Cross River Rail Delivery Authority Act 2016

This Act may be cited as the Cross River Rail Delivery Authority Act 2016.

This Act commences on a day to be fixed by proclamation.

However, if no day has been fixed by 1 July 2017, the Act commences on that day.

The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

The purpose of this Act is to establish the Cross River Rail Delivery Authority—

to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and

to facilitate the efficient delivery of the cross river rail project and transport-related projects.

It is the intention of Parliament that the authority continue in existence only until the cross river rail project and any transport-related projects are completed.

This Act binds all persons, including the State.

However, the State can not be prosecuted for an offence against this Act.

The dictionary in schedule 1 defines particular words used in this Act.

The cross river rail project is the project known as the cross river rail project described in—

the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development and Public Works Organisation Act 1971; and

any Coordinator-General’s change report for the project under that Act.

The cross river rail project also includes the carrying out of—

development, other than development prescribed by regulation, in a cross river rail PDA; and

PDA-associated development, other than PDA-associated development prescribed by regulation, for a cross river rail PDA.

In this section—PDA-associated development see the Economic Development Act 2012, schedule 1.

A transport-related project is a project prescribed by regulation—

that involves providing transport infrastructure in South East Queensland, other than on land that is—

in a cross river rail PDA; or

PDA-associated land for a cross river rail PDA; and

that the Minister, after consulting the Transport Minister, is satisfied relates to the operation of rail transport infrastructure provided, or to be provided, as a result of the cross river rail project.

In this section—PDA-associated land, for a priority development area, see the Economic Development Act 2012, schedule 1.rail transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.Transport Minister means the Minister administering the Transport Infrastructure Act 1994.

The Cross River Rail Delivery Authority (the authority) is established.

The authority—

is a body corporate; and

may sue and be sued in its corporate name.

The authority represents the State.

Without limiting subsection (1), the authority has the status, privileges and immunities of the State.

The authority is—

a unit of public administration under the Crime and Corruption Act 2001; and

a statutory body under—

the Financial Accountability Act 2009; and

the Statutory Bodies Financial Arrangements Act 1982.

The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way that Act affects the authority’s powers.

The authority’s main functions are—

to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in a cross river rail PDA; and

to facilitate the efficient delivery of the cross river rail project and transport-related projects.

Without limiting subsection (1)(a), the authority has the following functions—

to identify opportunities and options for facilitating economic development, and development for community purposes, in a cross river rail PDA;

to identify, and consult with relevant entities about, options for funding development mentioned in paragraph (a);

to give advice and recommendations about a matter mentioned in paragraph (a) or (b) to—

the Minister; and

if appropriate, a relevant entity.

Without limiting subsection (1)(b), the authority has the following functions in relation to the cross river rail project or a transport-related project—

to carry out planning for the project, including—

inviting and evaluating proposals for the delivery of the project; and

facilitating the procurement and supply of infrastructure and services for the project;

to ensure that any approvals or authorities required for the project under other laws are obtained;

to enter into and manage contractual and other arrangements for the delivery of the project, including, for example—

negotiating and entering into agreements about funding for the project; and

ensuring contracts and agreements are performed in accordance with their terms;

to consult, or facilitate consultation, with relevant entities about funding and delivery of the project;

to provide, ensure the provision of, or manage infrastructure and other services and facilities for, or relating to, the project;

to promote the project through, for example, advertising and encouraging investment;

to give advice and recommendations about options for funding and delivering the project to—

the Minister; and

if appropriate, a relevant entity.

In carrying out its functions under this section, the authority must have regard to—

for a function relating to the cross river rail project—an interim land use plan or a development scheme for a cross river rail PDA; or

for a function relating to a transport-related project—any planning instrument that applies to the land on which development for the project is proposed to be carried out.

The authority also has—

the functions given to it under this Act or another Act; and

any other function, relating to its main functions under subsection (1), prescribed by regulation.

In this section—development scheme, for a priority development area, see the Economic Development Act 2012, schedule 1.interim land use plan, for a priority development area, see the Economic Development Act 2012, schedule 1.planning instrument means—

a development scheme for a priority development area; or

a planning instrument under the Planning Act.

relevant entity means—

the Commonwealth; or

another State; or

any other entity the authority considers is, or may be, involved in or affected by—

the cross river rail project; or

a transport-related project.