Transport Administration Act 1988 No 109
Historical version for 8 July 2011 to 30 September 2011 (accessed 25 November 2014 at 12:37) Current version
Part 9

Part 9 Miscellaneous

Division 1 Definitions

89   Definitions

In this Part:

rail authority means RailCorp, the Country Rail Infrastructure Authority, the Transport Construction Authority, Sydney Metro or any other person or body prescribed by the regulations.

State rail operator means RailCorp or any other person or body prescribed by the regulations.

Division 1A Miscellaneous provisions relating to rail authorities

90   State rail operators not common carriers

(1)  A State rail operator is not a common carrier.
(2)  Subsection (1) does not affect any contract or arrangement for the carriage of passengers or freight between a State rail operator and any other person in which the operator accepts the risk and liability of a common carrier.

91   Regulations relating to railway and other transport services

(1)  The regulations may make provision for or with respect to the railway and other transport services operated by a State rail operator.
(2)  In particular, the regulations may make provision for or with respect to the following matters:
(a)  the terms and conditions on which:
(i)  passengers are carried, and
(ii)  passengers’ luggage and freight are collected, received, kept, carried or delivered,
(b)  the use of and access to facilities or property owned by or under the control of a State rail operator,
(c)  the protection and preservation of facilities or property owned by or under the control of a State rail operator,
(d)  security, safety and order on railways and trains,
(e)  the sale or other disposal of unclaimed goods and luggage in the possession of a State rail operator and the disposal of the proceeds of any such sale,
(f)  the standing or parking of vehicles on land vested in a State rail operator.

92   Limitation of compensation in respect of damage to property by fire

In any action brought against a rail authority for damages or compensation in respect of loss of or damage or injury to property (whether sustained before or after the commencement of this section) because of fire alleged to have been caused by:
(a)  any act or thing done or omitted to be done by the rail authority in the operation of its railway services or in the exercise of its functions under this Act, or
(b)  any person for whose act or omission the rail authority is liable,
the maximum sum recoverable is $50,000 or such other amount as may be prescribed by the regulations.

93   Search of vehicles and luggage on certain railway premises

(1)  An authorised officer may:
(a)  stop any vehicle or person on any land that is vested in or under the control of a State rail operator and that is used for the receipt, dispatch or delivery of any luggage or freight, and
(b)  search any such vehicle or any luggage or other article on that vehicle or in the possession of any such person, and
(c)  require any such person to produce consignment notes, delivery dockets or other documents relating to the receipt, dispatch, delivery or ownership of any such luggage or article, and
(d)  seize any such luggage or article that the authorised officer has reasonable grounds for suspecting has been stolen.
(2)  The power of an authorised officer to search includes the power to open any part of the vehicle or any luggage or other article on the vehicle or in the possession of the person.
(3)  Any person who:
(a)  obstructs or hinders an authorised officer when exercising any power under this section, or
(b)  does not comply with any reasonable requirement made for the purposes of this section by an authorised officer,
is guilty of an offence.

Maximum penalty: 20 penalty units.

(4)  An authorised officer must produce his or her authority if requested to do so by any person required to comply with a requirement made by that officer for the purposes of this section.
(5)  No personal liability is incurred by an authorised officer for any act done or omitted in good faith under this section.
(6)  In this section:

authorised officer means an officer of a State rail operator appointed in writing by the chief executive of the State rail operator to be an authorised officer.

authority means the written instrument by which an authorised officer is appointed.

94   Transfers of assets, rights and liabilities

(1)  The Minister may, by order in writing, direct that the assets, rights or liabilities of a specified rail authority, or any subsidiary of a rail authority, that are specified or referred to in the order, be transferred to another rail authority, a subsidiary of a rail authority, a State owned corporation, the Crown or any other person or body acting on behalf of the Crown or a local council.
(2)  The Minister may, by further order under this section, further direct the transfer any assets, rights or liabilities previously transferred under this section.
(3)  An order under this section may be subject to specified terms and conditions.
(4)  Schedule 4 applies to the transfer of assets, rights and liabilities under this section.
(5)  Words and expressions used in this section have the same meanings as they have in Schedule 4.
(6)  In this section:

rail authority includes the SRA Residual Holding Corporation, the Director-General and any other person or body prescribed by the regulations.

(7)  In this section and Schedule 4, a reference to the Minister, in relation to the transfer of any assets, rights or liabilities of the SRA Residual Holding Corporation, is to be read as a reference to the Treasurer.

95   (Repealed)

96   Person may be chief executive of more than one authority

Nothing in this or any other Act prevents a person from being the chief executive of one or more rail authorities.

Division 1B Miscellaneous provisions relating to rail infrastructure, rail access and network control

97   Additional facilities may be treated as rail infrastructure facilities

The Minister may, by order in writing, direct that specified facilities that are vested in or owned by a rail infrastructure owner are to be treated as rail infrastructure facilities for the purposes of this Act or the regulations.

98   Powers of rail authorities relating to rail infrastructure facilities and land

Schedules 6A (Powers relating to rail infrastructure facilities and land) and 6B (Special provisions for underground rail facilities) have effect.

99   Maintenance of railway lines

A rail infrastructure owner is not required to maintain a railway line on which no services are operated.

99A   Closure and disposal of railway lines

(1)  A rail infrastructure owner must not, unless authorised by an Act of Parliament, close a railway line.
(2)  For the purposes of this section, a railway line is closed if the land concerned is sold or otherwise disposed of or the railway tracks and other works concerned are removed.
(3)  For the purposes of this section, a railway line is not closed merely because a rail infrastructure owner has entered into an ARTC arrangement or a lease or other arrangement in respect of it pursuant to an agreement entered into by the Commonwealth and the State.
(4)  (Repealed)

99AA   Connections to rail infrastructure

A rail infrastructure owner must not sever, or fail to maintain, a connection between any part of the NSW rail network for which it is the rail infrastructure owner and any other part of the NSW rail network without the consent of the rail infrastructure owner of the other part of the NSW rail network.

99B   Closure of level-crossings, bridges and other structures

(1)  A rail infrastructure owner may, with the approval of the Minister, close any level-crossing, bridge or other structure for crossing or passing over or under any railway track if both the level-crossing, bridge or other structure and the railway track are owned by the owner.
(2)  A rail infrastructure owner must notify the Minister of any proposal by it to close a level-crossing, bridge or other structure for crossing or passing over or under a railway track.
(3)  A rail infrastructure owner must, before closing any such level-crossing, bridge or other structure:
(a)  cause a notice of the proposed closure to be published in the Gazette, and
(b)  notify the Roads and Traffic Authority and the council of the area concerned of the proposed closure.
(4)  On the closure of any such level-crossing, bridge or other structure, all rights, easements and privileges in relation to that level-crossing, bridge or other structure are extinguished.

99C   NSW rail access undertakings

(1)  A rail infrastructure owner may give written undertakings from time to time to the Australian Competition and Consumer Commission, in connection with the provision of access to that part of the NSW rail network vested in or owned by or managed or controlled by the owner, under section 44ZZA of the Trade Practices Act 1974 of the Commonwealth.
(2)  Any such undertaking is not to be given, and (once given) is not to be withdrawn or varied, except with the approval of the Minister given with the concurrence of the Premier.
(3)  Clauses 2, 3 and 4 of Schedule 6AA apply to any such undertaking in the same way as they apply to an access undertaking referred to in clause 1 of that Schedule.
(4)  In exercising its functions, a rail authority or ARTC must act in accordance with the current NSW rail access undertaking.
(5)  Schedule 6AA (Access undertakings) has effect.
(6)  Subsection (2) and clause 2 of Schedule 6AA do not apply to undertakings given, or taken to have been given, by ARTC.

99D   Network control

(1)  For the purposes of this section, network control with respect to any part of the NSW rail network is:
(a)  service planning (namely, the timetabling of rolling stock, including standard working and daily timetables and planning the occupation of railway track for maintenance and other service requirements), and
(b)  real time control (namely, the actual control of the movement of rolling stock, including train signalling and incident management).

Network control includes any aspect of the control of the network that is declared by the regulations to be network control, but does not include anything declared by the regulations not to be network control.

(2)  The Minister may, by order published in the Gazette, designate a rail authority or any person prescribed by the regulations as the body responsible for network control (or any specified aspect of network control) with respect to any specified part of the NSW rail network.
(3)  To the extent that responsibility for network control, or any aspect of network control, with respect to any part of the NSW rail network is not covered by an order under this section the rail infrastructure owner for that part of the NSW rail network is responsible for network control or that aspect.
(4)  The exercise of the functions of a rail authority is subject to an order under this section.
(5)  A body responsible for network control must:
(a)  give priority to rail passenger services, and
(b)  subject to giving priority to those services, promote and facilitate access to the part of the NSW rail network for which it is responsible in accordance with the current NSW rail access undertaking.
(6)  The Minister may, by order published in the Gazette, amend or revoke an order made under this section.
(7)  This section is subject to section 88L.
Note. See section 88L for network control responsibilities relating to parts of the NSW rail network subject to an ARTC lease or licence.

Division 1C

99E(Repealed)

Division 2 Miscellaneous provisions relating to State Transit Authority

100   Sale, lease or other disposal of land

(1)  The State Transit Authority may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.
(2)  Despite subsection (1), the approval of the Minister is not required:
(a)  for any lease for a term not exceeding 5 years, or
(b)  for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.
(3)  (Repealed)

101   Acquisition of land

(1)  The State Transit Authority may, for any purposes of the State Transit Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(1A)  The purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the State Transit Authority to exercise its functions in relation to land under this Act.
(2)  For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the State Transit Authority is, in relation to that authorised work, taken to be the Constructing Authority.
(3)  Any such acquisition is not void merely because it is expressed to be for the purposes of the State Transit Authority or for the purposes of this Act.
(3A)  The State Transit Authority may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Director-General.
(4)  Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes of this section.
(5)  Nothing in this section is taken to mean that the State Transit Authority cannot exercise functions in relation to land under this Act unless the State Transit Authority first compulsorily acquires the land concerned.

102   STA not a common carrier

(1)  The State Transit Authority is not a common carrier.
(2)  Subsection (1) does not affect any contract or arrangement for the carriage of passengers between the State Transit Authority and any other person in which the Authority accepts the risk and liability of a common carrier.

103   Inquiries into bus or ferry accidents

(1)  The Minister or Independent Transport Safety Regulator may require the State Transit Authority or Sydney Ferries or a person nominated by the Minister or Independent Transport Safety Regulator to inquire into and report to the Minister or Independent Transport Safety Regulator on any bus or ferry accident.
(2)  The State Transit Authority or Sydney Ferries shall, in addition to any report required by the Minister or Independent Transport Safety Regulator, forward to the Minister or Independent Transport Safety Regulator a copy of the report of any formal inquiry into a bus or ferry accident instituted by the State Transit Authority or Sydney Ferries.
(3)  In this section:

bus or ferry accident means an accident involving the bus or ferry services operated by the State Transit Authority or Sydney Ferries, whether or not resulting in the loss of life or damage to property.

104   Regulations relating to bus and ferry services

(1)  The regulations may make provision for or with respect to the bus and ferry services provided by the State Transit Authority.
(2)  In particular, the regulations may make provision for or with respect to:
(a)  the terms and conditions on which passengers are carried, and
(b)  the use of and access to facilities or property owned by or under the control of the State Transit Authority, and
(c)  the protection and preservation of facilities or property owned by or under the control of the State Transit Authority, and
(d)  security, safety and order on buses and ferries, and
(e)  the sale or other disposal of unclaimed goods and luggage in the possession of the State Transit Authority and the disposal of the proceeds of any such sale, and
(f)  the standing or parking of vehicles on land vested in the State Transit Authority.

Division 2A Miscellaneous provisions relating to Director-General

Subdivision 1 General provisions

104A–104D   (Repealed)

104E   Power of Director-General to contract

(1)  The Director-General may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the Director-General’s functions.
(2)  Nothing in this section limits the operation of any provision of the Passenger Transport Act 1990.

104EA   Government subsidised travel schemes

(1)  The Director-General is to administer, or arrange for the administration of, any scheme approved by the Minister for Government subsidised travel on passenger services.
(2)  If the regulations so provide, persons of a class prescribed by the regulations are not entitled to subsidised travel under any such scheme. This subsection applies despite any approval or direction of the Minister or the Anti-Discrimination Act 1977.
(3)  Payments required to be made in accordance with any such scheme are to be made from such money as may be provided by Parliament for the purpose.

104F   Sale, lease or other disposal of land

(1)  The Director-General may sell, lease or otherwise dispose of any of the Director-General’s land.
(2)  (Repealed)

104G   Acquisition of land

(1)  The Director-General may, for the purpose of the exercise of the Director-General’s functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the Director-General to exercise his or her functions in relation to land under this Act.
(3)  An acquisition of land under this section is not void merely because it is expressed to be for the purposes of exercising the functions of the Director-General or for the purposes of this Act.
(4)  Without limiting the generality of this section, the purposes for which land may be acquired under this section include acquiring land for future use for transport infrastructure or services referred to in section 3C.

104H   Application of Public Works Act 1912

(1)  For the purposes of the Public Works Act 1912, any acquisition of land under section 104G is taken to be for an authorised work and the Director-General is, in relation to the authorised work, taken to be the Constructing Authority.
(2)  Part 3 of the Public Works Act 1912 does not apply in respect of works constructed for the purposes for which the land was acquired.

104I   Other functions concerning land

(1)  The Director-General may, with the consent of the owner of any land, exercise in relation to the land any function that the Director-General could so exercise if the Director-General were the owner of the land.
(2)  The Director-General may exercise in relation to any land in which the Director-General holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest.

104J   (Repealed)

104K   Regulations

(1)  The regulations may make provision for or with respect to passenger transport facilities (including light rail systems) provided in the exercise of the Director-General’s functions.
(2)  In particular, the regulations may make provision for or with respect to:
(a)  the terms and conditions on which passengers or other persons use those facilities, and
(b)  the use of and access to those facilities, and
(c)  the protection and preservation of those facilities, and
(d)  the security, safety and order of persons using those facilities.

Subdivision 2 Special provisions relating to light rail

104L   Definitions

In this Subdivision:

develop a light rail system includes:

(a)  carry out development (within the meaning of the Environmental Planning and Assessment Act 1979) for the purposes of a light rail system, or
(b)  finance any such development, or
(c)  maintain any such development.

operate a light rail system means:

(a)  operate or move, or cause the operation or moving, by any means, of any rolling stock on a light rail system, and includes operate a light rail service if the operator of the service operates or moves, or causes the operation or moving of, rolling stock, or
(b)  construct and maintain, or construct or maintain, rolling stock.

104M   Light rail services

For the purposes of this Act, light rail services are railway passenger services provided by light rail vehicles, including passenger services declared by the regulations to be light rail services (whether described by reference to the class of vehicles providing the services or the rail or other system used to guide the vehicles providing the services).

104N   Light rail system

(1)  For the purposes of this Act, a light rail system is a system for the provision of light rail services along a route declared under subsection (2), including tracks, catenaries, supports for tracks and catenaries, stops, access to stops, signalling and other control facilities, vehicles, vehicle depots and other facilities and equipment associated with the provision of those services.
(2)  The regulations may declare a route along a road or through other land to be the route of a light rail system. A route may be so declared:
(a)  whether or not a light rail service is operating along the route, and
(b)  whether or not the State or an authority of the State owns or proposes to acquire the system providing the service.
(3)  A regulation may not declare a route along a road to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister administering the Road Transport (General) Act 2005.
(4)  A regulation may not declare a route through any park or bushland to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister for the Environment. In this subsection:

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation, being land that is zoned or reserved for public open space purposes under an environmental planning instrument.

park means an area of open space used for recreation (other than bushland), being an area that is vested in or under the control of a public or local authority.

(5)  Any dispute in connection with the making of a recommendation under subsection (3) or (4) may be determined by the Premier.
(6)  In this section:

road means a road or road related area within the meaning of the Road Transport (General) Act 2005 (other than a road or road related area that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).

104O   Development and operation of light rail systems

(1)  The Director-General may develop light rail systems, or facilitate their development by other persons.
(2)  The Director-General may operate light rail systems, or facilitate their operation by other persons.

104P   Part 5 of EPA Act to apply to development for light rail system

(1)  In this section:

development has the same meaning as in Part 4 of the EPA Act.

EPA Act means the Environmental Planning and Assessment Act 1979.

(2)  Development for the purposes of a light rail system:
(a)  may be carried out without the necessity for development consent under Part 4 of the EPA Act, and
(b)  may be so carried out even if the development would be prohibited, or would require development consent, in the absence of this section.
(3)  Development for the purposes of a light rail system is an activity within the meaning of Part 5 of the EPA Act and the Director-General is the proponent and a determining authority in relation to that activity for the purposes of that Part.
Note. By virtue of this subsection, the approval of the Minister administering the EPA Act is, if an EIS is prepared, required under Division 4 of Part 5 of that Act before the activity is carried out.
(4)  Development for the purposes of a light rail system includes anything that is incidental to the carrying out of any such development.

104Q   Local government approvals not required for light rail system

(1)  This section applies to:
(a)  the construction of a light rail system, including the erection of any buildings that are associated with the system or the demolition of any buildings for the purposes of constructing the system, and
(b)  anything done that is incidental to the erection or demolition of a building for the purposes of a light rail system, and
(c)  the subdivision of land for the purposes of a light rail system.
(2)  The approval of the council of a local government area is not required under section 68 of the Local Government Act 1993 or under subdivision legislation for anything to which this section applies.
(3)  In this section:

building and erection have the same meanings they have in the Local Government Act 1993.

subdivision legislation means Part 4 of the Environmental Planning and Assessment Act 1979, the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989.

104R   Easements etc for light rail system

(1)  This section applies to:
(a)  easements or rights of way under, on or over, land, or
(b)  restrictions on the use of land,
for the purposes of the development or operation of a light rail system.
(2)  The functions of the Director-General under Subdivision 1 in relation to land extend (without limitation) to any easements, rights of way or restrictions on use to which this section applies, including:
(a)  easements without a dominant tenement, and
(b)  easements for the support of a catenary from a building, structure or land.
(3)  Despite anything to the contrary in the Land Acquisition (Just Terms Compensation) Act 1991, compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is under, on or over a public road (within the meaning of the Roads Act 1993).
(4)  Despite anything to the contrary in the Land Acquisition (Just Terms Compensation) Act 1991, compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is an easement for support of a catenary from a building or structure or from any land (except compensation for actual damage done in the construction of the support for the catenary or caused by that support).

104S   Exemption of light rail system from payment of rates and land tax

(1)  For the purpose of the application of the provisions of the following Acts relating to the payment of rates and taxes, land used or under construction for a light rail system is to be regarded as Crown land not leased for private purposes:
(a)  the Local Government Act 1993,
(b)  the Water Board (Corporatisation) Act 1994,
(c)  the Hunter Water Board (Corporatisation) Act 1991,
(d)  the Land Tax Management Act 1956,
(e)  any other Act prescribed by the regulations.
(2)  This section does not apply to land used or under construction for administrative offices, workshops and other maintenance facilities, vehicle depots or other purposes prescribed by the regulations.
(3)  The Minister may determine any dispute concerning the application of this section to any particular land.

104T   Exemption from duty

The regulations may exempt any matter concerning the development or operation of a light rail system from liability for the payment of duty under the Duties Act 1997.

104U   Altering position of conduit for purposes of light rail system

(1)  The Director-General or a person authorised by the Director-General may serve a written notice on a person under this section if:
(a)  an alteration is required to be made in the position of a conduit owned by the person to facilitate the development or operation of a light rail system, and
(b)  the alteration would not permanently damage the conduit or adversely affect its operation.
(2)  The notice:
(a)  must specify the work to be carried out, and
(b)  must specify a reasonable time within which the work is to be carried out, and
(c)  must include an undertaking by the owner or operator of the light rail system to pay the reasonable cost of carrying out the work (unless the Director-General has notified the owner of the conduit before it was installed that the installation would interfere with the operation of the light rail system).
(3)  If the work is not carried out as required by the notice, the Director-General, or a person authorised by the Director-General, may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.
(4)  In this section, conduit means anything that is under, on or over a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.

104V   Resolution of disputes concerning routes of light rail systems

(1)  This section applies to a dispute between the relevant Ministers about a recommendation under section 104N relating to the declaration of a route of a light rail system.
(2)  The annual report of Transport NSW is to include a report of any dispute to which this section applies that is determined by the Premier.
(3)  (Repealed)

Division 3 Miscellaneous provisions relating to Roads and Traffic Authority

105   Power to accept gifts, bequests or devises of property

(1)  The Roads and Traffic Authority may acquire by gift, bequest or devise any property for any of the purposes of the Authority and may agree to and carry out the conditions of the gift, bequest or devise.
(2)  The rule of law relating to remoteness of vesting does not apply to any condition of a gift, bequest or devise to which the Roads and Traffic Authority has agreed.
(3)  Nothing in the Duties Act 1997 applies to any real or personal property of any kind comprised in any gift, bequest or devise made to the Roads and Traffic Authority.

106   Grants to councils in connection with use of buses

(1)  The Roads and Traffic Authority shall, in accordance with such directions as may be given by the Minister, administer any scheme approved by the Minister for the making of grants to councils of local government areas in a transport district for the purpose of defraying the costs incurred in maintaining public roads used by buses.
(2)  The amount approved by the Minister for distribution in any financial year must not exceed the amount of tax and charges which the Minister estimates was received under the Motor Vehicles Taxation Act 1988 and Part 2A of the Road Transport (Vehicle Registration) Act 1997 during the previous financial year in connection with the registration of buses.
(3)  The amount distributed to each eligible council shall be calculated by reference to the estimated distance travelled by buses on public roads wholly or partly maintained by each council.
(4)  Grants under this section shall be made from money appropriated by Parliament for the purpose.

106A   Grants to charitable organisations

(1)  The Roads and Traffic Authority is, in accordance with such directions as may be given by the Minister, to administer any scheme approved by the Minister for the making of grants in respect of the operation of eligible motor vehicles by eligible charitable organisations.
(2)  The purpose for which such grants may be made is to assist eligible charitable organisations to meet the increased cost of operating eligible motor vehicles resulting from the Road Improvement (Special Funding) Act 1989.
(3)  Grants under this section are to be made from the Roads and Traffic Authority Fund.
(4)  In this section:

eligible charitable organisation means a charitable organisation determined by the Minister to be an eligible charitable organisation for the purposes of this section.

eligible motor vehicle means a motor vehicle operated by an eligible charitable organisation in accordance with the guidelines for assistance prepared by the Roads and Traffic Authority from time to time for the purposes of this section.

Division 3A Miscellaneous provisions relating to Sydney Ferries

106B   Sydney Ferries not a common carrier

(1)  Sydney Ferries is not a common carrier.
(2)  Subsection (1) does not affect any contract or arrangement for the carriage of passengers between Sydney Ferries and any other person in which Sydney Ferries accepts the risk and liability of a common carrier.

106C   Regulations relating to Sydney ferry services

(1)  The regulations may make provision for or with respect to ferry services provided by Sydney Ferries.
(2)  In particular, the regulations may make provision for or with respect to the following matters:
(a)  the terms and conditions on which passengers are carried,
(b)  the use of and access to facilities or property owned by or under the control of Sydney Ferries,
(c)  the protection and preservation of facilities or property owned by or under the control of Sydney Ferries,
(d)  security, safety and order on ferries,
(e)  the sale or other disposal of unclaimed goods and luggage in the possession of Sydney Ferries and the disposal of the proceeds of any such sale,
(f)  the standing or parking of vehicles on land vested in Sydney Ferries.

106D   Transfer of certain assets, rights and liabilities of STA to Sydney Ferries

(1)  The Minister may, by order in writing, direct that the assets, rights and liabilities of the State Transit Authority, or any subsidiary of the Authority, that are specified or referred to in the order, be transferred to Sydney Ferries or to the Crown.
(2)  An order under this section may be subject to specified terms and conditions.
(3)  Schedule 4 applies to the transfer of assets, rights and liabilities under this section.
(4)  Words and expressions used in this section have the same meanings as they have in Schedule 4.

Division 4 Miscellaneous provisions relating to transport authorities

107   Definition of “transport authority”

(1)  In this Division, transport authority means:
(a)  RailCorp, or
(a1)  the Independent Transport Safety Regulator, or
(b)  the State Transit Authority, or
(c)  the Roads and Traffic Authority, or
(c1)  Sydney Ferries, or
(c2)  the Transport Construction Authority, or
(c3)  the Country Rail Infrastructure Authority, or
(d)  (Repealed)
(e)  Sydney Metro.
(2)  (Repealed)
(3)  In sections 110, 112, 113 and 115, a reference to a transport authority includes a reference to the Director-General.

108   Transport districts

(1)  There shall be 3 transport districts, namely:
(a)  the Metropolitan transport district, and
(b)  the Newcastle transport district, and
(c)  the Wollongong transport district,
with boundaries as prescribed by the regulations.
(2)  The regulations may from time to time:
(a)  establish other transport districts, or
(b)  vary any transport district, established under subsection (1) or this subsection, by adding any area to it or by excluding any area from it, or
(c)  amalgamate and re-name any transport districts so established.

109   Seals of Authorities

(1)  The seal of an Authority shall be kept by the Chief Executive of the Authority and shall be affixed to a document only:
(a)  in the presence of that Chief Executive or a member of the staff of the Authority authorised in that behalf by that Chief Executive, and
(b)  with an attestation by the signature of that Chief Executive or that member of staff of the fact of the affixing of the seal.
(2)  In this section:

Authority means any of the following:

(a)  RailCorp,
(b)  Roads and Traffic Authority,
(c)  State Transit Authority,
(d)  Sydney Ferries,
(e)  Transport Construction Authority,
(f)  Country Rail Infrastructure Authority,
(g)  Independent Transport Safety Regulator.

110   Miscellaneous provisions relating to contracts of transport authority

(1)  A contract or arrangement made or entered into by a transport authority for the carrying out of works or the performance of services may provide for:
(a)  the whole or any part of the works to be undertaken by the authority, or
(b)  the whole or any part of the cost of the works to be paid by the authority, or
(c)  a loan to be made by the authority to meet the whole or any part of the cost of the works, or
(d)  the authority to pay the whole or any part of the cost of providing the services during a specified period.
(2)  A transport authority may make and enter into contracts or agreements for the payment of money (or the carrying out of works) in settlement of a claim brought against the authority for compensation or damages in relation to the functions of the authority.
(3)  A contract under this section shall be deemed for the purposes of the Constitution Act 1902 to be a contract for or on account of the Public Service of New South Wales.

111   Referral of disputes

(1)  If any transport dispute arises:
(a)  between one transport authority and another transport authority, or
(b)  between a transport authority and a public authority,
either party may refer the matter to the Minister.
(1A)  If any dispute with respect to the carrying out of the functions of the Director-General under this Act arises between the Director-General and a public authority (other than a transport authority), either party may refer the matter to the Minister.
(2)  If the Minister is not the Minister responsible for an authority that is a party to a dispute under this section, the dispute may be referred instead (or in addition) to the Minister responsible for that authority.
(3)  In this section:

public authority means any public or local authority constituted by or under an Act, and includes the council of a local government area, a government department and an administrative office.

transport dispute means a dispute with respect to the carrying out of the functions of a transport authority under this or any other Act.

(4)  For the purposes of this section, the Minister administering the Local Government Act 1993 shall be taken to be the Minister responsible for the council of a local government area.
(5)  This section does not apply to a dispute between the Independent Transport Safety Regulator and another transport authority relating to a matter referred to in section 42P (2).

112   Personal liability of certain persons

(1)  No matter or thing done or omitted to be done by a transport authority, a member of a transport authority or a person acting under the direction of a transport authority or of a member of a transport authority shall, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject a member of a transport authority or a person so acting personally to any action, liability, claim or demand.
(2)  In this section:

member of a transport authority includes the Chief Executives of the State Transit Authority, RailCorp, the Transport Construction Authority, the Independent Transport Safety Regulator, the Country Rail Infrastructure Authority, Sydney Ferries and the Roads and Traffic Authority and the Chairperson of the Independent Transport Safety Advisory Board.

transport authority includes:

(a)  the Independent Transport Safety Advisory Board, and
(b)  the Chief Investigator.

113   Presumption of validity

(1)  The exercise of a function by a transport authority is not invalidated because it is exercised in contravention of a direction by the Minister or the Director-General.
(2)  If a recommendation by a transport authority is a condition precedent to the exercise of a function by the Minister, the exercise of the function by the Minister is evidence of the making of the recommendation.

114   (Repealed)

115   Recovery of charges etc by transport authority

Any charge, fee, toll or money due to a transport authority, or to the Crown in respect of the activities of a transport authority, may be recovered by the authority as a debt in any court of competent jurisdiction.

116   Liability of vehicle owner for parking offences on Authority’s land

(1)  If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of the parking offence as if the person were the actual offender.
(2)  Nothing in this section affects the liability of the actual offender, but if a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.
(3)  The owner of a vehicle is not guilty of an offence by virtue of this section if the owner satisfies:
(a)  in any case where the offence is dealt with under section 117—an authorised officer described in the penalty notice served under that section, or
(b)  in any other case—the court,
that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(4)  The owner of a vehicle is not, by virtue of this section, guilty of an offence if:
(a)  in any case where the offence is dealt with under section 117, the owner:
(i)  within 21 days after service on the owner of a penalty notice under that section alleging that the owner is guilty of the offence, supplies by statutory declaration to an authorised officer described in the notice the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii)  satisfies such an authorised officer that the owner did not know and could not with reasonable diligence have ascertained that name and address, or
(b)  in any other case, the owner:
(i)  within 21 days after service on the owner of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii)  satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address.
(5)  Any such statutory declaration if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.
(6)  Any such statutory declaration which relates to more than one offence shall be deemed not to be a statutory declaration under, or for the purposes of, subsection (4).
(7)  In this section:

owner, in relation to a vehicle, includes:

(a)  every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement (but not the lessor under any such agreement), and
(b)  in the case of a motor vehicle:
(i)  a registered operator of the vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997, except where the person has sold or otherwise disposed of the vehicle and has complied with any applicable provisions of the Traffic Act 1909 or Road Transport (Vehicle Registration) Act 1997 (or regulations made under either Act) in respect of the sale or disposal, and
(ii)  in the case of a vehicle to which a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997 is affixed—the person to whom the trader’s plate has been issued, and
(iii)  a person who, by a regulation referred to in section 15 (2) (j) of the Road Transport (Vehicle Registration) Act 1997, is to be treated as being, for the purposes of section 18A of the Traffic Act 1909, the owner of the vehicle.

parking offence means any offence against a regulation made for or with respect to the standing or parking of vehicles on land vested in RailCorp, the Transport Construction Authority, Sydney Ferries or the State Transit Authority.

117   Penalty notices for certain offences

(1)  An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed or is guilty of an offence under this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.
(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  A penalty notice:
(a)  may be served personally or by post, or
(b)  if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 116, may be addressed to the owner without naming the owner or stating the address of the owner and may be served by leaving it on or attaching it to the vehicle.
(4)  If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(5)  Payment under this section shall not be regarded as an admission of liability for the purposes of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(6)  The regulations may:
(a)  prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)  prescribe different amounts of penalties for different offences or classes of offences.
(7)  The amount of a penalty prescribed under this section for an offence shall not exceed the maximum amount of penalty which could be imposed for the offence by a court.
(8)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.
(9)  In this section, authorised officer means:
(a)  a member of the Police Force, or
(b)  a person declared by the regulations to be an authorised officer for the purposes of this section.

118   Proceedings for offences

Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.

119   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A)  Without limiting subclause (1), the regulations may prescribe fees in respect of the performance by the Roads and Traffic Authority of the functions of a Regulatory Authority under the Interstate Road Transport Act 1985 of the Commonwealth.
(2)  A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

120   Savings, transitional and other provisions

Schedule 7 has effect.

Division 5 Miscellaneous provisions relating to common law damages for public transport accidents

121   Application of common law damages for motor accidents to railway and other public transport accidents

(cf ss 68, 69 (2) MAA)

(1)  Chapter 5 (Award of damages) of the Motor Accidents Compensation Act 1999 applies to and in respect of an award of damages which relates to the death of or bodily injury to a person caused by or arising out of a public transport accident, not being an award of damages to which that Chapter applies.
(2)  Accordingly, in that Chapter:
(a)  a reference to a motor accident includes a reference to a public transport accident, and
(b)  a reference to a motor vehicle includes a reference to any vehicle or vessel used for public transport.
(3)  For the purposes of this section, a public transport accident is an accident caused by or arising out of the use of any form of public transport in New South Wales, including public transport in the form of a passenger railway or a water ferry or taxi, but not including:
(a)  public transport in the form of air transport, or
(b)  public transport that is operated primarily for tourists, the purposes of recreation or historical interest or that is an amusement device, or
(c)  an accident for which, or to the extent to which, a person is liable otherwise than in the capacity of the owner or driver of, or other person in charge of, the vehicle or vessel used for public transport.

A public transport accident, however, includes an accident of a class declared by the regulations to be a public transport accident, but does not include an accident of a class declared by the regulations not to be a public transport accident.

(4)  This section does not apply to or in respect of public transport accidents occurring before the commencement of the Motor Accidents Compensation Act 1999.
Note. For damages that may be awarded for accidents occurring before that commencement, see Part 6 of the Motor Accidents Act 1988.

Division 6 Special provisions for Parramatta Rail Link

122   Definitions

In this Division:

land includes an interest in land.

Parramatta Rail Link means a railway from Parramatta to Chatswood commencing generally in the vicinity of the Main Western Railway line west of Parramatta Station and proceeding via Parramatta, Camellia, Carlingford, Epping, the vicinity of Macquarie University, the vicinity of Delhi Road, North Ryde, and the vicinity of the University of Technology Ku-ring-gai Campus to Chatswood, including works, structures and facilities associated with or incidental to the railway.

rail authority means RailCorp, the Transport Construction Authority, the Country Rail Infrastructure Authority or the Director-General.

123   EPA Act not affected

Nothing in this Division limits or otherwise affects the operation of the Environmental Planning and Assessment Act 1979 (except as provided by section 126).

124   Acquisition of national park and other park land

(1)  In this section:

Project park land means land shown as Project park land on sheets 1–6 of the plan marked “Parramatta Rail Link Project Park Land” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the Transport Administration Amendment (Parramatta Rail Link) Act 2000) when the Bill was introduced into the Legislative Assembly, a copy of which is also lodged in the office of each rail authority.

(2)  Any power that a rail authority has under this Act to acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 extends to authorise the acquisition of the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.
(3)  Nothing in the National Parks and Wildlife Act 1974 (in particular sections 37, 40, 47Z and 47ZB), Parramatta Park Trust Act 2001 or the regulations under those Acts prevents a rail authority from acquiring by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.
(4)  Section 29 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 and section 9 (2) of the Parramatta Park Trust Act 2001 do not apply to any such acquisition of Project park land.
(5)  When any land that is Project park land vests in a rail authority pursuant to its acquisition as provided by this section, any reservation of the land as a national park or regional park under the National Parks and Wildlife Act 1974 is revoked. This subsection does not limit the operation of section 20 (1) of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of such an acquisition of land.
(6)  A rail authority may not acquire as provided by this section any part of the Project park land that forms part of Lane Cove National Park unless and until the land described below is reserved as part of Lane Cove National Park in accordance with Part 4 of the National Parks and Wildlife Act 1974:

Land situated at Marsfield, in the Local Government Area of Ryde, Parish of Hunters Hill and Field of Mars, County of Cumberland and State of New South Wales being Lot 2 in Deposited Plan 841477 (being land in part of Crown Reserve in R89885 for Public Recreation, Gazette No. 99 dated 6 August 1976 Folio 3380) and Lot 4 in Deposited Plan 881923 (being land in Certificate of Title Folio Identifier 4/881923).

(7)  A rail authority may acquire the land described in subsection (6) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of facilitating that land’s reservation as part of Lane Cove National Park.
(8)  A rail authority may not acquire as provided by this section any part of the Project park land unless and until approval for the construction of the Parramatta Rail Link has been obtained under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979.
(9)  If land that forms part of the trust lands of the Parramatta Park Trust under the Parramatta Park Trust Act 2001 is acquired under this section, the Minister administering that Act is to use the Minister’s best endeavours to ensure that Schedule 1 to that Act is amended to reflect the acquisition of that land.

125   Application of Public Works Act to the Parramatta Rail Link

(1)  The Parramatta Rail Link is an authorised work for the purposes of the Public Works Act 1912, and the rail authorities are for the purposes of that Act Constructing Authorities in relation to the Parramatta Rail Link.
(2)  Part 3 and sections 86, 87 and 91 (b) of the Public Works Act 1912 do not apply in respect of works constructed for the purposes of the Parramatta Rail Link.
(3)  Any power of a rail authority to enter land and exercise functions as a Constructing Authority under the Public Works Act 1912 in respect of the Parramatta Rail Link, extends to Project park land (as defined in section 124) but must be exercised subject to Parts 6 (Relics and Aboriginal places) and 7 (Fauna) of the National Parks and Wildlife Act 1974.

126   Sections 109ZJ & 109ZK EPA Act not to apply

(1)  Sections 109ZJ and 109ZK of the Environmental Planning and Assessment Act 1979 do not apply to a building action or subdivision action that concerns building work or subdivision work carried out for or in connection with the Parramatta Rail Link.
(2)  Expressions used in this section have the meanings given by section 109ZI of the Environmental Planning and Assessment Act 1979.

127   Order of approval under Heritage Act

Sections 67 and 68 of the Heritage Act 1977 do not apply in respect of an approval under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979 in respect of the Parramatta Rail Link.

Division 7

128(Repealed)

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