Transport Administration Act 1988

This Act may be cited as the Transport Administration Act 1988.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act with respect to the administration of the transport services provided to the people of New South Wales include the following—

to provide an efficient and accountable framework for the governance of the delivery of transport services,

to promote the integration of the transport system,

to enable effective planning and delivery of transport infrastructure and services,

to facilitate the mobilisation and prioritisation of key resources across the transport sector,

to co-ordinate the activities of those engaged in the delivery of transport services,

to maintain independent regulatory arrangements for securing the safety of transport services.

Public transport agencies are to exercise their functions in a manner that promotes the following objectives, which are the common objectives of public transport agencies—

Customer focus

To put the customer first and design the transport system around the needs and expectations of the customer.

Economic development

To enable the transport system to support the economic development of the State (with a focus on freight transport systems).

Planning and investment

To ensure that good planning informs investment strategies.

Coherence and integration

To promote coherence and integration across all transport modes and all stages of decision making.

Performance and delivery

To focus on performance and service delivery, based on a strong purchaser-provider model with clear accountabilities for outcomes.

Efficiency

To achieve greater efficiency—

in the delivery of transport infrastructure projects, and

through improved coordination of freight, maritime and ports operations, and their integration into the transport system, and

by eliminating duplication of functions and resources, and

by outsourcing the delivery of non-core services.

Environmental sustainability

To promote the delivery of transport services in an environmentally sustainable manner.

Social benefits

To contribute to the delivery of social benefits for customers, including greater inclusiveness, accessibility and quality of life.

Safety

To provide safe transport services in accordance with a safety regulatory framework.

Public transport agencies are to determine their service delivery priorities having regard to the Transport Secretary’s expectations for service delivery established by a Statement of Expectations issued annually to public transport agencies by the Transport Secretary.

In this Act—

access purchaser means a person who has contracted with a rail infrastructure owner in respect of the operation of rolling stock.

activation, of a public space, means the carrying out of works or activities to enhance the functionality of, or the conduct of human activity or operations within, the space, including works or activities to promote the following—

the quality, amenity, vibrancy, accessibility, built form, infrastructure and perceptions of safety of the space,

the resilience of individuals, communities, institutions, businesses and systems in relation to the space,

the use of technology, and the collection and use of data, in and about the space,

events in and about the space.

active transport means the movement of people, or people and goods, by the following—

one or more modes of transport, powered or partially powered by human activity, including by the following modes—

walking,

running,

cycling,

scootering,

skating,

the use of a manual wheelchair,

the use of a micromobility device,

Example—

an e-scooter

the use of a motorised mobility device.

Example—

a motorised wheelchair or a mobility scooter

Advisory Board means the Transport Advisory Board established under Part 5.

ARTC means the Australian Rail Track Corporation Ltd (ACN 081 455 754).

ARTC arrangement means a lease, licence, agreement or other arrangement under Part 8A.

ARTC lease or licence means a lease or licence under Part 8A.

bus service includes any road transport service for the carriage of passengers (except a railway service).

Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45.

country rail area means that part of the NSW rail network not within the metropolitan rail area.

ferry service means any ferry service for the carriage of passengers.

Independent Transport Safety Advisory Board means the Independent Transport Safety Advisory Board established under this Act.

light rail services—see section 104M.

light rail system—see section 104N.

metro means a mass transit infrastructure system, and associated facilities, that—

provides high-frequency, high-capacity passenger services, and

is operated using automated or partly-automated systems from one or more central control points.

metro assets means assets (including transport infrastructure, transport vehicles and rolling stock) used for or in connection with or to facilitate the movement of persons by means of a metro.

metro passenger service means a passenger service provided by a metro.

metropolitan rail area—see section 3A.

mode shift, in relation to transport, means a change from the use of one mode of transport to another mode of transport.

National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW), section 656.

National Rail Safety Regulator means the Office of the National Rail Safety Regulator established under the Rail Safety National Law (NSW).

Newcastle ferry services means ferry services provided in Newcastle Harbour.

NSW Motorways means NSW Motorways constituted under this Act.

NSW rail access undertaking means—

if an undertaking referred to in section 99C is in force under the Competition and Consumer Act 2010 of the Commonwealth, that undertaking, or

in any other case, an access undertaking in force under Schedule 6AA.

NSW rail network means the railway lines vested in or owned by or managed or controlled by a rail infrastructure owner (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned or managed or controlled), but does not include any part of a metro.

NSW Trains means NSW Trains constituted under this Act.

public space means a space that is open to the public, or is used by the public, for no payment of money or other consideration.

Note—

Public spaces may include public open spaces, public facilities and streets.

public transport agency means TfNSW, the State Transit Authority, Sydney Ferries, Sydney Metro, NSW Trains, Sydney Trains and their public or private subsidiary corporations.

rail infrastructure facilities—

includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but

does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner.

rail infrastructure owner means—

in the case of any rail infrastructure facilities that are managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or

in the case of any rail infrastructure facilities that are managed or controlled by NSW Trains for the purposes of exercising its functions under this Act, NSW Trains, or

in the case of any rail infrastructure facilities that are managed or controlled by Sydney Trains for the purposes of exercising its functions under this Act, Sydney Trains, or

in the case of any rail infrastructure facilities owned by TAM or vested in TAM by or under this or another Act, TAM, or

in the case of any rail infrastructure facilities that are managed or controlled by Sydney Metro for the purposes of exercising its functions under this Act, Sydney Metro, or

in the case of any rail infrastructure facilities that are subject to an ARTC lease or licence or are installed, established or replaced by ARTC in or on land subject to an ARTC lease or licence, ARTC, or

(Repealed)

in any other case, the person in whom ownership of rail infrastructure facilities is vested by or under this Act.

rail operator means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track.

railway service means a railway passenger service and a metro passenger service.

rolling stock means any vehicle that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track or tracks when the vehicle is not operating on a railway track or tracks.

SOC conversion day means the date of commencement of Schedule 2.1[6] to the Transport Administration Amendment (Transport Entities) Act 2017.

State Transit Authority means the State Transit Authority of New South Wales constituted under this Act.

Sydney Ferries means Sydney Ferries constituted under this Act.

Sydney ferry services means ferry services provided in Sydney Harbour or the Parramatta River.

Sydney Metro means Sydney Metro constituted under this Act.

Sydney Metro Board means the board of directors of Sydney Metro.

Sydney Trains means Sydney Trains constituted under this Act.

TAM means Transport Asset Manager of New South Wales constituted under Part 2.

TAM advisory board means the TAM advisory board established under Part 2.

toll operator has the same meaning as in the Roads Act 1993.

toll road has the same meaning as in the Roads Act 1993.

toll service provider means a person that provides accounts, products or related services to enable the payment of tolls for the use of toll roads, tollways, bridges, tunnels or road-ferries by persons who are required to pay the tolls.

transport assets means assets used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes transport infrastructure.

transport district means a transport district for the time being established under section 108.

Transport for NSW (or TfNSW) means Transport for NSW constituted under this Act.

transport infrastructure means infrastructure used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes—

railways and railway infrastructure, and

roads and road infrastructure, and

maritime infrastructure and ports, and

transport safety infrastructure, and

systems, works, structures, buildings, plant, machinery and equipment that are associated with or incidental to transport infrastructure.

transport legislation means the following Acts and the regulations under those Acts—

this Act,

the Passenger Transport Act 1990,

the Ports and Maritime Administration Act 1995,

the Roads Act 1993,

an Act that forms part of the road transport legislation as defined in the Road Transport Act 2013,

(Repealed)

the marine legislation as defined in the Ports and Maritime Administration Act 1995,

an Act that is prescribed by the regulations for the purposes of this definition.

transport safety inquiry has the same meaning as it has in the Passenger Transport Act 1990.

Transport Secretary means the Secretary of the Department of Transport.

Transport Service means the Transport Service of New South Wales referred to in section 68B.

transport services include railway services (including heavy rail and light rail services and metro passenger services), bus services and ferry services.

transport system means the transport services and transport infrastructure of the State for all modes of transport.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes in the text of this Act do not form part of this Act.

(Repealed)

For the purposes of this Act, the metropolitan rail area is the land shown or described as being within the metropolitan rail area on the metropolitan rail area map presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was introduced into the Assembly, and held by TfNSW, as amended or replaced under this section.

The Minister may, by notice published in the Gazette, amend or replace the metropolitan rail area map, but only for one or more of the following purposes—

to provide a more detailed description of the land,

to alter the boundaries of the land for the purposes of the effective management of rail infrastructure facilities in the State.

The metropolitan rail area map may consist of one or more maps.

A notice under this section which has the effect of moving land subject to an ARTC lease or licence to or from the metropolitan rail area has no effect unless ARTC has given prior written consent to the notice.

ARTC must not unreasonably withhold consent to any such notice.

(Repealed)

The Transport Secretary and the chief executives of the following bodies are, in the exercise of their functions, subject to the control and direction of the Minister—

(Repealed)

TfNSW,

TAM,

State Transit Authority,

Sydney Ferries,

NSW Trains,

Sydney Trains,

NSW Motorways.

(Repealed)

Sydney Metro is, in the exercise of its functions, subject to the control and direction of the Minister.

TAM is, in the exercise of its functions, subject to the control and direction of the Minister.

To avoid doubt, the Minister may direct TAM to do either or both of the following—

cease exercising one or more of its functions,

exercise its functions in a limited way.

The Minister may delegate to the Transport Secretary, or to any such chief executive, any function of the Minister under this Act, other than this power of delegation.

The Minister may delegate to Sydney Metro any function of the Minister under this Act, other than this power of delegation.

Sydney Metro may sub-delegate to an authorised person any function delegated to it by the Minister if the delegate is authorised in writing to do so by the Minister.

In this section, authorised person means—

the Chairperson of the Sydney Metro Board, or

the Chief Executive of Sydney Metro.

There is constituted by this Act a corporation with the corporate name of Transport for NSW.

TfNSW is a NSW Government agency.

The affairs of TfNSW are to be managed and controlled by the Transport Secretary.

Any act, matter or thing done in the name of, or on behalf of, Transport for NSW by the Transport Secretary is taken to have been done by Transport for NSW.

The objectives of Transport for NSW are as follows—

to plan for a transport system that meets the needs and expectations of the public,

to promote economic development and investment,

to provide integration at the decision-making level across all public transport modes,

to promote greater efficiency in the delivery of transport infrastructure projects,

to promote the safe and reliable delivery of public transport and freight services,

to promote active transport and its integration with other modes of transport,

to improve the activation of public spaces.

TfNSW has the functions set out in Schedule 1.

TfNSW has such other functions as are conferred or imposed on it by or under this or any other Act.

The functions of TfNSW do not limit the functions of the Transport Secretary as head of the Department of Transport.

TfNSW cannot employ any staff.

Note.

Staff may be employed under Part 7A in the Transport Service to enable TfNSW to exercise its functions.

TfNSW is to prepare and make publicly available a corporate plan for the activities of TfNSW in the next 5 financial years. TfNSW is to revise the corporate plan annually.

TfNSW may, for the purpose of exercising its functions, give directions to the following bodies in relation to the exercise of their functions—

, (b) (Repealed)

State Transit Authority,

Sydney Ferries,

NSW Trains,

Sydney Trains,

(Repealed)

Sydney Metro,

NSW Motorways,

a public or private subsidiary corporation (as referred to in Part 6B) of any of those bodies.

Note.

This Act provides that the Chief Executive of a body referred to in paragraphs (a)–(f) is, in managing the affairs of the body, to do so in accordance with any directions of TfNSW under this section.

A body referred to in subsection (1) is required to provide TfNSW, at such times and in such form as TfNSW directs, with the following—

the operating and capital works budget of the body for the next year and forward years,

any other information held by or relating to the body that TfNSW considers is required for the purposes of exercising its functions.

If a budget of the body is required to be changed as a result of a direction of TfNSW under this section, the body is to provide the revised budget to TfNSW.

This section is not subject to any contract under clause 1(e) of Schedule 1 with a body referred to in subsection (1).

TfNSW may not give a direction under this section to a body in relation to the exercise by that body of the body’s functions as a relevant safety regulator under section 3H.