(2) Subsection (1) does not apply to a person if the person, when giving 22the document— 23

(a) tells the board, to the best of the person’s ability, how it is false, 24misleading or incomplete; and 25

(b) if the person has, or can reasonably get the correct 26information—gives the correct information. 27

‘(3) It is enough for a complaint against a person for an offence against 28subsection (1) to state that the document was false, misleading or 29incomplete to the person’s knowledge. 30

s 11 42


s 11

˙‘Contempt of board 1

‘71ZZD. A person must not— 2

(a) insult the board of inquiry; or 3

(b) deliberately interrupt the inquiry; or 4

(c) create or continue or join in creating or continuing, a disturbance 5in or near a place where the board is conducting its inquiry; or 6

(d) do anything that would be contempt of court if the board were a 7judge acting judicially. 8


˙‘Change of membership of board 10

‘71ZZE. The inquiry of the board of inquiry is not affected by a change 11in its membership. 12

†‘PART 7—LAND FOR RAILWAY PURPOSES 13

˙‘Lease of land to railway managers 14

‘71ZZF.(1) This section applies if the State acquires land for use by a 15railway manager as part of a rail transport corridor. 16

‘(2) The State must lease the land to the manager— 17

(a) if the manager agrees to meet the full costs of the acquisition—on 18terms that— 19

(i) the lease is for a term of 100 years and, if demanded, for a 20rent of $1 per year; and 21

(ii) the manager has an option to take up a further lease on the 22same terms for a further 100 years; or 23

(b) otherwise—on terms agreed between the parties. 24

‘(3) Before the land is leased, all necessary approvals for the construction 25of a railway must be obtained. 26

s 11 43


s 11

‘(4) If the manager attaches any rail transport infrastructure and any other 1works or structures to the land, they remain the manager’s property until the 2manager disposes of them. 3

˙‘Status of railway land 4

‘71ZZG.(1) The railway manager for corridor land is subject to the same 5controls and exemptions under State and local laws that an agency of the 6State would be if it had the manager’s interest in the land. 7


“corridor land” means— 9

(a) commercial corridor land that is not leased by the railway 10manager on a commercial basis; or 11

(b) existing rail corridor land, or new rail corridor land, that is not 12subleased by the railway manager on a commercial basis. 13

˙‘Application of Queensland Heritage Act 14

‘71ZZH. The Queensland Heritage Act 1992 applies to the following 15property of Queensland Rail as if Queensland Rail were an agency of the 16State— 17

(a) property that is on existing rail corridor land or new rail corridor 18land; and 19

(b) other property that is entered on the heritage register and is 20identified by the chief executive by gazette notice. 21

˙‘Existing rail transport infrastructure on land 22

‘71ZZI.(1) This section applies if at the commencement— 23

(a) rail transport infrastructure was on land that is not owned or 24leased by Queensland Rail; and 25

(b) the previous rail corporation had managed a railway using the rail 26transport infrastructure. 27

‘(2) After the commencement— 28

s 11 44


s 11

(a) the rail transport infrastructure may stay on the land; and 1

(b) Queensland Rail may— 2

(i) alter the rail transport infrastructure; and 3

(ii) manage the railway using the rail transport infrastructure, 4whether or not altered; and 5

(iii) operate rolling stock on the railway. 6

‘(3) A person has no interest in, or right to, the rail transport 7infrastructure (whether or not altered) on land only because the person has 8an interest in the land. 9

˙‘Existing buildings on land 10

‘71ZZJ.(1) If, immediately before the commencement, a building of the 11previous rail corporation was lawfully on land— 12

(a) it may stay on the land; and 13

(b) its construction is not subject to any approval that did not affect it 14immediately before the commencement. 15

‘(2) If, immediately before the commencement, the previous rail 16corporation’s activities were lawfully being carried out on the land, they 17may still be carried out on the land despite any change to the zoning of the 18land. 19


“building” includes a structure or works. 21

˙‘Railway works on corridor land 22

‘71ZZK.(1) The chief executive must exercise or perform any power or 23function that, under the Building Code, would be exercised or performed by 24a local government for any railway works carried out on corridor land. 25


“Building Code” means the Building Code of Australia. 27

“corridor land” means commercial corridor land, existing rail corridor 28land, new rail corridor land or non-rail corridor land. 29

s 11 45


s 11

†‘PART 8—GENERAL 1

˙‘Queensland Rail not a common carrier 2

‘71ZZL. Queensland Rail is not a common carrier. 3

˙‘Carrying dangerous goods 4

‘71ZZM.(1) While on or travelling by a railway, a person must not 5possess or have in their luggage any dangerous goods. 6


‘(2) A person does not commit an offence against subsection (1) if— 8

(a) the goods are of a type commonly used for personal, domestic or 9household use; and 10

(b) the quantity of the goods is reasonable considering their nature 11and common use. 12

‘(3) A person must not send dangerous goods (code) by railway unless 13the goods are packed, marked and labelled as required by the code. 14


‘(4) A person must not send dangerous goods (other) by railway 16unless— 17

(a) the goods are marked and labelled to show clearly that they are 18dangerous goods; and 19

(b) the goods are packed, and otherwise marked and labelled, in a 20reasonable way considering— 21

(i) the goods’ nature and quantity; and 22

(ii) the safety of the railway and people working or travelling on 23it. 24


‘(5) In a proceeding for an offence against subsection (1) or (3), a 26document purporting to be the code is evidence of the code. 27

s 11 46


s 11


“code” means a document, or parts of a document, prescribed under a 2regulation to be the code. 3

“dangerous goods” means— 4

(a) dangerous goods (code); or 5

(b) dangerous goods (other). 6

“dangerous goods (code)” means— 7

(a) substances in the code that are prescribed under a regulation; or 8

(b) other substances or things declared by a regulation to be 9dangerous goods. 10

“dangerous goods (other)” means substances or things that, because of 11their nature, quantity or condition, could, if brought onto a railway or 12carried by railway, endanger the safety of— 13

(a) the railway; or 14

(b) a person on the railway. 15

˙‘Altering road levels 16

‘71ZZN.(1) In constructing or managing a railway, the railway manager 17for the railway may alter the level of a road or require the authority 18responsible for the road to alter its level. 19

‘(2) Unless the railway manager and the authority responsible for the 20road agree, the railway manager must pay all reasonable expenses incurred 21by the authority in altering the road level. 22

‘(3) A person whose land is directly affected by the alteration is entitled 23to be paid compensation by the railway manager. 24

‘(4) The amount of compensation is— 25

(a) the amount agreed between the parties; or 26

(b) if the parties can not agree within a reasonable time—the amount 27decided by a court with jurisdiction for the recovery of the 28amount of compensation claimed. 29

s 11 47


s 11

‘(5) However, the amount of compensation can not be more than the 1amount that would have been awarded if the land had been acquired. 2

˙‘Maintaining roads crossing railways 3

‘71ZZO.(1) A railway manager for a railway must maintain— 4

(a) the part of the railway on a road; and 5

(b) the surface of a road, in a character in keeping with the road— 6

(i) between the rails; and 7

(ii) outside the outermost rails to a distance of 0.6 m. 8

‘(2) If a railway is built by way of a bridge over a road, the authority that 9maintained the road before the railway was built must continue to maintain 10the road under the bridge. 11

˙‘No presumption of dedication of roads 12

‘71ZZP. If the public uses railway land as a road or otherwise for access 13purposes, the land is not taken to have been dedicated for use as a road even 14though the use is authorised or allowed by the railway manager. 15

˙‘Extending roads etc. through or over railway land 16

‘71ZZQ.(1) A railway manager may allow a local government to 17construct, maintain and operate a road on railway land by way of— 18

(a) a bridge over the railway; or 19

(b) a bridge that allows the road to pass under the railway; or 20

(c) a level crossing. 21

‘(2) The permission may be subject to conditions. 22

‘(3) The railway manager may continue to use the land, and the airspace 23above the land, other than any land and airspace excluded by a condition of 24the permission. 25

‘(4) The railway manager, and its agents or employees, do not have any 26duty or liability for the road or its use or operation. 27

s 11 48


s 11

‘(5) Once the road is used, it is taken to be— 1

(a) a road under the relevant local government’s control; and 2

(b) a road under any Act about the use of vehicles on a road. 3

‘(6) Unless the railway manager and the local government otherwise 4agree— 5

(a) the local government is responsible for maintaining the road and 6the bridge or level crossing ; and 7

(b) if the road stops being used—the local government is responsible 8for the cost of taking the bridge or level crossing away and of 9restoring the railway. 10

˙‘Level crossings 11

‘71ZZR.(1) Pedestrians and drivers of vehicles must give way to— 12

(a) a railway operator’s rolling stock on railway tracks at a level 13crossing; and 14

(b) a railway manager’s rail vehicle on railway tracks at a level 15crossing. 16

‘(2) If an accident happens at a level crossing because a person does not 17comply with subsection (1)— 18

(a) the railway manager or operator is not liable for any injury or 19damage caused in the accident; and 20

(b) the person must pay the railway manager or operator the cost of 21any damage caused to property of the manager or operator. 22

‘(3) However, subsection (2) does not apply if the manager or operator, 23or its agents or employees, were negligent in relation to the accident. 24

˙‘Interfering with railway 25

‘71ZZS.(1) A person must not interfere with a railway, unless the 26person has the railway manager’s written approval. 27


‘(2) An approval may be subject to a reasonable condition. 29

s 11 49


s 11

‘(3) The person must comply with the condition. 1


‘(4) Subsection (1) does not apply to a person who carries out urgent 3maintenance of a railway. 4

‘(5) This section binds all persons, including the State, the 5Commonwealth and the other States. 6

˙‘Rectifying unauthorised interference 7

‘71ZZT.(1) If a person contravenes section 71ZZS(1)15 by interfering 8with a railway, the railway manager for the railway may, by written notice, 9require the person to rectify the interference within a stated reasonable time. 10



‘(3) If the person does not comply with the requirement, the railway 14manager may rectify the interference. 15

‘(4) The person must pay the manager the manager’s costs of— 16

(a) rectifying the interference; or 17

(b) altering the construction, maintenance or operation the railway 18because of the interference. 19


“rectify the interference” means— 21

(a) alter, dismantle or take away any works; or 22

(b) fix any damage caused by the interference. 23

˙‘Trespassing on railway 24

‘71ZZU. A person must not wilfully trespass on a railway. 25


15 Section 71ZZS (Interfering with railway)

s 11 50


s 11

˙‘Power to arrest 1

‘71ZZV.(1) This section applies to any of the following offences— 2

• an offence against section 71ZH (Obstructing authorised person) 3

• an offence against section 71ZZU (Trespassing on railway) 4

• an offence against the Criminal Code, section 469 (Malicious 5injuries in general) constituted by wilful and unlawful destruction 6or damage to rail transport infrastructure, other rail infrastructure 7or rolling stock. 8

‘(2) A police officer may arrest a person without a warrant if the police 9officer reasonably believes— 10

(a) the person has just committed the offence; and 11

(b) proceedings by way of complaint and summons against the 12person would be ineffective. 13

˙‘Impact of certain decisions by local governments on railways 14

‘71ZZW.(1) The chief executive may make guidelines about what a local 15government must consider in relation to the safety and operational integrity 16of a railway if— 17

(a) it intends to— 18

(i) approve a subdivision, rezoning or development of land; or 19

(ii) carry out road works on a local government road; or 20

(iii) make changes to the management of a local government 21road; and 22

(b) the approval, works or change would— 23

(i) require works to be carried out on a railway; or 24

(ii) otherwise have a significant adverse impact on a railway; or 25

(iii) have a significant impact on the planning of a railway or a 26future railway. 27

‘(2) The chief executive must give a copy of any guidelines to each 28relevant local government. 29

s 11 51


s 11

˙‘Fencing new railways 1

‘71ZZX.(1) A railway manager need not contribute to the fencing of any 2part of the boundary of land that is— 3

(a) a future railway; or 4

(b) acquired for a widening or deviation of a railway. 5

‘(2) Subsection (1) does not apply if— 6

(a) the land acquired was substantially fenced; and 7

(b) the railway’s presence may make the fencing ineffective. 8

˙‘Works for existing railways 9

‘71ZZY.(1) This section applies— 10

(a) while a railway existing at the commencement (the “existing 11railway”) continues to be operated as a railway; and 12

(b) to the owners and occupiers of land next to the existing railway 13(the “neighbouring land”). 14

‘(2) Queensland Rail must, within a reasonable time, construct and 15maintain— 16

(a) works that are necessary to make good any interruptions caused 17by the existing railway to the use of the neighbouring land; and 18

(b) works that are necessary to— 19

(i) separate the existing railway from the neighbouring land; 20and 21

(ii) protect the stock straying from the neighbouring land onto 22the railway; and 23

(c) sufficient works to ensure the neighbouring land’s drainage is as 24good, or nearly as good, as it was before the existing railway was 25constructed. 26

‘(3) Queensland Rail may satisfy its obligation under subsection (2)(b) 27by constructing and maintaining a fence of substantially similar quality to 28any fence around the neighbouring land when the railway was constructed. 29

‘(4) This section does not require Queensland Rail to— 30

s 11 52


s 11

(a) construct or maintain works in a way that would prevent or 1obstruct the use of the existing railway; or 2

(b) construct or maintain works for owners or occupiers who agreed 3to receive, and have been paid, compensation in place of the 4works. 5

‘(5) The Land Court must decide any dispute about the adequacy of 6works or maintenance under this section. 7

‘(6) If the owner or occupier of neighbouring land considers that works 8carried out under this section are insufficient for the convenient use of the 9land, the owner or occupier may, with Queensland Rail’s agreement, carry 10out further works at the owner’s or occupier’s expense. 11

‘(7) Queensland Rail may, by written notice given to the owner or 12occupier, require the further works to be carried out— 13

(a) under the supervision of a person nominated by Queensland Rail; 14and 15

(b) according to plans and specifications approved by Queensland 16Rail. 17

‘(8) Queensland Rail must attempt to keep the cost of the further works 18to a reasonable level. 19

‘(9) Until Queensland Rail carries out the works mentioned in 20subsection (2), the owner or occupier of the neighbouring land, and their 21employees and agents, may cross the existing railway next to the land with 22vehicles and livestock. 23

‘(10) The crossing must be made directly, and in a way that is safe and 24does not damage or obstruct the railway. 25

‘(11) However, subsection (9) does not apply to an owner or occupier 26who agreed to receive, and has been paid, compensation in place of the 27works. 28

‘(12) A person must shut and lock a gate set up under this section at 29either side of an existing railway as soon as the person, and any vehicles or 30livestock in the person’s care, have passed through the gate. 31


s 11 53


s 11

˙‘Non-accredited railways 1

‘71ZZZ.(1) A non-accredited railway may be connected, either directly 2or through another non-accredited railway, to the railway of an accredited 3railway manager with the manager’s written agreement. 4

‘(2) Unless the parties otherwise agree, the manager is not liable for any 5injury, loss or damage arising from an act done, or omission made, 6honestly and without negligence, on the non-accredited railway. 7

‘(3) Subject to any agreement between the manager and the 8non-accredited railway manager, the manager may— 9

(a) disconnect the non-accredited railway from the railway; or 10

(b) close the connection between the non-accredited railway and the 11railway. 12

‘(4) Before taking action under subsection (3), the manager must— 13

(a) give at least 3 months notice of the proposed action; or 14

(b) get the written agreement of the non-accredited railway manager 15to the proposed action. 16

‘(5) For the disconnection, the manager may, by written notice, require 17the non-accredited railway manager to take away any part of the railway on 18land managed by the manager. 19

‘(6) If the non-accredited railway manager does not take it away within a 20reasonable time, the manager may take it away and recover the costs from 21the non-accredited manager. 22

‘(7) If the manager maintains the non-accredited railway the manager 23may exercise its powers under this Act in relation to the non-accredited 24railway. 25

‘(8) A person must not construct a non-accredited railway on a 26watercourse without the Minister’s written approval. 27

‘(9) If a railway operator operates rolling stock over a non-accredited 28railway, the railway operator may exercise its powers under this Act in 29relation to the non-accredited railway. 30

s 12 54


s 14


“non-accredited railway” means a railway managed by a non-accredited 2railway manager. 3

“non-accredited railway manager” means a person who is not required 4to be accredited for a railway because of section 71H(3).16 5

˙‘Application of Land Act 1994 6

‘71ZZZA. The following provisions of the Land Act 1994 do not apply 7to a lease of existing rail corridor land, new rail corridor land or non-rail 8corridor land— 9

• section 157 (Expiry of lease) 10

• section 183 (Rent payable) 11

• section 204 (Survey condition) 12

• section 211 (Conditions must be reviewed).’. 13

˙Amendment of s 72 (Definitions) 14

Clause 12. Section 72, heading— 15

omit, insert— 16

‘Definitions for chapter’. 17

˙Omission of ss 99 and 100 18

Clause 13. Sections 99 and 100— 19

omit. 20

˙Insertion of new ss 105A and 105B 21

Clause 14. After section 105— 22

insert— 23

16 Section 71H (Accreditation of managers and operators)

s 15 55


s 15

˙‘No need to prove appointments 1

‘105A. In a proceeding for an offence against this Act, there is no need to 2prove the appointment of a person who is an authorised person for a 3railway. 4

˙‘Prosecutions for railway offences 5

‘105B.(1) This section applies to an offence against this Act committed 6by a person while the person was travelling on a railway. 7

‘(2) A complaint for the offence may be heard at a place appointed for 8holding Magistrates Courts within any of the districts through which the 9person travelled on the railway. 10

‘(3) This section has effect despite, but does not limit, the Justices Act 111886, section 139.17’. 12

˙Insertion of new s 110A 13

Clause 15. In chapter 7— 14

insert— 15

˙‘Application of Freedom of Information Act and Judicial Review Act 16

‘110A.(1) The Freedom of Information 1992 does not apply to a 17document received or brought into existence by a transport GOC in carrying 18out its excluded activities. 19

‘(2) The Judicial Review Act 1991 does not apply to a decision of a 20transport GOC made in carrying out its excluded activities. 21

‘(3) A regulation may declare the activities of a transport GOC that are 22taken to be, or are taken not to be, activities conducted on a commercial 23basis. 24


“commercial activities” means activities conducted on a commercial basis. 26

17 Section 139 (Where summary cases to be heard)

s 16 56


s 16

“community service obligations” has the same meaning as in the 1Government Owned Corporations Act 1993. 2

“excluded activities” means— 3

(a) commercial activities; or 4

(b) community service obligations prescribed under a regulation. 5

“transport GOC” means a GOC whose functions relate mainly to 6transport.’. 7

˙Insertion of ch 8, new pt 1A 8

Clause 16. In chapter 8— 9

insert— 10

†‘PART 1A—SAVINGS AND TRANSITIONAL 11

PROVISIONS ABOUT RAILWAYS 12

†‘Division 1—Provisions about land 13

˙‘Existing rail corridor land 14

‘126A.(1) On the commencement— 15

(a) existing rail corridor land becomes unallocated State land; and 16

(b) the Governor in Council must lease the land to the State under the 17Land Act 1994, section 17(b)18. 18

‘(2) The lease is in perpetuity and, if demanded, for a rent of $1 per year. 19

‘(3) The land must be immediately subleased to Queensland Rail. 20

‘(4) The sublease is to be for a term of 100 years and, if demanded, for a 21rent of $1 per year. 22

‘(5) The sublease is to give Queensland Rail an option to take up a 23further sublease on the same terms for a further 100 years. 24

18 Section 17 (Granting land to the State)

s 16 57


s 16

‘(6) Subsection (1) has effect even though the boundaries of the land 1may not be precisely identified. 2

‘(7) Despite subsection (1), any structures attached to the land (whether 3before or after the commencement) are Queensland Rail’s property until 4Queensland Rail disposes of them. 5


“structures” includes rail transport infrastructure and any other works. 7

˙‘Boundary identification etc. 8

‘126B.(1) Queensland Rail and the chief executive must progressively, 9and within 5 years after the commencement, identify— 10

(a) the boundaries of existing rail corridor land; and 11

(b) the parts and boundaries of old QR land (other than existing rail 12corridor land or commercial corridor land) that— 13

(i) are mentioned in transport infrastructure strategies; and 14

(ii) they consider are of strategic importance to the State as part 15of a transport corridor. 16

‘(2) The identification may be done by compilation, survey or another 17way sufficient to identify the land. 18

‘(3) The chief executive must notify the boundaries in the gazette. 19

‘(4) For land identified under subsection (1)(b), the notice must declare 20the land to be non-rail corridor land. 21

‘(5) On the declaration of the land as non-rail corridor land— 22

(a) the land becomes unallocated State land; and 23

(b) the Governor in Council must lease the land to the State under the 24Land Act 1994, section 17(b).19 25

‘(6) The lease is in perpetuity and, if demanded, for a rent of $1 per year. 26

‘(7) A regulation made within 5 years after the commencement may 27extend the period mentioned in subsection (1) by not more than 2 years. 28

19 Section 17 (Granting land to the State)

s 16 58


s 16

˙‘Effect of land becoming unallocated State land 1

‘126C.(1) Subsection (2) applies if, immediately before becoming 2unallocated State land under this division, existing rail corridor land or 3non-rail corridor land was subject to a lease to someone else. 4

‘(2) The lease continues on the same terms as a sublease— 5

(a) for existing rail corridor land—from Queensland Rail to the 6person; or 7

(b) for non-rail corridor land—from the State to the person. 8

‘(3) If, immediately before land becomes unallocated State land under 9this part, a person had a right to use the land that does not derive from a 10lease, the right continues. 11

˙‘Exemption from fees 12

‘126D. No fee is payable for the lodgment and registration of any 13instrument required to give effect to this division or section 126I.20 14

˙‘Expiry of division etc. 15

‘126E.(1) This division is a law to which the Acts Interpretation Act 161954, section 20A21 applies. 17

‘(2) This division expires 7 years after it commences. 18

†‘Division 2—Other provisions 19

˙‘Interim accreditation 20

‘126F.(1) Queensland Rail is taken to be accredited as the railway 21manager for a railway that— 22

20 Section 126I (Continuation of Transport Infrastructure Railways Act 1991, ss 49and 51)

21 Section 20A (Repeal does not end savings, transitional or validating effect etc.)

s 16 59


s 16

(a) was, immediately before the commencement, built or being 1maintained by the previous rail corporation; or 2

(b) is built or maintained by Queensland Rail before this section 3expires. 4

‘(2) Queensland Rail is taken to be accredited as a railway operator for a 5railway on which— 6

(a) immediately before the commencement, the previous rail 7corporation was operating rolling stock; or 8

(b) rolling stock is operated by Queensland Rail before this section 9expires. 10

‘(3) Each other person who, immediately before the commencement, 11maintained a railway is taken to be accredited as the railway manager for the 12railway. 13

‘(4) Each other person who, immediately before the commencement, 14operated rolling stock on a railway is taken to be accredited as a railway 15operator for the railway. 16

‘(5) Subsection (3) or (4) does not apply to a person to whom 17section 71H(3)22 applies. 18

‘(6) This section expires 2 years after it commences or, if an earlier date 19is prescribed under a regulation, on that date. 20

‘(7) A regulation made before the expiry of this section may extend the 212 year period mentioned in subsection (6) by not more than 6 months. 22

˙‘Advertising on railway land 23

‘126G.(1) This section applies if a site on old QR land was being used 24for advertising immediately before the commencement. 25

‘(2) The site may be used for advertising while the land remains 26commercial corridor land, existing rail corridor land, non-rail corridor land 27or old QR land. 28

22 Section 71H(3) (Accreditation of managers and operators)

s 16 60


s 16

‘(3) The approval of a body other than Queensland Rail is not necessary 1for advertising on the site. 2

‘(4) This section expires 5 years after it commences. 3

˙‘Permissions to extend roads etc. 4

‘126H.(1) A permission in force under the Transport Infrastructure 5(Railways) Act 1991, section 5823 is taken to be a permission under section 671ZZQ.24 7

‘(2) This section is a law to which the Acts Interpretation Act 1954, 8section 20A25 applies. 9

‘(3) This section expires on the day it commences. 10

˙‘Continuation of Transport Infrastructure (Railways) Act 1991, ss 49 11and 51 12

‘126I.(1) The Transport Infrastructure (Railways) Act 1991, sections 49 13and 5126 continue to have effect. 14

‘(2) The sections have effect as if a reference to Queensland Railways 15were a reference to Queensland Rail. 16

‘(3) This section has effect despite the repeal of the Transport 17Infrastructure (Railways) Act 1991. 18


‘(5) A regulation made within 5 years after the commencement may 20extend the period mentioned in subsection (4) by not more than 2 years. 21

23 Section 58 (Agreement for extension of certain roads through or over lands ofQueensland Railways)

24 Section 71ZZQ (Extending roads etc. through or over railway land)


26 Section 49 (Land vests in Queensland Railways)Section 51 (Title under repealed Act)

s 16 61


s 16

˙‘Continuation of Transport Infrastructure (Railways) Act 1991, ss 47, 148 and 50 2

‘126J.(1) The Transport Infrastructure (Railways) Act 1991, sections 347, 48 and 5027 continue to have effect for the resumption of land that— 4

(a) was started by the previous rail corporation before the 5commencement; but 6

(b) had not finished at the commencement. 7

‘(2) The sections have effect as if a reference to Queensland Railways 8were a reference to Queensland Rail. 9

‘(3) Under subsection (1), a resumption of land started when a notice of 10intention to resume was given to the land’s owner. 11

‘(4) This section has effect despite the repeal of the Transport 12Infrastructure (Railways) Act 1991. 13

‘(5) This section expires 5 years after it commences or, if an earlier date 14is prescribed under a regulation, on that date. 15

˙‘Existing contracts 16

‘126K.(1) To remove any doubt about contracts entered into by the 17previous rail corporation before the commencement, Queensland Rail is 18taken to represent the State for the contracts. 19

‘(2) This section is a law to which the Acts Interpretation Act 1954, 20section 20A28 applies. 21


˙‘Existing transaction documents 23

‘126L.(1) The purpose of this section is to remove any doubt about the 24effect of this Act in relation to transaction documents in existence 25immediately before the introduction day. 26

27 Section 47 (Land may be taken for the purposes of Act)Section 48 (Queensland Railways may acquire certain small parcels)Section 50 (Taking Crown land)


s 16 62


s 16

‘(2) On and after the introduction day, Queensland Rail is taken to 1represent the State under each transaction document, and the duties and 2obligations of the previous rail corporation under each transaction document 3are taken to be duties and obligations of the State. 4

‘(3) The State may guarantee payments and obligations under a 5transaction document. 6

‘(4) This section has effect, and is taken always to have had effect, as if it 7commenced on the introduction day. 8

‘(5) This section is a law to which the Acts Interpretation Act 1954, 9section 20A applies. 10


“introduction day” means the day the Transport Infrastructure 12Amendment (Rail) Bill 1995 was introduced into the Legislative 13Assembly. 14

“transaction document” means— 15

(a) a document, including a lease, sublease or guarantee, connected 16with a financial arrangement listed in Queensland Railways 17schedule of leases approved by the Minister on or before the 18introduction day; or 19

(b) a document declared under a regulation to be a transaction 20document. 21

‘(7) A regulation made under subsection (6), definition “transaction 22document”, paragraph (b) may be given retrospective operation to a day not 23earlier than the introduction day. 24

‘(8) This section is in addition to the Government Owned Corporations 25Act 1993. 26


˙‘Existing regulations 28

‘126M.(1) A regulation in force under the Transport Infrastructure 29(Railways) Act 1991 immediately before the commencement remains in 30force for this Act, but subject to amendment or repeal by a regulation under 31this Act. 32

s 17 63


s 17

‘(2) The regulation is to be read with the changes necessary to make it 1consistent with, and adapt its operation to, this Act. 2

‘(3) The regulation expires 6 months after the commencement unless 3earlier repealed. 4

‘(4) This section expires 6 months after the commencement. 5

˙‘Transitional regulations 6

‘126N.(1) A regulation may make provision about a matter for which— 7

(a) provision is made under the Transport Infrastructure (Railways) 8Act 1991; and 9

(b) in the opinion of the Governor in Council, no provision, or 10insufficient provision, is made about the matter under this part. 11

‘(2) A regulation made for this part may be given retrospective effect to a 12day not earlier than the commencement. 13

‘(3) This section, and any regulation under it, expire on 1 July 1996. 14

˙‘Numbering and renumbering of Act 15

‘126O. The Reprints Act 1992, section 4329 must be used in the next 16reprint of this Act produced under the Reprints Act 1992.’. 17

˙Insertion of new ch 8, pt 3, div 1A 18

Clause 17. Chapter 8, part 3— 19

insert— 20

†‘Division 1A—Transition of references about railways 21

˙‘Application of division 22

‘151A. This division applies to references in Acts (other than this Act) in 23existence at its commencement. 24

29 Section 43 (Numbering and renumbering of provisions)

s 18 64


s 19

˙‘Railways Act 1914 references 1

‘151B. A reference to the Railways Act 1914 is taken to be a reference to 2this Act. 3

˙‘Transport Infrastructure (Railways) Act 1991 references 4

‘151C. A reference to the Transport Infrastructure (Railways) Act 1991 5is taken to be a reference to this Act. 6

˙‘Commissioner for railways references 7

‘151D. A reference to the commissioner for railways is taken to be a 8reference to— 9

(a) for the commissioner as a corporation sole—Queensland Rail; or 10

(b) for the commissioner as an individual—the chief executive of 11Queensland Rail. 12

˙‘Railways Department references 13

‘151E. A reference to the Railways Department is taken to be a reference 14to Queensland Rail. 15

˙‘Queensland Railways references 16

‘151F. A reference to Queensland Railways is taken to be a reference to 17Queensland Rail.’. 18

˙Omission of ch 8, pt 3, div 3 (Transition of references about railways) 19

Clause 18. Chapter 8, part 3, division 3— 20

omit. 21

˙Amendment of sch 1 (Subject matter for regulations) 22

Clause 19. Schedule 1— 23

insert— 24

s 20 65


s 20

‘11. The rights and obligations of persons on a railway. 1

‘12. The removal by a railway owner of vehicles, goods or other 2property that are— 3

(a) abandoned on its railway; or 4

(b) parked or left against the railway manager’s directions. 5

‘13. The sale or other disposal by a railway manager of vehicles, goods 6or other property abandoned on its railway. 7

‘14. The recovery by a railway manager of the costs of doing the things 8mentioned in items 12 and 13. 9

‘15. Alcohol breath tests, drug tests and medical examinations that may 10be required by an authorised person for a railway.’. 11

˙Amendment of sch 2 (Appeals) 12

Clause 20. Schedule 2— 13

insert— 14

‘71K Refusal to grant accreditation District

71K Granting accreditationsubject to conditions

District

71O(2) Refusal to amendaccreditation conditions

District orMagistrates

71P(3) Amendment of accreditationconditions


71P(7) Amendment of accreditationconditions


71Q(3) Suspension or cancellation ofaccreditation


71R(2) Immediate suspension ofaccreditation


71X(2) Refusal to allow later time togive notice for compensation

Magistrates

71Y Refusal to approve diversion Magistrates

s 20 66


s 20

or construction ofwatercourse

71Z(2) Direction requiring works tostop, be altered or not started


71Z(4) Requirement to alter,demolish or take awayworks


71Z(6) Decision to alter, demolishor take away works


71Z(6) Decision about cost ofaltering, demolishing ortaking away works

District orMagistrates’.

˙Amendment of sch 3 (Dictionary) 1

Clause 21.(1) Schedule 3, definitions “occupier”, “on”, “owner” and “rail 2transport infrastructure”— 3

omit. 4

(2) Schedule 3— 5

insert— 6

‘ “accredited person”, for chapter 5A30, means a railway manager or 7operator for whom an accreditation is in force under the chapter. 8

“alter” includes add to. 9

“authorised person”, for a railway, means— 10

(a) a police officer; or 11

(b) a person who holds an appointment as an authorised person for 12the railway under the Transport Operations (Passenger 13Transport) Act 1994, section 115B.31 14

“carry out” road or railway works means do anything on land that is 15reasonably necessary or desirable for the works, including, for 16

30 Chapter 5A (Rail transport infrastructure)

31 Section 115B (Appointment of authorised person by chief executive)

s 21 67


s 21

example, temporarily occupy or use the land. 1

“commercial corridor land” means old QR land— 2

(a) on or within which rail transport infrastructure is situated; and 3

(b) notified by the chief executive in the gazette. 4

“competition principles” see section 71D. 5

“existing rail corridor land” means old QR land— 6

(a) on or within which rail transport infrastructure is situated; and 7

(b) that is not commercial corridor land. 8

“future railway land” means land about which the chief executive has, by 9written notice to the relevant local government and in the gazette, 10indicated that the land is intended to be used for a railway. 11

“interfere with” a railway means— 12

(a) carry out works on the railway; or 13

(b) otherwise interfere with the railway or its operation. 14

“maintenance”, for chapters 5 and 5A32, includes— 15

(a) rehabilitation; and 16

(b) replacement; and 17

(c) repair; and 18

(d) recurrent servicing; and 19

(e) preventive and remedial action; and 20

(f) removal; and 21

(g) alteration; and 22

(h) maintaining systems and services for transport infrastructure. 23

“new rail corridor land” means land that is leased to a railway manager 24under section 71ZZG.33 25

32 Chapter 5 (Road transport infrastructure)Chapter 5A (Rail transport infrastructure)

33 Section 71ZZG (Lease of land to railway managers)

s 21 68


s 21

“non-rail corridor land” means old QR land declared to be non-rail 1corridor land.34 2

“occupier”, of land, for chapters 5, 5A and 735, means— 3

(a) the person in actual occupation of the land; or 4

(b) if there is no person in actual occupation—the person entitled to 5possession of the land; 6

and, for a watercourse or reserve, includes the person responsible for 7the care and management of the watercourse or reserve. 8

“old QR land” means land (other than an easement in land) that, 9immediately before the commencement of the Transport 10Infrastructure Amendment (Rail) Act 1995, section 4— 11

(a) was held by the previous rail corporation in fee simple; or 12

(b) could be granted in fee simple to the previous rail corporation 13under the Transport Infrastructure (Railways) Act 1991, 14section 49(2).36 15

“on” a railway, road or other land includes over or under the land. 16

“other rail infrastructure” means— 17

(a) freight centres or depots; or 18

(b) maintenance depots; or 19

(c) office buildings or housing; or 20

(d) rolling stock or other vehicles that operate on a railway; or 21

(e) workshops; or 22

(f) any railway track, works or other thing that is part of anything 23mentioned in paragraphs (a) to (e). 24

“owner”, of land, includes— 25

34 See section 111B (Boundary identification).

35 Chapter 5 (Road transport infrastructure)Chapter 5A (Rail transport infrastructure)Chapter 7 (General provisions)

36 Section 49(2) (Land vests in Queensland Railways)

s 21 69


s 21

(a) the lessee or licensee from the State of the land; or 1

(b) the person who has lawful control of the land, on trust or 2otherwise; or 3

(c) the person who is entitled to receive the rents and profits of the 4land. 5

“previous rail corporation” means Queensland Railways. 6

“rail transport infrastructure” means facilities necessary for operating a 7railway, including— 8

(a) railway track and works built for the railway, including, for 9example— 10

• cuttings 11

• drainage works 12

• excavations 13

• land fill 14

• track support earthworks; and 15

(b) any of the following things that are associated with the railway’s 16operation— 17

• bridges 18

• communication systems 19

• machinery and other equipment 20

• marshalling yards 21

• notice boards, notice markers and signs 22

• overhead electrical power supply systems 23

• over-track structures 24

• platforms 25

• power and communication cables 26

• service roads 27

• signalling facilities and equipment 28

• stations 29

s 21 70


s 21

• survey stations, pegs and marks 1

• train operation control facilities 2

• tunnels 3

• under-track structures 4

but does not include other rail infrastructure. 5

“railway crossing” means a level crossing, bridge or another structure 6used to cross over or under a railway. 7

“railway manager”, for a railway, means the person who— 8

(a) is legally entitled to manage the rail transport infrastructure of a 9railway; and 10

(b) operates the railway’s train control, signalling and communication 11facilities. 12

“railway operator” means a person who operates rolling stock on a 13railway. 14

“railway works” means works for— 15

(a) planning a railway; or 16

(b) constructing, maintaining, altering or operating a railway or 17rolling stock, and 18

includes works declared by regulation to be railway works. 19

“reasonably” means on grounds that are reasonable in all the 20circumstances. 21

“rolling stock” means a vehicle that— 22

(a) operates on a railway; and 23

(b) is used, or proposed to be used, to transport passengers or freight 24on a railway track for reward. 25

“serious incident” means an incident that has caused, or could have 26caused, significant property damage, serious injury or death. 27

“sugar tramway” means a tramway— 28

(a) operated, entirely or partly, on an easement under the Sugar 29

s 22 71


s 22

Industry Act 1991, part 1137 or the Sugar Milling Rationalisation 1Act 1991, part 438; and 2

(b) used, or proposed to be used, to transport sugar cane, sugar or 3sugar cane by-products; and 4

(c) that does not transport passengers or other freight for reward. 5

“wilfully” means deliberately or recklessly. 6

“works” includes activities.’. 7

(3) Schedule 3, definition “land”, paragraph (b)— 8

omit, insert— 9

‘(b) for chapter 5A39 includes— 10

(i) a reserve within the meaning of the Land Act 1994 or a road; 11and 12

(ii) land within the beds or banks of a stream, watercourse or 13inundated land; or 14

(c) for chapter 5A, part 7—includes the airspace above, and the land 15below, the surface; or 16

(d) for chapter 6—see section 72.’. 17

†PART 3—REPEALS AND AMENDMENTS OF OTHER 18

ACTS 19

˙Acts repealed 20

Clause 22. The following Acts are repealed— 21

37 Part 11 (Easements and permits to use land)

38 Part 4 (Easements)

39 Chapter 5A (Rail transport infrastructure)Chapter 5A, part 7 (Land for railway purposes)Chapter 6 (Port infrastructure)

s 23 72


s 23

• Railways Land Acquisition Act 1977 No. 17 1

• Transport Infrastructure (Railways) Act 1991 No. 28 2

• Transport Infrastructure (Railways) Amendment Act 1993 3No. 69. 4

˙Amendment of other Acts 5

Clause 23. The schedule amends the Acts mentioned in it. 6

7

73


¡SCHEDULE 1

†AMENDMENT OF OTHER ACTS 2

section 23 of the Act 3

CITY OF BRISBANE ACT 1924 4

1. Section 47(1)— 5

insert— 6

‘(e) the following land under the Transport Infrastructure Act 1994— 7

(i) strategic port land occupied by a port authority, the State, or 8a government entity (within the meaning of the Government 9Owned Corporations Act 1993); and 10

(ii) existing or new rail corridor land; and 11

(iii) commercial corridor land that is not subject to a lease.’. 12

FREEDOM OF INFORMATION ACT 1992 13

1. Schedule 2, item 1— 14

insert— 15

‘1. Queensland Rail, or a port 16authority (within the meaning of the 17Transport Infrastructure Act 1994), 18that is a GOC

Transport Infrastructure Act 1994,s 110A’.

74


JUDICIAL REVIEW ACT 1991 1

1. Schedule 6, item 1— 2

insert— 3

‘1. Queensland Rail, or a port 4authority (within the meaning of the 5Transport Infrastructure Act 1994), 6that is a GOC

Transport Infrastructure Act 1994,s 110A’.

LAND ACT 1962 7

1. Section 40(1)— 8

omit, insert— 9

‘40.(1) A single member sitting alone constitutes the court for the 10exercise of its jurisdiction under any Act, unless the Act expressly provides 11that the court’s jurisdiction must be exercised by the court constituted in 12another way.’. 13

LAND ACT 1994 14

1. Section 98(1)— 15

omit, insert— 16

‘98.(1) If, after inquiry and notice the Minister considers appropriate, the 17Minister is satisfied a road is not needed, the Minister may, by gazette 18notice, permanently or temporarily close the road.’. 19

2. Section 183(5)— 20

insert— 21

75


‘(c) for a lease, licence or permit given or issued to the State or a 1government owned corporation.’. 2

3. Section 257— 3

insert— 4

‘(f) if existing rail corridor land, new rail corridor land, non-rail 5corridor land or commercial corridor land (within the meaning of 6the Transport Infrastructure Act 1994) is not subject to a 7commercial lease—a person to clear trees from the land for 8routine transport corridor management and safety purposes.’. 9

4. Section 340(2)— 10

omit, insert— 11

‘(2) If the mortgagor is registered as a trustee, a document stating the 12details of the trust, or the document creating the trust, must be deposited 13with the mortgage, unless— 14

(a) a document has already been produced for the trust under section 15374(2)40 or deposited under section 375(2)41 with a transfer; and 16

(b) the details of the trust have not since changed.’. 17

5. Section 393— 18

insert— 19

‘(5) If the chief executive delegates powers about the land registry to the 20registrar of titles, the registrar may subdelegate the powers to an officer or 21employee of the department under the control of the registrar. 22

‘(6) A person acting under a subdelegation given under subsection (5) 23may act under the title ‘registrar of titles’.’. 24

40 Section 374 (Details of trust must be given)

41 Section 375 (Interests held in trust must be registered)

76


6. Section 521(1), ‘sections 39 and 40’— 1

omit, insert— 2

‘section 39’. 3

7. Schedule 6, definition “pre-Wolfe freeholding lease”, paragraph 4(f)— 5

omit, insert— 6

‘(f) a mining titles freeholding lease.’. 7

8. Schedule 5, amendment 7, s 73(2) of the Land Title Act 1994, 8‘borrowing’— 9

omit, insert— 10

‘registered’. 11

9. Schedule 6— 12

insert— 13

‘ “mining titles freeholding lease” means a mining titles freeholding lease 14issued under the Mining Titles Freeholding Act 1980, and includes a 15replacement document issued under section 502.42’. 16

LOCAL GOVERNMENT ACT 1993 17

1. Section 515— 18

insert— 19

‘(3) However, a local government cannot make a local law about a 20

42 Section 502 (Replacement mining titles freeholding leases)

77


railway to which the Transport Infrastructure Act 1994, chapter 5A43 1applies.’. 2

2. Section 553(1)(e)— 3

renumber as paragraph (f). 4

3. Section 553(1)— 5

insert— 6

‘(e) the following land under the Transport Infrastructure Act 1994— 7

(i) strategic port land occupied by a port authority, the State, or 8a government entity; and 9

(ii) existing or new rail corridor land; and 10

(iii) commercial corridor land that is not subject to a lease; and’. 11

TRANSPORT OPERATIONS (PASSENGER 12

TRANSPORT) ACT 1994 13

1. Section 14(2)(a)— 14

omit, insert— 15

‘(a) public passenger services provided by a railway operator; or’. 16

2. Section 26(2)(a)— 17

omit, insert— 18

‘(a) public passenger services provided by a railway operator; or’. 19


78


3. After section 101— 1

insert— 2

‘Standards do not apply to railway managers or operators 3

‘101A. Standards do not apply to railway managers or operators.’. 4

4. In chapter 11— 5

insert— 6

‘PART 1A—AUTHORISED PERSONS FOR 7

RAILWAYS 8

‘Appointment of authorised persons for railways 9

‘115B.(1) Every police officer is an authorised person for every railway. 10

‘(2) The chief executive may appoint an employee of a railway manager 11or operator to be an authorised person for the railway. 12

‘(3) The chief executive may appoint a person to be an authorised person 13for the railway only if— 14

(a) the chief executive considers the person has the necessary 15expertise or experience to be an authorised person; or 16

(b) the person has satisfactorily finished training approved by the 17chief executive. 18

‘(4) The chief executive may limit the powers of an authorised person 19(other than a police officer) by written notice given to the person. 20

‘(5) An authorised person may only exercise a power under this Act for 21the railway for which the person was appointed. 22

‘Identity cards 23

‘115C.(1) This section does not apply to an authorised person for a 24railway who is a police officer. 25

‘(2) A railway manager or operator must give each of its employees who 26is an authorised person an identity card. 27

79


‘(3) The identity card must— 1

(a) contain a recent photograph of the person; and 2

(b) be signed by the person; and 3

(c) identify the person as an authorised person for the railway; and 4

(d) state an expiry date. 5

‘(4) A person who stops being an authorised person for the railway must 6return the person’s identity card to the railway manager or operator as soon 7as practicable (but within 21 days) after the person stops being an 8authorised person, unless the person has a reasonable excuse. 9


‘(5) This section does not prevent the giving of a single identity card to 11the person for this and other Acts. 12

‘Producing or displaying authorised person’s identity card 13

‘115D.(1) This section does not apply to a uniformed police officer. 14

‘(2) An authorised person for a railway may exercise a power in relation 15to anyone only if— 16

(a) the person— 17

(i) for an authorised person who is a police officer—first 18produces the person’s police identity card for the other 19person’s inspection; or 20

(ii) for any other authorised person—first produces the person’s 21identity card for the other person’s inspection; or 22

(b) the authorised person has the person’s identity card displayed so 23it is clearly visible to the other person. 24

‘(3) However, if for any reason it is not practicable to comply with 25subsection (2) before exercising the power, the authorised person must 26produce the identity card as soon as it is practicable. 27

‘Protection from liability 28

‘115E.(1) In this section— 29

80


“official” means— 1

(a) an authorised person for a railway; or 2

(b) a person acting under an authorised person’s direction. 3

‘(2) An official is not civilly liable for an act done, or omission made, 4honestly and without negligence under this Act. 5

‘(3) If subsection (2) prevents a civil liability attaching to a person, the 6liability attaches instead to— 7

(a) if the authorised person is employed by a railway manager or 8operator—the manager or operator; or 9

(b) in any other case—the State.’. 10


insert— 12

‘PART 5—POWERS OF AUTHORISED PERSONS 13

FOR RAILWAYS 14

‘Power to require name and address etc. 15

‘132A.(1) An authorised person for a railway may require a person to 16state the person’s name and address if the authorised person— 17

(a) finds the person committing an offence (a “relevant offence”) 18against this Act or the Transport Infrastructure Act 1994, 19chapter 5A44; or 20

(b) finds the person in circumstances that lead, or has information 21that leads, the authorised person to reasonably suspect the person 22has just committed a relevant offence. 23

‘(2) The authorised person may also require the person to state the 24person’s age if the authorised person reasonably suspects the person’s age 25is required for the enforcement of this Act or the Transport Infrastructure 26Act 1994, chapter 5A. 27


81


‘(3) When making the requirement, the authorised person must warn the 1person that it is an offence to fail to state the person’s name and address 2and, if relevant, age unless the person has a reasonable excuse. 3

‘(4) The authorised person may require the person to give evidence of the 4correctness of the person’s stated name, address or age if the authorised 5person reasonably suspects the stated name, address or age is false. 6

‘(5) A person must comply with the authorised person’s requirement 7under subsection (1), (2) or (4), unless the person has a reasonable excuse 8for not complying with it. 9



(a) the person has just committed an offence against subsection (5); 13and 14


‘(7) A person does not commit an offence against this section if— 17

(a) the person was required to state the person’s name and address 18by an authorised person who suspected the person had committed 19a relevant offence; and 20

(b) the person is not proved to have committed the offence. 21

‘Power to require information from certain persons 22

‘132B.(1) This section applies if an authorised person for a railway 23reasonably suspects— 24

(a) an offence against this Act has just been committed; and 25

(b) the offence relates to the construction, operation or maintenance 26of a railway; and 27

(c) a person may be able to give information about the offence. 28

‘(2) The authorised person may require the person to give information 29about the offence. 30

82


‘(3) When making the requirement, the authorised person must warn the 1person it is an offence to fail to give the information, unless the person has a 2reasonable excuse. 3

‘(4) The person must give the information, unless the person has a 4reasonable excuse. 5


‘(5) It is a reasonable excuse for an individual to fail to give information 7if giving it might tend to incriminate the individual. 8

‘(6) The person does not commit an offence against this section if the 9information sought by the authorised person is not in fact relevant to the 10offence. 11

‘Power to require production of tickets 12

‘132C.(1) An authorised person for a railway may require anyone who 13is travelling by rail to produce to the authorised person the person’s ticket 14for the journey. 15

‘(2) If an authorised person reasonably suspects a person who is at a 16railway station has just travelled by rail, the person may require the person 17to produce to the authorised person the person’s ticket for the journey. 18

‘(3) If an authorised person reasonably suspects a ticket produced to the 19authorised person is an invalid ticket, the authorised person may require the 20person to give it to the authorised person. 21

‘(4) The person must comply with a requirement under subsection (1) to 22(3), unless the person has a reasonable excuse. 23


‘(5) A person does not commit an offence against subsection (4) because 25of subsection (1) if, immediately before the person started the journey, the 26railway station where the person started the journey— 27

(a) was not open for business; and 28

(b) was not equipped with an automatic ticket machine that was able 29to dispense tickets at the time. 30

83


‘Power to require person to leave train etc. 1

‘132D.(1) An authorised person for a railway may direct a person to 2leave a railway, or a train or other passenger vehicle being operated by a 3railway manager or operator, if— 4

(a) the authorised person finds the person committing an offence 5against section 132E, 132F or 132G, or the Transport 6Infrastructure Act 1994, section 71ZZU;45 and 7

(b) the authorised person reasonably believes the person may 8continue to commit or immediately repeat the offence. 9

‘(2) However, the authorised person may not give the direction if 10obeying the direction could put the person’s safety at risk. 11

‘(3) The person must obey the direction, unless the person has a 12reasonable excuse. 13


‘(4) If the person does not obey the direction, the authorised person may 15use force that is reasonable to get the person to leave. 16

‘PART 6—RAILWAY OFFENCES 17

‘Creating disturbance on trains etc. 18

‘132E. A person must not create a disturbance or create a nuisance while 19on a railway, or a train or other passenger vehicle being operated by a 20railway manager or operator, unless the person has a reasonable excuse. 21



45 Section 132E (Creating a disturbance on trains etc.)Section 132F (Travelling without paying fare etc.)Section 132G (Travelling on invalid ticket)Section 71ZZU (Interfering with railway)

84


(a) the person has just committed an offence against subsection (1); 1and 2


‘Travelling without paying fare etc. 5

‘132F.(1) A person must not, without reasonable excuse, travel by 6railway unless— 7

(a) before starting the journey, the person— 8

(i) had paid the correct fare and obtained a ticket for the journey; 9or 10

(ii) if the correct fare could not be paid—had obtained a ticket 11for the journey from an automatic ticket machine and the 12cost of the ticket was more than the correct fare, or was less 13than the correct fare but as close as possible as could be 14obtained from the machine; or 15

(b) the person already had a ticket that authorised the person to travel 16on the journey. 17


‘(2) A person does not commit an offence against subsection (1) if, 19immediately before the person started on the journey, the railway station at 20which the person started the journey— 21

(a) was not open for business; and 22

(b) was not equipped with an automatic ticket machine that was 23capable of dispensing tickets. 24

‘(3) If— 25

(a) a person obtains a ticket from an automatic ticket machine before 26starting a journey by railway; and 27

(b) the cost of the ticket is less than the correct fare for the journey; 28

the person must, at or before the end of the journey, pay the difference to 29the railway operator, unless the person has a reasonable excuse. 30


85


‘(4) If— 1

(a) a person cannot comply with subsection (1)(a) before starting a 2journey by railway because of circumstances mentioned in 3subsection (2); and 4

(b) the person did not already have a ticket that authorised the person 5to travel on the journey; 6

the person must, at or before the end of the journey, pay the correct fare for 7the journey to the railway operator, unless the person has a reasonable 8excuse. 9


‘(5) A person does not commit an offence against subsection (3) or (4) 11for a journey if— 12

(a) the person was not required by an authorised person for a railway 13to produce the person’s ticket for the journey before the person 14left the railway station where the journey ended; and 15

(b) that railway station was not open for business when the journey 16ended. 17

‘(6) However, if at or before the end of the journey mentioned in 18subsection (3) or (4), the person is required by an authorised person for a 19railway to produce the person’s ticket, the person must immediately offer to 20pay the fare payable for the journey. 21


‘(7) A person must not, without reasonable excuse, travel by another 23transportation system provided by a railway manager or operator unless, 24before starting the journey, the person— 25

(a) had paid the correct fare and obtained a ticket for the journey; or 26

(b) the person already had a ticket that authorised the person to travel 27on the journey. 28


‘Travelling on invalid tickets 30

‘132G.(1) A person must not travel, or attempt to travel— 31

86


(a) by railway or by another transportation system provided by a 1railway manager or operator using an invalid ticket, unless the 2person has a reasonable excuse; or 3

(b) by railway in a railway carriage of a higher class to the class 4shown on the person’s ticket for the journey, unless the person 5has a reasonable excuse. 6

Maximum penalty—20 penalty units.’. 7


insert— 9

‘No need to prove appointments 10

‘140A. In a proceeding for an offence against this Act, there is no need to 11prove the appointment of an authorised person for a railway. 12

‘Prosecutions for railway offences 13

‘140B.(1) This section applies to an offence against this Act committed 14by a person while the person was travelling by rail. 15

‘(2) A complaint for the offence may be heard at a place appointed for 16holding Magistrates Courts within any of the districts through which the 17person travelled on the rail journey. 18

‘(3) This section has effect despite, but does not limit, the Justices Act 191886, section 13946.’. 20


insert— 22

46 Section 139 (Where summary cases to be heard)

87


‘PART 6—NUMBERING AND RENUMBERING OF 1

ACT 2

‘Numbering and renumbering of Act 3

‘175. The Reprints Act 1992, section 4347 must be used in the next 4reprint of this Act produced under the Reprints Act 1992.’. 5

8. Schedule 5, definition “authorised person”— 6

omit. 7

9. Schedule 5— 8

insert— 9

‘ “authorised person” means— 10

(a) for an authorised person for a railway—a person who holds an 11appointment under this Act as an authorised person for the 12railway; or 13

(b) a person who holds and appointment under this Act as an 14authorised person. 15

“invalid ticket” , for chapter 11, parts 5 and 648 means a ticket for a rail 16journey that— 17

(a) is used by a person after the end of the journey for which the 18ticket was issued; or 19

(b) is used by a person for a journey that is not the journey for which 20the ticket was issued; or 21

(c) is used by a person after the expiry time on the ticket; or 22

(d) has been altered or defaced; or 23

(e) was obtained by a false statement about a concession fare; or 24

47 Section 43 (Numbering and renumbering of provisions)

48 Chapter 11 (Enforcement), part 5 (Powers of authorised persons for railways) andpart 6 (Railway offences)

88


(f) is counterfeit. 1

“railway manager” has the meaning given by the Transport 2Infrastructure Act 1994. 3

“railway operator” has the meaning given by the Transport Infrastructure 4Act 1994. 5

“reasonably” means on grounds that are reasonable in all the 6circumstances.’. 7

TRANSPORT OPERATIONS (ROAD USE 8

MANAGEMENT) ACT 1995 9


insert— 11

‘Declaration about Act’s assent 12

‘94.(1) To remove any doubt, it is declared that this Act is, and always 13has been, valid, and in particular that the assent given to this Act on 5 April 141995 is, and always has been, valid. 15

‘(2) To remove any doubt, it is also declared that this Act has effect, and 16has always had effect, as if the following changes had been made to the Act 17from immediately before assent— 18

‘1. Schedule 1, amendments of Transport Infrastructure Act 1994, 19provisions after amendment 20, from ‘13’ ‘to insert—’ (first 20mention)— 21

omit. 22

‘2. Schedule 1, amendments of Transport Infrastructure Act 1994, 23provisions after amendment 20, from ‘5’ to ‘jointly and severally 24liable.’.’— 25

relocate to schedule 1, amendments of Transport Operations (Marine 26Safety) Act 1994. 27

89


‘(3) This section is a law to which the Acts Interpretation Act 1954, 1section 20A applies. 2

‘(4) This section expires on the day on which it commences.’. 3

TRANSPORT PLANNING AND COORDINATION 4

ACT 1994 5

1. Section 4— 6

insert— 7

‘ “transport land” means land that— 8

(a) has been acquired for transport purposes or for an incidental or 9complementary purpose; and 10

(b) is required for— 11

(i) the operations of a transport GOC; or 12

(ii) road transport infrastructure to which a road franchise 13agreement under the Transport Infrastructure Act 1994, 14chapter 5, part 649 applies; or 15

(iii) the operations of a person who is a railway manager under 16the Transport Infrastructure Act 1994, chapter 5A.50 17

“transport GOC” means a GOC, or a candidate GOC (within the 18meaning of the Government Owned Corporations Act 1993), whose 19functions relate mainly to transport.’. 20

2. Section 8A (in part 3)— 21

renumber as section 8B. 22

49 Chapter 5 (Road transport infrastructure), part 6 (Franchised roads)


90


3. Section 10— 1

insert— 2

‘(4A) The chief executive may have regard to any other matters the chief 3executive considers relevant. 4

‘(4B) The power to acquire land under this part includes power to acquire 5land or an easement in land beneath the surface without acquiring rights in 6the surface. 7

‘(4C) Subsection (4B) applies to the acquisition of an easement even 8though the easement— 9

(a) is not attached to, or used and enjoyed with, a dominant tenement; 10or 11

(b) must not be used and enjoyed in common with any other 12person.’. 13

4. Section 10(6), after ‘obtain’— 14

insert— 15

‘or resume’. 16

5. Section 10— 17

insert— 18

‘(8) Land acquired under this part may be described in the instrument 19acquiring the land in any way sufficient to identify the land.’. 20

6. Section 10 (4A) to (8)— 21

renumber. 22

7. Section 12(1)— 23

omit, insert— 24

‘Power of chief executive to lease, sell or otherwise dispose of land to 25transport GOC etc. 26

91


‘12.(1) The chief executive may, for the State, lease, sell or otherwise 1dispose of transport land to a transport GOC, a franchisee or a railway 2manager. 3

‘(2) Subsection (1) applies despite the Acquisition of Land Act 1967.’. 4

5

92


¡ATTACHMENT FOR TRANSPORT 1

INFRASTRUCTURE ACT 1994 NOT FORMING PART 2

OF ANY ACT 3

†EXTRACT FROM COMPETITION PRINCIPLES 4

AGREEMENT—PROVISIONS ABOUT ACCESS TO 5

SIGNIFICANT INFRASTRUCTURE FACILITIES 6

Access to services provided by means of significant infrastructure 7facilities 8

6.(1) Subject to sub-clause (2), the Commonwealth will put forward 9legislation to establish a regime for third party access to services provided 10by means of significant infrastructure facilities where: 11

(a) it would not be economically feasible to duplicate the facility; 12

(b) access to the service is necessary in order to permit effective 13competition in a downstream or upstream market; 14

(c) the facility is of national significance having regard to the size of 15the facility, its importance to constitutional trade or commerce or 16its importance to the national economy; and 17

(d) the safe use of the facility by the person seeking access can be 18ensured at an economically feasible cost and, if there is a safety 19requirement, appropriate regulatory arrangements exist. 20

(2) The regime to be established by Commonwealth legislation is not 21intended to cover a service provided by means of a facility where the State 22or Territory Party in whose jurisdiction the facility is situated has in place an 23access regime which covers the facility and conforms to the principles set 24out in this clause unless: 25

(a) the Council determines that the regime is ineffective having 26regard to the influence of the facility beyond the jurisdictional 27boundary of the State or Territory; or 28

(b) substantial difficulties arise from the facility being situated in 29more than one jurisdiction. 30

93


(3) For a State or Territory access regime to conform to the principles set 1out in this clause, it should: 2

(a) apply to services provided by means of significant infrastructure 3facilities where: 4

(i) it would not be economically feasible to duplicate the facility; 5

(ii) access to the service is necessary in order to permit effective 6competition in a downstream or upstream market; and 7

(iii) the safe use of the facility by the person seeking access can 8be ensured at an economically feasible cost and, if there is a 9safety requirement, appropriate regulatory regimes exist; and 10

(b) incorporate the principles referred to in sub-clause (4). 11

(4) A State or Territory access regime should incorporate the following 12principles: 13

(a) Wherever possible third party access to a service provided by 14means of a facility should be on the basis of terms and conditions 15agreed between the owner of the facility and the person seeking 16access. 17

(b) Where such agreement cannot be reached, Governments should 18establish a right for persons to negotiate access to a service 19provided by means of a facility. 20

(c) Any right to negotiate access should provide for an enforcement 21process. 22

(d) Any right to negotiate access should include a date after which the 23right would lapse unless reviewed and subsequently extended; 24however, existing contractual rights and obligations should not be 25automatically revoked. 26

(e) The owner of a facility that is used to provide a service should use 27all reasonable endeavours to accommodate the requirements of 28persons seeking access. 29

(f) Access to a service for persons seeking access need not be on 30exactly the same terms and conditions. 31

(g) Where the owner and a person seeking access cannot agree on 32terms and conditions for access to the service; they should be 33

94


required to appoint and fund an independent body to resolve the 1dispute, if they have not already done so. 2

(h) The decision of the dispute resolution body should bind the 3parties; however, rights of appeal under existing legislative 4provisions should be preserved. 5

(i) In deciding on the terms and conditions for access, the dispute 6resolution body should take into account: 7

(i) the owner’s legitimate business interests and investment in 8the facility; 9

(ii) the costs to the owner of providing access, including any 10costs of extending the facility but not costs associated with 11losses arising from increased competition in upstream or 12downstream markets; 13

(iii) the economic value to the owner of any additional 14investment that the person seeking access or the owner has 15agreed to undertake; 16

(iv) the interests of all persons holding contracts for use of the 17facility; 18

(v) firm and binding contractual obligations of the owner or 19other persons (or both) already using the facility; 20

(vi) the operational and technical requirements for the safe and 21reliable operation of the facility; 22

(vii) the economically efficient operation of the facility; and 23

(viii)the benefit to the public from having competitive markets. 24

(j) The owner may be required to extend, or to permit extension of, 25the facility that is used to provide a service if necessary but this 26would be subject to: 27

(i) such extension being technically and economically feasible 28and consistent with the safe and reliable operation of the 29facility; 30

(ii) the owner’s legitimate business interests in the facility being 31protected; and 32

95


(iii) the terms of access for the third party taking into account the 1costs borne by the parties for the extension and the economic 2benefits to the parties resulting from the extension. 3

(k) If there has been a material change in circumstances, the parties 4should be able to apply for a revocation or modification of the 5access arrangement which was made at the conclusion of the 6dispute resolution process. 7

(l) The dispute resolution body should only impede the existing right 8of a person to use a facility where the dispute resolution body has 9considered whether there is a case for compensation of that 10person and, if appropriate, determined such compensation. 11

(m) The owner or user of a service shall not engage in conduct for the 12purpose of hindering access to that service by another person. 13

(n) Separate accounting arrangements should be required for the 14elements of a business which are covered by the access regime. 15

(o) The dispute resolution body, or relevant authority where provided 16for under specific legislation, should have access to financial 17statements and other accounting information pertaining to a 18service. 19

(p) Where more than one State or Territory access regime applies to a 20service, those regimes should be consistent and, by means of 21vested jurisdiction or other cooperative legislative scheme, 22provide for a single process for persons to seek access to the 23service, a single body to resolve disputes about any aspect of 24access and a single forum for enforcement of access 25arrangements. 26

27

State of Queensland 1995

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