Transport Administration Act 1988 No 109
Current version for 4 July 2014 to date (accessed 22 December 2014 at 11:36)
Schedule 1

Schedule 1 Functions of Transport for NSW

Part 1 General functions

1   General functions of TfNSW

TfNSW has the following general functions:
(a)  Transport planning and policy
Transport planning and policy, including for integrated rail network, road network, maritime operations and maritime transport and land use strategies for metropolitan and regional areas.
(b)  Transport public funding
The administration of the allocation of public funding for the transport sector, including the determination of budgets and programs across that sector.
(c)  Transport infrastructure
The planning, oversight and delivery of transport infrastructure in accordance with integrated transport and land use strategies and available financial resources, including prioritising of expenditure and projects across the transport system.
(d)  Capital works programs and budgets
Co-ordination of capital works programs and budgets across the transport sector.
(e)  Contracting for the delivery of transport services
Contracting, on behalf of the State, with public transport agencies or the private sector, for the delivery of transport services, including the setting of performance targets and service standards.
(f)  Transport services co-ordination
The co-ordination of transport services, including timetabling for transport services and providing for effective transport interchanges.
(g)  Incident management
The management of incidents affecting the efficiency of road and public transport networks, including the co-ordination of communications with and responses by relevant agencies.
(h)  Transport information
The provision of information about transport services and transport infrastructure to assist people to use those services or infrastructure.
(i)  Provision and deployment of staff and services
The provision of corporate and shared services to public transport agencies and the deployment of staff to public transport agencies and the Department of Transport.
(j)  Ticketing for transport services
The provision of integrated ticketing arrangements for transport services, and regulating the types of tickets and other ticketing arrangements for the setting of fares for transport services.
(k)  Precinct land planning
Assisting the Minister for Planning and Infrastructure and other relevant agencies with the preparation of precinct plans for the development of land for, or in the vicinity of, public transport stations or wharves and transport interchanges.
(l)  Procurement
Co-ordinating and carrying out the procurement of transport infrastructure and transport vehicles, rolling stock and vessels.

2   Advice and recommendations to the Minister

(1)  The transport policy and planning function of TfNSW includes the function of advising, assisting and making recommendations to the Minister in connection with the following:
(a)  the development of policy (including regulatory policy) for or in connection with the implementation or enforcement of the transport legislation,
(b)  the development of policy (including regulatory policy) for promoting and improving road safety, road travel efficiency and road traffic management,
(c)  policy and planning for or in connection with ports and maritime matters,
(d)  the initiation, development and implementation of proposals for the amendment of the transport legislation and other legislation relevant to the functions of TfNSW.
(2)  In this clause, a reference to the Minister includes a reference to any Minister administering any provision of the transport legislation or other legislation relevant to the functions of TfNSW.

Part 2 Transport functions

3   Transport infrastructure development

(1)  TfNSW may:
(a)  develop, establish, hold, manage and maintain transport infrastructure on behalf of the State, and
(b)  hold, manage, maintain and establish assets associated with transport infrastructure developed or proposed to be developed by TfNSW, and
(c)  make and enter into leases or licences, or other arrangements, with persons for developing transport infrastructure, and
(d)  provide goods and services to the bus, rail, ferry or other transport industries.
(2)  In this clause, a reference to developing transport infrastructure includes:
(a)  carrying out development for the purposes of or incidental to transport infrastructure (including development of land in the vicinity of transport infrastructure), and
(b)  facilitating, managing, financing or maintaining any such development, and
(c)  carrying out any function ancillary to any such development.
(3)  In this clause:

development means development within the meaning of the Environmental Planning and Assessment Act 1979 or an activity within the meaning of Part 5 of that Act.

transport infrastructure includes:

(a)  infrastructure associated with the use or operation of transport infrastructure, and
(b)  retail, commercial and residential development associated with or developed in conjunction with transport infrastructure.

4   Road safety, road travel efficiency and road traffic management

(1)  TfNSW may:
(a)  conduct testing, research and investigations in connection with promoting or improving road safety, road travel efficiency and road traffic management, and
(b)  develop and implement programs, projects, strategies and campaigns for promoting or improving road safety, road travel efficiency and road traffic management, and
(c)  provide advice and assistance to public and local authorities for the promotion or improvement of road safety, road travel efficiency and road traffic management.
(2)  In this clause, road safety refers to safety in connection with roads, road vehicles and all aspects of road usage.

4A   Passenger transport services safety

(1)  TfNSW may:
(a)  provide strategic co-ordination of safety regulatory frameworks in relation to transport authorities and owners or operators of transport services, and
(b)  review and evaluate any matter related to the safe operation of transport services and the functions of transport authorities in relation to the safe operation of transport services, and
(c)  advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of transport services, including safety regulation by transport authorities in relation to transport services, and
(d)  without limiting paragraph (c), advise the Minister with respect to the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services.
(2)  TfNSW may advise the Minister on the implementation of recommendations of reports of investigations and inquiries into transport accidents or incidents or the safety of transport services, including reports of the following kinds:
(a)  reports by the Chief Investigator,
(b)  transport safety inquiry reports,
(c)  reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,
(d)  an inquest or inquiry under the Coroners Act 2009.
(3)  TfNSW must report to the Minister each year on the performance of transport authorities and owners and operators of transport services in connection with the exercise of their functions relating to the safe operation of those services.
(4)  In this clause:

transport authority means:

(a)  RailCorp, or
(b)  the State Transit Authority, or
(c)  Sydney Ferries, or
(d)  RMS, or
(e)  the ITSR, or
(f)  any other person or body prescribed by the regulations for the purposes of this definition.

5   Standard Working Timetable

(1)  TfNSW has responsibility for determining the Standard Working Timetable for the delivery of transport services by public transport agencies for all modes of transport in the metropolitan rail area. TfNSW may alter or replace the Standard Working Timetable from time to time.
(2)  The Standard Working Timetable is the timetable that provides the specifications for the following aspects of the daily provision of rail, bus and ferry services by public transport agencies:
(a)  frequency of services,
(b)  daily service periods (that is, the times of first and last services),
(c)  size and carrying capacity of the trains, buses and ferries to be used to provide services,
(d)  movement of trains, buses and ferries when not in service,
(e)  access and non-operational times for maintenance and other operational purposes.
(3)  TfNSW is to determine the Standard Working Timetable (including any alteration or replacement of that timetable) in consultation with the public transport agencies concerned.
(4)  The Standard Working Timetable (as in force from time to time) is to be adopted by all public transport agencies as the timetable for the delivery of the transport services for which they are responsible.
(5)  The Standard Working Timetable does not operate to prevent timetable changes due to incident management or maintenance.
(6)  This clause overrides section 99D (Network control) and any order under that section, to the extent of any inconsistency with this clause.

6   Provision of rail access

TfNSW may provide persons with access under the current NSW rail access undertaking to the part of the NSW rail network vested in or owned by TfNSW and that is not subject to an ARTC lease or licence.

7   Community transport schemes

TfNSW may allocate funding for and administer or arrange for the administration of any scheme approved by the Minister for the provision of community transport schemes and services.

8   Government subsidised travel schemes

(1)  TfNSW 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 subclause 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.

Part 3 Ancillary functions

9   Power to contract

(1)  TfNSW may make or enter into contracts or arrangements with any person in connection with the exercise of TfNSW’s functions.
(2)  This clause does not limit the operation of any provision of the Passenger Transport Act 1990.

10   Sale, lease or other disposal of land

TfNSW may sell, lease or otherwise dispose of any of TfNSW’s land.

11   Acquisition of land

(1)  TfNSW may, for the purpose of the exercise of TfNSW’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 subclause (1) include for the purposes of a future sale, lease or disposal, that is, to enable TfNSW to exercise its functions in relation to land under this Act.
(3)  An acquisition of land under this clause is not void merely because it is expressed to be for the purposes of exercising the functions of TfNSW or for the purposes of this Act.
(4)  Without limiting the generality of this clause, the purposes for which land may be acquired under this clause include acquiring land for future use for transport infrastructure or services.

12   Application of Public Works Act 1912

(1)  For the purposes of the Public Works Act 1912, any acquisition of land under clause 11 is taken to be for an authorised work and TfNSW 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.

13   Other functions concerning land

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

14   Regulations

(1)  The regulations may make provision for or with respect to passenger transport facilities (including light rail systems) provided in the exercise of TfNSW’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.
Top of page