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This Act may be cited as the National Land Transport Act 2014.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
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Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Parts 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 6 July 2005 |
2. Parts 3, 4, 5, 6, 7 and 8 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 28 July 2005 (see F2005L02026) |
3. Part 9 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
The object of this Act is to assist national and regional economic and social development by the provision of Commonwealth funding aimed at improving the performance of land transport infrastructure.
In this Act, unless the contrary intention appears:
appropriate auditor means:
in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of a State—the Auditor‑General of the State; or
in relation to a person or body whose accounts are required by law to be audited by the Auditor‑General of the Commonwealth—the Auditor‑General of the Commonwealth; or
in relation to any other person or body—a person (other than a director, officer or employee of the person or body) who is:
registered as a company auditor or a public accountant under a law in force in a State; or
a member of Chartered Accountants Australia and New Zealand or of the Australian Society of Accountants.
approved funding recipient means the eligible funding recipient identified in the project approval instrument in relation to the following projects:
a Black Spot Project;
an Investment Project;
a Transport Development and Innovation Project.
approved purposes, in relation to the following projects, means the purposes forming part of the project, other than any purposes that are excluded by the project approval instrument from being purposes on which funding may be expended:
a Black Spot Project;
an Investment Project;
a Transport Development and Innovation Project.
authority of a State means a body:
that is established by a State or by a law of a State; or
in which a State has a controlling interest;
but does not include a local government authority.
Black Spot Project has the meaning given by section 69.
construction:
when used in relation to a railway or road, has a meaning affected by subsection (2); and
when used in relation to an inter‑modal transfer facility, has a meaning affected by subsection (3).
eligible funding recipient means:
a State; or
an authority of a State; or
a local government authority; or
any other body corporate;
and, when used in Parts 4 and 5,includes a partnership.
Section 92A sets out how this Act applies to partnerships.
funding agreement:
when used in Part 3, 4 or 7—means a written agreement between the Commonwealth and an eligible funding recipient relating to the provision of Commonwealth funding under that Part for a particular project; and
when used in Part 5—means a written agreement between the Commonwealth and a land transport research entity (within the meaning of that Part) for the provision of Commonwealth funding for the entity under that Part.
inter‑modal transfer facility means a facility for the transfer of cargo or passengers from one mode of transport to another. At least one of the modes of transport must be road or rail.
Investment Project has the meaning given by section 8.
local government authority means a body established for the purposes of local government by or under a law applying in a State or Territory.
maintenance, in relation to a road, railway or inter‑modal transfer facility, includes works and repairs to keep the road, railway or facility in a safe and useable condition.
National Land Transport Network means the National Land Transport Network, as in force from time to time, that is determined by the Minister under Part 2.
non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Section 51A deals with funding arrangements with non‑corporate Commonwealth entities.
project includes a program.
project approval instrument means:
in relation to a Black Spot Project—the instrument approving the project under subsection 70(1); and
in relation to an Investment Project—the instrument approving the project under subsection 9(1); and
in relation to a Transport Development and Innovation Project—the instrument approving the project under subsection 29(1).
public utility has a meaning affected by subsection (4).
railway includes any of the following:
railway signs;
railway control equipment;
railway communications equipment;
railway lighting equipment;
a bridge or tunnel associated with a railway, including a bridge or tunnel for the use of pedestrians;
any other thing that is specified in the regulations for the purposes of this definition, being a thing that is associated with a railway.
relevant external Territory means:
Norfolk Island; or
the Territory of Christmas Island; or
the Territory of Cocos (Keeling) Islands.
road:
subject to paragraph (b), includes any of the following associated with a road:
traffic signs;
traffic control equipment;
street lighting equipment;
a bridge or tunnel, including a bridge or tunnel for the use of pedestrians;
a path for the use of persons riding bicycles;
a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);
any other thing that is specified in the regulations for the purposes of this definition; and
when used in Part 8:
also includes a vehicular ferry associated with a road; but
does not include the other things specified in the regulations referred to in subparagraph (a)(vi).
Roads to Recovery funding period means the period specified in the Roads to Recovery List under subsection 87(1).
Roads to Recovery List means the list in force under subsection 87(1) of this Act.
State includes the Australian Capital Territory and the Northern Territory.
Transport Development and Innovation Project has the meaning given by section 28.
Meaning of construction in relation to a railway or road
In this Act, construction, when used in relation to a railway or road, includes:
the reconstruction or realignment of the railway or road; and
the bringing of the railway or road to a higher standard; and
investigation and associated engineering studies in connection with:
the construction, reconstruction or realignment of the railway or road; or
the bringing of the railway or road to a higher standard; or
the planning of alternative routes for the railway or road; and
the acquisition of an interest in land for the purpose of:
constructing, reconstructing or realigning the railway or road; or
the bringing of the railway or road to a higher standard; and
in relation to a matter described in paragraph (a) or (b)—the doing of any other thing specified in the regulations for the purposes of this subsection;
but does not include the maintenance of the railway or road.
Meaning of construction in relation to an inter‑modal transfer facility
In this Act, construction, when used in relation to an inter‑modal transfer facility, includes:
the reconstruction of the facility; and
work to enable the facility to operate more efficiently; and
investigation and associated engineering studies in connection with:
the construction or reconstruction of the facility; or
work to enable the facility to operate more efficiently;
but does not include maintenance of the facility.
Meaning of public utility
The regulations may define or otherwise clarify the meaning of public utility for the purposes of this Act.
Without limiting its effect apart from this section, this Act also has effect in relation to Commonwealth funding as provided by this section.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in connection with trade or commerce:
between Australia and other countries; or
among the States; or
between Territories or between a Territory and a State.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for a corporation to which paragraph 51(xx) of the Constitution applies.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:
in relation to a Territory government; or
in relation to projects or activities in a Territory.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to places acquired by the Commonwealth for public purposes.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding:
by way of financial assistance to a State; or
in relation to railway construction and extension in a State with the consent of the State.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in relation to external affairs.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the defence of Australia.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the funding to be provided by the Commonwealth as the national Government of Australia.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding in so far as it is appropriate for the Parliament, as the national Parliament of Australia, to authorise the Minister to provide the funding.
This Act also has the effect it would have if its operation in relation to Commonwealth funding were expressly confined to an operation limited to Commonwealth funding for purposes relating to the executive power of the Commonwealth.
The Minister must, in writing, determine a National Land Transport Network.
The National Land Transport Network is to consist of such of the following in the States as the Minister considers, subject to subsection (3), should be included:
existing and proposed roads:
connecting 2 capital cities; or
connecting a capital city and a major centre of commercial activity; or
connecting 2 major centres of commercial activity; or
connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or
in a capital city or a major centre of commercial activity that connect 2 or more roads covered by any of subparagraphs (i) to (iv); or
connecting a road covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;
existing and proposed railways:
connecting 2 capital cities; or
connecting a capital city and a major centre of commercial activity; or
connecting 2 major centres of commercial activity; or
connecting a capital city or a major centre of commercial activity and an inter‑modal transfer facility; or
in a capital city or a major centre of commercial activity that connect 2 or more railways covered by any of subparagraphs (i) to (iv); or
connecting a railway covered by any of subparagraphs (i) to (v) and an inter‑modal transfer facility;
existing and proposed inter‑modal transfer facilities which can be accessed by a road or railway covered by paragraph (a) or (b).
The Minister must not include an existing or proposed road, railway or inter‑modal transfer facility in the National Land Transport Network unless the Minister is satisfied that the road, railway or facility is or will be important for either or both of the following:
the development of international, inter‑State or inter‑regional trade and commerce;
the facilitation of international, inter‑State or inter‑regional travel.
An instrument determining the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
The Minister may, in writing, vary the National Land Transport Network.
The Minister must not vary the National Land Transport Network unless the composition of the Network, once the variation has been made, will accord with the requirements of section 5.
An instrument varying the National Land Transport Network is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
The Minister must cause the determination, or any variation, of the National Land Transport Network to be published in such way or ways as the Minister considers appropriate.
This section applies in addition to the requirements of the Legislation Act 2003.
An Investment Project is a project for which an approval by the Minister under subsection 9(1) is in force.
The Minister may, in writing, approve a project as an Investment Project if, and only if:
the Minister is satisfied that the project is eligible for approval (see section 10); and
the Minister considers that it is appropriate to approve the project (see section 11).
An instrument approving a project is not a legislative instrument.
A project is eligible for approval as an Investment Project if the project is for one or more of the following:
the construction of an existing or proposed road that is in a State or relevant external Territory;
the maintenance of an existing or proposed road that is included in the National Land Transport Network;
the construction of an existing or proposed railway that is in a State or relevant external Territory;
the maintenance of an existing or proposed railway that is included in the National Land Transport Network;
the construction of an inter‑modal transfer facility in a State or relevant external Territory;
the acquisition or application of technology that will, or may, contribute to the efficiency, security or safety of transport operations in a State or relevant external Territory.
The definition of construction in section 4 covers some kinds of work on an existing road, railway or inter‑modal transfer facility (hence the references above to the construction of an existing road, railway or inter‑modal transfer facility).
The matters to which the Minister may have regard in deciding whether it is appropriate to approve a project as an Investment Project include, but are not limited to, the following matters:
the extent to which the project is likely to improve the ability of industries and communities to compete in international, inter‑State or inter‑regional trade and commerce;
the extent to which the project will improve the efficiency, integration, security or safety of transport operations;
the results of any assessment of the economic, environmental or social costs or benefits of the project;
the extent to which the project is likely to improve access for communities to services and employment;
any transport or land use plans that might be relevant to the project;
the extent to which persons other than the Commonwealth propose to contribute funding to the project.